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1968
LAWS OF MARYLAND
Ch. 240
The second sentence of former Article 43, § 579,
which prohibited dipping or ladling milk, is
deleted as obsolete.
4-428. IMPOUNDMENT OF MISHANDLED MILK PRODUCTS.
(A) DUTIES OF SECRETARY.
THE SECRETARY SHALL IMPOUND A MILK PRODUCT THAT HAS
BEEN HANDLED IMPROPERLY OR HAS NOT BEEN KEPT AT THE REQUIRED
TEMPERATURE AND SHALL DISPOSE OF THE MILK PRODUCT IN
ACCORDANCE WITH THE HEALTH LAWS OF THIS STATE.
(B) STOP SALE ORDER.
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.
REVISOR'S NOTE: This section is new language derived
without substantive change from the fifth and
sixth sentences of former Article 43, § 579.
In subsection (b) of this section,
"establishment" is substituted for "outlets" for
clarity.
The former reference to the power of the
Secretary to impound and dispose of adulterated
milk products is deleted as unnecessary in light
of similar provisions in Subtitle 2 of this
title.
The Commission to Revise the Annotated Code
suggests that the General Assembly may wish to
delete this section and repeal the fifth and
sixth sentences of former Article 43, § 579.
Former Article 43, §§ 571 and 579 were similar in
that both gave the Secretary broad powers in
dealing with adulterated milk products. Former
Article 43, § 571 is repealed (see the General
Revisor's Note to this subtitle) as essentially
duplicative of the Secretary's powers -- provided
in Subtitle 2 of this title — in dealing with
adulterated food products generally. Former
Article 43, § 579 added an element not found in §
571 -- namely the power to suspend retail sale.
However, the Secretary does not exercise that
power and allows local health agencies to deal
with retail establishments.
4-429. SALE OF MILK PRODUCTS FROM OUTSIDE DEPARTMENTAL
INSPECTION AREA; POWERS OF SECRETARY; RECIPROCITY.
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