.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Bobtailer" means a person who operates or controls a Grade "A" milk route, and distributes Grade "A" pasteurized milk products that the person buys from a Grade "A" distributor or milk processor.

(2) "Bulk milk hauler/sampler" means a person who:

(a) Collects official samples;

(b) Transports raw milk from a farm or raw milk products to or from a milk plant, receiving station, or transfer station;

(c) Possesses a permit from any state to sample raw milk or raw milk products; and

(d) Possesses a Maryland Bulk Milk Hauler license if they are sampling milk or raw milk products in Maryland.

(3) "Certified industry dairy farm inspector" means an individual who is certified by the Secretary under Health-General Article, §21-414, Annotated Code of Maryland, to carry out the inspections of dairy farms.

(4) "Dairy farm" means a place where at least one cow, goat, or other hoofed mammal is kept, and from which the milk is sold or offered for sale.

(5) "Department" means the Maryland Department of Health or the Department's designee.

(6) "Extensive alteration" means the adding or tearing down of walls, plumbing, or other structural components of a dairy farm or milk facility.

(7) “Grade 'A' distribution station” means a place or vehicle where, for redistribution and sale, Grade “A” pasteurized milk products routinely are received, stored, or transferred.

(8) "Grade 'A' fluid milk" means pasteurized homogenized or pasteurized non-homogenized Grade "A" milk, cream, or half and half that has been processed to produce whole milk, low fat milk, or nonfat milk.

(9) "Grade 'A' milk or milk products" means the milk of a cow, goat, or other hoofed mammal that is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade "A" Pasteurized Milk Ordinance.

(10) "Impound" means to detain and hold milk or milk products under the authority of the Secretary, as provided under Health-General Article, §21-428, Annotated Code of Maryland.

(11) "Improper handling" means Grade "A" milk or a milk product intended for human consumption that:

(a) Has been adulterated;

(b) Has been misbranded;

(c) Has not been kept at the required temperature;

(d) Is injurious to health if consumed; or

(e) Is otherwise unsafe.

(12) "Industry plant sampler" means a person employed at a milk plant, a receiving station, or a transfer station who is responsible for the collection of official samples for regulatory purposes at the milk plant, receiving station, or transfer station.

(13) "Milk" means the milk of a cow, goat, or other hoofed mammal that is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade "A" Pasteurized Milk Ordinance.

(14) "Milk facility" means a:

(a) Milk plant;

(b) Grade "A" distribution station;

(c) Receiving station;

(d) Transfer station;

(e) Milk processor; or

(f) Milk tank truck cleaning facility.

(15) “Milk marketing agency” means a person who negotiates the price of milk to be offered for sale and supplies milk.

(16) Milk Plant.

(a) "Milk plant" means a place where, for distribution, milk products are:

(i) Processed;

(ii) Pasteurized;

(iii) Bottled or packaged; or

(iv) Prepared.

(b) "Milk plant" does not include a place where milk products are sold at retail only.

(17) "Milk processor" means a person who owns, operates, or controls a milk plant.

(18) "Milk producer" means a person who:

(a) Operates a dairy farm; and

(b) Provides, sells, or offers milk for sale to a:

(i) Milk plant;

(ii) Receiving station; or

(iii) Transfer station.

(19) "Milk tank truck" means a truck and its equipment that are used to transport milk or milk products.

(20) "Milk tank truck cleaning facility" means a place, premises, or establishment, separate from a milk plant, receiving station, or transfer station, where a milk tank truck is cleaned and sanitized.

(21) "Milk transportation company" means a person who is responsible for a milk tank truck.

(22) “Official laboratory” means a biological, chemical, or physical laboratory that is operated by the Department.

(23) “Officially designated laboratory” means a commercial laboratory authorized to conduct testing of milk and milk products on behalf of the Department or a milk industry laboratory officially designated by the Department for the examination, pursuant to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, of:

(a) Producer samples of Grade "A" raw milk for pasteurization; or

(b) Commingled milk tank truck samples of Grade "A" raw milk.

(24) “Permit” means an official document issued by the Secretary in accordance with Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland, that authorizes the holder of the permit to do an act that is within the scope of the permit.

(25) "Permittee" means a person who holds a permit.

(26) Person.

(a) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(b) "Person" includes:

(i) An operator of a facility that is owned by a State or local unit of government; or

(ii) A State or local unit of government if the State or local unit of government is the operator of the facility.

(27) "Raw milk" means unpasteurized milk.

(28) "Receiving station" means a place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.

(29) "Sale" or "sell" means a transaction that involves the:

(a) Transfer, dispensing, or serving of milk and milk products with or without charge; or

(b) Right to acquire milk and milk products:

(i) Through barter or contractual arrangement; or

(ii) In exchange for any other form of compensation including, but not limited to, an agistment agreement, which is the sale of shares or interest in a cow, goat, or other lactating hoofed mammal, or herd of cows, goats, or other lactating hoofed mammals.

(30) "Sanitization" means the application of an effective method or substance to clean surfaces to destroy pathogens and other microorganisms.

(31) “Seasonal milk producer” means a milk producer that holds a permit to produce milk seasonally and stops producing milk for 30 days or more and then starts producing milk again within 12 months year after year.

(32) "Secretary" means the Secretary of Health or the Secretary's designee.

(33) "Sell-by date" means the end of the sell-by period.

(34) "Sell-by period" means the length of time a Grade "A" milk product may be kept for sale.

(35) "Transfer station" means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.