Section 21-410 - Permit required; exceptions; classifications of permits.
§ 21-410. Permit required; exceptions; classifications of permits.
(a) In general.- 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) Occupations requiring permit.- 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) Exceptions.- 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) Classifications of permits.- 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.
[An. Code 1957, art. 43, § 572; 1982, ch. 240, § 2; 1983, ch. 94; ch. 583, § 2; 1985, ch. 10, § 3; 1987, ch. 306, § 2; 1989, ch. 461; 2001, ch. 477; 2007, ch. 437; 2009, chs. 609, 610.]