Regulation .26 Excluded Organizations.
Regulation .26 Excluded Organizations.LinkCopy Citation
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
(b)
Security.
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:
(a)
Apples;
(b)
Apricots;
(c)
Grapes;
(d)
Peaches;
(e)
Plums; or
(f)
Quince;
(2)
Jam, preserve, or jelly, made only from:
(a)
A fruit listed in §G(1) of this regulation;
(b)
Oranges;
(c)
Nectarines;
(d)
Tangerines;
(e)
Blackberries;
(f)
Raspberries;
(g)
Blueberries;
(h)
Boysenberries;
(i)
Cherries;
(j)
Cranberries;
(k)
Strawberries; or
(l)
Red currants;
(3)
Fruit pies made from a fruit listed in §G(1) and (2) of this regulation; and
(4)
Honey.