# COMAR Title 10 — Maryland Department of Health

## Subtitle 15 — Food

### Chapter 03 — Food Service Facilities

#### Regulation .30 Food Service Facility Inspections — Types and Frequencies.

*COMAR 10.15.03.30*

The approving authority shall ensure that:

A. The following types of inspections are conducted:

  (1) A comprehensive inspection that contains:

    (a) A monitoring inspection as set forth in §A(2) of this regulation;

    (b) A HACCP compliance inspection as set forth in §A(3) of this regulation; and

    (c) An inspection of the physical facility to ensure compliance with the applicable sections of this chapter, including those governing:

      (i) Floors;

      (ii) Walls;

      (iii) Ceilings;

      (iv) Lighting;

      (v) Ventilation;

      (vi) Hoods;

      (vii) Food equipment;

      (viii) Toxic substances and cleaning supplies storage and use;

      (ix) Cleaning, rinsing, and sanitizing;

      (x) Mechanical warewashers;

      (xi) Insects, rodents, birds, or other animals;

      (xii) Trash disposal;

      (xiii) Hand sinks;

      (xiv) Bathroom fixtures; and

      (xv) Backflow and backsiphonage prevention;

  (2) A monitoring inspection that contains:

    (a) An inspection for compliance with critical items as:

      (i) Defined in Regulation .02B(19) of this chapter; and

      (ii) Outlined in §C of this regulation;

    (b) A menu review to determine whether the existing priority assessment is correct; and

    (c) An evaluation of the physical facility to ensure that food is protected; and

  (3) A HACCP compliance inspection that contains:

    (a) An inspection for compliance with Regulation .34 of this chapter;

    (b) A comparison of the HACCP plan on site to the current menu;

    (c) An evaluation of the food preparation in progress to ensure that each CCP:

      (i) Is properly identified;

      (ii) Is monitored according to the procedures contained in the HACCP plan; and

      (iii) Has a corrective action that is implemented according to procedures contained in the HACCP plan;

    (d) Verification that the procedures used to monitor each CCP are accurate; and

    (e) Action to:

      (i) Enforce compliance with the HACCP plan; or

      (ii) Have the existing HACCP plan revised to comply with Regulation .33E and F of this chapter;

B. The person-in-charge is in compliance with critical items when the person-in-charge:

  (1) Receives food from approved sources;

  (2) Protects food from adulteration;

  (3) Ensures that an individual who works with food:

    (a) Washes hands as necessary to protect food and food contact surfaces from contamination; and

    (b) Is excluded if ill as set forth in Regulation .14A and B of this chapter;

  (4) Cools potentially hazardous food:

    (a) As set forth in Regulation .11A—C of this chapter; and

    (b) In equipment that complies with Regulation .15 of this chapter;

  (5) Maintains potentially hazardous food:

    (a) Hot:

      (i) At hot holding temperatures as set forth in Regulation .06B(7) of this chapter; and

      (ii) In equipment that complies with Regulation .15 of this chapter; or

    (b) Cold:

      (i) At refrigeration temperatures as set forth in Regulation .06B(7) of this chapter; and

      (ii) In equipment that complies with Regulation .15 of this chapter;

  (6) Cooks and reheats potentially hazardous food:

    (a) As set forth in Regulations .10 and .11D of this chapter; and

    (b) In equipment that complies with Regulation .15 of this chapter;

  (7) Provides an adequate supply of potable water for:

    (a) Food preparation;

    (b) Hand washing;

    (c) Utensil washing;

    (d) Toilet facilities; and

    (e) Facility sanitation; and

  (8) Properly discharges sewage as set forth in Regulation .18F and G of this chapter;

C. A food service facility is inspected:

  (1) As needed for the enforcement of this chapter;

  (2) When a high priority food service facility:

    (a) At a minimum frequency of three times per year, one at every 4-month interval;

    (b) Except as provided in §D of this regulation, using:

      (i) A comprehensive inspection; and

      (ii) Two monitoring inspections; and

    (c) That operates fewer than 12 months in a year, using one comprehensive inspection:

      (i) Per operating season if the operating season is less than 4 months; or

      (ii) During each 4 month interval if the operating season is 4 months or greater;

  (3) When a moderate priority food service facility:

    (a) At a minimum of two times per year, one every 6 months;

    (b) Except as provided in §D of this regulation, using:

      (i) A comprehensive inspection; and

      (ii) A monitoring inspection; and

    (c) That operates fewer than 12 months a year, using a comprehensive inspection during each period of 6 months or less;

  (4) When a low priority food service facility, using a comprehensive inspection at a minimum of once every 2 years except that a HACCP compliance inspection is not required;

  (5) When a temporary food service facility, using a monitoring inspection as set forth in Regulation .30A(2) of this chapter during each licensure period; and

  (6) When a seasonal farmer’s market producer sampling food service facility, using a monitoring inspection:

    (a) A minimum of two times per year, once every 6-month interval;

    (b) Except as provided in §D of this regulation; and

    (c) That operates fewer than 12 months in a year:

      (i) Per operating season if the operating season is less than 6 months; or

      (ii) During each 6-month interval if the operating season is 6 months or greater; and

D. A food service facility is inspected as soon as possible when the food service facility has been associated with foodborne illness, using a:

  (1) HACCP compliance inspection that focuses on the food implicated with illness; and

  (2) Upon completion of the HACCP compliance inspection, either a:

    (a) Comprehensive inspection; or

    (b) Monitoring inspection.