Md. Code Regs. 10.15.04.20

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

Section 10.15.04.20 - Inspections

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.

Md. Code Regs. 10.15.04.20

Regulations .20 adopted effective November 22, 2004 (31:23 Md. R. 1652)
Regulation .20C, D amended effective March 5, 2012 (39:4 Md. R. 337)
Regulation .20E adopted effective March 5, 2012 (39:4 Md. R. 337); adopted effective 51:15 Md. R. 708, eff. 8/5/2024.