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10.15.09.00.htm 10.15.09.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 15 FOOD Chapter 09 Production, Processing, Transportation, Storage, and Distribution of Manufactured Grade Milk Authority: Health-General Article, §21-406, Annotated Code of Maryland
10.15.09.01.htm 10.15.09.01. 01 Incorporation by Reference.. A. All provisions of 21 CFR 100-199 are incorporated by reference.. B. All provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301-348, are incorporated by reference.C. All provisions of 37 FR 7046-7066 (1972) and as amended in 50 FR 34726-34729 (1985) and 58 FR 26950 - 26955 (1993) are incorporated by reference.
10.15.09.02.htm 10.15.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Actionable residue" means that concentration level, as determined by the Secretary, based on guidance or instruction from the United States Food and Drug Administration, Environmental Protection Agency, Department of Agriculture, or other authority, that renders a milk or milk product unacceptable for use.2) "Adulterated product" means a milk or milk prod
10.15.09.03.htm 10.15.09.03. 03 Adulterated, Misbranded, or Ungraded Milk or Milk Products.. A. A person may not provide, offer for sale, or sell any milk or milk product that is adulterated or misbranded.B. The Secretary may mark, detain, and destroy an adulterated or misbranded milk or milk product in accordance with Health-General Article, 21-253 and 21-254, Annotated Code of Maryland.C. In an emergency, as provided by Health-General Article, §21-430, Annotated Code of Maryland, the Secretary may allow the u
10.15.09.04.htm 10.15.09.04. 04 Permit Process.. A. Permit Required.. 1) Before engaging in an activity listed in Health-General Article, §21-410(a) Annotated Code of Maryland, or an occupation listed in Health-General Article, §21-410(b) Annotated Code of Maryland, a person shall obtain the appropriate permit as required by those sections, subject to the exceptions set forth in Health-General Article, §21-410(c) Annotated Code of Maryland.2) A person may not engage in an activity listed i
10.15.09.05.htm 10.15.09.05. 05 Inspection and Examination.. A. The Department shall inspect the operation and equipment of a dairy farm, milk plant, receiving station, transfer station, distribution station, and bobtailer before issuing a permit for that person or entity to operate.B. Before issuing a permit to an applicant for a milk hauler's permit, the Department shall:. 1) Administer an examination to the applicant;. 2) Issue a temporary authorization to haul milk to the applicant upon the a
10.15.09.06.htm 10.15.09.06. 06 Sale of Manufactured Grade Milk Products from Outside the Departmental Inspection Area.. If a milk product is from a place outside the Departmental inspection area, a person may sell the milk product in Maryland if:A. The person holds a permit issued under Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland, and Regulation .04 of this chapter; andB. The milk product is produced and processed under requirements that are substantially equivalent t
10.15.09.07.htm 10.15.09.07. 07 Labeling.. A. General Labeling Requirements. A milk processor shall label conspicuously all bottles, containers, and packages containing milk or milk products, in accordance with the applicable requirements of this chapter, the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §301―348, and 21 CFR 100―199.B. Specific Labeling Requirements. A milk processor shall mark conspicuously to the extent applicable all bottles, containers, and packages containing milk or a milk product,
10.15.09.08.htm 10.15.09.08. 08 Responsibilities Relating to the Shipping of Milk and Milk Products.. A. Identity of Owner of Vehicle. A bobtailer, distributor, milk hauler, receiving station operator, transfer station operator, and milk processor shall mark legibly a commercial vehicle and a milk tank truck which contains milk or a milk product with the name and address of the owner of the vehicle or milk tank truck.B. Requirements When Sources of Supply are Out-of-State.. 1) A milk hauler or milk
10.15.09.09.htm 10.15.09.09. 09 Samples to be Taken of Milk and Milk Products.. A. A milk hauler shall:. 1) Collect a representative sample of milk from each farm bulk milk tank or milk can before accepting milk from a farm bulk milk tank or milk can;2) Label the sample with the milk producer's identification number;. 3) Maintain the sample between 32°F and 40°F and in such a manner to guarantee sample integrity; and. 4) Deliver all samples taken under this regulation to a milk plant, receivi
10.15.09.10.htm 10.15.09.10. 10 Sample Analysis.. A. Sample Analysis Laboratory.. 1) Only an official or officially designated laboratory may analyze samples required under this chapter.2) A laboratory properly equipped to perform vitamin tests may perform the vitamin tests.. B. Testing of Samples.. 1) At the direction of the Department, an official laboratory or officially designated laboratory shall:a) Perform an appearance and odor evaluation, a sediment content classification, a bacterial count,
10.15.09.11.htm 10.15.09.11. 11 Quality and Test Requirements for Milk for Manufacturing Purposes.. A. Temperature Standards.. 1) Manufactured grade raw milk shall be cooled to 40°F (4.4°C) or less within 2 hours after milking, except that the blend temperature after the first and subsequent milkings may not exceed 50°F (10°C)2) Manufactured grade milk products shall be cooled to and maintained at a temperature not to exceed 40°F (4.4°C)B. Odor and Appearance Standards. The appearance and odor of milk or a milk
10.15.09.12.htm 10.15.09.12. 12 Action on Samples and Sale Prohibitions.. A. Except for aseptically processed milk or an aseptically processed milk product, whenever two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperature tests taken on separate days exceed the limit of the standard set forth in this chapter for milk or a milk product, the Department shall send a written notice of intent to suspend the permit to the permit holder.
10.15.09.13.htm 10.15.09.13. 13 Additional Requirements for Manufactured Grade Dairy Farms and Manufactured Grade Milk Processing Plants.A permittee shall comply with the provisions set forth in 37 FR 7046-7066 (1972) and as amended in 50 FR 34726-34729 (1985) and 58 FR 26950-26955 (1993)
10.15.09.14.htm 10.15.09.14. 14 Heat Treatment Requirements for Milk Processing.. A. A milk processor shall use only the processes of pasteurization, ultra-pasteurization, or aseptic processing, accompanied by refrigeration, to deactivate or remove microorganisms from raw milk.B. A milk processor may heat-treat raw milk to a temperature greater than 125°F but less than 161°F for separation purposes.
10.15.09.15.htm 10.15.09.15. 15 Milk Hauling Vehicles.. A. Identification of Vehicles. Except as provided in §B of this regulation, the owner of a milk hauling vehicle shall:1) Mark a raw milk tank truck or other vehicle used in the transportation of milk within the State with the words "Md. Milk Trans. and the container registration number assigned by the Department to the vehicle;2) Mark these items on the back of the vehicle in letters not less than 3 inches in height; and.
10.15.09.16.htm 10.15.09.16. 16 Milk Hauler Responsibilities.. A milk hauler shall:. A. Carry a milk hauler's permit when operating a milk hauling vehicle;. B. Ensure that no interval greater than 2 hours elapses between milk pickups;. C. Measure and calculate accurately the weight of the milk;. D. Collect a representative sample of milk from each farm bulk tank or milk can;. E. Label the sample with the milk producer's identification number;.
10.15.09.17.htm 10.15.09.17. 17 Transferring Milk Products.. Unless the transfer occurs from a bulk milk tank to a bulk milk pickup tanker on the dairy farm where the milk is produced or in a receiving station, transfer station, or milk plant, a person may not transfer a milk product from a container or milk tank truck to another container or truck.
10.15.09.18.htm 10.15.09.18. 18 Plans for Construction, Renovation, or Extensive Alteration of Equipment and Facilities Owned or Operated by a Permittee.A. Permittee's Responsibility. A permittee shall:. 1) Submit legible, detailed plans to the Department for review before construction, renovation, or alteration work is begun;2) Begin work only after written permission is received from the Department; and. 3) Follow plans for work as submitted to, reviewed by, and approved by the Department..
10.15.09.19.htm 10.15.09.19. 19 Procedure When Infection is Suspected.. In accordance with Health-General Article, 21-253, 21-254, and 21-435, Annotated Code of Maryland, when an individual involved with the handling of milk or a milk product at a dairy farm, milk plant, receiving station, or transfer station has a communicable disease or is a carrier of a communicable disease, the Secretary may:A. Immediately exclude that person from handling milk, milk products, milk containers, and milk equipment;
10.15.09.20.htm 10.15.09.20. 20 Penalties.. A person who violates a provision of this chapter is subject to the penalties, fines, and imprisonment set forth in Health-General Article, Title 21, Annotated Code of Maryland.
10.15.09.9999.htm 10.15.09.9999. Administrative History Effective date: April 10, 1995 (22:7 Md. R. 536).
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