reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-308 - License Fees

(a)    In this section, “on–farm home processing facility” means a home or domestic kitchen located on an individual’s farm that manufactures and processes foods for commercial sale.
(b)    (1)    For any license issued for which the authority to conduct a program under this subtitle has been delegated to a county health department:
(i)    A county governing body or the Mayor and City Council of Baltimore City may and the Anne Arundel County Council shall provide for a license fee schedule based on the anticipated cost of licensing, inspecting, and regulating food establishments and may provide for exemptions from the license fee schedule; and
(ii)    All license fees shall be paid to the local health department or chief financial officer of the county governing body or Baltimore City.
(2)    Except in Anne Arundel County, Baltimore City, Montgomery County, and Prince George’s County, a license fee under this subsection may not exceed $70 for a seasonal food processing operation that:
(i)    Uses only food that is grown on the property of the licensee; and
(ii)    Is in operation for not more than a 3–month continuous period in the calendar year.
(3)    A seasonal food processing operation may obtain a food establishment license for a fee of $70 under paragraph (2) of this subsection only twice in a calendar year.
(c)    (1)    An on–farm home processing facility may obtain an on–farm home processing plant license for a fee established in regulations.
(2)    An on–farm home processing facility that obtains an on–farm home processing plant license may manufacture or process only foods provided for in regulations of the Department.
(3)    A license or permit is not required to deliver prepackaged foods to fill an order of a customer.
(d)    For any other food establishment license, the Secretary shall establish a license fee in accordance with § 2–104 of this article.
(e)    Notwithstanding any other provision of this section, a license fee under this section may not exceed $150 annually for a food processing plant that:
(1)    Is a bona fide civic or nonprofit organization that processes meat for human consumption; and
(2)    Engages in the processing of meat for human consumption no more than three times a year for 5 days or less each time.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-309.1 - Producer Mobile Farmer's Market License

(a)    (1)    The Department shall establish a producer mobile farmer’s market license.
(2)    The fee for a producer mobile farmer’s market license:
(i)    Shall be based on the anticipated cost of licensing, inspecting, and regulating licensees; and
(ii)    May not exceed $100.
(3)    A producer mobile farmer’s market license shall be valid for a period of 1 year.
(b)    A producer mobile farmer’s market licensee may transport to and sell at a farmer’s market or at a public festival or event:
(1)    Products that were produced by the licensee under an on–farm home processing plant license;
(2)    Products produced by the licensee, as authorized by the Department in regulation; or
(3)    Farm products that have been inspected, licensed, or certified for food safety by the Maryland Department of Agriculture.
(c)    (1)    A producer mobile farmer’s market license is valid in all jurisdictions in the State.
(2)    A county or municipality may not require a producer mobile farmer’s market licensee to obtain a separate permit or license to sell products authorized for sale under the producer mobile farmer’s market license.
(d)    The Department shall:
(1)    Issue producer mobile farmer’s market licenses;
(2)    At least once a year, inspect each mobile unit that operates under a producer mobile farmer’s market license; and
(3)    Adopt regulations to implement this section.
(e)    A producer mobile farmer’s market license shall be displayed on any mobile unit operating under the license.
(f)    (1)    A person in violation of this section or a regulation adopted under this section is subject to a fine not to exceed $1,000.
(2)    A county health department shall enforce and levy fines for a violation of this section or any regulations adopted under this section.
(3)    Fines assessed by a county health department shall be paid to the county in which the violation occurred.
(4)    A county health department shall notify the Department of any violations occurring in the county.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-309.2 - Seasonal Farmer's Market Producer Sampling License

(a)    A county may establish a seasonal farmer’s market producer sampling license to be required for a producer of a farm product to prepare and offer samples of the farm product for human consumption at a farmer’s market or at a public festival or event.
(b)    A county seasonal farmer’s market producer sampling license established under this section shall:
(1)    Be valid at all farmer’s markets in the county;
(2)    Be valid at any public festival or event in the county;
(3)    Be valid for the entire season for which it is issued; and
(4)    Have a single fee as set by the county.
(c)    A seasonal farmer’s market producer sampling licensee shall use the license only to offer samples of a farm product that has been produced by the licensee.
(d)    The Department shall adopt regulations that:
(1)    Establish eligibility for the license;
(2)    Provide for the authorized uses of the license;
(3)    Establish standards and approved methods under which sampling shall be conducted;
(4)    Specify the duration of the season during which the license is valid; and
(5)    Include other provisions that are necessary to protect public health and control foodborne illnesses.
(e)    A county issuing a seasonal  farmer’s market  producer sampling license shall adopt an ordinance that:
(1)    Sets the fee for the license;
(2)    Provides for the enforcement of provisions of law under which the license is issued; and
(3)    Provides penalties for violations of provisions of law under which the license is issued.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-310 - Issuance and Scope of License

(a)    Within 30 days after the Department receives an application for a license, the Department shall issue a license to any applicant who meets the requirements of this subtitle and all regulations adopted under this subtitle.
(b)    While it is effective, a license authorizes the licensee to operate the food establishment identified on the license.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-311 - Denial of Application for License; Subsequent Issuance of License; Hearings and Judicial Review

(a)    The Department may deny an application for a food establishment license issued under this subtitle if the Department finds that the applicant:
(1)    Does not meet the requirements of this subtitle or any rules or regulations adopted under this subtitle; or
(2)    Fraudulently or deceptively attempts to obtain a license.
(b)    Within 30 days of receipt of the completed application, the Department shall notify the applicant in writing:
(1)    That the application has been denied;
(2)    The specific reasons for the denial of the application; and
(3)    If any, the actions that must be taken by the applicant to qualify for a license.
(c)    After a notice of denial is issued, the Department may issue a license to an applicant if the applicant:
(1)    Takes all actions specified in the notice of denial; and
(2)    Meets the requirements of this subtitle and all rules and regulations adopted under this subtitle.
(d)    An applicant who is denied a license is entitled to:
(1)    A hearing before the Secretary under § 21-316 of this subtitle; and
(2)    Judicial review under § 21-317 of this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-312.1 - Licensing Information in Advertisements and Contracts for Catering Services

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Caterer” means a food service facility that offers catering services or identifies itself as a caterer.
(3)    “Catering services” means the preparation or provision and the serving of food or drink by a food service facility for service at the provider’s premises or elsewhere in connection with a specific event or a business or social function or affair.
(b)    A food service facility that offers catering services or that identifies itself as a caterer shall include its food service facility license number, including the identity of the issuer of the license, on:
(1)    All advertising on business cards, published print media, flyers, brochures, and any vehicles used in connection with catering services and in telephone directories; and
(2)    All contracts for catering services.
(c)    A food service facility that is licensed in more than one political subdivision may satisfy the requirements of this section by displaying the food service facility license number of any or all of its licenses issued by one or more of the political subdivisions.
(d)    This section does not apply to a person who:
(1)    Prepares food in a kitchen of another person’s private home for service in that private home; or
(2)    Prepares food in a kitchen of a private home or a kitchen of a school, religious or charitable organization, or nonprofit institution for service or sale to benefit a school, religious or charitable organization, or nonprofit institution.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part II - Licensing › Section 21-312.2 - Semipermanent Food Service Facility

(a)    This section applies to a semipermanent food service facility that:
(1)    Operates in Anne Arundel County; and
(2)    Was licensed under § 21–305 of this subtitle on or before December 1, 2010.
(b)    An operator of a semipermanent food service facility shall:
(1)    Pump out the onboard wastewater holding tank as frequently as required by Anne Arundel County to avoid creating a public health nuisance;
(2)    Remove wastewater by:
(i)    Hiring a licensed liquid waste hauler to dispose of the wastewater; or
(ii)    Disposing of the wastewater at a wastewater disposal facility approved by Anne Arundel County;
(3)    Use a food grade hose and an adequate backflow prevention device to maintain a potable water supply; and
(4)    Demonstrate compliance with items (1) and (2) of this subsection by quarterly submitting a record of receipts to the issuer of the license.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-313 - Inspections

(a)    To enforce this subtitle, a representative of the Department, at any reasonable time, may:
(1)    Enter and inspect any food establishment; and
(2)    Inspect and sample any item of food that is in a food establishment.
(b)    A person may not:
(1)    Refuse to grant access to a representative of the Department who requests to enter and inspect a food establishment under this section; or
(2)    Interfere with any inspection under this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-314 - Notice of Violation of Subtitle, Unsanitary Conditions, Etc

If the Department finds that a food establishment is in violation of this subtitle or any rule or regulation adopted under this subtitle, is in an unsanitary condition, or is not equipped properly, the Secretary shall notify the licensee:
(1)    Of the specific findings;
(2)    Of a specific, reasonable date by which the licensee shall correct the violations or deficiencies specified in the notice; and
(3)    That, if the licensee fails to correct the conditions by the date specified, the Department may suspend or revoke the license issued under this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-315 - Suspension or Revocation of License

The Department may suspend or revoke a license issued under this subtitle if the licensee:
(1)    Violates or fails to meet the requirements of this subtitle or any regulation adopted under this subtitle; or
(2)    Fraudulently or deceptively obtains a license.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-316 - Hearings

(a)    Except as otherwise provided in Title 10, Subtitles 2 and 3 of the State Government Article, before the Department takes any final action under § 21–311 or § 21–315 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Department.
(b)    The Department shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Department shall send the hearing notice to the applicant or licensee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.
(d)    Within 30 days after the hearing required under this section, the Department shall decide the issue and immediately notify the parties to the hearing.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-317 - Judicial Review

(a)    Any person aggrieved by a final decision of the Department in denying, suspending, or revoking a license issued under this subtitle may take a direct judicial appeal.
(b)    The appeal shall be made as provided for judicial review of final decisions in Title 10, Subtitle 2 of the State Government Article.
(c)    Either party may appeal the decision of the circuit court to the Court of Special Appeals.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part III - Enforcement and Inspection › Section 21-318 - Order to Abate Violation of Subtitle or Regulation Adopted Thereunder

(a)    If the Department believes that a person is violating any provision of this subtitle or any regulation adopted under this subtitle, the Department may have the person served with a written order that directs the person served to abate the violation within a time specified in the order.
(b)    Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, the Department shall give any person served with an order under this section an opportunity for a hearing before the Department.
(c)    After a hearing under this section, the Department may affirm, modify, or withdraw the order.
(d)    A person who is served with an order under this section may not violate that order.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-321 - Construction, Remodeling, or Alterations

(a)    Except as provided in subsection (d) of this section, before a food establishment is constructed, remodeled, or materially altered, or before an existing building or structure is converted or remodeled for use as a food establishment, properly prepared plans and specifications for the construction, remodeling, or alteration of a food establishment shall be submitted to:
(1)    The Department, if the food establishment is:
(i)    A food processing plant; or
(ii)    A chain or franchise food service facility planning to construct 2 or more facilities in the State from a single uniform set of plans; or
(2)    Except as provided in item (1)(ii) of this subsection, for food service facilities, to the appropriate county health department.
(b)    The plans or specifications required under subsection (a) of this section shall include:
(1)    Layout and arrangement of work areas;
(2)    Construction materials;
(3)    The location, size, manufacturer, and model number of equipment and facilities; and
(4)    Any other information that may be required for the proper review of the plans and specifications.
(c)    Unless the required plans and specifications are approved by the Department, a person may not:
(1)    Construct, remodel, or alter a food establishment; or
(2)    Convert or remodel an existing building or structure for use as a food establishment.
(d)    The provisions of this section do not apply to the construction, remodeling, or alteration of any areas in a food establishment used solely for office space, or recreational areas.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-322 - Donated Food

(a)    The Maryland Department of Health and the State Department of Agriculture may:
(1)    Inspect for wholesomeness any food donated to a nonprofit corporation, organization, or association; and
(2)    Establish procedures for handling food donated to any nonprofit corporation, organization, or association.
(b)    (1)    In this subsection, “person” shall include a nonprofit corporation, organization, or association.
(2)    A person shall have the immunity from liability described under § 5–634 of the Courts and Judicial Proceedings Article for any act or omission that affects the nature, age, condition, or packaging of the donated food.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-323 - Small Residential Group Homes for Children

(a)    In this section, “group home” means a foster home, emergency shelter, or family type residential facility for children that is:
(1)    Sponsored by a public or private agency; and
(2)    Supervised by foster parents, house parents, or counselors.
(b)    Any group home is exempt from any regulation governing food service facilities that is adopted by the Department or a local government, if the group home:
(1)    At no time has more than 14 residents including house parents and supervisory, professional, and custodial staff members; and
(2)    Has among its resident children only children placed in the group home by a court, a licensed child placement agency, or a government agency, including a local department of social services.
(c)    Each group home that is intended for no more than 14 residents shall be registered with the health officer for the county and is subject to State and local health regulations that govern occupancy and use of private family homes.
(d)    In each county, the health officer shall inspect each group home that is intended for no more than 14 residents.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-323.1 - Bed and Breakfast Establishments

(a)    In this section, “bed and breakfast establishment” means a lodging or rooming house as defined in § 9-201 of the Public Safety Article having eight rooms or fewer for rent.
(b)    A bed and breakfast establishment is exempt from any regulation governing food service facilities that is adopted by the Department or a local government relating to the construction or installation of commercial grade kitchen equipment in the bed and breakfast establishment.
(c)    Each bed and breakfast establishment that intends to serve hot meals to renters shall be:
(1)    Licensed in accordance with § 21–305 of this subtitle; and
(2)    Subject to State and local health regulations that govern food safety and contamination.
(d)    In each county, the health officer shall inspect each bed and breakfast establishment that intends to serve hot meals to renters for compliance with food safety and contamination regulations in accordance with § 21-313 of this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-324 - Cleanliness of Certain Premises and Vehicles; Unclean or Unsanitary Conditions

(a)    (1)    The floors, walls, ceilings, sidewalks, furniture, receptacles, implements, and machinery of or in any food establishment shall be kept in a clean and sanitary condition at all times.
(2)    (i)    The design and construction of existing equipment in food establishments shall be accepted by the Department, if the existing equipment:
1.    Complied with the Department’s standards that prevailed at the time of the installation;
2.    Accomplishes its intended and required function in the establishment;
3.    Is cleanable;
4.    Is free of hazardous materials and toxic food contact surfaces; and
5.    Is in good repair.
(ii)    The Department shall establish guidelines for the replacement of failed existing equipment.
(b)    Any vehicle that is used to transport food or from which any food is sold shall be kept in a clean and sanitary condition at all times.
(c)    A condition that is unclean and unsanitary exists whenever any of the following occurs:
(1)    Any food in the process of manufacture, preparation, packing, canning, freezing, storing, sale, distribution, or transportation is not protected as far as practicable from flies, filth, and any foreign or injurious contamination;
(2)    Refuse, dirt, or waste products subject to decomposition and fermentation that are incident to the manufacture, preparation, packing, canning, freezing, storing, sale, distribution, or transportation of food are not removed daily, or at a frequency required by the Department;
(3)    Any receptacle, chute, platform, rack, table, shelf, utensil, or machinery used in moving, handling, cutting, chopping, mixing, canning, freezing, or processing food is not kept clean;
(4)    The clothing or body of any individual employed in the establishment, place, or vehicle is not kept as clean as the nature of the employment permits;
(5)    The food establishment lacks an adequate supply of potable water; or
(6)    The food establishment lacks an adequate sewage disposal facility.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-324.1 - Open Windows and Doors in Food Service Facilities

(a)    This section does not apply to an outer door of a food service facility that leads from the kitchen to the outside.
(b)    A food service facility may operate with the outer windows or outer doors open unless, while the food service facility is operating with the outer doors or outer windows open, the local health department:
(1)    Finds evidence of vermin in food preparation or food storage areas; or
(2)    Finds evidence of flying insects in food preparation or food storage areas that pose a significant threat to sanitation or public health.
(c)    If a local health department finds that a food service facility is operating in violation of subsection (b) of this section, the food service facility shall take immediate action to eliminate the vermin or flying insects.
(d)    A local health department may close a food service facility found to be operating in violation of subsection (b) of this section, or order a temporary closure of the outer windows and outer doors at the food service facility, until the vermin or flying insects are eliminated from the food preparation or food storage areas, or until another action approved by the local health department is taken.
(e)    A food service facility found to be operating in violation of subsection (b) of this section on three or more separate occasions shall keep the outer windows and outer doors closed at all times until:
(1)    Modifications approved by the local health department are made to the food service facility to effectively protect against the entrance of vermin and flying insects; or
(2)    Another action approved by the local health department is taken.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-325 - Restrooms Required in Certain Places

(a)    Each food establishment shall have:
(1)    A convenient toilet that is:
(i)    Except as provided in subsection (c) of this section, separated from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed;
(ii)    Kept in a sanitary condition; and
(iii)    Properly ventilated; and
(2)    A convenient lavatory that is:
(i)    Supplied with soap, water, towels, or other approved hand drying devices;
(ii)    Kept in a sanitary condition; and
(iii)    Properly ventilated.
(b)    Each food service facility which prepares food and provides seating for patrons established after January 1, 1979 shall have available for the public:
(1)    A convenient toilet that is kept in a sanitary condition; and
(2)    A convenient lavatory that is:
(i)    Supplied with soap, water, towels, or other approved hand drying devices;
(ii)    Kept in a sanitary condition; and
(iii)    Properly ventilated.
(c)    A room that houses a toilet may be constructed within a larger room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-326 - Diagram or Illustrative Directions on Use of Manual Maneuvers to Prevent Asphyxiation Due to Choking

(a)    Each food service facility which prepares food and provides seating for patrons shall post a diagram or illustrative directions on the use of manual maneuvers to prevent asphyxiation due to choking.
(b)    A person who applies the maneuvers depicted in a diagram posted under this section to remove food lodged in the throat of another is liable only if the person’s actions amount to gross negligence.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-327 - Sleeping Prohibited on Certain Premises

A person may not sleep in:
(1)    Any workroom or food storage room of a food processing plant; or
(2)    Any kitchen, dining room, or food storage room of a food service facility.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-328 - Employees With Communicable Diseases

(a)    A person may not knowingly employ any individual to work in any area or capacity in a food establishment in which there is a likelihood of transmission of disease to patrons or other employees of the food establishment if the individual employed:
(1)    Has a communicable disease that may be transmitted by food; or
(2)    Is a carrier of a communicable disease that may be transmitted by food.
(b)    An individual may not knowingly work in any area or capacity in a food establishment in which there is a likelihood of transmission of disease to patrons or other employees of the food establishment if the individual:
(1)    Has a communicable disease that may be transmitted by food; or
(2)    Is a carrier of a communicable disease that may be transmitted by food.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-329 - Labeling of Surimi Products Required

(a)    Unless the packaging of a food product is clearly and conspicuously labeled in accordance with subsection (c) of this section, no food product containing or consisting of surimi may be sold in the State.
(b)    Unless all menus and notices advertising a food containing or consisting of surimi are clearly and conspicuously labeled in accordance with subsection (c) of this section, a food service facility may not serve the food in the State.
(c)    Labeling for a food product or food containing or consisting of surimi shall include 1 or more of the following terms, as appropriate:
(1)    “Imitation crab”;
(2)    “Imitation lobster”;
(3)    “Imitation scallops”;
(4)    “Imitation shrimp”;
(5)    “Imitation” followed by the name of the seafood imitated;
(6)    “Artificial processed seafood”;
(7)    “Surimi”;
(8)    “Seafood salad containing imitation” followed by the name of the seafood imitated; or
(9)    Other terms approved by the Department.
(d)    In addition to the penalties set forth in § 21-1214 of this title, the Secretary may seize or condemn any food product or food sold or served in violation of this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-330 - Low Calorie Frozen Desserts

(a)    A low calorie frozen dessert that contains powders or dry mixes of pasteurized whey, reduced mineral whey, whey protein concentrate, reduced lactose whey, or optional caseinates and is rehydrated with potable water before freezing is not required to be repasteurized.
(b)    The wheys, caseinates, or egg ingredients that are used in the formulation of a mixture under subsection (a) of this section shall:
(1)    Have been pasteurized before being used in the mixture; and
(2)    Contain only those ingredients that:
(i)    Are recognized as safe by the United States Food and Drug Administration; or
(ii)    Are authorized under regulations adopted under this subtitle.
(c)    After the rehydration of a mixture under subsection (a) of this section, the mixture shall be:
(1)    Cooled to a maximum temperature of 45 degrees Fahrenheit within 4 hours; and
(2)    Frozen within 24 hours.
(d)    The Secretary shall adopt regulations that comply with the provisions of this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part IV - Miscellaneous Provisions › Section 21-330.2 - Food Allergy Awareness Posting Requirement

(a)    Beginning March 1, 2014, a food establishment shall display prominently in the staff area of the food establishment a poster relating to food allergy awareness that includes information regarding the risk of an allergic reaction.
(b)    On or before January 1, 2014, the Department, in consultation with the Restaurant Association of Maryland and Food Allergy Research and Education, shall create and make available on its website the poster required to be displayed under subsection (a) of this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part V - Soft Drinks › Section 21-332 - Renewal, Denial, Suspension, or Revocation of Registration

The Department shall renew, deny, suspend, or revoke a soft drink registration as provided for the renewal, denial, suspension, or revocation of a license under §§ 21-309, 21-311, 21-314, 21-315, 21-316, 21-317, and 21-318 of this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part V - Soft Drinks › Section 21-334 - Cleaning Soft Drink or Bottled Water Containers

(a)    This section applies to any container that is used to pack, store, distribute, or sell:
(1)    A soft drink; or
(2)    Bottled water.
(b)    Before putting a soft drink or bottled water in a container, a manufacturer shall clean the container in a manner approved by the Department or shall use clean containers.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part V - Soft Drinks › Section 21-335 - Metal or Composite Soft Drink Containers With Detachable Metal Tab Devices

(a)    A person may not sell or offer for sale at retail in this State any metal soft drink container or any composite soft drink container that is designed and constructed with an all metal tab opening device that detaches from the container when the container is opened in a manner which is normally used to empty the contents of the container.
(b)    The provisions of this section do not prohibit the sale or offer for sale of:
(1)    A beverage container sealed with a laminated tape seal, even if the seal contains aluminum foil, if the seal is not rigid;
(2)    Frozen beverage concentrates in all metal containers with detachable metal pull tabs customarily and primarily purchased for dilution and use within the home, or for similar purposes; and
(3)    Metal beverage containers with pull tabs for milk-based products, soy-based products, or similar products which require sterilization and pressure in the canning process.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VI - Crab Meat › Section 21-340 - Compliance With Standards Required

All crab meat sold in this State, whether processed in a crab meat plant in this State or in a crab meat plant outside this State, shall comply with this subtitle and meet the standards set by the regulations adopted under this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VI - Crab Meat › Section 21-341 - Misrepresentations and Sale or Possession of Unfit Crab Meat Prohibited

(a)    A person may not process, sell, or keep for sale, as crab meat, anything that is not crab meat.
(b)    A person may not process or sell for human consumption crab meat that:
(1)    Contains any filthy, putrid, or decomposed substance or is otherwise unfit for human consumption;
(2)    Has been packed or pasteurized in violation of this subtitle; or
(3)    Has been packed, prepared, or held under conditions that may have allowed the crab meat to become:
(i)    Contaminated with filth; or
(ii)    Injurious to health.
(c)    (1)    A licensee may not possess, with intent to sell for human consumption, any crab meat, the processing or sale of which would be a violation of this section.
(2)    Possession by a licensee of any crab meat, the processing or selling of which would be a violation of this section, is presumptive evidence of intent to sell the crab meat for human consumption.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VII - Shellfish › Section 21-346 - Importing Shellfish Prohibited; Exception

Except for shellstock that is imported into this State for replanting under the direction of the Department of Natural Resources, or commercially sterile shellfish or shellfish products, a person may not import shellfish into this State unless the shellfish is from a source certified by the appropriate agency responsible for interstate shellfish shipment.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VII - Shellfish › Section 21-347 - Importing Food Containing Shellfish Prohibited

(a)    Unless the shellfish contained in the food comes from a source certified by the appropriate agency responsible for interstate shellfish shipment, a person may not import into this State any food that contains shellfish.
(b)    Each processor of food that contains shellfish that is imported into this State shall:
(1)    Keep on file proof that the shellfish is from a source certified by the appropriate agency responsible for interstate shellfish shipment; and
(2)    Provide this proof to the Department on request.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VII - Shellfish › Section 21-348 - Processing, Sale, or Storage for Sale of Food Containing Shellfish From Unknown or Uncertified Source Prohibited

A person may not process, sell, or keep for sale any shellfish or any food that contains shellfish if the shellfish involved is from an unknown or uncertified source.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VII - Shellfish › Section 21-349 - Powers of Department

The Department may:
(1)    Detain and take any necessary action on any shipment of shellfish or any food that contains shellfish if the shellfish involved is from an unknown or uncertified source; and
(2)    Condemn and destroy any shellfish or any food that contains shellfish if the shellfish involved is from an uncertified source.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 3 - Food Establishments › Part VII - Shellfish › Section 21-350 - Shellfish or Processed Crabs to Be Maintained at Temperatures Established by the Department

(a)    (1)    Any vehicle that is used to transport, store, or sell shellfish for commercial purposes or processed crabs for commercial purposes shall be capable of maintaining the shellfish or processed crabs at a temperature established by the Department.
(2)    This subsection does not apply to a licensed harvester of shellfish who delivers the shellfish in a vehicle to a processor, retailer, or wholesaler on the day of harvest.
(b)    Any shellfish or processed crabs that are transported by, sold from, or stored in any vehicle for commercial purposes shall be maintained at a temperature established by the Department.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part I - Definitions; General Provisions › Section 21-404 - State Preemption

(a)    A political subdivision may not regulate any milk product that is produced, processed, and manufactured in accordance with this subtitle and the rules and regulations adopted under this subtitle.
(b)    Any milk product that is produced, processed, and manufactured in accordance with this subtitle and the rules and regulations adopted under this subtitle may be sold anywhere in this State.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part I - Definitions; General Provisions › Section 21-405 - Subtitle to Be Interpreted in Accordance With Grade a Pasteurized Milk Ordinance and Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements

(a)    Except as otherwise provided in this subtitle or by a rule or regulation adopted under this subtitle, this subtitle and the rules and regulations adopted under this subtitle shall be interpreted in accordance with the Grade A Pasteurized Milk Ordinance.
(b)    For all manufactured milk products and activities, this subtitle and the rules and regulations adopted under this subtitle shall be interpreted in accordance with Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
(c)    The Secretary shall keep on file a certified copy of the Grade A Pasteurized Milk Ordinance.
(d)    The Secretary shall keep on file a certified copy of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-410 - Permit Required; Exceptions; Classifications of Permits

(a)    Except as otherwise provided in this section, a person shall obtain a permit with a Grade A or a manufactured grade classification from the Secretary before that person may:
(1)    Bring, send, or receive a milk product into this State for sale;
(2)    Offer a milk product for sale;
(3)    Give a milk product away;
(4)    Store a milk product; or
(5)    Transport a milk product.
(b)    A permit is required to:
(1)    Be a bobtailer;
(2)    Be a bulk milk hauler/sampler;
(3)    Be a certified industry dairy farm inspector;
(4)    Be a milk processor;
(5)    Be a milk processor – farmstead cheese producer;
(6)    Be a milk producer;
(7)    Operate a distribution station;
(8)    Operate a milk transportation company;
(9)    Operate a receiving station; or
(10)    Operate a transfer station.
(c)    A permit is not required for:
(1)    A milk producer who is outside the departmental inspection area if the raw milk from that milk producer is processed by a milk processor who holds a permit issued under this subtitle;
(2)    A bulk milk hauler/sampler who receives raw milk from outside the departmental inspection area;
(3)    A grocery store, restaurant, soda fountain, or similar establishment where milk products are served or sold at retail if:
(i)    The establishment complies with all applicable provisions of this subtitle and all applicable rules or regulations adopted under this subtitle; and
(ii)    The milk product is received from a permit holder; or
(4)    A bulk milk hauler/sampler who is transporting a sealed tanker and not producers’ samples.
(d)    The Secretary shall designate all permits with one of the following classifications, as required by rules and regulations:
(1)    Grade A milk; or
(2)    Manufactured milk.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-411 - Qualifications of Applicants

(a)    To qualify for a permit, a person shall comply with the requirements of this subtitle and the rules and regulations adopted under this subtitle.
(b)    In addition to the requirements of subsection (a) of this section, to qualify for a certified industry dairy farm inspector permit or a bulk milk hauler/sampler permit, Grade A classification, the applicant shall meet the requirements of the Grade A Pasteurized Milk Ordinance.
(c)    In addition to the requirements of subsection (a) of this section, to qualify for a certified industry dairy farm inspector permit or a bulk milk hauler/sampler permit, manufactured milk classification, the applicant shall meet the requirements of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-412 - Applications for Permits

An applicant for a permit shall:
(1)    Submit an application to the Secretary on the form that the Secretary provides; and
(2)    Pay to the Secretary an annual fee established by the Secretary under § 2-104 of this article.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-413 - Required Inspections

(a)    If the property of the applicant is in the departmental inspection area, before issuing a permit, the Secretary shall inspect the property, buildings, and equipment of an applicant for:
(1)    A bobtailer permit;
(2)    A distribution station permit;
(3)    A milk processor permit;
(4)    A milk processor – farmstead cheese producer permit;
(5)    A milk producer permit;
(6)    A milk transportation company permit;
(7)    A receiving station permit; or
(8)    A transfer station permit.
(b)    Each inspection under this section shall be to determine whether the property, buildings, equipment, and their operation conform to the rules and regulations adopted under this subtitle.
(c)    To ensure continued conformity to the rules and regulations adopted under this subtitle, the Secretary from time to time shall reinspect the property, buildings, and equipment of each permit holder for whom an initial inspection is required under this section.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-414 - Certified Industry Dairy Farm Inspectors

(a)    The Secretary shall certify industry personnel as certified industry dairy farm inspectors.
(b)    Each certified industry dairy farm inspector shall cooperate with the Secretary in carrying out the provisions of this subtitle and the rules and regulations adopted under this subtitle for the supervision of dairy farms.
(c)    A certified industry dairy farm inspector may inspect a dairy farm to determine whether the dairy farm complies with this subtitle and the rules and regulations adopted under this subtitle for dairy farms.
(d)    A certified industry dairy farm inspector may not:
(1)    Take punitive action; or
(2)    Make an inspection for the issuance or reinstatement of a permit.
(e)    Each certified industry dairy farm inspector shall send to the Secretary a report of each inspection that the certified industry dairy farm inspector makes.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-415 - Issuance of Permit

(a)    The Secretary shall issue the appropriate permit to any applicant who meets the requirements of this subtitle and the rules and regulations adopted under this subtitle for that permit.
(b)    A separate permit shall be issued for each place of operation that meets the requirements of this subtitle.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-416.1 - Farmstead Cheese Program

(a)    The Secretary may establish a farmstead cheese program after the Secretary:
(1)    Adopts regulations to implement the program; and
(2)    Issues a milk processor – farmstead cheese producer permit to a qualified applicant.
(b)    Subject to the availability of sufficient inspection and testing staff, equipment, and other resources, the Secretary may issue milk processor – farmstead cheese producer permits under the program.
(c)    To qualify for a milk processor – farmstead cheese producer permit the applicant shall meet any requirements established by the Department by regulation.
2023 Maryland Statutes › Health - General › Title 21 - Food, Drugs, and Cosmetics › Subtitle 4 - Milk Products › Part II - Permit Process › Section 21-417 - Term, Renewal, and Nontransferability of Permits

(a)    (1)    Except for a milk producer permit, a permit expires on the first anniversary of its effective date, unless the permit is renewed for a 1–year term as provided in this section.
(2)    A milk producer permit does not expire.
(b)    Except for a milk processor – farmstead cheese producer permit, before the permit expires, its holder may renew it for an additional 1–year term, if the holder:
(1)    Otherwise is entitled to a permit;
(2)    Pays to the Secretary a renewal fee equal to the fee for an original permit of the same type; and
(3)    Submits to the Secretary a renewal application on the form that the Secretary requires.
(c)    (1)    Except for a milk processor – farmstead cheese producer permit, the Secretary shall renew the permit of each applicant for renewal who meets the requirements of this section.
(2)    Subject to the ongoing availability of sufficient inspection and testing staff, equipment, and other resources, the Secretary may renew a milk processor – farmstead cheese producer permit for an additional 1–year term if the holder meets the requirements established by regulation.
(d)    A permit is not transferable.