2013 Maryland Code
AGRICULTURE
§ 4-311 - Disposition of unfit or adulterated eggs

§4-311.

If the Secretary finds that any shell eggs are adulterated or unfit for human consumption, he shall segregate them and mark them in a permanent manner to permit ready identification. If no appeal is taken from a determination of condemnation, the Secretary shall destroy them in a manner prescribed by the rules and regulations. If an appeal is taken, the condemned shell eggs shall be segregated and stored pending completion of an appeal inspection. The eggs may be destroyed in accordance with this section if the appeal is sustained.

§ 4-311 - 1. Registration of packers and distributors required

A person shall register with the Secretary each business location where that person is operating as either a packer or distributor.

§ 4-311 - 2. Registration of packers and distributors -- Applications; exemptions; fees

(a) Applications. -- Except as otherwise provided in subsection (b) of this section, an applicant for registration shall:

(1) Submit to the Secretary an application on the form that the Secretary provides; and

(2) Pay to the Secretary the appropriate registration fee established in subsection (c) of this section.

(b) Fee exemptions. -- A packer or distributor 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 any fee required by this subtitle.

(c) Fees. -- The following persons shall pay to the Secretary the registration fee indicated:

(1) Packer......................................................$ 30; and

(2) Distributor.....................................................$ 30.

§ 4-311 - 3. Registration of packers and distributors -- Expiration; renewal; display; relocation

(a) Expiration. -- Unless a registration for a packer or distributor of shell eggs is renewed for a 1-year term, the registration expires on January 1.

(b) Renewal. -- Before a registration expires, the registration may be renewed for an additional 1-year term, if the applicant:

(1) Is a packer or distributor of shell eggs;

(2) Pays the applicable fee as provided in § 4-311.2 of this subtitle; and

(3) Submits to the Secretary a renewal application on a form that the Secretary provides.

(c) Display. -- The packer or distributor shall display the registration conspicuously at each place of business.

(d) Relocation. -- The packer or distributor shall notify the Secretary if the packer's or distributor's business is moved to a new location.

§ 4-311 - 4. Registration of packers and distributors -- Denial; suspension or revocation

Subject to the hearing provisions adopted by the Secretary, the Secretary may deny, suspend, or revoke the registration for a packer or distributor if:

(1) The packer or distributor does not meet the requirements of this title; or

(2) The packer or distributor violates any provision of this subtitle or any regulation adopted by the Secretary.

§ 4-311 - 5. Egg Law Fund

(a) Establishment; credits. --

(1) There is an "Egg Law Fund".

(2) All fees collected under the provisions of this subtitle shall be credited to the Fund.

(b) Uses. -- The Fund shall be used to partially defray the expenses of administering this subtitle.

§ 4-311 - 6. Quarterly reports and inspection fees

(a) Required. -- A packer or distributor who is required to pay a fee under this subtitle shall submit to the Secretary:

(1) A quarterly report showing the number of dozens of shell eggs sold or delivered in Maryland to any retailer, food service facility, or consumer; and

(2) At the time that the quarterly report is due, an inspection fee at a rate of 8 cents for each 30-dozen case of shell eggs sold or delivered in Maryland.

(b) Collection fees. --

(1) If the report is not filed and the required inspection fee is not paid within 30 days after the end of the quarterly period, a collection fee shall be assessed against the packer or distributor.

(2) The amount of the collection fee shall be the greater of:

(i) 10 percent of the inspection fee due and unpaid; or

(ii) $ 100.

(3) The amount of collection fee due is a debt and may be the basis of a judgment in a civil action against the packer or distributor.

§ 4-311 - 7. Records

A packer or distributor shall:

(1) Keep accurate records showing the number of eggs sold or delivered to any person;

(2) Keep required records at each place of business or at a central location within the State;

(3) Keep required records for 1 year; and

(4) Make required egg records available to the Secretary upon request.

§ 4-311 - 8. Penalties; regulations

(a) Penalties. -- Instead of, or in addition to, issuing a stop-sale order or revocation of a registration under this subtitle, the Secretary may impose a civil penalty of not more than $ 5,000.

(b) Payment into State General Fund. -- A penalty collected by the Secretary under this section shall be paid into the State General Fund.

(c) Adoption of regulations. -- The Secretary may adopt regulations to implement the provisions of this section.