reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-418 - Suspension and Revocation of Permits

(a)    Subject to the hearing provisions of § 21-419 of this subtitle, the Secretary shall suspend a permit issued under this subtitle if:
(1)    The holder of the permit has obtained the permit fraudulently or deceptively;
(2)    The holder of the permit has violated this subtitle or a rule or regulation adopted under this subtitle;
(3)    A violation of this subtitle or a rule or regulation adopted under this subtitle exists at the place for which the permit has been issued under this subtitle;
(4)    A health hazard exists at the place for which the permit has been issued or exists as to the individual who holds the permit; or
(5)    The holder of the permit has interfered with the Secretary in the performance of the Secretary’s duties.
(b)    (1)    Except as otherwise provided in this section, before suspending a permit, the Secretary shall give to the holder of the permit notice of intent to suspend.
(2)    The notice shall:
(i)    Specify with particularity the condition or violation that the Secretary believes to justify the suspension; and
(ii)    State that the holder has an opportunity to correct the condition or violation before a time that is:
1.    At least 48 hours after the holder receives the notice of intent to suspend; and
2.    Agreed on by the parties or set by the Secretary.
(c)    The Secretary is not required to give notice of intent to suspend a permit if:
(1)    The violation creates an imminent hazard to public health; or
(2)    The holder of the permit has willfully refused to permit an authorized inspection.
(d)    If a permit has been suspended more than once, the Secretary may revoke the permit.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-419 - Hearings

(a)    Except as otherwise provided in this subtitle and in the Administrative Procedure Act, before the Secretary denies an application for a permit or takes any action under § 21–418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    (1)    Within 48 hours after the person receives notice of the Secretary’s action, a person whose permit has been suspended or who has received a notice that the Secretary intends to suspend the permit may request a hearing.
(2)    Within 72 hours after receiving the request for a hearing, the Secretary shall hold the hearing.
(d)    If after due notice the person for whom the hearing is held fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
(e)    A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may take a direct judicial appeal.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-422 - Standards for Milk

(a)    The raw milk that a milk producer sells shall be raw milk that:
(1)    Is obtained by the complete milking of a healthy cow or goat;
(2)    Is unadulterated, whole, and unadjusted; and
(3)    Is practically free of colostrum.
(b)    The pasteurized milk products that a distributor, bobtailer, or milk processor sells shall:
(1)    Be pasteurized; and
(2)    Meet all definitions and standards of identity established by federal law and regulation.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-424 - Labeling of Milk Products Generally. [Effective Until Contingency Met]

(a)    After the milk product has been processed, each milk product shall be labeled with:
(1)    The description of that milk product under this subtitle or the rules and regulations adopted under this subtitle; and
(2)    Any other information that the Secretary requires by rule or regulation.
(b)    (1)    This subsection does not apply to human breast milk.
(2)    A person may not state on a label of a food product that the product is milk unless the product meets the definition of “milk” established in § 21–401 of this subtitle.
(c)    The Department shall establish and implement a plan to enforce the prohibition in subsection (b) of this section, including notice of the Department’s intent to implement a ban on all products that do not meet the requirements of subsection (b) of this section, including plant–based products mislabeled as milk.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-425 - Standards for and Labeling of Condensed Milk, Condensed Skimmed Milk, and Dry Milk Solids

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Condensed milk” includes sweetened condensed milk and evaporated milk.
(3)    “Condensed skimmed milk” includes sweetened condensed skimmed milk and evaporated skimmed milk.
(4)    “Dry milk solids” includes dry buttermilk, dry cream, dry whole milk, and nonfat dry milk solids.
(b)    (1)    Condensed milk:
(i)    Shall be manufactured from pure and wholesome milk;
(ii)    Shall contain at least 25.5 percent milk solids and at least 7.5 percent milk fat;
(iii)    Shall contain, within the limits of good manufacturing practice, at least 25 international units of vitamin D per fluid ounce; and
(iv)    May contain any optional ingredient that is authorized under federal law.
(2)    Condensed skimmed milk:
(i)    Shall be manufactured from pure and wholesome skimmed milk;
(ii)    Shall contain at least 20 percent milk solids and not more than 0.5 percent fat;
(iii)    Shall contain, within the limits of good manufacturing practice, at least 25 international units of vitamin D per fluid ounce; and
(iv)    May contain any optional ingredient that is authorized under federal law.
(3)    Dry milk solids:
(i)    Shall be manufactured from pure and wholesome milk, skimmed milk, buttermilk, or cream; and
(ii)    May not contain any substance foreign to milk.
(c)    (1)    Each package or container in which condensed milk, condensed skimmed milk, or dry milk solids are sold or delivered shall be labeled clearly and accurately to show the exact type of product in the package.
(2)    The label shall be in letters not smaller or less distinct than any other letters on the package or container except letters used for the brand or trade name.
(d)    A person may not manufacture, sell, exchange, deliver, advertise, label, or expose for sale, under a distinctive name or otherwise, any milk product for which a standard is set under this section unless the milk product conforms to that standard.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-426 - Grade a Milk Product Dating

(a)    In this section, “sell-by period” means the length of time a Grade A milk product may be kept for sale.
(b)    (1)    After a public hearing, the Secretary shall adopt rules and regulations that establish a method for conspicuously marking, on the Grade A milk product container, the last date on which the product may be sold.
(2)    Each Grade A milk product container shall be marked as required by rules and regulations adopted under this subtitle.
(c)    The Secretary shall adopt regulations that establish the sell-by period for a Grade A milk product that is cooled to, packaged, and stored at 45 degrees Fahrenheit or less before it is purchased by or delivered to the ultimate consumer.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-427 - Handling of Milk Products

(a)    Unless the transfer occurs on a dairy farm or in a receiving station, transfer station, or milk plant, a person may not transfer a milk product from a container or milk tank truck to another.
(b)    (1)    This subsection does not apply to milk for a mixed drink that requires less than 8 ounces of milk.
(2)    Except as otherwise provided in this subsection, a person may not sell or serve any fluid milk product unless it:
(i)    Is in the individual, original container that was sealed in the milk plant in which the milk product was pasteurized; or
(ii)    Is served or sold from a bulk milk dispenser approved by the Secretary.
(3)    A person may serve cream, whipped cream, or half and half from other than the original container or an approved bulk milk dispenser, if the cream, whipped cream, or half and half:
(i)    Is served for consumption at the place of sale; or
(ii)    Is served from an original container of not more than one-half gallon capacity or from a bulk dispenser.
(c)    (1)    In this subsection, “consumer container” means a container that:
(i)    Contains a milk product; and
(ii)    Is intended for delivery to the ultimate consumer of the milk product.
(2)    A person may not store a consumer container in water.
(3)    A person may not store a consumer container in ice unless the person drains the water from the melting ice properly.
(d)    Except as approved by the Secretary, a person may not use or permit the use of any apparatus, equipment, utensil, or container that is intended for use in the processing and packaging of a milk product for any other purpose.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-428 - Impoundment of Mishandled Milk Products; Order to Stop Sale

(a)    (1)    The Secretary shall impound a milk product that the Secretary determines is a threat to public health.
(2)    For purposes of this subsection, a threat to public health exists if a milk product intended for consumption:
(i)    Is handled improperly;
(ii)    Is not kept at the required temperature;
(iii)    Is injurious to health if consumed; or
(iv)    Is otherwise unsafe.
(b)    If the Secretary impounds a milk product under subsection (a) of this section, the Secretary may issue an order to dispose of the milk product, make the milk product unusable for consumption, or impose a civil monetary penalty in accordance with the health laws and regulations of the State.
(c)    (1)    The owner of the milk product that is disposed of or otherwise made unusable under subsection (b) of this section may bring an action for damages against the Secretary.
(2)    The Secretary shall have the immunity from liability described in § 5-633 of the Courts Article in any action brought under this subsection.
(d)    (1)    An order of the Secretary that imposes a civil monetary penalty under subsection (b) of this section shall state the basis on which the order is made, the amount of the penalty, and the manner in which the amount of the penalty is calculated as specified by regulations adopted by the Secretary in accordance with paragraph (2) of this subsection.
(2)    The regulations adopted under paragraph (1) of this subsection shall provide for how the civil money penalty will be adjusted according to the volume of milk found to be unusable for consumption.
(3)    A person subject to a civil monetary penalty imposed under subsection (b) of this section may appeal the order that imposes the penalty in accordance with Title 10, Subtitle 2 of the State Government Article.
(e)    Subsections (a), (b), (c), and (d) of this section do not apply to a retail establishment.
(f)    If a retail establishment repeatedly fails to handle and maintain milk products properly, the Secretary, after due notice, may order that retail establishment to stop selling milk products until the establishment shows that it can and will handle and keep its milk products properly.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-429 - Sale of Grade a Milk Products From Outside Departmental Inspection Area

(a)    If a Grade A milk product is from a place outside the departmental inspection area, a person may sell the Grade A milk product in this State if:
(1)    The person holds a permit issued under this subtitle; and
(2)    The Grade A milk product:
(i)    To the extent produced, processed, or pasteurized outside the departmental inspection area, is produced, processed, and pasteurized under requirements that are substantially equivalent to the requirements of this subtitle and of rules and regulations adopted under this subtitle; and
(ii)    Is from an establishment that has a current individual United States Public Health Service rating of at least 90 from a State milk sanitation rating officer who is certified by the appropriate federal authority and listed in the interstate milk shippers report published by the appropriate federal authority.
(b)    (1)    The Secretary may inspect the property, buildings, or equipment of any permit holder whose Grade A milk product has been produced, processed, or pasteurized outside the departmental inspection area.
(2)    The person inspected shall pay the cost of the inspection.
(3)    The Department shall bill and collect the cost of the inspection.
(c)    A person may not sell in this State any Grade A milk product produced by a dairy farm, milk plant, or frozen dessert manufacturer that is in a jurisdiction that does not authorize milk products or frozen desserts to be imported from this State.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part III - Standards and Handling Requirements for Milk Products › Section 21-430 - Milk Emergency; Sale of Milk Products Not Certified Grade A

(a)    In this section, “milk emergency”:
(1)    Means a general and acute shortage of milk from Grade A dairy farms; and
(2)    Does not include a simple shortage of milk from Grade A dairy farms that affects only a small number of distributors.
(b)    (1)    In a milk emergency, the Secretary may authorize the sale of a pasteurized milk product that has not been certified as Grade A pasteurized milk.
(2)    A person who sells a milk product under this subsection shall label the milk product as the Secretary requires.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part IV - Prohibited Acts › Section 21-434 - Sale of Raw Milk or Farmstead Cheese

Except for sale of raw milk by a holder of a milk producer permit to a holder of a milk processor permit or the sale of a farmstead cheese, a person may not sell raw milk for human consumption.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part IV - Prohibited Acts › Section 21-435 - Handling Milk by Individuals With Disease, Cuts, or Lesions Prohibited

(a)    (1)    An individual who has a communicable disease or is a carrier of a communicable disease may not work, in any capacity that brings that individual into contact with the production, handling, storage, or transportation of milk products, containers, equipment, or utensils, at:
(i)    A dairy farm;
(ii)    A milk plant;
(iii)    A receiving station; or
(iv)    A transfer station.
(2)    A person who operates a dairy farm, transfer station, receiving station, or milk plant may not employ any individual:
(i)    Who, if employed, would violate paragraph (1) of this subsection; or
(ii)    Whom the employer reasonably believes would violate paragraph (1) of this subsection if employed.
(b)    Each holder of a permit for a receiving station, transfer station, or as a distributor, milk processor, or milk producer shall notify the Secretary immediately if:
(1)    A communicable disease affects any individual on that person’s dairy farm, distribution station, receiving station, transfer station, or milk plant; or
(2)    That person suspects that any employee of that person has contracted a communicable disease or has become a carrier of a communicable disease.
(c)    An individual who has an infected cut or lesion on a hand or arm may not handle any milk product, milk container, or milk equipment.
(d)    (1)    The Secretary may make or require a reasonable medical and biological examination of an individual who is suspected of having any communicable disease.
(2)    An examination under this subsection may include examination of the bodily discharges of the individual.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part IV - Prohibited Acts › Section 21-436 - Milk Cans

(a)    In this section, “labeled milk can” means any milk can, cream can, or case that:
(1)    Belongs to an owner, dealer, or shipper of milk or cream who ships the milk or cream to any place in this State; and
(2)    Has the name or initials of the owner, dealer, or shipper stamped, marked, or fastened on it.
(b)    A person may not:
(1)    Use, sell, dispose of, buy, or traffic in labeled milk cans, without the consent of the owner, dealer, or shipper;
(2)    Willfully change the name or initials of the owner, dealer, or shipper stamped, marked, or fastened on the labeled milk can without the consent of the owner, dealer, or shipper; or
(3)    Place in any labeled milk can any substance other than milk or cream, without the consent of the owner, dealer, or shipper.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part I - Definitions; General Provisions › Section 21-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Frozen dessert” means:
(1)    Ice cream and frozen custard;
(2)    Ice milk;
(3)    Mellorine;
(4)    Sherbet;
(5)    Water ice;
(6)    Goat milk ice cream and goat milk frozen custard;
(7)    Goat milk ice milk;
(8)    Quiescently frozen confection;
(9)    Quiescently frozen dairy confection; or
(10)    (i)    Any frozen food product that is similar in appearance, odor, or taste to any of the products listed in this subsection;
(ii)    Any frozen food product that is prepared or frozen in the same way as any of the products listed in this subsection; or
(iii)    The mix that is used in any of the products listed in this subsection.
(c)    “License” means a license issued by the Secretary to manufacture in this State a frozen dessert or a mix for a frozen dessert.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part I - Definitions; General Provisions › Section 21-802 - Construction of Subtitle

(a)    If there is an outside container or wrapper for a frozen dessert or a mix for a frozen dessert, then, in order to comply with any requirement under this subtitle that a word, statement, or any other information appear on the label of the frozen dessert or mix, the word, statement, or other information also shall:
(1)    Be placed on the outside container or wrapper; or
(2)    Be legible through the outside container or wrapper.
(b)    For purposes of the construction and enforcement of this subtitle, an act or omission of any officer, agent, employee, or any other person employed by any corporation, company, or association, shall be considered to be the act or omission of the corporation, company, society, or association, as well as of the person.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part I - Definitions; General Provisions › Section 21-803 - Copies of Statutes; Collecting and Disseminating Information

(a)    The Secretary shall provide a copy of this subtitle:
(1)    To the extent possible, to every person who in this State manufactures or sells, at wholesale or retail, any frozen dessert or mix for a frozen dessert; and
(2)    To any person who requests it.
(b)    The Secretary may:
(1)    Publish summaries of judgments, decrees, or court orders issued under this subtitle; and
(2)    Otherwise collect, report, or illustrate the results of any investigation conducted under this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part I - Definitions; General Provisions › Section 21-804 - Rules and Regulations

(a)    To prevent deception in the sale of frozen desserts and to safeguard the health and welfare of consumers, the Secretary shall adopt rules and regulations that:
(1)    Provide definitions and set standards of identity for frozen desserts and the mixes used in the manufacture of frozen desserts;
(2)    Set packaging, labeling, and sanitary requirements for frozen desserts; and
(3)    Govern any other condition that relates to the manufacture, processing, distribution, or sale of frozen desserts, whether manufactured or processed in a regular manufacturing plant, in a counter freezer, or otherwise.
(b)    So far as practicable, the Secretary may conform any rule or regulation adopted under this subtitle to the rules and regulations adopted under the federal act.
(c)    (1)    The Secretary may not adopt a rule or regulation under this section unless the requirements of this subsection and the Administrative Procedure Act are met.
(2)    A public hearing shall be held on any rule or regulation that the Secretary considers under this section. Based on the record of the hearing, the Secretary shall issue a proposed decision on the rule or regulation.
(3)    The Secretary shall provide any interested party an opportunity to file exceptions to the proposed decision based on the hearing record.
(4)    When issuing a final decision regarding a rule or regulation, the Secretary also shall:
(i)    Rule on any exception to the Secretary’s proposed decision; and
(ii)    State the reasons for the ruling.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-807 - License Required

(a)    A person shall be licensed by the Secretary before the person may manufacture a frozen dessert or a frozen dessert mix for sale in this State.
(b)    A separate license is required for each manufacturing plant that a person operates.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-808 - Application for Licenses; Fees

(a)    An applicant for a license shall:
(1)    Submit an application to the Secretary on the form that the Secretary requires; and
(2)    Pay to the Secretary an application fee established by the Secretary under § 2-104 of this article.
(b)    The application fee under this section shall be based on:
(1)    If the applicant has a manufacturing facility located in this State, the annual production of any frozen dessert or frozen dessert mix in this State; and
(2)    If the applicant has a manufacturing facility not located in this State, the annual sales of any frozen dessert or frozen dessert mix in this State.
(c)    For each license for which a person applies, the person shall submit a separate application and pay a separate application fee.
(d)    The application:
(1)    Shall be on the form that the Secretary requires; and
(2)    Shall include:
(i)    The location of the manufacturing plant at which the frozen dessert or frozen dessert mix is manufactured; and
(ii)    Any brand name under which the frozen dessert or frozen dessert mix is to be sold.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-809 - Inspections; Qualifications for Plants Outside State

(a)    If an application is submitted for a license for a manufacturing plant that is in this State, before issuing the license, the Secretary shall inspect the property, buildings, and equipment of the plant to determine whether the plant meets the requirements for a license.
(b)    (1)    To determine whether the plant meets the requirements for a license, the Secretary may inspect a manufacturing plant that is outside of this State.
(2)    If the Secretary does not inspect a plant outside of this State, the Secretary may not issue a license for the plant unless the applicant satisfies the Secretary that:
(i)    The plant and the frozen desserts or frozen dessert mixes produced in the plant conform to the laws of the jurisdiction in which the plant is located; and
(ii)    Those laws, rules, and regulations are at least as stringent as those that apply under this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-812 - Term, Renewal, and Nontransferability of Licenses

(a)    A license expires on the first anniversary of its effective date, unless the license is renewed for a 1-year term as provided in this section.
(b)    At least 1 month before the license expires, the Secretary shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Secretary for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the licensee:
(1)    Otherwise is entitled to a license;
(2)    Pays to the Secretary a renewal fee established by the Secretary under § 2-104 of this article; and
(3)    Submits to the Secretary:
(i)    A renewal application on the form that the Secretary requires; and
(ii)    Satisfactory evidence of compliance with the requirements of this section for renewal.
(d)    The renewal fee under this section shall be based on:
(1)    If the licensee has a manufacturing facility located in this State, the annual production of any frozen dessert or frozen dessert mix in this State; and
(2)    If the licensee has a manufacturing facility not located in this State, the annual sales of any frozen dessert or frozen dessert mix in this State.
(e)    The Secretary shall renew the license of each licensee who meets the requirements of this section.
(f)    A license is not transferable.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-813 - Notice of Violations; Suspensions and Revocations

(a)    If the Secretary finds that a licensee has violated any of the provisions of this subtitle or that a violation has occurred on any premises for which a license has been issued, the Secretary immediately shall give written notice to the licensee. The notice shall set forth the nature of the violation and direct that it be stopped.
(b)    If a licensee fails to comply with a notice given under this section, the Secretary may suspend or revoke the license of the licensee.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-814 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Secretary suspends or revokes a license under § 21-813 of this subtitle or denies a license to any applicant, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part II - Licensing › Section 21-815 - Judicial Review

(a)    Any applicant who has been denied a license and any licensee aggrieved by the suspension or revocation of a license under § 21-813 of this subtitle may take a judicial appeal.
(b)    The appeal shall be made in accordance with the provisions for judicial review of final decisions in contested cases in the Administrative Procedure Act.
(c)    Either party may appeal the decision of the circuit court to the Court of Special Appeals.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part III - Prohibited Acts › Section 21-819 - Manufacturing on Invalid License; Injunction Against Repeated Offenses

(a)    A person may not manufacture for sale in this State a frozen dessert or a frozen dessert mix:
(1)    While the license for the plant in which the frozen dessert or mix is manufactured is suspended; or
(2)    After the license:
(i)    Has expired; or
(ii)    Has been revoked.
(b)    The Secretary may sue to enjoin a person from repeating a violation of this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part III - Prohibited Acts › Section 21-820 - Sale of Products From Unlicensed Plant

(a)    A person may not sell any frozen dessert or frozen dessert mix that was manufactured at a plant for which a license was not then held.
(b)    The Secretary may sue to enjoin a person from repeating a violation of this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 8 - Frozen Desserts › Part III - Prohibited Acts › Section 21-821 - Sale of Product for Which Frozen Dessert Standard Not Set

(a)    Any frozen dessert manufacturer licensed by the State of Maryland and desiring to sell a product for which a frozen dessert standard has not been set shall file with the Secretary a written request for authorization.
(b)    Any authorization granted under this section shall not exceed a period of 1 year.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 11 - Miscellaneous Drug and Cosmetic Provisions › Part III - General Limitations on Sale or Distribution of Drugs and Cosmetics › Section 21-1110 - Auction Sale of Drugs, Medicine, or Cosmetics

(a)    This section does not apply to cosmetics, infant formula, or baby food if:
(1)    The cosmetics, infant formula, or baby food are being sold in a single lot at a charity auction; and
(2)    The total value of the cosmetics, infant formula, or baby food in the lot is $100 or less.
(b)    A person may not sell any drug, medicine, cosmetic, pharmaceutical preparation, medicinal preparation, or infant formula or baby food that is subject to dating requirements by the United States Food and Drug Administration at any auction sale unless the person notifies the Secretary in writing of the proposed auction at least 7 days before the date of the auction.
(c)    (1)    The Secretary may:
(i)    Inspect any drugs, medicines, cosmetics, pharmaceutical preparations, medicinal preparations, infant formula, or baby food that a person proposes to sell by auction sale; and
(ii)    Issue an order that prohibits the sale of any of these if, in the opinion of the Secretary, they are unfit for human use or consumption.
(2)    A person may not hold an auction sale of any drug, medicine, cosmetic, pharmaceutical preparation, medicinal preparation, infant formula, or baby food in violation of an order issued under this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 11 - Miscellaneous Drug and Cosmetic Provisions › Part III - General Limitations on Sale or Distribution of Drugs and Cosmetics › Section 21-1111 - Medicine or Patent Medicine Shows

(a)    This section does not apply to any:
(1)    Surgical or dental instrument;
(2)    Physical therapy equipment;
(3)    X–ray apparatus; or
(4)    Component part or accessory of any of these items.
(b)    A person may not:
(1)    Sell, distribute, or otherwise dispose of any drug, medicine, pharmaceutical preparation, or medicinal preparation by means of any public exhibition, entertainment, performance, or carnival, commonly known as a “medicine show” or “patent medicine show”; or
(2)    Put or cause to be put, in any way, any package, parcel, or sample of any drug or medicine:
(i)    In or on any part of any house, building, or yard without the consent of the owner or occupant; or
(ii)    On any street or public highway.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 11 - Miscellaneous Drug and Cosmetic Provisions › Part III - General Limitations on Sale or Distribution of Drugs and Cosmetics › Section 21-1113 - Defenses in Actions Related to Health-Related Products

In any action brought by the Attorney General under § 11–209 of the Commercial Law Article, a person that sells, distributes, or otherwise disposes of any drug, medicine, cosmetic, food, food additive, or commercial feed, as defined in § 6–101 of the Agriculture Article, or medical device:
(1)    May not assert as a defense that the person did not deal directly with the person on whose behalf the action is brought; and
(2)    May prove, as a partial or complete defense against a damage claim, in order to avoid duplicative liability, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or seller in the chain of manufacture, production, or distribution who paid the alleged overcharge.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1202 - Violation of 21-436 of This Title

(a)    A person who violates any provision of § 21-436 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
(b)    Half of any fine collected under this section shall be paid to the school board of the county where the violation occurred.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1203 - Violation of Subtitle 4, Except 21-425 and 21-436 of This Title

A person who violates any provision of Subtitle 4, except §§ 21-425 and 21-436 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1204 - Violation of 21-820 or 21-1111 of This Title

(a)    A person who violates any provision of § 21–820 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(b)    For purposes of this section, each day that a violation continues constitutes a separate offense.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1205 - Violation of 21-819 of This Title

(a)    A person who violates § 21-819 of this title is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first offense, a fine not exceeding $300; or
(2)    For a subsequent offense, a fine not exceeding $500.
(b)    For purposes of this section, each day that a violation continues constitutes a separate offense.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1206 - Violation of 21-818 and 21-1110 of This Title

A person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500:
(1)    § 21-818 of this title; and
(2)    § 21-1110 of this title.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1210 - Violation of 21-425 of This Title

A person who violates any provision of § 21-425 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1212 - Violation of 21-1112 of This Title

A person who violates any provision of § 21–1111 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1214 - Violation of Subtitle 3 of This Title

(a)    (1)    Except as provided in paragraph (2) of this subsection, any person who violates any provision of Subtitle 3 of this title or any rule or regulation adopted under Subtitle 3 of this title is guilty of a misdemeanor and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both; and
(ii)    For a second offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year, or both.
(2)    A person who violates § 21–330.1 of this title is not subject to paragraph (1) of this subsection.
(b)    In addition to any criminal penalties imposed under this section, a person who violates any provision of Subtitle 3 of this title or any rule or regulation adopted under Subtitle 3 of this title or any term, condition, or limitation of any license or registration issued under Subtitle 3 of this title:
(1)    Is liable for a civil penalty not exceeding $5,000, to be collected in a civil action in the District Court for any county; and
(2)    May be enjoined from continuing the violation.
(c)    Each day on which a violation occurs is a separate violation under this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 12 - Penalties › Section 21-1215 - Violation of Subtitle 2 of This Title

(a)    This section does not apply to a violation of § 21–220(b)(4) or § 21–259.2 of this title.
(b)    A person who violates any provision of Subtitle 2 of this title or any regulation adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject to:
(1)    A fine not exceeding $10,000 or imprisonment not exceeding 1 year or both; or
(2)    If the person has been convicted once of violating Subtitle 2 of this title, a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both.
(c)    In addition to any criminal penalties imposed under this section, a person who violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle 2 of this title, or any term, condition, or limitation of any license or registration issued under Subtitle 2 of this title:
(1)    Is subject to a civil penalty not exceeding $5,000, in an action in any District Court; and
(2)    May be enjoined from continuing the violation.
(d)    Each day on which a violation occurs is a separate violation under this section.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 2 - Miscellaneous Poisons › Section 22-201 - Bichloride of Mercury

(a)    A person may not sell or otherwise provide bichloride of mercury in a tablet that contains more than one-tenth of a grain of bichloride of mercury unless the tablet:
(1)    Has the word “Poison” impressed or embossed on it;
(2)    Is triangular, diamond, square, oblong, or irregular in shape;
(3)    Is blue, green, or purple in color; and
(4)    Is contained in a bottle that has the word “Poison” blown in one side of the bottle and a label on the opposite side that bears the word “Poison” in conspicuous letters.
(b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment in jail not exceeding 3 months, or both.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 2 - Miscellaneous Poisons › Section 22-202 - Caustic or Corrosive Substances

(a)    (1)    In this section, “caustic or corrosive substance” means:
(i)    Hypochlorous acid, either free or combined, and any compound or mixture that contains hypochlorous acid in a concentration so as to yield 10 percent or more by weight of available chlorine;
(ii)    Potassium hydroxide and any compound or mixture that contains, in a concentration of 10 percent or more, free or chemically unneutralized potassium hydroxide, including caustic potash and vienna paste;
(iii)    Sodium hydroxide and any compound or mixture that contains, in a concentration of 10 percent or more, free or chemically unneutralized sodium hydroxide, including caustic soda and lye; or
(iv)    Ammonia water and any compound or mixture that yields, in a concentration of 5 percent or more, free or chemically uncombined ammonia, including ammonium hydroxide and hartshorn.
(2)    In this section, “caustic or corrosive substance” does not include:
(i)    Calx chlorinata;
(ii)    Bleaching powder; or
(iii)    Chloride of lime.
(b)    A person may not sell, exchange, receive, hold, pack, or display or offer for sale or exchange any caustic or corrosive substance for household use unless the container of the caustic or corrosive substance meets the labeling requirements of subsection (c) of this section.
(c)    In addition to any other requirement of law, the container of any caustic or corrosive substance shall bear a plainly written, conspicuous label that includes:
(1)    The common name of the caustic or corrosive substance;
(2)    The name and business address of the manufacturer, packer, seller, or distributor;
(3)    Directions for treatment in case of accidental personal injury from the caustic or corrosive substance, except on shipping containers used for shipment by manufacturers or wholesalers for other than household use; and
(4)    The word “Poison”:
(i)    Parallel with the main body of print on the label;
(ii)    On a plain, clear background of a distinctly contrasting color; and
(iii)    Printed in uncondensed gothic capital letters of a size that is:
1.    Not less than 24 point; or
2.    If there is no other print that is 24 point or larger, not smaller than the largest type on the label.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 3 - Child Resistant Packaging of Dangerous Household Substances › Section 22-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child resistant packaging” means packaging that is designed so that the average child under the age of 5 years finds it significantly difficult to open the package or to obtain a harmful amount of the contents of the package within a reasonable time, and so that it is not difficult for a normal adult to open or use.
(c)    “Household substance” means any substance that is customarily used or stored by individuals in or about the household and that is:
(1)    A hazardous substance as defined in the Federal Hazardous Substances Act;
(2)    A pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act;
(3)    A food, drug, or cosmetic as defined in the Federal Food, Drug, and Cosmetic Act; or
(4)    A fuel that is:
(i)    Intended for use in the heating, cooking, or refrigeration system of a house; and
(ii)    Stored in a portable container.
(d)    “Labeling” means any label or other written or graphic matter that is on or accompanies a household substance or its package.
(e)    (1)    “Package” means the immediate container or wrapping of a household substance or the outer container or wrapping used in displaying a household substance to retail consumers.
(2)    “Package” does not include any container or wrapping that is used only for:
(i)    Transportation of a household substance in bulk or quantity to a manufacturer, packer, processor, or wholesale or retail distributor; or
(ii)    Shipment or delivery of a household substance to a retail consumer, unless the container or wrapping is the only package or wrapping of the household substance.
(f)    “State adopted federal regulation” means any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act that becomes a rule or regulation of this State by automatic adoption under § 22-303 of this subtitle.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 3 - Child Resistant Packaging of Dangerous Household Substances › Section 22-302 - Compliance With Federal Regulations

Compliance with the federal standards set by rule or regulation under the federal Poison Prevention Packaging Act is sufficient compliance with this subtitle.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 3 - Child Resistant Packaging of Dangerous Household Substances › Section 22-303 - Rules and Regulations -- in General

(a)    (1)    Any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act automatically is adopted as a rule or regulation of this State.
(2)    The Secretary may adopt rules and regulations to set standards for labeling and child resistant packaging of any household substance, if the Secretary finds that:
(i)    The potential hazard to children from access to the household substance requires child resistant packaging to protect children from serious personal injury or serious illness as the result of handling, using, or ingesting the household substance; and
(ii)    Child resistant packaging of the household substance is technically feasible, practicable, and appropriate.
(b)    So far as practicable, the Secretary may conform any rule or regulation adopted under this section to the rules and regulations adopted under the federal Poison Prevention Packaging Act.
(c)    If, under rules and regulations adopted under this subtitle, a dangerous household substance is required to meet child resistant packaging standards, the Secretary, by rule or regulation, also may prohibit its being packaged in a manner that the Secretary finds is unnecessarily attractive to children.
(d)    The standards set under this subtitle for child resistant packaging of a dangerous household substance may not require specific:
(1)    Packaging designs;
(2)    Product content;
(3)    Package quantity; or
(4)    Except as provided in § 22-310 of this subtitle, labeling.
2023 Maryland Statutes › Health - General › Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials › Subtitle 3 - Child Resistant Packaging of Dangerous Household Substances › Section 22-304 - Rules and Regulations -- Required Considerations

In setting any standard for labeling and child resistant packaging of any dangerous household substance, the Secretary shall consider:
(1)    The nature and use of the dangerous household substance;
(2)    The reasonableness of the standard;
(3)    Available scientific and engineering information about child resistant packaging;
(4)    Available medical information about personal injury to and illness of children from accidental access to dangerous household substances; and
(5)    Manufacturing practices of industries affected by this subtitle.