§ 21-401

Maryland § 21-401

• Jurisdiction: Maryland
• Article ghg: Health - General
• Title: 21

Text

§21–401. IN EFFECT

(a) In this subtitle the following words have the meanings indicated.

(b) “Bobtailer” means a person who operates or controls a Grade A milk route and distributes Grade A pasteurized milk products that the person buys from a Grade A distributor or a milk processor.

(c) “Bulk milk hauler/sampler” means any person who collects official samples and transports raw milk from a farm or raw milk products or both to or from a milk plant, receiving station, or transfer station and who possesses a permit from any state to sample the milk or raw milk products.

(d) “Certified industry dairy farm inspector” means an individual who is certified by the Secretary under § 21–414 of this subtitle.

(e) “Dairy farm” means a place where at least 1 cow, goat, or other hooved mammal is kept, and from which the milk is sold or offered for sale.

(f) “Departmental inspection area” means the area in which the Department routinely makes inspections under this subtitle.

(g) “Farmstead cheese” means cheese made on a dairy farm:

(1) Using only the raw milk produced by the herd or flock on the dairy farm; and

(2) That meets the definitions and standards of a hard cheese established in 21 C.F.R. 133.

(h) “Grade A distribution station” means any place or vehicle where, for redistribution and sale, Grade A pasteurized milk products routinely are received, stored, or transferred.

(i) “Grade A distributor” means a person who sells a Grade A pasteurized milk product.

(j) (1) “Grade A milk product” means:

(i) Grade A milk;

(ii) Grade A cream; or

(iii) Any other Grade A milk product that the Secretary designates.

(2) “Manufactured grade milk product” means:

(i) Manufactured grade milk;

(ii) Manufactured grade cream; or

(iii) Any other manufactured grade milk product that the Secretary designates.

(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” Pasteurized Milk Ordinance published by the federal government.

(l) (1) “Milk” means the milk of a cow, goat, or other hooved mammal.

(2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade A Pasteurized Milk Ordinance.

(3) “Manufactured milk” means the milk of a cow, goat, or other hooved mammal which is not Grade A milk and which is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements”.

(m) “Milk fat” means the natural fat of milk.

(n) “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements” means the Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements published by the U.S. Department of Agriculture.

(o) (1) “Milk plant” means any place where, for distribution, milk products are:

(i) Processed;

(ii) Pasteurized;

(iii) Bottled or packaged; or

(iv) Prepared.

(2) “Milk plant” does not include a place where milk products are sold at retail only.

(p) “Milk processor” means a person who owns, operates, or controls a milk plant.

(q) “Milk producer” means a person who operates a dairy farm.

(r) “Milk tank truck” means a truck and its equipment that are used to transport milk products.

(s) “Milk transportation company” means a person responsible for a milk tank truck.

(t) “Misbranded milk product” means a milk product:

(1) That is in a container that bears or is accompanied by any false or misleading written, printed, or graphic material; or

(2) That is not labeled in accordance with this subtitle.

(u) (1) “Pasteurized” means having undergone the process of uniformly heating each particle of milk product, holding it in the heated state, and cooling it, in approved and properly operated equipment and under the conditions of temperature and time that the Secretary by rule or regulation establishes, to make the milk product safe and free of pathogens.

(2) “Pasteurized” includes having undergone any other process that:

(i) Is recognized by the appropriate federal authority to be equally as effective as the process described in paragraph (1) of this subsection in making milk products safe and free of pathogens; and

(ii) Is approved by the Secretary.

(v) “Permit” means a permit issued by the Secretary under this subtitle that authorizes the holder of the permit to do any act that is within the scope of the permit.

(w) “Raw milk” means unpasteurized milk.

(x) “Receiving station” means any place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.

(y) “Transfer station” means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.

§21–401. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 530 OF 2019 **

(a) In this subtitle the following words have the meanings indicated.

(b) “Bobtailer” means a person who operates or controls a Grade A milk route and distributes Grade A pasteurized milk products that the person buys from a Grade A distributor or a milk processor.

(c) “Bulk milk hauler/sampler” means any person who collects official samples and transports raw milk from a farm or raw milk products or both to or from a milk plant, receiving station, or transfer station and who possesses a permit from any state to sample the milk or raw milk products.

(d) “Certified industry dairy farm inspector” means an individual who is certified by the Secretary under § 21–414 of this subtitle.

(e) “Dairy farm” means a place where at least 1 cow, goat, or other hooved mammal is kept, and from which the milk is sold or offered for sale.

(f) “Departmental inspection area” means the area in which the Department routinely makes inspections under this subtitle.

(g) “Farmstead cheese” means cheese made on a dairy farm:

(1) Using only the raw milk produced by the herd or flock on the dairy farm; and

(2) That meets the definitions and standards of a hard cheese established in 21 C.F.R. 133.

(h) “Grade A distribution station” means any place or vehicle where, for redistribution and sale, Grade A pasteurized milk products routinely are received, stored, or transferred.

(i) “Grade A distributor” means a person who sells a Grade A pasteurized milk product.

(j) (1) “Grade A milk product” means:

(i) Grade A milk;

(ii) Grade A cream; or

(iii) Any other Grade A milk product that the Secretary designates.

(2) “Manufactured grade milk product” means:

(i) Manufactured grade milk;

(ii) Manufactured grade cream; or

(iii) Any other manufactured grade milk product that the Secretary designates.

(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” Pasteurized Milk Ordinance published by the federal government.

(l) (1) “Milk” means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hooved mammals, including members of the order Cetartiodactyla, including:

(i) Family Bovidae, including cattle, water buffalo, sheep, goats, and yaks;

(ii) Family Cervidae, including deer, reindeer, and moose; and

(iii) Family Equidae, including horses and donkeys.

(2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade A Pasteurized Milk Ordinance.

(3) “Manufactured milk” means the milk of a cow, goat, or other hooved mammal which is not Grade A milk and which is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements”.

(m) “Milk fat” means the natural fat of milk.

(n) “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements” means the Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements published by the U.S. Department of Agriculture.

(o) (1) “Milk plant” means any place where, for distribution, milk products are:

(i) Processed;

(ii) Pasteurized;

(iii) Bottled or packaged; or

(iv) Prepared.

(2) “Milk plant” does not include a place where milk products are sold at retail only.

(p) “Milk processor” means a person who owns, operates, or controls a milk plant.

(q) “Milk producer” means a person who operates a dairy farm.

(r) “Milk tank truck” means a truck and its equipment that are used to transport milk products.

(s) “Milk transportation company” means a person responsible for a milk tank truck.

(t) “Misbranded milk product” means a milk product:

(1) That is in a container that bears or is accompanied by any false or misleading written, printed, or graphic material; or

(2) That is not labeled in accordance with this subtitle.

(u) (1) “Pasteurized” means having undergone the process of uniformly heating each particle of milk product, holding it in the heated state, and cooling it, in approved and properly operated equipment and under the conditions of temperature and time that the Secretary by rule or regulation establishes, to make the milk product safe and free of pathogens.

(2) “Pasteurized” includes having undergone any other process that:

(i) Is recognized by the appropriate federal authority to be equally as effective as the process described in paragraph (1) of this subsection in making milk products safe and free of pathogens; and

(ii) Is approved by the Secretary.

(v) “Permit” means a permit issued by the Secretary under this subtitle that authorizes the holder of the permit to do any act that is within the scope of the permit.

(w) “Raw milk” means unpasteurized milk.

(x) “Receiving station” means any place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.

(y) “Transfer station” means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.