Md. Code Regs. 10.15.03.26

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.15.03.26 - Excluded Organizations

A. Pursuant to Health-General Article, § 21-304(a)(2), Annotated Code of Maryland, a volunteer fire company or bona fide nonprofit fraternal, civic, war veterans', religious, or charitable organization or corporation that does not serve food to the public more often than 4 days per week, except that once a year an organization may serve food to the public for up to 30 consecutive days, may make:

(1) A rescindable decision to operate as a licensed food service facility and in full compliance with this chapter; or

(2) A decision to operate without a license and in compliance with §§B-E of this regulation, which establish the minimum requirements to ensure food safety at a food preparation or serving area operated by an excluded organization without a license.

B. The person-in-charge shall ensure that a food preparation or service area operated by an excluded organization without a license

(1) Complies complies with Regulations .01-.15A(3)-(10), .16-.23, .26-.27, and .29-.39 of this chapter

(2) When serving potentially hazardous food, serves only potentially hazardous food:

(a) Prepared at the excluded organization; or

(b) In a licensed food establishment.

C. During the operation of a special food service facility, the person-in-charge of an unlicensed excluded organization shall ensure compliance with:

(1) Regulations .01-.06, .08, .12-.14, .15A(3)-(5), .19-.20, .22B-D, .23, .26, .29-.33, and .35-.39 of this chapter, if the unlicensed excluded organization is a special food service facility that:

(a) Handles only potentially hazardous food that remains within the original container or wrapping; and

(b) Does not prepare, wrap, or package food at the facility; or

(2) Regulations .01-.06, .08-.14, .15A(3)- (10), .16-.20, .22B-D, .23, .26, and .29-.39 of this chapter, if the unlicensed excluded organization is a special food service facility that:

(a) Handles food that is removed from the original container or wrapping; or

(b) Prepares, packs, or wraps potentially hazardous food at the facility.

D. The person-in-charge shall ensure that an unlicensed excluded organization does not:

(1) Operate a bed and breakfast;

(2) Operate a semi-permanent food service; or

(3) Except as provided for in §G of this regulation, perform retail food manufacturing.

E. The person-in-charge shall ensure that, when an unlicensed excluded organization plans a single event to prepare or serve potentially hazardous food to 200 or more individuals from the public:

(1) Written notification of the event is submitted to the approving authority not less than 30 days before the scheduled event; and

(2) The written notification required in §E(1) of this regulation contains:

(a) The date, place, and time of the event;

(b) The estimated number of individuals to be served at the event;

(c) A menu or list of foods to be served;

(d) The source of all potentially hazardous foods to be served;

(e) A list of foods to be prepared more than 12 hours in advance of service;

(f) If food is to be prepared off-premises, the:

(i) Name of the facility to be used; and

(ii) Procedures for transporting food to the premises;

(g) The name, address, and telephone number of a responsible contact individual; and

(h) Any other information requested by the approving authority in order to review the food preparation and service.

F. The person-in-charge shall ensure that when an unlicensed excluded organization plans to serve food to the public for up to 30 consecutive days, a written notice is provided to the Department that includes the:

(1) Dates on which the food will be prepared;

(2) Methods of storing and serving food; and

(3) Methods or procedures that will be followed to ensure food:

(a) Safety; and

(b) Security.

G. In Carroll County, a religious organization that meets the definition of an excluded organization as set forth in Regulation .02B(28) of this chapter, and complies with COMAR 10.15.01.09A"D and .10A and 10.15.04.08A, or a county-owned and county-operated park or facility that is hosting a public festival, may offer for sale directly to the public the following types of homemade style food, only if the food is produced at the kitchen of the excluded organization:

(1) Fruit butter made only from:

(a) Apples;

(b) Apricots;

(c) Grapes;

(d) Peaches;

(e) Plums; or

(f) Quince;

(2) Jam, preserve, or jelly, made only from:

(a) A fruit listed in §G(1) of this regulation;

(b) Oranges;

(c) Nectarines;

(d) Tangerines;

(e) Blackberries;

(f) Raspberries;

(g) Blueberries;

(h) Boysenberries;

(i) Cherries;

(j) Cranberries;

(k) Strawberries; or

(l) Red currants;

(3) Fruit pies made from a fruit listed in §G(1) and (2) of this regulation; and

(4) Honey.

Md. Code Regs. 10.15.03.26

Regulations .26 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .26 amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .26G amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83); amended effective 47:20 Md. R. 875, eff. 10/5/2020