Chapter 10. Disclosure Statements for Sale of Halal Food
Regulation .01 Purpose and Scope.LinkCopy Citation
A.
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 halal.
B.
This chapter sets forth the disclosures that shall be made to a consumer regarding the source of food and the preparation, handling, and sale of the food. The disclosures allow a consumer to make an informed choice as to whether the source of the food and manner of food preparation and handling conform to the consumer's standards.
C.
This chapter does not make a determination as to whether a food is halal.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Division” means the Division of Consumer Protection of the Office of the Attorney General.
(2)
Packaged Food.
(a)
“Packaged food” means food packaged in advance of sale by a producer or packer of the product in units suitable for retail sale.
(b)
“Packaged food” does not include food intended for consumption at its point of manufacture.
(3)
“Person” includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
Regulation .03 Disclosure Statements.LinkCopy Citation
A.
This regulation does not apply to packaged food.
B.
A person who represents to the public that unpackaged food sold or served is halal shall complete a disclosure statement described in §C of this regulation.
C.
Disclosure Statement for Persons Who Represent That They Sell or Serve Unpackaged Halal Food.
(1)
The disclosure statement shall state the name of the person selling or serving halal food and the date of the disclosure.
(2)
The disclosure statement shall state in the affirmative or negative whether the person:
(a)
Sells or serves only halal foods; or
(b)
Sells or serves both halal and non-halal foods.
(3)
The disclosure statement shall state in the affirmative or negative whether the person:
(a)
Sells or serves products that are certified by a halal certifying entity;
(b)
Sells or serves products that are purchased from vendors who represent that their products are halal;
(c)
Keeps halal and non-halal foods separate during preparation; and
(d)
Prepares foods in accordance with Islamic religious requirements.
(4)
The disclosure statement shall state:
(a)
The names of vendors from whom the person purchased unpackaged halal food products; and
(b)
That the address and phone number of the named vendors will be furnished on request.
(5)
The disclosure statement shall, if applicable, state:
(a)
The name of the person certifying the food as halal; and
(b)
That the address and phone number of the named certifying persons will be furnished on request.
(6)
The disclosure statement shall describe the halal food preparation and handling process.
(7)
The disclosure statement shall be amended as necessary.
D.
Disclosure Statement for Persons Who Represent That They Sell or Serve Both Halal and Non-Halal Foods.
(1)
The disclosure statement shall include the requirements under §C of this regulation.
(2)
The disclosure statement shall state in the affirmative or negative whether the person:
(a)
Uses separate ovens, sinks, and preparation areas for halal and non-halal foods;
(b)
Uses separate utensils and equipment for halal and non-halal foods;
(c)
Uses separate refrigerators, freezers, and storage areas for halal and non-halal foods; and
(d)
Mixes non-halal and halal foods.
E.
The completed disclosure statement shall be posted in the manner set forth in Regulation .04 of this chapter.
F.
The Division shall develop a form for the disclosure statement described in §§C and D of this regulation, and shall make forms available upon request.
Regulation .04 Method of Posting.LinkCopy Citation
The disclosure statement described in Regulation .03 of this chapter shall be posted in a clear and conspicuous manner, so that the consumer can easily see it before the consumer buys or consumes the foods about which the disclosures are made.
Chapter annotations
Authority: Commercial Law Article, §§13-205, 14-3602, and 14-3604, Annotated Code of Maryland
History: Effective date: March 23, 2009 (36:6 Md. R. 487)