Md. Code Regs. 10.15.03.26 - Excluded Organizations
Current through Register Vol. 49, No. 8, April 8, 2022
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.
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.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 complies with Regulations .01—.15A(3)—(10), .16—.23, .26—.27, and .29—.39 of this chapter.
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
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 10.15.04.08, 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:
(e) Plums; or
(2) Jam, preserve, or jelly, made only from:
(a) A fruit listed in §G(1) of this regulation;
(k) Strawberries; or
(l) Red currants;
(3) Fruit pies made from a fruit listed in §G(1) and (2) of this regulation; and