Maryland Administrative Code

.33 Plan Review. A. The person-in-charge shall ensure that plans and specifications are submitted to and approved by the approving authority before a food establishment is: (1) Constructed; (2) Remodeled; or (3) Materially altered. B. The person-in-charge shall ensure that the in…

.34 HACCP Plan Compliance. The person-in-charge of a high or moderate priority food service facility shall ensure that: A. A HACCP plan is: (1) In compliance with Regulation .33E and F of this chapter; (2) Within the food preparation area during operation; (3) Readily accessible …

.35 Enforcement Procedures. A. The approving authority shall ensure that when a food service facility is found in violation of any provision of this chapter, the licensee is notified: (1) Of the specific findings; (2) Of a specific date by which the licensee shall correct the vio…

.36 Foodborne Disease Investigation and Control. The approving authority shall ensure that: A. When there is reasonable cause to suspect foodborne disease transmission from a food service facility employee: (1) A morbidity history of the suspected employee is taken; (2) An invest…

.37 Sampling, Detention, and Condemnation of Food. The approving authority shall: A. Sample and examine food as often as necessary for enforcement of this chapter; B. Sample food in accordance with Health-General Article, §§21-249 and 21-251, Annotated Code of Maryland; and C. Ta…

.38 Penalties. A person who violates any of the provisions of this chapter or refuses, neglects, or fails to comply with the provisions and requirements of this chapter is subject to: A. Penalties, fines, and imprisonment as set forth in Health-General Article, §§21-1214 and 21-1…

.39 Federal Compliance. In addition to the other requirements set forth in this chapter, the person in charge shall ensure that the food service facility meets all of the requirements applicable to food sources, storage, preparation, and service that are set forth at: A. 21 CFR, …

.40 Micro Markets. A. The owner or operator of a micro market may not be required to have a person-in-charge present during the hours of operation of the micro market if the micro market meets the requirements of this regulation. B. Food sold at a micro market shall: (1) Be comme…

.01 Scope. This chapter: A. Provides the minimum food safety and sanitation requirements for food processing plants, including warehouses and transfer stations, and the transportation of food; B. Is not intended to govern a meat processing plant that solely processes meat product…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Adulterated Food. (a) “Adulterated food” has the meaning stated in Health-General Article, §21-207, Annotated Code of Maryland. (b) “Adulterated food” includes food that is…

.03 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 9 CFR, as amended; (2) 21 CFR, as amended; (3) 21 U.S.C. §343, as amended; (4) 21 U.S.C. §§451 — 471, as amended; and (5) 21 U.S.C. §§601 — 69…

.04 Compliance with Other Chapters. The person-in-charge shall manufacture, process, pack/repack, label, store, or distribute food and design, operate, and maintain a food processing plant and the facilities and equipment associated with a food processing plant in compliance with…

.05 Personnel. The person-in-charge shall ensure that: A. Individuals do not cause contamination of: (1) Food; (2) Food-contact surfaces; and (3) Food-packaging material; B. Individuals are excluded from working with food, food-contact surfaces, and food-packaging materials: (1) …

.06 General Record Keeping. The person-in-charge shall ensure that all required records: A. Be kept as original records, true copies, or electronic records; B. Identify the name and location of the food processing plant; C. Contain the time and date the activity was performed and…

.07 Food Protection, Processes, and Controls. The person-in-charge shall ensure that: A. All food and food ingredients processed in a food processing plant: (1) Are from an approved source; (2) Are GRAS; (3) If applicable, conform to a standard of identity, as defined in 21 CFR P…

.08 Hazard Analysis and Risk-Based Preventive Controls. The person-in-charge: A. Is exempt from this regulation if: (1) They meet the definition of a qualified facility in 21 CFR §117.3; or (2) They meet the qualifications defined in: (a) 21 CFR §§117.5—117.8; (b) 21 CFR §117.201…

.09 Plant and Grounds. The person-in-charge shall ensure that: A. The food processing plant and grounds around a food processing plant are: (1) Maintained free of attractants, breeding places, or harborage for pests and insects, including: (a) Unused equipment; (b) Debris; (c) Li…

.10 Equipment and Utensils. The person-in-charge shall ensure that: A. Except as provided in §§B and M of this regulation, equipment and utensils meet one or more of the following sanitation design standards: (1) National Sanitation Foundation (NSF); (2) The ETL SEMKO division of…

.11 Sanitary Operation. The person-in-charge shall ensure that: A. All food processing, food storage, and food-packaging storage areas are maintained in a clean and sanitary manner; B. Equipment is used and maintained to avoid contamination and allergen cross-contact of food; C. …

.12 Sanitary Facilities and Controls. The person-in-charge shall ensure that: A. The water supply is adequate for the operations intended and is: (1) From an approved potable source; (2) At an adequate temperature; (3) Under adequate pressure; and (4) Protected against backflow; …

.13 Labeling. A. In accordance with Health-General Article, §21-212, Annotated Code of Maryland, a federal rule that exempts a food from label requirements is effective automatically in the State. B. The person-in-charge shall ensure that: (1) Except as provided in §A of this reg…

.14 Facility Process and Plan Review. A. The person-in-charge shall ensure that plans and specifications are submitted to the Department: (1) Before: (a) A food processing plant is: (i) Constructed; (ii) Remodeled; or (iii) Materially altered; (b) An existing building or structur…

.15 On-Farm Home Processing. A. The Department may issue a food processing plant license to an individual who owns, leases, rents, or resides on a farm to process food in a home or domestic kitchen, located on the individual’s farm, as set forth in this regulation. B. While opera…

.16 Producer Mobile Farmer’s Market Unit. A. The Department may issue a food processing plant license to operate a producer mobile farmer’s market unit to transport for sale at a farmer’s market, public festival, or public event, TCS food products: (1) Produced or stored on the f…

.17 Animal Slaughtering, Meat Processing, and Poultry Processing. A person that slaughters animals and processes meat shall ensure that: A. Animal slaughtering, meat processing, poultry processing, meat sales, and poultry sales are regulated and inspected in conformance with the …

.18 Licensing. A. In order to operate a food processing plant, a person shall obtain a food processing license pursuant to the provisions of: (1) Health-General Article, §§21-211 and 21-305, Annotated Code of Maryland; and (2) This chapter. B. The Department shall specify on the …

.19 Vacant. Cross References 10.15.03.02B(30)(a)(iii) 10.15.03.27B(5)

.20 Inspections. A. The person-in-charge shall permit a representative of the Department to: (1) Enter a food processing plant at a reasonable time for the purpose of making inspections to determine compliance with this chapter; and (2) Examine the records of the facility that pe…

.21 Enforcement. A. The approving authority shall ensure that when a food processing plant is found in violation of any provision of this chapter, the licensee is notified: (1) Of the specific: (a) Findings; and (b) Date by which the licensee shall correct the violations or defic…

.22 Foodborne Disease Investigation and Control. The approving authority shall ensure that: A. When there is reasonable cause to suspect foodborne disease transmission or an outbreak from a food processed or distributed by a food processing plant, an inspection of the plant is co…

.23 Traceability, Sampling, and Detention. A. The person-in-charge shall ensure that: (1) Records are maintained that allow for traceability of food or food ingredients received by the food processing plant that include the: (a) Date received; and (b) Previous source’s: (i) Name;…

.01 Incorporation by Reference. The Grade “A” Pasteurized Milk Ordinance, 2015 Revision (U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration), Item 10p., Item 11p., Appendix H, Appendix I, and Appendix N only, is incorporated by refer…

.01-1 Ice Cream and Frozen Custard. Ice cream and frozen custard are the foods prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.110, Ice Cream and F…

.02 Ice Milk. A. Ice milk is the food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.120, Ice Milk. B. Ice milk shall be offered for sale, sold, o…

.03 Mellorine. A. Mellorine is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.130, Mellorine. B. Mellorine shall be sold, held, offered for…

.04 Sherbet. Sherbet is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.140, Sherbet.

.05 Water Ices. Water ices are the foods each of which is prepared from the ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21, Food and Drugs, Part 135.160, Water Ices.

.06 Goat Milk Ice Cream. A. Description. Goat milk ice cream is the food prepared from the same ingredients and in the same manner, including the requirements for label statements of optional ingredients, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Par…

.07 Goat Milk Ice Milk. A. Description. Goat milk ice milk is the food prepared from the same ingredients and in the same manner, including the requirements for label statements of optional ingredients, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part …

.08 Frozen Yogurt. A. Description. Frozen yogurt is the food prepared by freezing while stirring a pasteurized mix consisting of the same ingredients permitted for ice cream in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.110. These ingredients are cultured …

.09 Lowfat Frozen Yogurt. A. Description. Lowfat frozen yogurt is the food prepared from the same ingredients and in the same manner prescribed in Regulation .08 of this chapter. Lowfat frozen yogurt, exclusive of any flavorings, shall contain not less than .5 percent or more tha…

.10 Nonfat Frozen Yogurt. A. Description. Nonfat frozen yogurt is the food prepared from the same ingredients and in the same manner prescribed in Regulation .08 of this chapter. Nonfat frozen yogurt, exclusive of any flavorings, shall contain less than .5 percent milkfat. B. Nom…

.11 Quiescently Frozen Confection. A. Description. Quiescently frozen confection means the frozen product made from sweetening agents, harmless natural or artificial flavoring, and water, and it may contain milk solids, harmless coloring, organic acids, and any safe and suitable …

.12 Quiescently Frozen Dairy Confection. A. Description. Quiescently frozen dairy confection means the frozen product made from milk products, sweetening agents, harmless natural or artificial flavoring, and water, and it may contain harmless coloring, and any safe and suitable f…

.13 Frozen Dietary Dairy Dessert. A. Description. Frozen dietary dairy dessert means a frozen dessert prepared for persons who wish to restrict their intake of ordinary sweetening ingredients. It is produced by freezing while stirring a pasteurized mix consisting of the ingredien…

.14 Dietary Frozen Dessert or Lowfat Frozen Dairy Desserts. A. Description. (1) Dietary frozen dessert or lowfat frozen dairy dessert is the food prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in Regulation .01-1 of thi…

.15 Non-fruit Sherbet. A. Description. Non-fruit sherbet is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.140 Sherbet, except that the foo…