15.03.05.02

.02 Permits, Licenses and Fees.

A. Receiving Station Permits.

(1) Stationary Receiving Stations. A permit is required for each stationary receiving station, such as any building, milk plant, or other non-mobile facility where milk and other fluid dairy products are received from the producer. Upon each permit application for a stationary receiving station, the applicant shall state, under oath, the average amount of milk or other fluid dairy products received daily during the 12-month period preceding the application. If the applicant did not purchase milk for the entire 12-month period, he will state the average amount received during the period when milk was purchased by him. If he purchased no milk during any portion of the previous 12 months, he will estimate his receipts for the period for which the permit is requested.

(2) Farm Milk Tank Truck—Mobile Receiving Station. A mobile receiving station shall be any milk tank truck, trailer, or semi-trailer which is used to receive the producer's milk on the farm. Each milk tank truck, trailer, or semi-trailer shall be considered a receiving station and each purchaser or receiver shall be required to hold a separate permit for each mobile receiving station. In addition to all other information required by the Secretary, the applicant shall state, under oath, the total capacity in gallons of each mobile receiving station for which a permit is required.

(3) Permit Fees.

(a) General. Each application for a permit shall be accompanied by a fee based on the average daily volume of milk or other fluid dairy products received, in the case of stationary receiving stations, and the total capacity of the carrying compartment(s) in the case of mobile receiving stations.

(b) Fee Determination.

(i) Stationary Receiving Stations.

(aa) Receiving milk and other fluid dairy products not exceeding 2000 pounds daily — $5

(bb) Receiving milk and other fluid dairy products exceeding 2000 pounds, but not exceeding 40,000 pounds daily — $10

(cc) Receiving milk and other fluid dairy products exceeding 40,000 pounds daily — $25

(ii) Mobile Receiving Stations.

(aa) Total capacity not exceeding 5000 gallons — $10

(bb) Total capacity exceeding 5000 gallons — $25

(4) Posting Permits.

(a) Stationary receiving station permits shall be conspicuously posted at the receiving station for which they are issued.

(b) Mobile receiving station permits shall be kept in the vehicle for which they are issued and shall be available for display and inspection at all times upon request by the Secretary.

(5) Permit Year. All receiving station permits shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued. Permits are not assignable or transferable.

B. Licenses.

(1) License Obtained by Examination. Every person weighing, measuring, sampling, or testing milk or other fluid dairy products for permit holders shall possess a license issued by the Secretary for that purpose. The license may be obtained by initiating an application and successfully completing any applicable examination required by the Secretary. After a person successfully completes the examination for a license to test and/or to weigh, measure, or sample, he shall receive written notification of that fact. Unless he applies for the license within a 2-year period from the date of examination, he shall be required to present himself for reexamination before being issued a license.

(2) License Renewal. Unless a person holding a valid license to test and/or to weigh, measure, and sample renews the license within 1 year after its expiration date, he shall be required to successfully complete an applicable examination prescribed by the Secretary before a current license may be issued.

(3) Farm Milk Tank Calibrator.

(a) Registration. All persons, not members of the Maryland Department of Agriculture, engaged in calibration of farm milk tanks located in the State shall be registered with the Secretary.

(b) License and Examination Required. All persons desiring to be registered as a farm milk tank calibrator shall initiate the prescribed action to obtain a license to weigh, measure, and sample as a minimum requirement, or obtain a license to weigh, measure, sample, and test. Examinations specifically for calibrators will, in addition to other material, contain subject matter directly related to farm milk tanks.

(4) License Year. All licenses shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued.

(5) Fees for Examination and License.

(a) Application and Examination Fee; General. Any person requesting an examination and initiating an application for a license to weigh, measure, sample and/or test milk or other fluid dairy products shall pay the prescribed fee.

(b) Application and Examination Fee; Cost. The application and examination fee shall be $1 for any person seeking a license to weigh, measure, and sample. The fee for any person seeking a license to weigh, measure, sample, and test shall be $1.50.

(c) License Fee. The fee for a license to weigh, measure, and sample shall be $2. The fee for a license to weigh, measure, sample, and test shall be $3.