Sec. 10.15.09.12. Improper Handling of Milk Products

A. Under Health-General Article, §21-428, Annotated Code of Maryland, the Secretary shall impound improperly handled milk or milk products that are intended for human consumption.

B. After impounding the milk or milk product, the Secretary may issue an order requiring one or more of the following actions:

(1) Disposing of the milk or milk product;

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

(3) Under Health-General Article, §21-428, Annotated Code of Maryland, imposing 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 in Health-General Article, §21-428, Annotated Code of Maryland, by:

(1) Appealing a civil penalty; or

(2) Bringing an action for damages.