reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.11 - Mediation

Current through Register Vol. 51, No. 14, July 12, 2024
If a person affected by an adverse action of the Department
				  has filed an appeal with the Secretary, the person may request that the appeal
				  process be paused for 60 days to attempt to resolve the matter through the
				  Department's Mediation Program. If the matter is not resolved through mediation
				  by the end of the 60-day period, the appeal process shall resume.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.01 - General-Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Each procurement agency shall structure its procurement
				  procedures for food to try to achieve an overall goal of 20 percent of the
				  unit's total dollar value of all such procurement contracts made directly or
				  indirectly from Certified Local Farm Enterprises.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Certification" means a determination by
				the Office for the Certified Local Farm Enterprise Program through the
				procedures outlined in this chapter that a legal entity is a Certified Local
				Farm Enterprise for purposes of these regulations.
(2) "Certified Local Farm Enterprise" means a
				local farm enterprise that holds a certification issued by the Office for the
				Certified Local Farm Enterprise Program.
(3) "Department" means the Maryland
				Department of Agriculture.
(4)
				"Food" or "food product" means any locally grown agricultural, horticultural,
				vegetable, or fruit product of the soil, including livestock, meats, poultry,
				eggs, dairy products, nuts, honey, and every food product of a farm, a forest,
				an orchard, a garden or water.
(5)
				"Locally grown" means food grown in Maryland or within 50 miles of the Maryland
				State border.
(6) "Office" means
				the Office for the Certified Local Farm Enterprise Program.
(7) "Procurement agency" means a principal
				department or independent unit of the Executive Branch of the State, not
				otherwise exempted from application of this chapter, that is authorized under
				State law to procure food.
(8)
				"Program" means the Certified Local Farm Enterprise Program.
(9) "Solicitation" means public notice of a
				solicitation for bids, offers, or expressions of interest which contains the
				nature of the procurement, relevant dates, the availability of solicitation
				documents, if any, and other pertinent information. The notice may consist of,
				but is not limited to:
(a) Legal
				advertisement;
(b) Newspaper
				notice;
(c) Bid board
				notice;
(d) Bid or proposal
				documents including the invitation for bids or request for proposals;
				or
(e) Maryland Marketplace
				notice.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.04 - Criteria to Become a Certified Local Farm Enterprise

Current through Register Vol. 51, No. 14, July 12, 2024
A. To become a Certified Local Farm
				Enterprise, the Office need only determine that a local farm enterprise meets
				the nutrient management requirements established under Agriculture Article,
				Title 8, Subtitle 8, Annotated Code of Maryland. No other criteria shall be
				required for certification.
B. The
				Office shall certify and decertify local farm enterprises through a single
				process, which may occur by mail, hand-delivery, or electronic application on a
				form created by the Office. The Office may decertify a local farm enterprise
				that no longer meets the nutrient management requirements established under
				Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland.
C. The Office may consider initial
				applications for certification at any time. The Office shall re-certify local
				farm enterprises on an annual basis in January of each year.
D. The Office may decertify any local farm
				enterprise if the Department determines that a local farm enterprise does not
				meet the nutrient management requirements established under Agriculture
				Article, Title 8, Subtitle 8, Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.05 - Central Directory

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Office shall publish and maintain in an electronic format available to the
				general public through the internet a Central Directory of local farm
				enterprises it has certified under this chapter. The Central Directory shall
				specify the type of food primarily provided by and the date of certification of
				the Certified Local Farm Enterprise and shall include the address, phone
				number, and contact person for the Certified Local Farm Enterprise.
B. The Central Directory shall include all
				contract information available to the Office for the Certified Local Farm
				Enterprise, except when disclosure is prohibited by State Government Article,
				Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and the
				certification number of the local farm enterprise.
C. The Central Directory may include other
				information the Office considers necessary or appropriate to encourage
				participation in the procurement process by Certified Local Farm
				Enterprises.
D. The Central
				Directory:
(1) Shall be continuously updated
				each year;
(2) Shall identify the
				date of certification for each local farm enterprise that has obtained
				certification during the previous calendar year;
(3) Shall include a list of all local farm
				enterprises that have become ineligible to participate in the Program in the
				previous calendar year because they have been decertified; and
(4) May not include any local farm enterprise
				that has a pending certification application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.06 - Procurement Solicitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				attain the Certified Local Farm Enterprise purpose under Regulation .01 of this
				chapter, a procurement agency shall set an overall Certified Local Farm
				Enterprise participation goal of 20 percent of the unit's total dollar value of
				all procurement contracts for food.
B. Prebid and Preproposal Conferences. When
				prebid or preproposal conferences are held, the procurement agency shall
				explain the Certified Local Farm Enterprise provisions of the solicitation, the
				documentation required, and their relationship to the determinations that will
				be made in connection with the evaluation process.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.07 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency head
				may waive any of the provisions of Regulation .06 of this chapter for a
				sole-source, expedited, or emergency procurement in which the public interest
				cannot reasonably accommodate use of those procedures.
B. If, for good reason, the apparent
				successful bidder or offeror is unable to achieve the overall Certified Local
				Farm Enterprise contract goal, the bidder or offeror shall submit to the
				procurement agency the following documentation in support of a waiver request:
(1) A detailed statement of the efforts made
				to utilize Certified Local Farm Enterprises;
(2) A detailed statement of the efforts made
				to contact and negotiate with Certified Local Farm Enterprises, including:
(a) The names, addresses, dates, and
				telephone and certification numbers of Certified Local Farm Enterprises
				contacted;
(b) A description of the
				information provided to Certified Local Farm Enterprises contacted regarding
				any solicitation; and
(3) A list of Certified Local Farm
				Enterprises found to be unavailable.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.08 - Amendment of Procurement Bid

Current through Register Vol. 51, No. 14, July 12, 2024
A. If,
				at any time after submission of a bid or proposal and before execution of a
				contract, a bidder or offeror determines that a Certified Local Farm Enterprise
				listed on the Certified Local Farm Enterprise participation schedule has become
				or will become unavailable or ineligible to provide the food products required
				under the contract, then the bidder or offeror:
(1) Within 72 hours of making the
				determination, shall provide written notice to the procurement officer;
				and
(2) Within 5 business days of
				making the determination, may make a written request to the procurement officer
				to amend the Certified Local Farm Enterprise participation portion of the
				bid.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.09 - Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each procurement
				agency is responsible for ensuring compliance with Certified Local Farm
				Enterprise participation goals.
B.
				To ensure compliance with Certified Local Farm Enterprise participation goals,
				each procurement agency shall:
(1) Verify
				that the Certified Local Farm Enterprises listed in the Certified Local Farm
				Enterprise participation contract are actually providing farm products and
				receiving required compensation; and
(2) Monitor and collect data on contractor
				compliance with Certified Local Farm Enterprise participation goals.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.19 - Certified Local Farm Enterprise Program › Section 15.01.19.10 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 90 days
				after the end of each fiscal year, each procurement agency shall report to the
				Office.
B. A report under this
				regulation for the preceding fiscal year shall:
(1) State the total number and value of
				procurement contracts for food, as applicable, between the procurement agency;
				and
(a) A Certified Local Farm Enterprise;
				or
(b) A primary contractor,
				showing the number and value of contracts that the primary contractor has with
				Certified Local Farm Enterprises;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the Urban Agriculture Water and
				  Power Infrastructure Grant Program. The purpose of the Program is to increase
				  the viability of urban farming and community and to improve access to
				  urban-grown foods.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) "Department" means Maryland Department of
				Agriculture.
(2) "Eligible cost"
				means a cost that the Department determines is necessary for the purchase and
				installation of:
(a) Water meters;
(b) Water pipes;
(c) Irrigation hoses;
(d) Electric meters;
(e) Electric lines; or
(f) Any other equipment associated with water
				supply and irrigation or electric power access that may be required to provide
				water or electrical power to operation.
(3) "Farm product" means:
(a) Any agricultural, horticultural,
				vegetable, or fruit product of the soil, whether raw or canned, frozen, dried,
				pickled, or otherwise processed;
(b) Livestock, meats, marine food products,
				poultry, eggs, or dairy products;
(c) Wool, hides, feathers, nuts, or honey;
				or
(d) Any product of farm, forest,
				orchard, garden, or water.
(4) "Program" means the Urban Agriculture
				Water and Power Infrastructure Grant Program.
(5) "Project" means the installation of
				equipment associated with water supply and irrigation or electric power access
				to provide water or electrical power to a farm or community garden in an urban
				area.
(6) "Qualified nonprofit
				organization" means a nonprofit organization that is organized and operated
				exclusively for exempt purposes under §501(c)(3) of the Internal Revenue
				Code and operates a farm or community garden in an urban area.
(7) "Urban agricultural producer" means any
				person that:
(a) Annually produces farm
				products in an urban area; and
(b)
				Sells, plans to sell, or normally would have sold at least $1,000 annually of
				farm products produced from a farming operation.
(8) "Urban area" means an area of the State
				delineated as an urban area by the U.S. Census Bureau set forth in "Urban Area
				Criteria for the 2020 Census-Final Criteria", at 87 Federal Register 16706
				(March 24, 2022).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
An urban agricultural producer or qualified nonprofit
				  organization is eligible to apply for financial assistance under the Program to
				  install equipment associated with water supply and irrigation or electric power
				  access to provide water or electrical power to a farm or community garden in an
				  urban area.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.04 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A person who applies for cost-sharing funds under the Program
				  shall submit to the Department the following:
A. An application on a Department form,
				including a project narrative describing the proposed project, which shall
				include an approximate total project cost figure based on all eligible
				costs;
B. A map identifying the
				project location, street address and parcel boundaries of the
				operation;
C. For a nonprofit
				organization:
(1) A favorable determination
				letter from the Internal Revenue Service that the organization meets the
				requirements of §501(c)(3) of the Internal Revenue Code; and
(2) A letter of good standing with the State
				of Maryland Department of Assessments and Taxation;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.05 - Application Review and Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Department Approval or Disapproval of Application.
(1) If the Department approves a project, it
				shall base the amount of State cost-sharing funds on:
(a) The eligibility of the applicant;
				and
(b) The lack of existing water
				or power infrastructure to the operation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.06 - Cost-Sharing Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department and the applicant shall execute an agreement. The agreement, among
				other things, shall obligate the applicant to:
(1) Establish, construct, or install
				utilities in accordance with the jurisdictions permit specifications;
(2) Maintain the utility for at least five
				years from date of completion;
(3)
				Bind any successor in title for the life of the project as specified in the
				agreement; and
(4) Provide any
				required funds for the project.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.07 - Project Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				After all parties execute a cost-sharing agreement, an applicant shall begin
				the approved project.
B. The
				applicant shall be responsible for all steps in completing the project,
				including, but not limited to, obtaining any necessary permits and the services
				of contractors or obtaining any necessary materials or equipment to complete
				project construction.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.08 - Distribution of Cost-Sharing Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant who executes a cost-sharing
				agreement shall be paid in accordance with the following payment schedule:
(1) Upon receipt of all required construction
				permits, up to 25 percent of the estimated costs as outlined in the
				cost-sharing agreement;
(2) Upon
				commencement of construction, up to 50 percent of estimated costs as outlined
				in the cost-sharing agreement minus any payment made previously; and
(3) Upon completion of project and
				satisfactory final inspection, 87.5 percent of realized eligible costs minus
				any payments made previously.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.09 - Project Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
After the Department has distributed cost-sharing funds, the
				  Department shall monitor projects to see if they are maintained in accordance
				  with the agreement. Any violations shall be documented on a departmental form,
				  a copy of which shall be provided to the applicant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.10 - Failure to Establish or Maintain Project or to Have or Comply with Nutrient Management Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				applicant fails to establish, install, construct, or maintain the project in
				accordance with any agreement executed with the Department, that applicant
				shall be liable for the full amount of State cost-sharing funds paid for any
				practice that was not implemented or maintained. However, the applicant is not
				liable for inadequate maintenance or destruction of a best management practice
				if caused by an act of nature that could not be reasonably
				anticipated.
B. If the applicant is
				required to have a nutrient management plan under Agriculture Article, Title 8,
				Subtitle 8, Annotated Code of Maryland, and fails to obtain a nutrient
				management plan or to comply with this plan, the Department may require
				repayment of the cost-sharing funds it paid towards installation of the
				project.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.20 - Urban Agriculture Water and Power Infrastructure Grant Program › Section 15.01.20.11 - Administrative Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall submit a report to the Governor, the
				  Senate Budget and Taxation Committee, and the House Appropriations Committee on
				  the effectiveness of the funding provided for the Program by October 15 of each
				  year.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.01 - Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods › Section 15.03.01.01 - Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices

Current through Register Vol. 51, No. 14, July 12, 2024
The specifications, tolerances, and other technical
				  requirements for commercial weighing and measuring devices used in the State
				  are those adopted by the National Conference on Weights and Measures as
				  published in National Institute of Standards and Technology Handbook 44, as
				  amended, as provided under Agriculture Article, §
									11-203(c),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.01 - Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods › Section 15.03.01.02 - Procedures for Testing the Net Contents of Packaged Goods

Current through Register Vol. 51, No. 14, July 12, 2024
The procedures and statistical sampling techniques used by
				  the Maryland Department of Agriculture to test packages for conformance with
				  legal weights and measures standards in this State are those adopted by the
				  National Conference on Weights and Measures as published in "NIST (National
				  Institute of Standards and Technology) Handbook 133, 2020 Edition, Checking the
				  Net Contents of Packaged Goods", which is incorporated by
				  reference.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.02 - Packaging and Labeling › Section 15.03.02.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				sections of NIST (National Institute of Standards and Technology) Handbook 130,
				2022 Edition, are incorporated by reference:
(1) The section titled "Uniform Packaging and
				Labeling Regulation"; and
(2) The
				section titled "Examination Procedure for Price
				Verification".
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.03 - Method of Sale of Commodities › Section 15.03.03.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern the methods and quantity terms to be
				  employed in the representation, advertisement, and sale of some specific
				  commodities and the advertisement of all commodities relative to use of posted
				  prices. (Agency note: For packaging and labeling requirements refer to the
				  Maryland Packaging and Labeling Regulations.)
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.03 - Method of Sale of Commodities › Section 15.03.03.02 - All Commodities

Current through Register Vol. 51, No. 14, July 12, 2024
If an advertised, posted, or labeled price per unit of
				  weight, measure, or count includes a fraction of a cent, every element of the
				  fraction shall be prominently displayed, and the numerals expressing the
				  fraction shall be immediately adjacent to, of the same general design and style
				  as, and at least one-half the height and width of any numeral representing the
				  whole cents.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.03 - Method of Sale of Commodities › Section 15.03.03.03 - Sale from Bulk

Current through Register Vol. 51, No. 14, July 12, 2024
Except as otherwise provided for in Agriculture Article,
				  11-308, 11-316, and 11-505, Annotated Code of Maryland, whenever the quantity
				  is determined by the seller, bulk sales in excess of $20, and all bulk
				  deliveries of heating fuel, shall be accompanied by a delivery ticket
				  containing at least the following information:
A. The name and address of the vendor and
				purchaser;
B. The date
				delivered;
C. The quantity
				delivered and the quantity upon which the price is based, if this differs from
				the delivered quantity;
D. The
				identity in the most descriptive terms commercially practicable, including any
				quality representation made in connection with the sale;
E. The count of individually wrapped
				packages, if any, and if more than one.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.03 - Method of Sale of Commodities › Section 15.03.03.04 - Food Products

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Berries and Small Fruits. Berries and small fruits shall be offered and exposed
				for sale and sold by weight, or by measure in open containers having capacities
				of 1/2 pint, 1 pint, or 1 quart, dry measure, provided that the labeling
				requirements of Regulations .03, .05, and .06 of COMAR 15.03.02 (Packaging and
				Labeling) may not apply to these containers.
B. Butter, Oleomargarine, and Margarine.
				Butter, oleomargarine, and margarine shall be offered and exposed for sale and
				sold by weight.
C. Flour, Corn
				Meal, and Hominy Grits. Wheat flour, whole wheat flour, graham flour,
				self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour,
				corn meal, and hominy grits, whether enriched or not, shall be packaged, kept,
				offered, or exposed for sale, and sold by weight.
D. Meat, Poultry, and Seafood.
(1) Except for immediate consumption on the
				premises where sold, or as one of two or more different elements, excluding
				condiments, that comprise a ready-to-eat meal sold as a unit for consumption
				elsewhere than on the premises where sold, or cooked and ready-to-eat whole
				chicken or chicken parts that are prepared on the premises, all meat, meat
				products, poultry, and all seafood except shell fish offered or exposed for
				sale or sold as food shall be offered or exposed for sale and sold by
				weight.
(2) When meat, poultry, or
				seafood is combined with or associated with some other food element to form
				either a distinctive food product or a food combination, the food product or
				combination shall be offered or exposed for sale, and sold by weight. The
				quantity representation may be the total weight of the product or combination
				and a quantity representation is not required for each element of the product
				or combination.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.03 - Method of Sale of Commodities › Section 15.03.03.06 - Home Food or Nonfood Service Plan Sales

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this regulation, the
				following terms have the meanings indicated:
(1) Buyer.
(a) "Buyer" includes both the actual and
				prospective buyer.
(b) "Buyer" does
				not include persons buying for resale.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.04 - Farm Milk Tanks › Section 15.03.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to farm milk tanks that are:
(1)
				Located on the premises of the producer; and
(2) Used, or to be used, under an express
				agreement between the producer and the purchaser for the commercial measurement
				of milk.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.04 - Farm Milk Tanks › Section 15.03.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Department"
				means the Department of Agriculture of Maryland and its designee.
B. Farm Milk Tank.
(1) "Farm milk tank" means a unit for
				measuring milk or other fluid dairy products, whether stationary or portable.
				It shall be considered suitable for commercial use only when it comprises:
(a) A vessel, whether or not equipped with
				means for cooling its contents;
(b)
				Means for reading the level-of-liquid in a tank, such as a removable gauge rod,
				surface gauge, or a gauge tube; and
(c) A chart for converting level-of-liquid
				readings to gallons or avoirdupois weight on the basis of 8.6 pounds per
				gallon.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.04 - Farm Milk Tanks › Section 15.03.04.03 - Specifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manufacturers
				and installers of farm milk tanks and those using farm milk tanks shall comply
				with the specifications, tolerances, and other technical requirements specified
				in:
(1) This chapter; and
(2) The National Institute of Standards and
				Technology Handbook 44, Section 4.42, as provided under COMAR
				15.03.01.01C.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.04 - Farm Milk Tanks › Section 15.03.04.05 - Tolerances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application. The
				tolerances prescribed in this regulation shall be applied equally to errors in
				excess and errors in deficiency.
B.
				Minimum Tolerance Values. On a particular farm milk tank, the maintenance and
				acceptance tolerances applied may not be smaller than the smallest volume
				corresponding to a graduated interval at any point on the gauge rod or surface
				gauge.
C. Basic Tolerance Values.
				Basic maintenance and acceptance tolerance shall be as shown in Table 1. (The
				error at any liquid level of a farm milk tank is the difference between the
				gallonage shown for that level on the calibration chart and the corresponding
				gallonage by test. The tolerance is applied according to the volume of test
				liquid in the tank at each test draft, regardless of the nominal capacity of
				the tank.)
Table 1
Basic Maintenance and
						  AcceptanceTolerances for Farm Milk Tanks
Test Draft
Tolerance in excessand in deficiency
Gallons
250 or less
1/2
251 to 500, inclusive
1
501 to 1,000, inclusive
2
1,001 to 1,500, inclusive
3
1,501 to 2,000, inclusive
4
Over 2,000
5
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.04 - Farm Milk Tanks › Section 15.03.04.06 - Storage of Gauge Rod

Current through Register Vol. 51, No. 14, July 12, 2024
Between periods of actual use for measuring, the producer
				  shall keep the gauge rod stored at room temperature and may not place it inside
				  a farm milk tank.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Department"
				means the Department of Agriculture of Maryland and its designee.
B. "Secretary" means the Secretary of
				Agriculture and his designee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.03 - Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Glassware
				Calibration. There shall be a charge of 10 cents per item for milk test
				bottles, milk pipettes, and cream test bottles inspected and tested by the
				Secretary. There will be no charge for any equipment inspected and tested
				during routine laboratory inspections as required by Title 11, Agriculture
				Article, Annotated Code of Maryland.
B. Volumetric Field Test Measures. All
				volumetric measuring devices used for the calibration of farm milk tanks in
				Maryland shall be inspected, tested, and approved once each calendar year by
				the Secretary.
C. Farm Milk Tanks.
				Farm milk tanks shall conform to the specifications, tolerances, and other
				technical requirements of the National Bureau of Standards Handbook 44 and any
				amendments to it, except as otherwise stated in the Maryland Department of
				Agriculture regulations pertaining to farm milk tanks.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.04 - Manner of Testing for Milk Fat Content

Current through Register Vol. 51, No. 14, July 12, 2024
Only procedures approved by the Association of Official
				  Analytical Chemists or American Public Health Association and adopted or
				  prescribed by the Secretary may be used. The Babcock Test or the automated
				  light-scattering method for determining milk fat content of raw, unhomogenized
				  milk are adopted as procedures for the determination of the milk fat content of
				  milk as a basis of payment to producers.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.06 - Correct Weight, Measure and Test

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conversion of Volume to Weight. When a
				volume of raw unhomogenized milk is converted to weight, it shall be on the
				basis of 8.6 pounds per gallon.
B.
				Weighing and Measuring Device Requirements. Weighing and measuring devices used
				for determining the weight and measure of milk or other fluid dairy products,
				when the weight or measure is used as the basis of payment, shall meet all
				specifications, tolerances, and other technical requirements of National Bureau
				of Standards Handbook 44 and any amendments to it. All weighing and measuring
				devices are subject to test and inspection by the Secretary as often as deemed
				necessary.
C. Manifest Tag,
				Quantity Ticket and Record Keeping. The quantity of a lot of milk or other
				fluid dairy products shall be determined by a person licensed under these
				regulations and shall be correctly entered on a manifest tag or quantity ticket
				with the producer's name or number and the date the quantity is determined.
				When the information recorded on a manifest tag or quantity ticket is
				transferred to a permanent record, the manifest tag or quantity ticket shall be
				kept on file for 12 months from the date the information is entered on the
				permanent record, at a place designated on the permit application. During the
				12-month period, the indicated record and manifest tag or quantity ticket shall
				be open to inspection by the Secretary at all reasonable times.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.07 - Producer Receipts and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Records to be Properly Maintained. Immediately after the milk or other fluid
				dairy product is weighed, sampled, measured, or tested, a permanent record
				shall be made by a person licensed under these regulations. The record shall
				include any and all information that may be required. The portion of the record
				relating to the milk or other fluid dairy products produced by any person shall
				be open to inspection by that person or his agent at any and all reasonable
				times.
B. Notification to Producer.
				The purchaser or appropriate permit holder shall notify the producer of the
				results of any individual test within 3 working days after the test is
				accomplished. If the test is made by the producer's agent, however, the agent
				shall notify the producer of the results of the individual test on or before
				the date of settlement for the milk or other fluid dairy products involved. The
				purchaser or purchaser's agent shall, at each and every time of settlement with
				the producer, give the producer a statement showing the quantity of milk or
				other fluid dairy products delivered by the producer to the purchaser during
				the period for which the settlement is made. When the payment is made on a
				basis of test, statements shall show the average percentage of the tests and
				the unit used as the basis for the determination of the amount of the payment.
				The records of the payment shall be kept on file for a period of 12
				months.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.05 - Receiving, Weighing, Sampling and Testing of Other Fluid Dairy Products › Section 15.03.05.08 - Agreement with Other States

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				When milk is transferred from farm milk tanks located in Maryland to any mobile
				receiving station for transportation directly to purchasers located in other
				states, sampling and testing procedures required by the state in which the
				purchaser is located, may be used as a basis for payment to the Maryland
				producer if the out-of-state weighing, measuring, sampling, and testing
				procedures are substantially equivalent to the procedures required by the
				Secretary and if prior permission is obtained from the Secretary.
B. Permission to use out-of-state weighing,
				measuring, sampling, and testing procedures as a basis of payment to Maryland
				producers will be denied where the procedures are not substantially equivalent
				to the procedures required by the Secretary.
C. A request for this permission should be
				made, in writing, to the Secretary giving the names and addresses of Maryland
				producers who will be operating under the arrangement and, in addition, the
				name and the address of the purchaser.
D. Even when this permission is granted, the
				licensing and permit regulations for mobile receiving station operators and
				mobile receiving stations obtaining milk from farm milk tanks located in
				Maryland shall remain in effect with respect to any such arrangement. Any milk
				delivered to milk plants or stationary receiving stations located in Maryland
				from producers involved in any such arrangement is subject to Maryland
				regulations.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are to prescribe the methods of calibrating
				  and operating automated testing equipment authorized to be used to measure the
				  milk fat content of raw, unhomogenized milk.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.02 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations shall apply to any automated testing
				  equipment used at any time for the purpose of measuring milk fat content in
				  raw, unhomogenized milk when the results are to be used as the basis for
				  payment to milk producers.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.03 - Authority

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with the authority of the Secretary to
				  promulgate regulations to regulate the receiving, weighing, measuring,
				  sampling, and testing of milk or other fluid dairy products when the results
				  are to be used as a basis for payment to the producer of the products as
				  contained in Title 11 of the Agriculture Article of the Annotated Code of
				  Maryland, these regulations are adopted as regulations of the Department of
				  Agriculture.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.04 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Automated
				testing equipment" means any contrivance, machine, or device manufactured for
				the purpose of measuring the milk fat content of milk or other fluid milk
				products within the design of the instrument, and approved by the Association
				of Official Analytical Chemists (AOAC).
B. "Cooperative" means a corporation or
				association as defined and construed in the Corporations and Associations
				Article, §
									5-501,
				Annotated Code of Maryland. A cooperative shall be deemed a producer within the
				provisions of these regulations and shall be entitled to their
				benefits.
C. "Department" means the
				Department of Agriculture of Maryland.
D. "Equipment operator" means a person
				licensed to operate automated testing equipment in accordance with these
				regulations.
E. "Person" includes:
(1) The State, any county, municipal
				corporation or other political subdivision of the State, or any of its
				units;
(2) An individual, receiver,
				trustee, guardian, executor, administrator, fiduciary, or representative of any
				kind;
(3) Any partnership, firm,
				association, public or private corporation; or
(4) Any other entity, unless otherwise
				provided.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.05 - Licensing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person may not operate any automated testing equipment for the purposes of
				determining the milk fat content of milk for payment purposes to the producer
				unless licensed by this Department.
B. Any person testing milk for the purpose of
				controlling the accuracy of the automated testing equipment shall also be
				licensed by the Department to test milk for milk fat content by the reference
				method.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.07 - Operating Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
Once the automated testing equipment has been calibrated in
				  accordance with the initial calibration procedures provided in these
				  regulations, it may be used to determine the milk fat content of raw
				  unhomogenized milk, provided it is operated in compliance with the following
				  procedures:
A. Control Milk Samples.
				Milk samples to be used as control milk samples shall be prepared in accordance
				with the following procedures:
(1) Eight
				samples of natural herd milk shall be prepared in accordance with Regulation
				.06 of this chapter.
(2) These
				eight samples shall be tested three times by the reference method. The milk fat
				content of each sample shall be determined by averaging the results of the
				three tests to the nearest 0.01 percent. They shall contain a milk fat content
				within the range being tested by the equipment.
(3) The samples shall then be tested
				immediately by the automated equipment. The results of the three tests for each
				sample shall be averaged as provided in §A(2), of this
				regulation.
(4) If the standard
				deviation of difference between the average of the results obtained using the
				two methods does not exceed 0.06 percent, the equipment may continue to be
				used. If the (Sd) exceeds 0.06 percent, the equipment shall cease being used
				and be inspected to determine why the (Sd) exceeds this limit, be repaired, if
				necessary. and then recalibrated in accordance with the initial calibration
				procedures as set forth in Regulation .06 of this chapter. The Department need
				not be notified as to this recalibration.
(5) All control milk samples prepared shall
				be stored at temperatures between 35°-40°F. A control milk sample may
				not be used beyond 7 days from the date of its preparation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 03 - WEIGHTS AND MEASURES › Chapter 15.03.06 - Calibration and Operation of Automated Testing Used to Determine Fat Content of Raw Unhomogenized Milk › Section 15.03.06.08 - Use of Automated Testing Equipment to Determine the Basis of Payment to Producers

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				the automated testing equipment is being used to determine the milk fat content
				of milk as a basis of payment to producers, a control milk sample will be
				tested by the automated testing equipment once every hour of its operation or
				once every 50 samples tested, whichever occurs first. If the difference between
				the milk fat content as measured by the equipment and the milk fat content of
				the control milk is 0.06 percent or less, the equipment may be continued in use
				as a basis of measuring milk fat content to determine payments to producers. If
				the difference is greater than 0.06 percent, the equipment shall cease being
				used for this purpose and shall be checked in accordance with Regulation .07,
				of this chapter. All test results obtained from the equipment subsequent to the
				last acceptable check as provided by this regulation as well as all payments to
				producers based on these tests shall be void. The equipment may not be used for
				determining payments to producers until it shall have been checked and
				calibrated, if necessary, in accordance with Regulation .07, of this
				chapter.
B. Required Records. When
				automated testing equipment is used to determine payments to producers, the
				following records shall be maintained on file for a period of 12 months, at the
				facility where the instrument is operated:
(1) Initial and subsequent calibrations,
				including the worksheet used in computing the standard deviation;
(2) Results of tests used as a basis of
				payment to producers;
(3) Control
				milk test results required by Regulation .07A, of this chapter;
(4) Daily performance checks;
(5) Machine adjustments;
(6) Major maintenance reports;
(7) Other procedural records required by the
				Department;
(8) Records of the
				preparation of control milk samples as required by Regulation .03 of this
				chapter.