Current through Register Vol. 51, No. 19, September 20, 2024
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 commercially prepackaged food or
ready-to-eat food;
(2) Be
prepackaged in tamper-evident packaging; and
(3) Contain all the following information on
the packaging label:
(a) Nutrition information
required by the federal Food, Drug, and Cosmetic Act;
(b) A freshness or expiration date;
and
(c) Any other information
required by Maryland law.
C. Refrigerated or frozen food sold at a
micro market shall be stored and displayed in a refrigerator, refrigerated
cooler, or freezer that:
(1) Maintains an
internal temperature of 41°F or lower;
(2) Has self-closing doors;
(3) Has doors that allow the food on display
to be viewed without opening the door to the refrigerator, refrigerated cooler,
or freezer; and
(4) Has an
automated self-locking feature that prevents a consumer from accessing the food
on the occurrence of any condition that results in the failure of the
refrigerator, refrigerated cooler, or freezer to maintain the internal
temperature required under Regulation .06 of this chapter.
D. Signage and Notice. The owner or operator
of a micro market shall post a sign that is clearly visible to the consumer
near the micro market entryway or while using the electronic payment device
that includes the following information:
(1)
The name of the owner or operator of the micro market to whom complaints and
comments regarding the micro market may be addressed;
(2) The business mailing address of the owner
or operator;
(3) The business
telephone number of the owner or operator; and
(4) The email address and website address of
the owner or operator, if applicable.
E. Security. The owner or operator of a micro
market:
(1) May secure the products and
premises of a micro market by the use of video surveillance that:
(a) Operates 24 hours per day, 7 days per
week;
(b) Records consumers
viewing, selecting, handling, and purchasing products from the micro market;
and
(c) Provides sufficient
resolution to identify consumers described in §E(1)(b) of this regulation;
and
(2) Shall ensure
that video surveillance recordings made under §E(1) of this regulation
are:
(a) Maintained by the owner for 14 days
after the date of the video recording; and
(b) Made available for inspection by the
appropriate health or law enforcement agency on the request of the agency
within 24 hours from the time the request is received by the owner or
operator.
F.
Record Keeping. The owner or operator of a micro market shall ensure that:
(1) In the event of a failure of an automated
self-locking unit, records are kept for:
(a)
The repair or replacement of the failed unit in the form of receipts or a
completed service order; and
(b)
All products in the unit at the time of the failure and include:
(i) Product description; and
(ii) Quantity of products discarded or
destroyed;
(2) Service receipts for the repair or
replacement of the failed unit and product destruction shall be kept for a
minimum of 90 days; and
(3) All
records are available for review upon request.
