15.04.01.10

.10 Quarterly Reports and Inspection Fees.

A. Certain Packers Exempt. A packer who keeps 3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs only from these chickens is not required to submit a quarterly report or pay an inspection fee.

B. Submission of Quarterly Report. For each business location from which eggs are sold or delivered to a retailer, food service facility, or consumer in Maryland, a packer or distributor shall submit a quarterly report, on a form provided by the Department, showing the number of eggs it has sold or delivered to those persons.

C. Payment of Inspection Fee. With each quarterly report, the packer or distributor shall include the inspection fee due for that quarter, calculated at a rate of 8 cents per 30 dozen cases shown on the report.

D. Quarterly Time Frames. The quarterly time frames on which a packer or distributor is to base its quarterly reports and the deadlines for submitting these reports and paying the appropriate inspection fee are as follows:

(1) First Quarter: January, February, and March-----report and inspection fee due not later than April 30;

(2) Second Quarter: April, May, and June-----report and inspection fee due not later than July 30;

(3) Third Quarter: July, August, and September-----report and inspection fee due not later than October 30;

(4) Fourth Quarter: October, November, and December-----report and inspection fee due not later than January 30.

E. Imposition of Collection Fee.

(1) If the required inspection fee for a particular quarter is not paid within the time frame established under §D of this regulation for that quarter, a collection fee shall be assessed against the packer or distributor.

(2) The amount of the collection fee shall be the greater of:

(a) 10 percent of the inspection fee due and unpaid; or

(b) $100.

(3) The amount of collection fee due is a debt and may be the basis of a judgment in a civil action against the packer or distributor.

F. Packers and Distributors to Retain Information.

(1) For a period of 1 year following delivery of eggs, the packer or distributor, at each place of business or at a central location, shall keep on file accurate records showing the number of eggs sold to any person in Maryland. The packer or distributor shall allow the Department to inspect this information.

(2) For any flock from which eggs are derived to be sold or distributed in Maryland, a packer, excluding a person operating only as a repacker, shall maintain for a period of 1 year following disposition of that flock the following records:

(a) All records necessary to establish that the flock meets the requirements of COMAR 15.11.11.05A;

(b) If the flock was delivered, the date of delivery, and the name and address of the person who sold the birds; and

(c) If the flock was tested, the date the test occurred, and the results of that test.