Current through Register Vol. 51, No. 19, September 20, 2024
A. The
person-in-charge shall permit a representative of the Department to:
(1) Enter a food processing plant at a
reasonable time for the purpose of making inspections to determine compliance
with this chapter; and
(2) Examine
the records of the facility that pertain to information regarding food and
supplies:
(a) Purchased;
(b) Received;
(c) Manufactured;
(d) Sold; or
(e) Distributed.
B. The person-in-charge shall
inform the Department of a food ingredient or a recipe that the
person-in-charge considers a trade secret, except as provided in §C of
this regulation.
C. The
person-in-charge shall provide information to the Department regarding a food
ingredient or recipe that the person-in-charge considers a trade secret if:
(1) An immediate and substantial danger to
public health exists involving the food ingredient or recipe; or
(2) The Department determines that the
information about the food ingredient or recipe is necessary to conduct a
foodborne disease investigation.
D. The person-in-charge shall ensure that:
(1) Compliance with this chapter is
continuous;
(2) Violations are
corrected within the time for correction given by the Department;
(3) When a violation of a critical item
exists:
(a) The violation is corrected
immediately;
(b) Food processing
affected by the critical item violation ceases; or
(c) The food processing plant is closed
immediately; and
(4) For
a food processing plant that operates seasonally or intermittently, inspection
and regulation by the Department is facilitated by notifying the Department of:
(a) The dates and times of operation;
or
(b) Information necessary to
ensure that the Department has the opportunity to inspect the food processing
plant during plant operation.
E. The Department shall maintain the
confidentiality of trade secret information in accordance with General
Provisions Article, §4-335, and
Health-General Article, §21-259, Annotated Code of Maryland.
F. When an inspection of a food processing
plant is made, the Department shall:
(1)
Complete an inspection report that identifies the:
(a) Conditions found that violate the
provisions of this chapter; and
(b)
Critical item violations, noted separately from all other
violations;
(2) Provide a
copy of the inspection report to the person-in-charge of the plant;
and
(3) Make the completed
inspection report form available for public disclosure in accordance with
General Provisions Article, §§4-101 -4-104,
4-201-4-206, 4-301-4-362, and 4-501-4-503, Annotated Code of
Maryland.
G. The
Department shall ensure that a food processing plant is inspected:
(1) As determined by the Department or by
statute for the enforcement of this chapter;
(2) At a minimum of the frequency required by
COMAR 10.15.07.01 for any shellfish:
(a) Shucker-packer; or
(b) Repacker;
(3) At a minimum of two times per year for
any shellfish:
(a) Shipper; or
(b) Reshipper;
(4) At another frequency for shellfish
required by COMAR
10.15.07.01; or
(5) When a:
(a) High priority plant, at a minimum of once
per 12 months;
(b) Moderate
priority plant, at a minimum of once per 24 months; and
(c) Low priority plant, at a minimum of once
every 36 months.
