Md. Code Regs. 10.15.03.28

Current through Register Vol. 52, No. 1, January 10, 2025

Section 10.15.03.28 - Licenses

A. The approving authority shall require a farmer to obtain a producer mobile farmer's market unit license as specified in COMAR 10.01.17 and 10.15.04 for the sale of a farm product at a farmer's market or at a public event that is not:

(1) A raw agricultural product as defined in Regulation .02B(61) of this chapter; or

(2) A pre-packaged non-potentially hazardous food.

B. A local health department may:

(1) Not require a farmer to obtain a producer mobile farmer's market unit license for that local jurisdiction; and

(2) Require a farmer to obtain a seasonal farmer's market producer sampling license if the farmer prepares and offers samples of a farm product for human consumption at a farmer's market or at a public event in that local jurisdiction.

C. The approving authority shall issue and renew licenses in accordance with Health-General Article, §§21-309 and 21-310, Annotated Code of Maryland, and this chapter.

D. The approving authority may deny an application for a food service facility license in accordance with Health-General Article, §21-311, Annotated Code of Maryland, and this chapter.

E. A person:

(1) Shall obtain a food service facility license before the person operates a food service facility; and

(2) May not operate a food service facility if the person does not have a current and valid license issued by the approving authority, except:

(a) As provided in:

(i) Health-General Article, §21-305, Annotated Code of Maryland; and

(ii) Regulation .26A(2) of this chapter; or

(b) A caterer:

(i) As provided in §G of this regulation; or

(ii) When from outside the State, that conforms to the provisions of this chapter or to substantially equivalent provisions as indicated by a report from the caterer's licensing agency to the approving authority indicating that the facility is licensed and inspected in the jurisdiction where the food service facility is located.

F. The person-in-charge shall ensure that:

(1) Application for a food service facility license is submitted in accordance with Health-General Article, §§21-306 and 21-307, Annotated Code of Maryland;

(2) A valid license is displayed in a conspicuous place in the food service facility; and

(3) When catering services are offered, the food service facility license number and the identity of the issuer of the number are located:

(a) On advertising and business cards;

(b) In published print media;

(c) On flyers;

(d) In brochures;

(e) On vehicles used in connection with catering services;

(f) On contracts for catering services;

(g) In telephone directories; and

(h) In or on any other advertising and solicitations.

G. The approving authority may not require a caterer licensed in Maryland to obtain a separate license for each catered event, including events across jurisdictional lines within the State, when the:

(1) Major food preparation for the event is completed at the caterer's food service facility, including:

(a) Thawing potentially hazardous food;

(b) Cooking potentially hazardous food, except at outdoor barbecues when the food will be immediately consumed or discarded;

(c) Cooling potentially hazardous food; or

(d) Preparing salads that contain potentially hazardous foods; and

(2) Event is at a location other than the caterer's food service facility if the caterer and location comply with Regulations .01-.06, .08-.14, .15A(3)-(8), and .18I and L of this chapter.

H. Except as provided in §I of this regulation, a license may not be transferred from one person to another person or from one food service facility to another.

I. Upon the death of a licensee, the approving authority may transfer a food service facility 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 service facility.

J. A local health department:

(1) Shall issue a mobile reciprocity license:

(a) In accordance with Health-General Article, § 21-304, Annotated Code of Maryland;

(b) To a mobile food service facility that:

(i) Holds a valid license from the county of origin;

(ii) Is operating in the jurisdiction; and

(iii) Is operating within 90 miles of its base of operations, which shall be located in Maryland.

(2) Shall provide copies of inspection or other supporting documentation for a mobile food service facility with a base of operations within the jurisdiction of the local health department to the jurisdiction in which the mobile food service facility is seeking a mobile reciprocity license;

(3) May inspect the mobile food service facility during operation in the jurisdiction after a mobile reciprocity license has been issued;

(4) May suspend a mobile reciprocity license for not maintaining a valid license from the county of origin until such time that the county of origin license is renewed;

(5) May issue a violation of this regulation as set forth in Regulation .35 of this chapter; and

(6) Shall notify all known Maryland jurisdictions which license the mobile food service facility if:

(a) Any fines are issued to a mobile reciprocity licensee; or

(b) Enforcement action is taken against a mobile reciprocity licensee under §J(3) of this regulation.

K. A mobile reciprocity license:

(1) May not exceed $300; and

(2) Is valid for a period of 1 year.

Md. Code Regs. 10.15.03.28

Regulations .28 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .28 amended effective February 3, 2012 (39:1 Md. R. 17)
Regulation .28C, E amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .28 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 45:26 Md. R. 1245, eff. 12/31/2018; amended effective 47:20 Md. R. 875, eff. 10/5/2020