COMAR 10.15.06.10. Dating of Grade “A” Fluid Milk

A. Unless approved by the Department as described in §B of this regulation , a person may not sell, deliver, or offer Grade “A” milk or milk products that are cooled to, packaged, and stored at 45°F or less for sale after 18 days from the date of processing.

B. In order to sell, deliver, or offer Grade “A” milk or milk products that are cooled to, packaged, and stored at 45°F or less for sale after 18 days from the date of processing, an applicant shall:

(1) Submit to the Department:

(a) A written request; and

(b) A shelf life study to show that the product meets standards set forth in this chapter; and

(2) Be approved by the Department.

C. A permittee shall conspicuously and legibly mark the cap or non-glass container of Grade “A” fluid milk with the words “Sell by”, followed by the designation of the month and the day of the month after which the product may not be sold, delivered, or offered for sale.

D. Milk products exempt from dating requirements are:

(1) Cultured milk products and eggnog;

(2) Milk and dairy products as defined by 21 CFR §§130—131, which have been subjected to aseptic processing and packaging; and

(3) Milk and dairy products as defined in 21 CFR §131.3(c), which have been subjected to ultra-pasteurization.