.04 Definitions.

A. "Automated testing equipment" means any contrivance, machine, or device manufactured for the purpose of measuring the milk fat content of milk or other fluid milk products within the design of the instrument, and approved by the Association of Official Analytical Chemists (AOAC).

B. "Cooperative" means a corporation or association as defined and construed in the Corporations and Associations Article, §5-501, Annotated Code of Maryland. A cooperative shall be deemed a producer within the provisions of these regulations and shall be entitled to their benefits.

C. "Department" means the Maryland Department of Agriculture.

D. "Equipment operator" means a person licensed to operate automated testing equipment in accordance with these regulations.

E. "Person" includes:

(1) The State, any county, municipal corporation or other political subdivision of the State, or any of its units;

(2) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

(3) Any partnership, firm, association, public or private corporation; or

(4) Any other entity, unless otherwise provided.

F. "Producer" means any person who owns, controls, or operates a dairy herd for the production of milk to be sold or offered for sale.

G. "Purchaser" means any person who pays the producer or the person who pays a cooperative association representing the producers for the milk or other fluid dairy products.

H. "Reference method" means the method of testing milk for milk fat content that is known as the Babcock Test, provided, that for the purposes of these regulations, all measurements obtained by the Babcock Test shall be read to the nearest .05 percent.

I. "Sample" means that representative portion of the producer's shipment that is drawn and placed into a container approved by the Department and used for an analysis of milk constituent content on which payment to the producer may be based.

J. "Secretary" means the Secretary of Agriculture or the Secretary’s designee.

K. "Test" means an official procedure, approved by the Association of Official Analytical Chemists or American Public Health Association as published in the latest edition of their official publication and adopted by the Department, which is used to determine the amount of any milk constituent in any sample of milk or other fluid dairy product. The results of the analysis shall also be referred to as a test.