Current through Register Vol. 51, No. 19, September 20, 2024
A. In order to
operate a food processing plant, a person shall obtain a food processing
license pursuant to the provisions of:
(1)
Health-General Article, §§21-211 and 21-305, Annotated Code of
Maryland; and
(2) This
chapter.
B. The
Department shall specify on the food processing license what foods or food
types the licensee is authorized to process.
C. The Department shall deny an application
for a license if the applicant:
(1) Does not
meet the requirements of:
(a) Health-General
Article, §21-211, or Title 21, Subtitle 3, Annotated Code of Maryland;
or
(b) A regulation promulgated
under Health-General Article, §21-211, or Title 21, Subtitle 3, Annotated
Code of Maryland; or
(2)
Fraudulently or deceptively attempts to obtain a license.
D. The Department may suspend or revoke a
license if the licensee:
(1) Violates or fails
to meet the requirements of §C of this regulation; or
(2) Fraudulently or deceptively obtains a
license.
E. The
Department may deny an application for a food processing plant license and may
suspend or revoke a license pursuant to the provisions of:
(1) Health-General Article,
§§21-211, 21-311, and 21-314-21-317, Annotated Code of Maryland;
and
(2) State Government Article,
§10-226, Annotated
Code of Maryland.
F. The
person-in-charge shall ensure that:
(1) Food
is not processed without the license required by Health-General Article,
§21-305, Annotated Code of Maryland;
(2) The required food processing license is
conspicuously posted in the plant; and
(3) The processing operations in the plant
are limited to the food type or types specified on the license pursuant to
§B of this regulation.
G. Except as provided in §H of this
regulation, a license may not be transferred from one person to another person
or from one food processing plant to another.
H. On the death of a licensee, the approving
authority may transfer a food processing plant 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 processing plant.
