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<chapter num="08" heading="Disclosure Statements for Sale of Kosher Food" title_num="02" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="Purpose and Scope.">
    <paragraph num="A.">
      <text>The purpose of this chapter is to provide disclosure statements for persons who represent to the public that food that is sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision.</text>
    </paragraph>
    <paragraph num="B.">
      <text>This chapter sets forth the disclosures that shall be made to a consumer regarding the preparation and handling of this food. The disclosures allow a consumer to make an informed choice as to whether the manner of food preparation and handling conforms to the consumer's standards.</text>
    </paragraph>
    <paragraph num="C.">
      <text>This chapter does not make a determination as to whether a food is kosher.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Division” means the Division of Consumer Protection of the Office of the Attorney General.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Packaged Food.</text>
        <paragraph num="(a)">
          <text>“Packaged food” means food packaged in advance of sale by a producer or packer of the product in units suitable for retail sale.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Packaged food” does not include food intended for consumption at its point of manufacture.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Disclosure Statements.">
    <paragraph num="A.">
      <text>This regulation does not apply to packaged food.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A person who represents to the public that unpackaged food sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision, shall complete at least one of the disclosure statements described in §§C—H of this regulation.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Disclosure Statement for Persons Who Represent That They Sell or Serve Both Kosher and Nonkosher Meat, Including Poultry, and Dairy and Pareve Food.</text>
      <paragraph num="(1)">
        <text>The disclosure statement shall state in the affirmative or negative whether the person:</text>
        <paragraph num="(a)">
          <text>Operates under rabbinical or other kosher supervision;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Sells or serves meat, dairy, and pareve food described as kosher, as well as food not described as kosher;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Describes meat as kosher only if it is slaughtered under rabbinical or other kosher supervision, is tagged as kosher at the conclusion of the slaughter, and after slaughter is not mixed with meat not described as kosher;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Describes the kosher meat sold as “Glatt kosher” or “Glatt”;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Sells or serves seafood only if it has or had fins and removable scales;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Keeps separate meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>Uses separate utensils for meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher; and</text>
        </paragraph>
        <paragraph num="(h)">
          <text>Uses separate working areas for meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The disclosure statement shall provide additional information concerning:</text>
        <paragraph num="(a)">
          <text>The deveining, salting, and other practices about the meat described as kosher;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The handling of food described as kosher and the handling of food not described as kosher; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>What is meant by “Glatt kosher” or “Glatt”, if the person describes the kosher meat sold as “Glatt kosher” or “Glatt”.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Disclosure Statement for Persons Who Represent That They Sell or Serve Only Kosher Meat, Including Poultry, and Dairy and Pareve Food.</text>
      <paragraph num="(1)">
        <text>The disclosure statement shall state in the affirmative or negative whether the person:</text>
        <paragraph num="(a)">
          <text>Operates under rabbinical or other kosher supervision;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Sells or serves only meat, dairy, and pareve food described as kosher;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Describes meat as kosher only if it is slaughtered under rabbinical or other kosher supervision, is tagged as kosher at the conclusion of the slaughter, and after slaughter is not mixed with meat not described as kosher;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Describes the kosher meat sold as “Glatt kosher” or “Glatt”;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Sells or serves seafood only if it has or had fins and removable scales;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Keeps separate meat, dairy, and pareve food;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>Uses separate utensils for meat, dairy, and pareve food; and</text>
        </paragraph>
        <paragraph num="(h)">
          <text>Uses separate working areas for meat, dairy, and pareve food.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The disclosure statement shall provide additional information concerning:</text>
        <paragraph num="(a)">
          <text>The deveining, salting, and other practices about the meat; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>What is meant by “Glatt kosher” or “Glatt”, if the person describes the kosher meat sold as “Glatt kosher” or “Glatt”.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Disclosure Statement for Persons Who Represent That They Sell or Serve Only Kosher Meat, Including Poultry, and Pareve Food.</text>
      <paragraph num="(1)">
        <text>The disclosure statement shall state in the affirmative or negative whether the person:</text>
        <paragraph num="(a)">
          <text>Operates under rabbinical or other kosher supervision;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Sells or serves only meat and pareve food described as kosher;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Describes meat as kosher only if it is slaughtered under rabbinical or other kosher supervision, is tagged as kosher at the conclusion of the slaughter, and after slaughter is not mixed with meat not described as kosher;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Describes the kosher meat sold as “Glatt kosher” or “Glatt”;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Sells or serves seafood only if it has or had fins and removable scales;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Keeps separate meat and pareve food;</text>
        </paragraph>
        <paragraph num="(g)">
          <text>Uses separate utensils for meat and pareve food; and</text>
        </paragraph>
        <paragraph num="(h)">
          <text>Uses separate working areas for meat and pareve food.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The disclosure statement shall provide additional information concerning:</text>
        <paragraph num="(a)">
          <text>The deveining, salting, and other practices about the meat; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>What is meant by “Glatt kosher” or “Glatt”, if the person describes the kosher meat sold as “Glatt kosher” or “Glatt”.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>Disclosure Statement for Persons Who Represent That They Sell or Serve Only Kosher Dairy and Pareve Food. The disclosure statement shall state in the affirmative or negative whether the person:</text>
      <paragraph num="(1)">
        <text>Operates under rabbinical or other kosher supervision;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Sells or serves only dairy and pareve food described as kosher;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Sells or serves seafood only if it has or had fins and removable scales;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Keeps separate dairy and pareve food;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Uses separate utensils for dairy and pareve food; and</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Uses separate working areas for dairy and pareve food.</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>Disclosure Statement for Persons Who Represent That They Sell or Serve Food as Kosher for Passover.</text>
      <paragraph num="(1)">
        <text>The disclosure statement shall state in the affirmative or negative whether the person:</text>
        <paragraph num="(a)">
          <text>Makes the Passover preparations under rabbinical or other kosher supervision;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Keeps separate food described as kosher for Passover and food not described as kosher for Passover;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Uses separate utensils for Passover items; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Uses separate working areas for Passover food.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The disclosure statement shall provide additional information about the content of the food that is described as kosher for Passover.</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>Disclosure by Persons Who Represent They Sell or Serve Only Nonkosher Food, Except Kosher Hot Dogs—Alternative to Form in §C of This Regulation.</text>
      <paragraph num="(1)">
        <text>The disclosure statement shall provide information about the reasons the hot dogs are described as kosher.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The disclosure statement shall disclose whether separate utensils and working areas are used for the hot dogs described as kosher.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The disclosure statement shall disclose whether the hot dogs described as kosher are kept free from contact with food not described as kosher.</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>The disclosure statement shall state the name of the establishment and the date of the disclosure.</text>
    </paragraph>
    <paragraph num="J.">
      <text>More than one disclosure statement shall be completed if a person represents that unpackaged food that is sold or served is:</text>
      <paragraph num="(1)">
        <text>Kosher; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Kosher for Passover.</text>
      </paragraph>
    </paragraph>
    <paragraph num="K.">
      <text>The completed disclosure statements shall be posted in the manner set forth in Regulation .05 of this chapter.</text>
    </paragraph>
    <paragraph num="L.">
      <text>The Division shall develop forms for the disclosure statements described in §§C—H of this regulation, and shall make them available upon request.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Rabbinical or Other Kosher Supervision Statements.">
    <paragraph num="A.">
      <text>A person who represents to the public that food for sale or a place of business is under rabbinical or other kosher supervision shall complete a statement about the rabbinical or other kosher supervision.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The statement about rabbinical or other kosher supervision shall set forth:</text>
      <paragraph num="(1)">
        <text>The name of the establishment;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The date the statement was completed;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The dates to which the supervision applies;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>The name of the rabbi or agency;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>The address of the rabbi or agency;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>The phone number of the rabbi or agency;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>The affiliation of the rabbi or agency;</text>
      </paragraph>
      <paragraph num="(8)">
        <text>The frequency with which the rabbi or agency visits the establishment; and</text>
      </paragraph>
      <paragraph num="(9)">
        <text>A general description about the rabbinical or other kosher supervision of the establishment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>The statement about rabbinical or other kosher supervision shall be completed in addition to all disclosure statements required to be completed under Regulation .03 of this chapter.</text>
    </paragraph>
    <paragraph num="D.">
      <text>The completed statement about rabbinical or other kosher supervision shall be posted in the manner set forth in Regulation .05 of this chapter.</text>
    </paragraph>
    <paragraph num="E.">
      <text>The Division shall develop a form for the statement about rabbinical or other kosher supervision, and shall make it available at the request of a person.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Method of Posting.">
    <paragraph num="A.">
      <text>Disclosure Statements. The disclosure statements described in Regulation .03 of this chapter shall be posted in a clear and conspicuous manner, so that they can be seen easily by the consumer before the consumer buys or consumes the foods about which the disclosures are made.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Statements about Rabbinical Supervision. The statement about rabbinical or other kosher supervision described in Regulation .04 of this chapter shall be posted adjacent to each disclosure statement.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Commercial Law Article, §§14-902 and 14-903, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: January 15, 2002 (28:22 Md. R. 1933)</annotation>
  </annotations>
</chapter>