Current through Register Vol. 51, No. 19, September 20, 2024
A. The approving
authority shall require a farmer to obtain a producer mobile farmer's market
unit license as specified in COMAR 10.01.17 and 10.15.04 for the sale of a farm
product at a farmer's market or at a public event that is not:
(1) A raw agricultural product as defined in
Regulation .02B(61) of this chapter; or
(2) A pre-packaged non-potentially hazardous
food.
B. A local health
department may:
(1) Not require a farmer to
obtain a producer mobile farmer's market unit license for that local
jurisdiction; and
(2) Require a
farmer to obtain a seasonal farmer's market producer sampling license if the
farmer prepares and offers samples of a farm product for human consumption at a
farmer's market or at a public event in that local jurisdiction.
C. The approving authority shall
issue and renew licenses in accordance with Health-General Article,
§§21-309 and 21-310, Annotated Code of Maryland, and this
chapter.
D. The approving authority
may deny an application for a food service facility license in accordance with
Health-General Article, §21-311, Annotated Code of Maryland, and this
chapter.
E. A person:
(1) Shall obtain a food service facility
license before the person operates a food service facility; and
(2) May not operate a food service facility
if the person does not have a current and valid license issued by the approving
authority, except:
(a) As provided in:
(i) Health-General Article, §21-305,
Annotated Code of Maryland; and
(ii) Regulation .26A(2) of this chapter;
or
(b) A caterer:
(i) As provided in §G of this
regulation; or
(ii) When from
outside the State, that conforms to the provisions of this chapter or to
substantially equivalent provisions as indicated by a report from the caterer's
licensing agency to the approving authority indicating that the facility is
licensed and inspected in the jurisdiction where the food service facility is
located.
F. The person-in-charge shall ensure that:
(1) Application for a food service facility
license is submitted in accordance with Health-General Article,
§§21-306 and 21-307, Annotated Code of Maryland;
(2) A valid license is displayed in a
conspicuous place in the food service facility; and
(3) When catering services are offered, the
food service facility license number and the identity of the issuer of the
number are located:
(a) On advertising and
business cards;
(b) In published
print media;
(c) On
flyers;
(d) In brochures;
(e) On vehicles used in connection with
catering services;
(f) On contracts
for catering services;
(g) In
telephone directories; and
(h) In
or on any other advertising and solicitations.
G. The approving authority may not require a
caterer licensed in Maryland to obtain a separate license for each catered
event, including events across jurisdictional lines within the State, when the:
(1) Major food preparation for the event is
completed at the caterer's food service facility, including:
(a) Thawing potentially hazardous
food;
(b) Cooking potentially
hazardous food, except at outdoor barbecues when the food will be immediately
consumed or discarded;
(c) Cooling
potentially hazardous food; or
(d)
Preparing salads that contain potentially hazardous foods; and
(2) Event is at a location other
than the caterer's food service facility if the caterer and location comply
with Regulations .01-.06, .08-.14, .15A(3)-(8), and .18I and L of this
chapter.
H. Except as
provided in §I of this regulation, a license may not be transferred from
one person to another person or from one food service facility to
another.
I. Upon the death of a
licensee, the approving authority may transfer a food service facility license
if:
(1) An application is filed in accordance
with Health-General Article, §21-306, Annotated Code of Maryland;
and
(2) Written evidence
establishes that the applicant's relationship with the deceased was as a:
(a) Spouse of the deceased
licensee;
(b) Blood relative to the
first degree of consanguinity; or
(c) Current officer or surviving partner in
the business operating the food service facility.
J. A local health department:
(1) Shall issue a mobile reciprocity license:
(a) In accordance with Health-General
Article, § 21-304, Annotated Code of Maryland;
(b) To a mobile food service facility that:
(i) Holds a valid license from the county of
origin;
(ii) Is operating in the
jurisdiction; and
(iii) Is
operating within 90 miles of its base of operations, which shall be located in
Maryland.
(2)
Shall provide copies of inspection or other supporting documentation for a
mobile food service facility with a base of operations within the jurisdiction
of the local health department to the jurisdiction in which the mobile food
service facility is seeking a mobile reciprocity license;
(3) May inspect the mobile food service
facility during operation in the jurisdiction after a mobile reciprocity
license has been issued;
(4) May
suspend a mobile reciprocity license for not maintaining a valid license from
the county of origin until such time that the county of origin license is
renewed;
(5) May issue a violation
of this regulation as set forth in Regulation .35 of this chapter;
and
(6) Shall notify all known
Maryland jurisdictions which license the mobile food service facility if:
(a) Any fines are issued to a mobile
reciprocity licensee; or
(b)
Enforcement action is taken against a mobile reciprocity licensee under
§J(3) of this regulation.
K. A mobile reciprocity license:
(1) May not exceed $300; and
(2) Is valid for a period of 1
year.
