Sec. 10.15.06.08. Improper Handling of Milk Products

A. Under Health-General Article, §21-428, Annotated Code of Maryland, and to the standards set forth in the Grade "A" Pasteurized Milk Ordinance, the Secretary shall impound Grade A milk or milk products intended for human consumption due to improper handling.

B. After impounding the Grade A milk or milk product, the Secretary may issue an order to:

(1) Dispose of the milk or milk product;

(2) Make the milk or milk product unusable for consumption; or

(3) Under Health-General Article, §21-428, Annotated Code of Maryland, impose a civil monetary penalty, as set forth in §C of this regulation.

C. The Secretary shall determine the amount of the civil monetary penalty by multiplying the current milk price, as announced by the Federal Milk Market Administrator, on the date of the impounding by the volume of the milk listed on the shipping documents.

D. A person subject to an impoundment order may seek legal recourse as set forth at Health-General Article, §21-428, Annotated Code of Maryland, by:

(1) Appealing a civil penalty; or

(2) Bringing an action for damages.