Sec. 10.15.09.09. Inspection and Evaluation of Milk Production, Milk Processing, and Milk Transportation

A. Under the standards set forth in Section 5 of the Grade “A” Pasteurized Milk Ordinance, the Secretary shall inspect a:

(1) Milk plant;

(2) Milk producer;

(3) Milk tank truck;

(4) Milk tank truck cleaning facility;

(5) Receiving station;

(6) Seasonal milk producer; and

(7) Transfer station.

B. The Secretary shall inspect a distribution station at least once every 6 months.

C. The Secretary shall inspect a bobtailer at least once every 12 months.

D. The Secretary shall inspect a seasonal milk producer before the first shipment of milk and at least every 6 months until milk production for sale has ceased.

E. Under the standards set forth in Health-General Article, §21-809, Annotated Code of Maryland, and the Grade “A” Pasteurized Milk Ordinance Item 16p.(D)2, the Secretary shall perform equipment tests and examinations at least once every 3 months.

F. The Secretary shall inspect a milk plant without a pasteurizer at least once every 6 months.

G. Under the standards set forth in the Grade “A” Pasteurized Milk Ordinance, Section 5 and Appendix B, the Secretary shall evaluate the:

(1) Ability of the certified industry dairy farm inspector to perform dairy farm inspections and raw milk sampling;

(2) Pick-up and sampling procedures that a bulk milk hauler/sampler performs; and

(3) Sampling procedures of the industry plant sampler.

H. The Secretary shall inspect and evaluate the bulk milk hauler/sampler as set forth in the Grade “A” Pasteurized Milk Ordinance, Section 5 and Appendix B, Sections I through III.

I. The Secretary shall inspect each milk tank truck as set forth in the Grade “A” Pasteurized Milk Ordinance, Appendix B, Section IV.

J. Under the standards set forth in the Maryland Laboratory Evaluation Program Manual, Evaluation of Milk Laboratories, Standard Methods for the Examination of Dairy Products, and the forms required by the Department, the Secretary shall evaluate a:

(1) Laboratory performing manufactured grade milk product testing for official use;

(2) Laboratory performing tests for drug residue screening, or tests for both drug residue screening and confirmation; and

(3) Laboratory analyst performing required testing.

K. Reinspections.

(1) If an inspection discloses the existence of a violation of a requirement set forth in this chapter, the Secretary shall re-inspect within 30 days, but not before 3 days, to determine compliance with the requirements of Regulation .13 of this chapter.

(2) If the Secretary finds on the second inspection a violation of the same requirement in this chapter, the Secretary shall issue a notice of intent to suspend the permit.

(3) If the Secretary finds a violation of the same requirement as specified on the notice of intent to suspend the permit on an inspection following the date of compliance as specified in the notice of intent to suspend the permit, the Secretary shall suspend the permit in accordance with Regulation .21 of this chapter and Health-General Article, §§21-418 and 21-419, Annotated Code of Maryland, or initiate appropriate court action.

L. Inspection Reports.

(1) The Secretary shall:

(a) Give one copy of the inspection report to the permittee or other responsible individual; or

(b) Post the inspection report in a conspicuous place on an inside wall of the establishment immediately after the conclusion of the inspection.

(2) The permittee may not deface the inspection report and shall make the inspection report available to the Department upon request.

(3) The Secretary shall keep a copy of the inspection report on file for 3 years.

M. Access Required. Upon request of the Secretary, a milk producer, milk hauler, distributor, milk processor, receiving station operator, transfer station operator, or bobtailer shall permit the Secretary access to all parts of the milk establishment, facility, or transporting vehicle to determine compliance with the provisions of this chapter and Health-General Article, Title 21, Subtitles 2 and 4, Annotated Code of Maryland.

N. Information Required. Upon request, a milk producer, milk hauler, distributor, milk processor, receiving station operator, transfer station operator, or bobtailer shall furnish the Secretary:

(1) A statement of quantities of milk and milk product of each grade purchased and sold;

(2) A list of all sources of this milk and milk product; and

(3) Records of inspections, tests, and pasteurization times and temperatures.