Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 15 - FOOD
Chapter 10.15.04 - Food and Drink Processing and Transportation
Section 10.15.04.21 - Enforcement

Universal Citation: MD Code Reg 10.15.04.21

Current through Register Vol. 51, No. 19, September 20, 2024

A. The approving authority shall ensure that when a food processing plant is found in violation of any provision of this chapter, the licensee is notified:

(1) Of the specific:
(a) Findings; and

(b) Date by which the licensee shall correct the violations or deficiencies; and

(2) That, if the licensee fails to correct the violation by the date specified, the approving authority may suspend or revoke the license.

B. When a person is violating any provision of this chapter, the approving authority may serve the person with a written order pursuant to Health-General Article, §21-261 or 21-318, Annotated Code of Maryland, directing the person to abate the violation within a specified time period.

C. The approving authority shall ensure that an opportunity for a hearing is provided to a person served with an order, pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

D. In order to preserve a right to a hearing under any provision of this regulation, a person shall:

(1) Make a request for a hearing in writing; and

(2) Submit the request to the approving authority that issued the order or inspection report:
(a) Within 10 days of receipt of the order;

(b) Sooner if specified in the order; or

(c) Within 24 hours if the violation requires immediate correction or correction within 24 hours.

E. The approving authority shall suspend or revoke the license of a food processing plant if the licensee fails or neglects to:

(1) Correct a:
(a) Violation within the specified time period; or

(b) Violation of a critical item immediately; or

(2) Comply with an approved written schedule of compliance.

F. The approving authority shall ensure that:

(1) An action to suspend or revoke a license, complies with the provisions of:
(a) State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and

(b) Health-General Article, §21-315, Annotated Code of Maryland; and

(2) The person against whom the action is contemplated is given an opportunity for a hearing in accordance with Health-General Article, §21-316, Annotated Code of Maryland.

G. When an immediate and substantial danger is found to exist to public health, safety, or welfare that imperatively requires emergency action, pursuant to State Government Article, §10- 226(c)(2), Annotated Code of Maryland, the:

(1) Approving authority shall:
(a) Summarily suspend the license at the food processing plant;

(b) Order the food processing plant to cease operation immediately; and

(c) Promptly provide the licensee with:
(i) A written notice of suspension of the license;

(ii) The reasons for the suspension; and

(iii) Instructions on requesting an administrative hearing if desired; and

(2) Person-in-charge shall immediately cease the operation of the food processing plant.

H. The person-in-charge shall ensure that a food processing plant that has been required under the provisions of this regulation to cease operations does not resume operations until a reinspection by the approving authority shows that the condition or conditions responsible for the requirement to cease operations no longer exist.

I. The approving authority shall confirm that appropriate steps are taken to ensure that the licensee ceases operation of the food processing plant on suspension or revocation of the license, including:

(1) Taking and keeping physical possession of the license until the license is reinstated; and

(2) Posting a sign on the facility door stating that the license has been suspended or revoked by the approving authority.

J. A person whose food processing plant license has been suspended or revoked may apply for reinspection and reinstatement of the license by submitting to the approving authority a written request that details the actions taken by the person to correct each violation of a food statute or regulation that caused the suspension or revocation.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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