# COMAR Title 10 — Maryland Department of Health

## Subtitle 15 — Food

### Chapter 03 — Food Service Facilities

#### Regulation .26 Excluded Organizations.

*COMAR 10.15.03.26*

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.