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HB 1449

Criminal Offenses - As introduced, restates the criminal offense of drag racing as street drag racing; expands the offense to include acts committed on commercial property; authorizes a vehicle used in the commission of the offense or to flee after commission of the offense to be impounded for the purpose of collecting evidence; makes various other changes regarding the offense of street drag racing. - Amends TCA Title 7; Title 39; Title 40; Title 55 and Title 68.

114th Regular Session (2025-2026) Introduced by John Gillespie

Authorizes direct-to-consumer raw milk sales in Maryland under an MDH permit, with health, testing, labeling, and enforcement rules affecting farms, sellers, and consumers.

Rec. for pass. if am., ref. to Finance, Ways, and Means Committee
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Bill Summary · HB 1449

HB 1449 — Public Health: Milk Products — Direct‑to‑Consumer Sale of Raw Milk for Human Consumption (Maryland)

Status: Hearing scheduled 3/10 at 11:30 a.m.
Introduced: November 21, 2024
Primary sponsor(s): Delegates Szeliga and others

Purpose / Intent

Authorize and regulate the direct‑to‑consumer sale of raw (unpasteurized) milk for human consumption by creating a new permitting program within the Maryland Department of Health (MDH). Establish public‑health‑oriented requirements for herd health, water and facility sanitation, microbiological testing, labeling, packaging, monitoring, and enforcement.

Key provisions

  • Creates a new Subtitle 5 in the Health – General Article governing “Direct‑to‑Consumer Sale of Raw Milk.”
  • Requires a permit from the Secretary of Health before a person may sell raw milk directly to consumers.
  • Permits are valid for one year and may be renewed; renewal fee equals the initial permit fee.
  • Secretary may adopt implementing regulations.

Permit eligibility and pre‑issuance requirements

Before issuing a new permit MDH must:
- Inspect the dairy farm and confirm compliance with statutory requirements.
- Receive a written veterinarian report showing the milking animal/herd is in apparent good health and free of communicable disease, brucellosis (serology) and tuberculosis (test).
- If the farm is not on a public/municipal water supply, test the farm water supply (including recirculated cooling water). Required limits: most probable number (MPN) coliforms <2.2 per 100 mL by multiple tube fermentation or ≤1 per 1000 mL by membrane filter/chromogenic technique. Plate heat exchangers/tubular coolers must have backflow prevention devices.
- Document ability to produce bacteriologically safe raw milk via a specified sampling protocol.

Microbiological sampling and ongoing monitoring

  • An MDH‑approved sampler must take three commingled bulk‑tank samples at least 7 days apart, taken unannounced, and submit them to a State‑approved lab or MDH.
  • If the first sample shows no pathogenic bacteria, the second and third need not be tested and milk is deemed bacteriologically safe.
  • If pathogenic bacteria are detected, two consecutive negative tests from samples drawn ≥7 days apart are required to reestablish safety; applicants may repeat the process until three successive compliant samples are obtained.
  • MDH must annually sample and analyze packaged raw milk before consumer delivery; if ≥2 samples exceed bacteriological limits, MDH can require a shortened sell‑by period until compliance is re‑established.

Packaging, labeling, sell‑by date, storage

  • Sale of raw milk after the printed sell‑by date is prohibited.
  • Sell‑by date generally may not be later than 17 days after the day immediately following production (subject to MDH regulation and adjusted when bacteriological limits are exceeded).
  • Temperature and bottling/packaging requirements are established (statutory text truncated in source but included in bill framework).

Enforcement, suspension, and seizure

  • MDH may inspect farms, review records, draw samples, conduct tests, and take necessary actions.
  • Secretary may suspend or revoke permits for violations. Except for immediate public‑health threats, permit suspension requires at least 5 days’ certified‑mail notice and notice of right to a hearing.
  • If pathogenic bacteria or foreign substances are detected or products are an immediate threat, MDH need not give prior notice and must request voluntary cessation of sales; failure to cease can prompt referral to the local health department (LHD), consultation with the Attorney General, permit suspension/revocation, and other actions.
  • MDH may seize, condemn, denature or destroy unsafe raw milk/raw milk products without compensation.
  • Opportunity for expedited hearing: a person whose permit is (or will be) suspended may request a hearing within 48 hours; MDH must hold the hearing within 72 hours of the request. Final decisions are appealable.

Exemptions

  • The subtitle does not apply to dairy farms with three or fewer cows or 10 or fewer goats.

Fiscal impact (from MD Legislative Services fiscal note)

  • MDH general fund expenditures estimated to increase by $573,400 in FY 2026 (personnel, equipment, testing, service contracts); ongoing costs projected at ~$459,600 in FY 2027 and rising with inflation thereafter.
  • General fund revenues increase by an indeterminate — likely minimal — amount beginning FY 2026 from permit fees.
  • Local health departments may incur increased personnel costs.
  • Small business impact: fiscal note indicates meaningful effects on small farms and sellers (new compliance, testing, recordkeeping and potential costs).

Who is affected

  • Dairy farms and individuals selling raw milk direct to consumers in Maryland (except very small farms exempted).
  • Consumers who purchase raw milk.
  • Maryland Department of Health, state‑approved laboratories, local health departments, and the Office of the Attorney General.

Procedural notes

  • Introduced Nov. 21, 2024; hearing noted for March 10 (per bill header). Fiscal and statutory language specify requirements and enforcement framework; MDH authorized to adopt regulations to implement the program.

Compiled from official sources — confirm details with the bill’s official record.

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