Md. Code Regs. 15.04.01.09 - Registration
A. Packers,
Including Repackers.
(1) For each business
location where a person is operating as a packer, including a repacker, the
person shall submit annually a completed application for registration on a form
provided by the Department.
(2)
Except as otherwise provided under §A(5) of this regulation, the
Department shall issue a packer-applicant a certificate of registration if the
person:
(a) Submits a completed application
without any fraudulent or deceptive statements;
(b) Excluding a person operating only as a
repacker, provides documentation that is satisfactory to the Department showing
that the birds used to produce shell eggs meet the standards provided by COMAR
15.11.11.05A;
(c) Excluding a person operating only as a
repacker, permits the Secretary to test the person's birds as provided under
COMAR 15.11.11.05AA
during regular business hours if the Secretary has reason to believe the birds
have been exposed to Salmonella enteritidis;
(d) Agrees to comply with any lawful
direction the Secretary orders;
(e)
Except as provided under §A(3) of this regulation, pays the $30
registration fee and any applicable inspection fee; and
(f) For the repacker only, provides
documentation that is satisfactory to the Department showing that the eggs
being packed for distribution or sale in Maryland originate only from packers
who are currently registered with the Secretary.
(3) A packer who keeps 3,000 or fewer
chickens and who sells, offers, or exposes for sale shell eggs only from those
chickens shall register with the Secretary, but is exempt from paying the
registration and inspection fees.
(4) A certificate of registration is
effective for 1 year and, if during that year any of the following changes in
status occur, the registrant shall notify the Department of the change within
15 calendar days of its occurrence:
(a) The
Salmonella serotype enteritidis status of the flocks being used to produce
shell eggs;
(b) The addition of
birds or flocks to those identified in the original application for
registration; and
(c) The corporate
status, if the registrant is a corporation;
(d) The registrant's business location;
and
(e) If a repacker, the addition
of any packers from whom eggs are being obtained (give name and address) who
had not been listed as a source of eggs in the original application for
registration.
(5) The
Department may suspend, revoke, or refuse to issue the certificate of
registration of a person who packs shell eggs:
(a) If the person:
(i) Makes fraudulent or deceptive statements
in the application for registration,
(ii) Fails to comply with any of the
regulations of this chapter or any lawful direction the Secretary
orders,
(iii) Refuses to permit the
Secretary to test the person's birds as provided under COMAR
15.11.11.05AA
during regular business hours if the Secretary has reason to believe that those
birds have been exposed to Salmonella enteritidis;
(b) If the person's birds have been exposed
to Salmonella enteritidis and the person fails to comply with any lawful
direction the Secretary orders; or
(c) If the person is a repacker and that
person:
(i) Fails to provide the documentation
required under §A(2)(f) of this regulation, or
(ii) Distributes or sells eggs in violation
of any lawful direction of the Secretary, or which originate from packers who
are not currently registered with the Secretary.
(6) The requirements set forth in
this regulation also apply to repackers.
(7) A repacker is considered to be a packer
if the repacker is in the business of placing shell eggs in a case, carton, or
container used to hold eggs for distribution or sale, and the new case, carton,
or container into which the eggs are repacked becomes for those eggs the
original case, carton, or container.
(8) A packer also includes a person who
places shell eggs in the original case, carton, or container that is used to
hold eggs for distribution or sale to others in the distribution chain such as
retailers and food service facilities, and not just consumers, as this
limitation only was intended to exclude from this definition certain persons
not in the business of packing eggs but who nevertheless place shell eggs into
cartons, for example, consumers who are permitted by certain retailers to pack
loose eggs into cartons.
B. Distributors.
(1) For each business location where a person
operates as a distributor, the distributor shall submit annually a complete
application for registration on a form provided by the Department.
(2) Unless the Department has reason to deny
registering a person as provided under §B(4) of this regulation, the
Department shall register an applicant if the person:
(a) Submits an application without any
fraudulent or deceptive statements; and
(b) Pays the $30 registration fee and any
other fees required under this chapter.
(3) A certificate of registration is
effective for 1 year, beginning on January 1 of each year and, if during that
year there is a change in business location, the distributor shall notify the
Department of this change within 15 calendar days of its occurrence.
(4) The Department may suspend, revoke, or
refuse to issue a certificate of registration if the distributor:
(a) Does not meet the requirements of this
chapter; or
(b) Violates any
provisions of Agriculture Article, Title 4, Subtitle 3, Annotated Code of
Maryland, or any of the regulations of this chapter, or any lawful direction
the Secretary orders.
Notes
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