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Session Laws, 1978
Volume 736, Page 1045   View pdf image
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BLAIR LEE III, Acting Governor                         1045

PERMIT OR LICENSE SHALL BE SUSPENDED OR REVOKED. This
section does not limit the right of the Secretary to proceed
as authorized by other sections of this title.

11-408.

(A)    When determining the weight or measure or when
testing milk or other fluid dairy products, [a permit holder
or licensee] A PERSON REQUIRED TO HAVE A PERMIT OR LICENSE
UNDER THIS SUBTITLE may not use any weighing, measuring, or
testing equipment which does not conform to the
specifications, tolerances, and other technical requirements
of the National Bureau of Standards[,] Handbook 44, as
amended, or the official publication of the Association of
Official Analytical Chemists as amended, and which is NOT
inspected, tested, and approved by the Secretary- The
Secretary may charge a reasonable fee for each item of
equipment inspected.

(B)    WHEN A PRODUCER'S WEIGHING OR MEASURING DEVICE IS
USED TO DETERMINE THE QUANTITY AFFECTING PAYMENT FOR MILK OR
OTHER FLUID DAIRY PRODUCTS, THE DEVICE AND ITS USE SHALL
CONFORM TO THE SPECIFICATIONS, TOLERANCES, AND OTHER
TECHNICAL REQUIREMENTS OF THE NATIONAL BUREAU OF STANDARDS
HANDBOOK 44, AS AMENDED.

11-40 9.

(a)    Samples THAT MAY BE used   as a basis for payment
[to the producer] shall be taken,    maintained and tested in
the manner and within the period of   time specified by the
Secretary.

(b)    A PERSON MAY NOT ALTER A sample SO that [is
altered in any manner so that it tests] ITS TEST RESULTS
WILL INDICATE lower or higher than the ACTUAL test RESULTS
of the milk or other fluid dairy product from which it is
taken [may not be used as a basis for payment].

11-410.

[No] A person may NOT obtain, collect or use any
sample, for testing purposes, the test result of which is
lower or higher than the ACTUAL test RESULT of the milk or
other fluid dairy product from which it is obtained.

11-411.

[No] A person may NOT indicate, record or report a
false or incorrect TEST RESULT OR quantity of milk or other
fluid dairy product, for any purpose.

11-412.

(a) (1) The Secretary may enter the premises of any
permit holder at any reasonable hour, to examine the
weighing, measuring, sampling, [and] testing PROCEDURES AND
apparatus, to take samples of milk or other fluid dairy

 

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Session Laws, 1978
Volume 736, Page 1045   View pdf image
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