§ 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.

HISTORY: 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.