COMAR 10.15.09.06. Permitting Process

A. Except as otherwise provided in Health-General Article, §§21-410 and 21-411, Annotated Code of Maryland, a person shall obtain a permit from the Secretary before that person may:

(1) Bring, send, or receive a milk product into the State for sale;

(2) Offer a milk product for sale;

(3) Give away a milk product;

(4) Store a milk product;

(5) Transport a milk product; or

(6) Collect official milk samples.

B. Per Health-General Article, §§21-411, 21-412 and 21-417, Annotated Code of Maryland, an applicant for a permit shall:

(1) Submit a complete application to the Secretary for each place of operation on the form that the Secretary provides;

(2) Pay to the Secretary an annual fee established by the Secretary under Health-General Article, §2-104, Annotated Code of Maryland, and COMAR 10.01.17 ; and

(3) Be an employee of a milk transportation company, if applying for a Maryland Bulk Milk Hauler license, or be an owner of a milk transportation company, if applying for a Milk Transportation Company permit.

C. The Secretary shall issue a permit to an applicant who:

(1) Submits a complete application; and

(2) Meets the requirements of this chapter for each place of operation.

D. A permit issued by the Secretary:

(1) Is not transferable; and

(2) Is not valid if there is a change of owner, corporation, partnership, or physical location.

E. A bulk milk hauler/sampler who holds a permit in another state and picks up and samples raw milk at fewer than three Maryland farms shall obtain a Maryland milk hauler/sampler permit by providing:

(1) Documentation of a current bulk hauler/sampler permit from the licensing state, which clearly states the permit expiration date;

(2) Documentation of a current field evaluation from the licensing state; and

milk hauler/sampler who holds a permit in another state and picks up and samples raw milk at fewer than three Maryland farms shall obtain a Maryland milk hauler/sampler permit by providing:

(1) Documentation of a current bulk hauler/sampler permit from the licensing state, which clearly states the permit expiration date;

(2) Documentation of a current field evaluation from the licensing state; and

(3) A statement concerning the number of Maryland dairy farms from which the bulk milk hauler/sampler will pick up.

F. A bulk milk hauler/sampler who holds a permit from another state may pick up and sample raw milk from no more than three Maryland farms without a Maryland field evaluation or written exam.

G. If a bulk milk hauler/sampler who holds a permit from another state routinely picks up and samples raw milk at three or more Maryland farms, a Maryland field evaluation shall be conducted.