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Session Laws, 1971
Volume 707, Page 1226   View pdf image
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1226                             Laws of Maryland                      [Ch. 573

Reports of all inspections conducted by such personnel to determine
compliance with the provisions of this subtitle or of any rule or
regulation issued thereunder shall be forwarded to the Secretary.
All punitive actions and all inspections for the issuance or reinstate-
ments of permits shall be performed by the Secretary.

576.    Notice to Holder of Permit in Case of Violation; Suspension
or Revocation and Reinstatement of Permit.

Whenever the Secretary shall find that any of the provisions of
this subtitle, or any rule or regulation issued thereunder, is or has
been violated by the holder of any permit issued by the Secretary;
or that such violation has occurred or is occurring on any premises
for which a permit is issued; or whenever a health hazard exists;
or whenever the permit holder has interfered with the Secretary in
the performance of his duties, the Secretary shall suspend such per-
mit: Provided, That, the Secretary shall, in all cases except where
the milk product involved creates an imminent hazard to public
health; or in any case of a willful refusal to permit authorized
inspection, serve upon the holder a written notice of intent to sus-
pend permit, which notice shall specify with particularity the viola-
tion(s) in question and afford the holder such reasonable opportunity
to correct such violation(s) as may be agreed to by the parties, or
in the absence of agreement, fixed by the Secretary, before making
any order of suspension effective. A suspension of permit shall re-
main in effect until the violation has been corrected to the satisfaction
of the Secretary.

Upon written application of any person whose permit has been
suspended, or upon written application within 48 hours of any per-
son who has been served with a notice of intention to suspend, and
in the latter case before suspension, the Secretary shall within 72
hours hold a hearing to ascertain the facts of such violation or in-
terference and upon evidence presented at such hearing shall af-
firm, modify, or rescind the suspension or intention to suspend.

Upon repeated violation(s), the Secretary may revoke such per-
mit following reasonable notice to the permit holder and an oppor-
tunity for a hearing.

577.    Appeals on Refusal, Suspension or Revocation of Permit.

Any applicant for a permit, or any permit holder who shall feel
aggrieved by the action of the Secretary in failing to issue or in
revoking or suspending such permit may take an appeal therefrom
in accordance with the Laws of Maryland.

578.    Rules and Regulations Pertaining to Production, Collection,
Processing and Selling.

The Secretary shall from time to time make, revise, or revoke
rules and regulations pertaining to the definitions, standards of iden-
tity, production, collection, transporting, receiving, transferring,
processing, pasteurization, packaging, storing, and selling of milk
products. All rules and regulations issued by the Secretary, when
duly promulgated, shall have the force and effect of law.

 

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Session Laws, 1971
Volume 707, Page 1226   View pdf image
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