Permit required; exceptions; classifications of permits

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    (a)    Except as otherwise provided in this section, a person shall obtain a permit with a Grade A or a manufactured grade classification from the Secretary before that person may:

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

        (2)    Offer a milk product for sale;

        (3)    Give a milk product away;

        (4)    Store a milk product; or

        (5)    Transport a milk product.

    (b)    A permit is required to:

        (1)    Be a bobtailer;

        (2)    Be a bulk milk hauler/sampler;

        (3)    Be a certified industry dairy farm inspector;

        (4)    Be a milk processor;

        (5)    Be a milk processor – farmstead cheese producer;

        (6)    Be a milk producer;

        (7)    Operate a distribution station;

        (8)    Operate a milk transportation company;

        (9)    Operate a receiving station; or

        (10)    Operate a transfer station.

    (c)    A permit is not required for:

        (1)    A milk producer who is outside the departmental inspection area if the raw milk from that milk producer is processed by a milk processor who holds a permit issued under this subtitle;

        (2)    A bulk milk hauler/sampler who receives raw milk from outside the departmental inspection area;

        (3)    A grocery store, restaurant, soda fountain, or similar establishment where milk products are served or sold at retail if:

            (i)    The establishment complies with all applicable provisions of this subtitle and all applicable rules or regulations adopted under this subtitle; and

            (ii)    The milk product is received from a permit holder; or

        (4)    A bulk milk hauler/sampler who is transporting a sealed tanker and not producers’ samples.

    (d)    The Secretary shall designate all permits with one of the following classifications, as required by rules and regulations:

        (1)    Grade A milk; or

        (2)    Manufactured milk.


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