Current through Register Vol. 51, No. 19, September 20, 2024
A.
Pursuant to Health-General Article, § 21-304(a)(2), Annotated Code of
Maryland, a volunteer fire company or bona fide nonprofit fraternal, civic, war
veterans', religious, or charitable organization or corporation that does not
serve food to the public more often than 4 days per week, except that once a
year an organization may serve food to the public for up to 30 consecutive
days, may make:
(1) A rescindable decision to
operate as a licensed food service facility and in full compliance with this
chapter; or
(2) A decision to
operate without a license and in compliance with §§B-E of this
regulation, which establish the minimum requirements to ensure food safety at a
food preparation or serving area operated by an excluded organization without a
license.
B. The
person-in-charge shall ensure that a food preparation or service area operated
by an excluded organization without a license
(1) Complies complies with Regulations
.01-.15A(3)-(10), .16-.23, .26-.27, and .29-.39 of this chapter
(2) When serving potentially hazardous food,
serves only potentially hazardous food:
(a)
Prepared at the excluded organization; or
(b) In a licensed food
establishment.
C. During the operation of a special food
service facility, the person-in-charge of an unlicensed excluded organization
shall ensure compliance with:
(1) Regulations
.01-.06, .08, .12-.14, .15A(3)-(5), .19-.20, .22B-D, .23, .26, .29-.33, and
.35-.39 of this chapter, if the unlicensed excluded organization is a special
food service facility that:
(a) Handles only
potentially hazardous food that remains within the original container or
wrapping; and
(b) Does not prepare,
wrap, or package food at the facility; or
(2) Regulations .01-.06, .08-.14, .15A(3)-
(10), .16-.20, .22B-D, .23, .26, and .29-.39 of this chapter, if the unlicensed
excluded organization is a special food service facility that:
(a) Handles food that is removed from the
original container or wrapping; or
(b) Prepares, packs, or wraps potentially
hazardous food at the facility.
D. The person-in-charge shall ensure that an
unlicensed excluded organization does not:
(1) Operate a bed and breakfast;
(2) Operate a semi-permanent food service;
or
(3) Except as provided for in
§G of this regulation, perform retail food manufacturing.
E. The person-in-charge shall
ensure that, when an unlicensed excluded organization plans a single event to
prepare or serve potentially hazardous food to 200 or more individuals from the
public:
(1) Written notification of the event
is submitted to the approving authority not less than 30 days before the
scheduled event; and
(2) The
written notification required in §E(1) of this regulation contains:
(a) The date, place, and time of the
event;
(b) The estimated number of
individuals to be served at the event;
(c) A menu or list of foods to be
served;
(d) The source of all
potentially hazardous foods to be served;
(e) A list of foods to be prepared more than
12 hours in advance of service;
(f)
If food is to be prepared off-premises, the:
(i) Name of the facility to be used;
and
(ii) Procedures for
transporting food to the premises;
(g) The name, address, and telephone number
of a responsible contact individual; and
(h) Any other information requested by the
approving authority in order to review the food preparation and
service.
F.
The person-in-charge shall ensure that when an unlicensed excluded organization
plans to serve food to the public for up to 30 consecutive days, a written
notice is provided to the Department that includes the:
(1) Dates on which the food will be
prepared;
(2) Methods of storing
and serving food; and
(3) Methods
or procedures that will be followed to ensure food:
(a) Safety; and
(b) Security.
G. In Carroll County, a religious
organization that meets the definition of an excluded organization as set forth
in Regulation .02B(28) of this chapter, and complies with COMAR
10.15.01.09A"D
and .10A and
10.15.04.08A, or
a county-owned and county-operated park or facility that is hosting a public
festival, may offer for sale directly to the public the following types of
homemade style food, only if the food is produced at the kitchen of the
excluded organization:
(1) Fruit butter made
only from:
(a) Apples;
(b) Apricots;
(c) Grapes;
(d) Peaches;
(e) Plums; or
(f) Quince;
(2) Jam, preserve, or jelly, made only from:
(a) A fruit listed in §G(1) of this
regulation;
(b) Oranges;
(c) Nectarines;
(d) Tangerines;
(e) Blackberries;
(f) Raspberries;
(g) Blueberries;
(h) Boysenberries;
(i) Cherries;
(j) Cranberries;
(k) Strawberries; or
(l) Red currants;
(3) Fruit pies made from a fruit listed in
§G(1) and (2) of this regulation; and
(4) Honey.
