Maryland Administrative Code

.19 Parevine. A. Description. (1) Parevine is the food which is prepared by freezing while stirring, a pasteurized mix composed of one or more edible vegetable oils or fats, protein and carbohydrate food ingredients from other than milk or meat sources, nutritive sweeteners other…

.19-1 Lowfat Parevine. A. Description. “Lowfat parevine” means food which meets all of the requirements of Regulation .19, of this chapter, relating to parevine except its fat content shall be not more than 6.0 percent. The sign required by Regulation .19A(4), of this chapter, sh…

.20 Lo-Mel. A. Description. (1) “Lo-mel” means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mixture of edible fats or oils other than milkfat, milk solids not fat, water, optional sweetening ingredients as a…

.20-1 Lactose Reduced Ice Cream. A. Description. “Lactose reduced ice cream” means the product resulting from the treatment of ice cream, as defined in Regulation .01-1 of this chapter, by the addition of a safe and suitable enzyme, or enzymes, so that the lactose remaining is 30…

.20-2 Lactose Reduced Ice Milk. A. Description. “Lactose reduced ice milk” means the product resulting from the treatment of ice milk, as defined in Regulation .02, of this chapter, by the addition of a safe and suitable enzyme, or enzymes, so that the lactose remaining is 30 per…

.20-3 Frozen Pudding. A. Description. “Frozen pudding” means the product made from a pasteurized mix, intended to be eaten in the frozen state. The mix may be composed of milk and milk products, modified or unmodified food starch, sweetening agents, harmless natural or artificial…

.21 Definitions. A. In Regulations .21 — .34 of this chapter the following terms have the meanings indicated. B. Terms Defined. (1) “Adulterated”. Frozen desserts or frozen desserts mix shall be deemed to be adulterated if: (a) It bears or contains any poisonous or deleterious su…

.22 Quality of Milk Products Used in Frozen Desserts. All milk products used in frozen desserts shall be derived from Grade “A” milk or milk products as defined in COMAR 10.15.06.02 or manufactured grade milk or milk products as defined in COMAR 10.15.09.02. Cross References 10.1…

.23 Adulterated or Misbranded Milk Products, Frozen Desserts or Frozen Desserts Mix. A. A person may not manufacture, freeze, sell, offer or expose for sale, or have in his possession with the intent to sell any milk product, frozen dessert ingredients, frozen dessert mix which i…

.24 Labeling. A. All labeling shall comply with the regulations promulgated under the Fair Packaging and Labeling Act and the Federal Food, Drug and Cosmetic Act, as contained in the Code of Federal Regulations, Title 21 Food and Drugs, and in addition shall contain: (1) The name…

.25 Quality Standards and Examination of Frozen Desserts Ingredients, Frozen Desserts, and Frozen Desserts Mix. A. All milk and milk products used as ingredients in frozen desserts and frozen desserts mix shall be produced, processed, and pasteurized to conform with the following…

.26 Frozen Desserts Plants — Construction Requirements. A. Floors — Construction. (1) The floors of all rooms shall be kept in good repair subject to the following provisions: (a) Rooms used for storing milk products or frozen desserts ingredients need not be provided with floor …

.26-1 Frozen Desserts Plants — Water and Sanitation Requirements. A. Toilet-Sewage Disposal Facilities. (1) A frozen desserts plant shall provide toilet facilities. (2) Toilet rooms may not open directly into any room in which milk products, frozen dessert ingredients, or frozen …

.26-2 Frozen Desserts Plants — Operation and Transportation Requirements. A. Packaging, Overflow, and Spillage. (1) Packaging. (a) The filling of frozen desserts containers shall be done only by approved mechanical equipment or by methods which preclude contamination. (b) Frozen …

.27 Inspection of Frozen Dessert Plants. A. Upon application for a frozen desserts license, every plant shall be inspected to determine compliance with these regulations. Following the issuance of a license, every plant shall be inspected at least once every 3 months. B. If viola…

.28 License. A. Before engaging in the business of manufacturing any frozen desserts mix or frozen dessert regardless of the name under which the product is sold, every person shall first obtain a license from the Maryland Department of Health, Office of Environmental Programs, D…

.29 Sampling, Enforcement, and Reinstatement of License. A. Frequency of Sampling. Pursuant to Health-General Article, §21-804, Annotated Code of Maryland, during any consecutive 6-month period at least two samples of frozen desserts mix and frozen desserts shall be taken from ea…

.30 Frozen Desserts and Frozen Desserts Mix Which May Be Sold. Only frozen desserts and frozen desserts mix manufactured by a licensed wholesale frozen desserts manufacturer or retail frozen desserts manufacturer shall be sold to the final consumer, or to restaurants, soda founta…

.31 Future Frozen Desserts Plants: Submission of Plans. Properly prepared plans for all frozen desserts plants regulated under these regulations, which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the Secretary for written approval befor…

.32 Personnel Health. A. A person affected with any disease in a communicable form, or who is a carrier of a communicable disease, may not work at any frozen desserts plant in any capacity which brings him in contact with the production, handling, storage, or transportation of mi…

.33 Procedure when Infection is Suspected. When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk, milk products, other than frozen dessert ingredients, frozen desserts, or frozen desserts mix, the …

.34 Dispensing Freezers When Used in Food Service Facilities. When a dispensing freezer is used in a food service facility, it shall be exempt from the provisions of Regulations .22 — .24, .26 — .33, and .35 of this chapter. The operation and maintenance of this equipment shall c…

.35 Retail Frozen Desserts Manufacturers. Retail frozen dessert manufacturers shall be exempt from the provisions of Regulations .22—.24, .26—.27 and .31—.33 under this chapter. The sanitation requirements and operation and maintenance of equipment of retail frozen dessert manufa…

.01 Scope. This chapter: A. Governs permits for the sale of Grade “A” milk and milk products, as set forth in Health-General Article, Title 21, Subtitle 4, Annotated Code of Maryland; B. Requires a permit for the sale of Grade “A” milk and milk products; C. Regulates the inspecti…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Bobtailer” means a person who operates or controls a Grade “A” milk route, and distributes Grade “A” pasteurized milk products that the person buys from a Grade “A” distri…

.03 Incorporation by Reference. In this chapter the following documents are incorporated by reference: A. Grade “A” Pasteurized Milk Ordinance, 20239evision (U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration); B. Federal Food, Drug,…

.04 General Requirements. A. The Department shall ensure that all inspections, sampling, testing, and enforcement actions performed by the State are carried out as set forth at and in compliance with the standards, requirements, and procedures specified at: (1) Health-General Art…

.05 Standards for Milk Products. A. A permittee shall ensure that all raw milk for pasteurization and all pasteurized milk and milk products conform to the standards, requirements, and procedures established by the: (1) Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§341—350f; …

.06 Permits Required. A. Under Health-General Article, §§21-410 and 21-412, Annotated Code of Maryland, a person shall obtain a permit from the Department and pay the required fee, as specified in COMAR 10.01.17, to the Department before that person may: (1) Be a: (a) Bobtailer; …

.07 Inspection and Evaluation of Milk Production and Transportation. A. Under the standards set forth in the Grade “A” Pasteurized Milk Ordinance, the Secretary shall inspect: (1) A milk tank truck; (2) A milk producer; (3) A seasonal milk producer; (4) A transfer station; (5) A …

.08 Improper Handling of Milk Products. A. Under Health-General Article, §21-428, Annotated Code of Maryland, and to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, the Secretary shall impound Grade A milk or milk products intended for human consumption due t…

.09 Labeling of Milk. A permittee shall ensure that milk product labels conform to the standards and requirements established by the: A. Federal Food, Drug, and Cosmetic Act, 21 U.S.C., §§341—350f; B. Nutrition Labeling and Education Act of 1990 (Public Law 101-535); C. Grade “A”…

.10 Dating of Grade “A” Fluid Milk. A. Unless approved by the Department as described in §B of this regulation, a person may not sell, deliver, or offer Grade “A” milk or milk products that are cooled to, packaged, and stored at 45°F or less for sale after 18 days from the date o…

.11 Sale and Handling of Milk by Food Service Facilities. A. Except as provided in §B of this regulation, a person may not offer Grade “A” fluid milk for sale beyond the sell-by date. B. The following establishments may use or serve Grade “A” fluid milk up to 4 days beyond the se…

.12 Sale of Raw Milk. A. Under Health-General Article, §21-434, Annotated Code of Maryland, a person may not sell raw milk for human consumption. B. A permitted milk producer may sell raw milk from the milk producer’s dairy farm only to a permitted: (1) Receiving station; (2) Tra…

.13 Dairy Farm Construction and Plan Submission. Pursuant to the standards set forth in the Grade “A” Pasteurized Milk Ordinance, for construction, reconstruction, or extensive alteration of a dairy farm, a person shall submit to the Department: A. A plan and specifications befor…

.14 Dairy Farm Requirements. A milk producer shall ensure that: A. Construction of all equipment, milking barns, stables, parlors, milk houses, and each animal housing area complies with the requirements of the Grade “A” Pasteurized Milk Ordinance and Regulation .13 of this chapt…

.15 Milk Facility Construction and Plan Submission. Under the standards set forth in the Grade “A” Pasteurized Milk Ordinance, for construction, reconstruction, or extensive alteration of a milk facility, a person shall submit to the Department: A. Plans and specifications before…

.16 Milk Physical Plant Requirements. A. Water used at a milk facility shall: (1) Be obtained from a potable water supply system that complies with: (a) Environment Article, Title 9, Annotated Code of Maryland; (b) COMAR 26.04.04; and (c) The Grade “A” Pasteurized Milk Ordinance;…

.17 Plan Review Approval. A. An applicant may not construct, reconstruct, or extensively alter a plant without prior plan approval from the Department. B. An applicant for a permit shall submit a plan to the Department that includes the requirements set forth in Regulations .13—.…

.18 Confidentiality. The Department shall maintain confidentiality of records submitted by a person in accordance with General Provisions Article, §4-335, Annotated Code of Maryland.

.19 Suspension and Revocation of Permits. A. When a permittee is found in violation of this chapter and the Grade “A” Pasteurized Milk Ordinance, the Secretary may suspend or revoke a permit as set forth in this regulation and Health-General Article, §21-211, 21-418, or 21-419, A…

.20 Appeals Process. In accordance with the Administrative Procedures Act and Health-General Article, §21-419, Annotated Code of Maryland, the Department shall ensure that an opportunity for a hearing is provided to a permittee whose plan review or permit has been: A. Denied; B. …

.01 Incorporation by Reference. In this chapter, the following documents are incorporated by reference: A. National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2023 Revision (US Food and Drug Administration), Section I. Purpose & Definitions a…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Dealer” means a person who is issued a certificate by the Department for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor…

.03 Compliance with Other Chapters. A. The person-in-charge shall ensure that shellfish are processed and the facilities and equipment of a shellfish plant are designed, operated, and maintained in compliance with: (1) This chapter; (2) COMAR 10.15.04 and 10.15.10; and (3) The Na…

.04 Licenses and Certifications. A. Except for a licensed harvester delivering the harvester's catch to a certified dealer on the day of harvest, a person may not offer shellfish for sale in-State or interstate unless the person is licensed and certified in accordance with this c…