Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 15 - FOOD
Chapter 10.15.03 - Food Service Facilities
Section 10.15.03.30 - Food Service Facility Inspections-Types and Frequencies
Universal Citation: MD Code Reg 10.15.03.30
Current through Register Vol. 51, No. 19, September 20, 2024
The approving authority shall ensure that:
A. The following types of inspections are conducted:
(1) A comprehensive inspection that
contains:
(a) A monitoring inspection as set
forth in §A(2) of this regulation;
(b) A HACCP compliance inspection as set
forth in §A(3) of this regulation; and
(c) An inspection of the physical facility to
ensure compliance with the applicable sections of this chapter, including those
governing:
(i) Floors;
(ii) Walls;
(iii) Ceilings;
(iv) Lighting;
(v) Ventilation;
(vi) Hoods;
(vii) Food equipment;
(viii) Toxic substances and cleaning supplies
storage and use;
(ix) Cleaning,
rinsing, and sanitizing;
(x)
Mechanical warewashers;
(xi)
Insects, rodents, birds, or other animals;
(xii) Trash disposal;
(xiii) Hand sinks;
(xiv) Bathroom fixtures; and
(xv) Backflow and backsiphonage
prevention;
(2) A monitoring inspection that contains:
(a) An inspection for compliance with
critical items as:
(i) Defined in Regulation
.02B(19) of this chapter; and
(ii)
Outlined in §C of this regulation;
(b) A menu review to determine whether the
existing priority assessment is correct; and
(c) An evaluation of the physical facility to
ensure that food is protected; and
(3) A HACCP compliance inspection that
contains:
(a) An inspection for compliance
with Regulation .34 of this chapter;
(b) A comparison of the HACCP plan on site to
the current menu;
(c) An evaluation
of the food preparation in progress to ensure that each CCP:
(i) Is properly identified;
(ii) Is monitored according to the procedures
contained in the HACCP plan; and
(iii) Has a corrective action that is
implemented according to procedures contained in the HACCP plan;
(d) Verification that the
procedures used to monitor each CCP are accurate; and
(e) Action to:
(i) Enforce compliance with the HACCP plan;
or
(ii) Have the existing HACCP
plan revised to comply with Regulation .33E and F of this chapter;
B. The person-in-charge is in compliance with critical items when the person-in-charge:
(1) Receives food from
approved sources;
(2) Protects food
from adulteration;
(3) Ensures that
an individual who works with food:
(a) Washes
hands as necessary to protect food and food contact surfaces from
contamination; and
(b) Is excluded
if ill as set forth in Regulation .14A and B of this chapter;
(4) Cools potentially hazardous
food:
(a) As set forth in Regulation .11A-C
of this chapter; and
(b) In
equipment that complies with Regulation .15 of this chapter;
(5) Maintains potentially
hazardous food:
(a) Hot:
(i) At hot holding temperatures as set forth
in Regulation .06B(7) of this chapter; and
(ii) In equipment that complies with
Regulation .15 of this chapter; or
(b) Cold:
(i) At refrigeration temperatures as set
forth in Regulation .06B(7) of this chapter; and
(ii) In equipment that complies with
Regulation .15 of this chapter;
(6) Cooks and reheats potentially hazardous
food:
(a) As set forth in Regulations .10 and
.11D of this chapter; and
(b) In
equipment that complies with Regulation .15 of this chapter;
(7) Provides an adequate supply of
potable water for:
(a) Food
preparation;
(b) Hand
washing;
(c) Utensil
washing;
(d) Toilet facilities;
and
(e) Facility sanitation;
and
(8) Properly
discharges sewage as set forth in Regulation .18F and G of this
chapter;
C. A food service facility is inspected:
(1) As needed
for the enforcement of this chapter;
(2) When a high priority food service
facility:
(a) At a minimum frequency of three
times per year, one at every 4-month interval;
(b) Except as provided in §D of this
regulation, using:
(i) A comprehensive
inspection; and
(ii) Two monitoring
inspections; and
(c)
That operates fewer than 12 months in a year, using one comprehensive
inspection:
(i) Per operating season if the
operating season is less than 4 months; or
(ii) During each 4 month interval if the
operating season is 4 months or greater;
(3) When a moderate priority food service
facility:
(a) At a minimum of two times per
year, one every 6 months;
(b)
Except as provided in §D of this regulation, using:
(i) A comprehensive inspection; and
(ii) A monitoring inspection; and
(c) That operates fewer than 12
months a year, using a comprehensive inspection during each period of 6 months
or less;
(4) When a low
priority food service facility, using a comprehensive inspection at a minimum
of once every 2 years except that a HACCP compliance inspection is not
required;
(5) When a temporary food
service facility, using a monitoring inspection as set forth in Regulation
.30A(2) of this chapter during each licensure period; and
(6) When a seasonal farmer's market producer
sampling food service facility, using a monitoring inspection:
(a) A minimum of two times per year, once
every 6-month interval;
(b) Except
as provided in §D of this regulation; and
(c) That operates fewer than 12 months in a
year:
(i) Per operating season if the
operating season is less than 6 months; or
(ii) During each 6-month interval if the
operating season is 6 months or greater; and
D. A food service facility is inspected as soon as possible when the food service facility has been associated with foodborne illness, using a:
(1) HACCP compliance inspection that focuses
on the food implicated with illness; and
(2) Upon completion of the HACCP compliance
inspection, either a:
(a) Comprehensive
inspection; or
(b) Monitoring
inspection.
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