Md. Code Regs. 08.02.08.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.02.08.02 - Buying Station

A. Definitions.

(1) Notwithstanding Natural Resources Article, §4-1007, Annotated Code of Maryland, in this subtitle, the following term has the meaning indicated.

(2) Term Defined. "Buying station" means a location where a person buys, processes, packs, or otherwise deals in oysters, soft-shell clams, or hard-shell clams for resale and the person purchasing oysters, soft-shell clams, or hard-shell clams for resale:

(a) Possesses a valid seafood dealer authorization in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

(b) Is licensed and certified by the Department of Health and Mental Hygiene in accordance with COMAR 10.15.07.

B. A person may only sell oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams at a:

(1) Buying station; or

(2) Location other than a buying station if:

(a) The person selling the oysters or clams is:

(i) Licensed and authorized to sell the person's own catch in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

(ii) Licensed and certified by the Department of Health and Mental Hygiene in accordance with COMAR 10.15.07; and

(b) The oysters or clams are sold or served to ultimate consumers, and not for resale.

Md. Code Regs. 08.02.08.02

Regulations .02 amended effective August 15, 1983 (10:16 Md. R. 1450)
Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1143); emergency status expired January 9, 2012
Regulation .02 amended effective January 9, 2012 (38:27 Md. R. 1763); amended effective 50:22 Md. R. 973, eff. 11/13/2023