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<regulation prefix="Regulation" num=".15" citation="COMAR 10.15.04.15" title_num="10" subtitle_num="15" chapter_num="04" heading="On-Farm Home Processing.">
  <paragraph num="A.">
    <text>The Department may issue a food processing plant license to an individual who owns, leases, rents, or resides on a farm to process food in a home or domestic kitchen, located on the individual’s farm, as set forth in this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>While operating with a license issued in accordance with §A of this regulation, the person-in-charge shall:</text>
    <paragraph num="(1)">
      <text>Comply with this chapter except for:</text>
      <paragraph num="(a)">
        <text>Regulation .09C(2)(a), D, and E; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Regulation .12D, F(3), and G(1);</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Limit processed food production to:</text>
      <paragraph num="(a)">
        <text>An amount of food that can safely be produced in the domestic kitchen as evidenced by:</text>
        <paragraph num="(i)">
          <text>Sanitation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Process; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Cross-contamination control; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>$50,000 or less of sales other than foods processed under §§E and F of this regulation;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Process commercially only during times when the kitchen is not being used for domestic purposes;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Clean and sanitize all food-contact surfaces, equipment, and utensils, immediately before and after processing commercially;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>While processing commercially:</text>
      <paragraph num="(a)">
        <text>Use only building areas, equipment, and utensils that the Department has reviewed or inspected and approved; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remove all animals and individuals not involved in food processing from the kitchen; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Store ingredients for commercial manufacturing and finished manufactured food in a separate area from foods used domestically.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Except as provided in §§E and F of this regulation, an individual licensed in accordance with this regulation may manufacture and process only:</text>
    <paragraph num="(1)">
      <text>Baked cakes, muffins, or cookies with a water activity of .85 or less;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Fruit pies with an equilibrated pH of 4.6 or less;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Canned acid foods with an equilibrated pH of 4.6 or less;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Herbs in vinegar with an equilibrated pH of 4.6 or less;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Honey and herb mixtures;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Dried fruits and vegetables; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Acidified foods.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An individual licensed in accordance with this regulation may not process:</text>
    <paragraph num="(1)">
      <text>Low-acid canned foods;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Cured or fermented foods;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Except as provided in §E(6) of this regulation, seafood;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Apple cider or other juices;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Grade A milk product or manufactured grade milk product as defined in Health-General Article, §21-401, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A frozen dessert as defined in Health-General Article, §21-801(b), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>An individual licensed in accordance with this regulation may:</text>
    <paragraph num="(1)">
      <text>Weigh, label, and sell raw meat and poultry that is under the jurisdiction of the United States Department of Agriculture;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Distribute raw meat or poultry that is under the jurisdiction of the United States Department of Agriculture;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Weigh, package, label, and sell raw meat and poultry that is inspected by the Maryland Department of Agriculture in accordance with Regulation .20 of this chapter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Distribute raw meat or poultry that is inspected by the Maryland Department of Agriculture in accordance with Regulation .20 of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Process only animals that were:</text>
      <paragraph num="(a)">
        <text>Commercially raised, fed, or managed on the farm; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Slaughtered and processed in accordance with Regulation .17 of this chapter;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>While operating a fish farm, clean, weigh, package, label, and sell, or distribute, raw finfish from the farm that are not associated with histamine intoxication; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Use shared equipment and utensils for both domestic and commercial uses provided that the equipment and utensils are:</text>
      <paragraph num="(a)">
        <text>Designed and constructed as set forth in Regulation .10 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cleaned and sanitized as set forth in Regulation .11 of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>An individual licensed in accordance with this regulation may weigh, label, store, and distribute cheese that:</text>
    <paragraph num="(1)">
      <text>Is made on a licensed out-of-State dairy facility using only the raw milk produced by the herd on the dairy farm licensed by the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Meets the definition and standards of a hard cheese, as set forth in section 21 CFR §133.150.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>When a farm ceases to be a farm, a food processing license issued in accordance with this regulation becomes void.</text>
  </paragraph>
  <paragraph num="H.">
    <text>In the absence of a license issued in accordance with COMAR 10.15.03, a license issued in accordance with this regulation shall provide for the sale on the farm of food processed on the farm by the licensee.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Except as provided in Regulation .17 of this chapter, a person may not process food for human consumption on a farm without the license required in Regulation .18A of this chapter.</text>
  </paragraph>
</regulation>