Md. Code Regs. 10.15.03.30

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

Section 10.15.03.30 - Food Service Facility Inspections-Types and Frequencies

The approving authority shall ensure that:

A. The following types of inspections are conducted:

(1) A comprehensive inspection that contains:

(a) A monitoring inspection as set forth in §A(2) of this regulation;

(b) A HACCP compliance inspection as set forth in §A(3) of this regulation; and

(c) An inspection of the physical facility to ensure compliance with the applicable sections of this chapter, including those governing:

(i) Floors;

(ii) Walls;

(iii) Ceilings;

(iv) Lighting;

(v) Ventilation;

(vi) Hoods;

(vii) Food equipment;

(viii) Toxic substances and cleaning supplies storage and use;

(ix) Cleaning, rinsing, and sanitizing;

(x) Mechanical warewashers;

(xi) Insects, rodents, birds, or other animals;

(xii) Trash disposal;

(xiii) Hand sinks;

(xiv) Bathroom fixtures; and

(xv) Backflow and backsiphonage prevention;

(2) A monitoring inspection that contains:

(a) An inspection for compliance with critical items as:

(i) Defined in Regulation .02B(19) of this chapter; and

(ii) Outlined in §C of this regulation;

(b) A menu review to determine whether the existing priority assessment is correct; and

(c) An evaluation of the physical facility to ensure that food is protected; and

(3) A HACCP compliance inspection that contains:

(a) An inspection for compliance with Regulation .34 of this chapter;

(b) A comparison of the HACCP plan on site to the current menu;

(c) An evaluation of the food preparation in progress to ensure that each CCP:

(i) Is properly identified;

(ii) Is monitored according to the procedures contained in the HACCP plan; and

(iii) Has a corrective action that is implemented according to procedures contained in the HACCP plan;

(d) Verification that the procedures used to monitor each CCP are accurate; and

(e) Action to:

(i) Enforce compliance with the HACCP plan; or

(ii) Have the existing HACCP plan revised to comply with Regulation .33E and F of this chapter;

B. The person-in-charge is in compliance with critical items when the person-in-charge:

(1) Receives food from approved sources;

(2) Protects food from adulteration;

(3) Ensures that an individual who works with food:

(a) Washes hands as necessary to protect food and food contact surfaces from contamination; and

(b) Is excluded if ill as set forth in Regulation .14A and B of this chapter;

(4) Cools potentially hazardous food:

(a) As set forth in Regulation .11A-C of this chapter; and

(b) In equipment that complies with Regulation .15 of this chapter;

(5) Maintains potentially hazardous food:

(a) Hot:

(i) At hot holding temperatures as set forth in Regulation .06B(7) of this chapter; and

(ii) In equipment that complies with Regulation .15 of this chapter; or

(b) Cold:

(i) At refrigeration temperatures as set forth in Regulation .06B(7) of this chapter; and

(ii) In equipment that complies with Regulation .15 of this chapter;

(6) Cooks and reheats potentially hazardous food:

(a) As set forth in Regulations .10 and .11D of this chapter; and

(b) In equipment that complies with Regulation .15 of this chapter;

(7) Provides an adequate supply of potable water for:

(a) Food preparation;

(b) Hand washing;

(c) Utensil washing;

(d) Toilet facilities; and

(e) Facility sanitation; and

(8) Properly discharges sewage as set forth in Regulation .18F and G of this chapter;

C. A food service facility is inspected:

(1) As needed for the enforcement of this chapter;

(2) When a high priority food service facility:

(a) At a minimum frequency of three times per year, one at every 4-month interval;

(b) Except as provided in §D of this regulation, using:

(i) A comprehensive inspection; and

(ii) Two monitoring inspections; and

(c) That operates fewer than 12 months in a year, using one comprehensive inspection:

(i) Per operating season if the operating season is less than 4 months; or

(ii) During each 4 month interval if the operating season is 4 months or greater;

(3) When a moderate priority food service facility:

(a) At a minimum of two times per year, one every 6 months;

(b) Except as provided in §D of this regulation, using:

(i) A comprehensive inspection; and

(ii) A monitoring inspection; and

(c) That operates fewer than 12 months a year, using a comprehensive inspection during each period of 6 months or less;

(4) When a low priority food service facility, using a comprehensive inspection at a minimum of once every 2 years except that a HACCP compliance inspection is not required;

(5) When a temporary food service facility, using a monitoring inspection as set forth in Regulation .30A(2) of this chapter during each licensure period; and

(6) When a seasonal farmer's market producer sampling food service facility, using a monitoring inspection:

(a) A minimum of two times per year, once every 6-month interval;

(b) Except as provided in §D of this regulation; and

(c) That operates fewer than 12 months in a year:

(i) Per operating season if the operating season is less than 6 months; or

(ii) During each 6-month interval if the operating season is 6 months or greater; and

D. A food service facility is inspected as soon as possible when the food service facility has been associated with foodborne illness, using a:

(1) HACCP compliance inspection that focuses on the food implicated with illness; and

(2) Upon completion of the HACCP compliance inspection, either a:

(a) Comprehensive inspection; or

(b) Monitoring inspection.

Md. Code Regs. 10.15.03.30

Regulations .30 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .30B, C amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .30C 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