Ch. 417                                    2004 LAWS OF MARYLAND

(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
REGULATION 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.

(2)      (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.

[(b)] (E) (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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 11, 2004.

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