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10.15.03.00.htm 10.15.03.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 15 FOOD Chapter 03 Food Service Facilities Authority: Agriculture Article, §4-311; Health-General Article, §18-102, 21-101, 21-102, 21-211, 21-234, 21-301, 21-304, 21-308, 21-309.1, 21-309.2, 21-324.1, and 21-330.1; Annotated Code of Maryland
10.15.03.01.htm 10.15.03.01. 01 Scope.. This chapter:. A. Governs food service facilities in Maryland;. B. Along with COMAR 10.15.04, 15.04.01, and 15.11.11, establishes the standards for the control of Salmonella Enteritidis in shell eggs and egg-producing chickens as part of a program jointly administered by the Maryland Department of Health and Mental Hygiene and the Maryland Department of Agriculture; andC. Is not intended to govern the food service operations in a child care center as defined in Family
10.15.03.02.htm 10.15.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Acceptable" means agreeable to the use or presence of equipment or a practice when standards are not developed or when developed standards are inappropriate, because the approving authority has determined that the equipment or practice conforms to principles, practices, and generally recognized standards that protect public health.2) Adulterated.. a) "Adulterated" has the
10.15.03.03.htm 10.15.03.03. 03 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated.. 1) 21 CFR, as amended;. 2) 9 CFR, as amended; and. 3) 21 U.S.C. §343, as amended..
10.15.03.04.htm 10.15.03.04. 04 Food Supplies and Sources: General.. The person-in-charge shall ensure that:. A. Food served to the public is:. 1) Wholesome and free from contamination;. 2) Not adulterated;. 3) Safe for human consumption;. 4) Obtained from an approved source; and. 5) If in packaged form, labeled in accordance with:. a) COMAR 10.15.01;. b) COMAR 10.15.02;. c) COMAR 10.15.04; and. d) This chapter;. B. Eggs and egg products comply with Regulation .05 of this chapter;. C. Milk and milk products
10.15.03.05.htm 10.15.03.05. 05 Eggs and Egg Products.. A. The person-in-charge shall ensure that:. 1) Only clean, whole Grade A or higher grade eggs with shell intact and without cracks, or pasteurized eggs or egg products, are used;2) An invoice or other equivalent record is obtained from the supplier for each delivery of shell eggs;3) The invoice or equivalent record required in §A(2) of this regulation contains the following information written in English:a) Name and address of the seller and buyer;.
10.15.03.06.htm 10.15.03.06. 06 Food Protection During Storage, Service, and Transport.. The person-in-charge shall ensure that:. A. At all times:. 1) Food is:. a) Not adulterated; and. b) Protected from contamination during storage, preparation, display, service, and transportation;. 2) The internal temperature of a food is maintained according to the requirements of this chapter to preclude the growth of pathogenic bacteria and other microorganisms that could cause spoilage;3) Except during necessar
10.15.03.07.htm 10.15.03.07. 07 Food Protection During Outdoor Preparation and Service.. The person-in-charge shall ensure that:. A. During the use of outdoor cooking equipment, such as a barbeque grill, at a food service facility:1) Equipment:. a) Is used only at the food service facility for service to patrons;. b) Is located:. i) On an impermeable surface;. ii) In close proximity to the food preparation area of the food service facility; and.
10.15.03.08.htm 10.15.03.08. 08 Use of Time-Only with Potentially Hazardous Food.. A. The approving authority may approve the use of time-only, rather than time in conjunction with temperature, for food protection as set forth in §B of this regulation.B. The person-in-charge shall ensure that:. 1) Before using time-only while holding or preparing a potentially hazardous food:. a) A written request is submitted to and approved by the approving authority for a specific food under specific conditions of
10.15.03.09.htm 10.15.03.09. 09 Food Preparation ― Temperature and Cross-Contamination Control.. The person-in-charge shall ensure that:. A. Food temperature measuring devices are:. 1) Used to monitor the temperature of potentially hazardous foods;. 2) Graduated and accurate within plus or minus 2°F;. 3) Calibrated annually or more frequently; and. 4) Cleaned and sanitized between uses in different foods to prevent cross-contamination;.
10.15.03.10.htm 10.15.03.10. 10 Food Preparation ― Cooking.. A. Except as provided in §B―D of this regulation, the person-in-charge shall ensure that potentially hazardous food is cooked to the minimum internal temperature and for the specified holding time as follows:1) Chart 1. Summary of Minimum Cooking and Reheating Food Temperatures and Holding Times.. FOOD. MINIMUM INTERNAL TEMPERATURE. HOLDING TIME AT SPECIFIED TEMPERATURE. C.
10.15.03.11.htm 10.15.03.11. 11 Food Preparation ― Cooling and Reheating of Potentially Hazardous Foods.. The person-in-charge shall ensure that:. A. Except as specified in Regulation .06B(8) of this chapter, a:. 1) Potentially hazardous cooked food's internal temperature is cooled from 135°F to 70°F within 2 hours and from 70°F to 41°F or less within an additional 4 hours; and2) Ready-to-eat potentially hazardous food for cold service, such as reconstituted foods, salads, and canned meat, are cooled
10.15.03.12.htm 10.15.03.12. 12 Food Labeling.. A. The person-in-charge shall ensure that:. 1) Except as specified in §B of this regulation, each item of packaged food has a label containing the following information:a) The common name of the food or a descriptive identity statement;. b) If made from two or more ingredients:. i) A list of ingredients in descending order of prominence by weight; and. ii) A declaration of artificial color or flavor and chemical preservatives;. c) An accurate declaratio
10.15.03.13.htm 10.15.03.13. 13 Food Protection from Poisonous or Toxic Materials.. The person-in-charge shall ensure that:. A. Except for packaged poisonous or toxic products offered in their unopened original containers for retail sale, only poisonous or toxic materials needed to maintain sanitary conditions and to sanitize equipment and utensils are located in a food or food utensil area;B. A container of a poisonous or toxic material is:. 1) Kept in the original bulk container before use;.
10.15.03.14.htm 10.15.03.14. 14 Personnel Health and Sanitation.. The person-in-charge shall ensure that:. A. As set forth in COMAR 10.06.01.06E, a food handler does not serve or handle food intended for public consumption if the food handler:1) Has any of the following diseases:. a) Diarrhea caused by Entamoeba histolytica;. b) Cholera;. c) Disease causing diarrhea, unless physician-certified as noninfectious;. d) E. coli O157:H7;. e) Hepatitis A;. f) Diarrhea caused by Salmonella;. g) Shigellosis;.
10.15.03.15.htm 10.15.03.15. 15 Food Equipment and Utensils.. A. The person-in-charge shall ensure that:. 1) Except as provided in §A(2) (6) and (15) and B of this regulation, food equipment meets one or more of the following design standards:a) National Sanitation Foundation (NSF) or equivalent sanitation certification from:. i) The Etlsemko division of Intertek Group PLC (Intertek ETL SEMKO). ii) Canadian Standards Association (CSA) or. iii) Underwriters Laboratories (UL).
10.15.03.16.htm 10.15.03.16. 16 Cleaning and Sanitizing Equipment and Utensils.. The person-in-charge shall ensure that:. A. Food contact surfaces of equipment and utensils are effectively cleaned and sanitized by:. 1) Removing soil and food particles by one or more of the following:. a) Flushing;. b) Soaking;. c) Scraping;. 2) Cleaning with a suitable commercial detergent;. 3) Rinsing with potable water; and. 4) Sanitizing, using:.
10.15.03.17.htm 10.15.03.17. 17 Storage and Handling of Cleaned Equipment and Utensils.. The person-in-charge shall ensure that:. A. Contamination of food-contact surfaces of cleaned and sanitized equipment and utensils is prevented by handling:1) Cleaned spoons, knives, and forks by the utensil's handles only; and. 2) Cleaned cups, glasses, and bowls so that hands do not contact inside surfaces or mouth-contact surfaces;B. The food-contact surfaces of equipment are protected from:. 3) Other contamination;.
10.15.03.18.htm 10.15.03.18. 18 Control of Sanitary Facilities.. The person-in-charge shall ensure that:. A. Potable water is:. 1) Obtained from a water supply system that complies with Environment Article, Title 9, Annotated Code of Maryland, and COMAR 26.04.04; and2) Meets the standards of quality specified in Environment Article, Title 9, Annotated Code of Maryland, and COMAR 26.04.01;B. Non-potable water for non-culinary purposes such as air conditioning or fire protection is used only if the system complie
10.15.03.19.htm 10.15.03.19. 19 Garbage and Rubbish Disposal.. The person-in-charge shall ensure that:. A. Garbage is stored in the following ways as applicable to the facility:. 1) In containers that:. a) Are sufficient in number to hold all of the garbage that accumulates between periods of removal from the premises;b) Do not leak or absorb liquids;. c) Are constructed of durable metal or another approved type of material; and. d) Are provided with tight-fitting lids or covers unless kept in a:.
10.15.03.20.htm 10.15.03.20. 20 Vermin Control.. The person-in-charge shall ensure that:. A. A food service facility may operate with its outer doors and windows open unless, while the food service facility is operating with the outer doors or outer windows open, the approving authority: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 orB. If the approving autho
10.15.03.21.htm 10.15.03.21. 21 Building ― Floors, Walls, and Ceilings.. The person-in-charge shall ensure that:. A. A floor and floor covering is kept:. 1) Clean; and. 2) In good repair;. B. The floor in a food preparation, food processing, food storage, utensil washing, dressing or locker, toilet, and walk-in refrigerator room or area is constructed of epoxy, sealed concrete, quarry tile, ceramic tile, commercial grade continuous sheet vinyl, or similar material that makes the floor:1) Smooth;. 2) Durable;.
10.15.03.22.htm 10.15.03.22. 22 Building ― Lighting and Ventilation.. The person-in-charge shall ensure that:. A. Light fixtures, decorative material, and similar equipment and material attached to walls or ceilings are kept clean;B. Lighting provides artificial light at:. 1) 50 footcandles at a surface where a food employee is working with food, utensils, or equipment;. 2) 20 footcandles at 30 inches from the floor in a:. a) Storage area;. b) Toilet room;. d) Garbage and rubbish storage area;.
10.15.03.23.htm 10.15.03.23. 23 Building ― Cleanliness and Operations.. A. The person-in-charge shall ensure that:. 1) The facility and parts of the property associated with the operation of the facility are kept:. a) Clean; and. b) Free of litter and rubbish;. 2) Traffic through the food operation and utensil washing areas is limited to on-duty personnel conducting pertinent job-related functions;3) The facility is not used for living or sleeping quarters;.
10.15.03.24.htm 10.15.03.24. 24 Food Manufacturing in Food Service Facilities.. A. A person who is licensed to operate a food service facility may manufacture food for sale or distribution as provided in §B, C, and E of this regulation.B. The person-in-charge shall ensure that before a food is manufactured in a food service facility:. 1) Plans for the manufacturing:. a) Are submitted to the Department;. b) Are approved in writing by the Department based on a review that indicates compliance with this r
10.15.03.25.htm 10.15.03.25. 25 Special Food Service Facilities.. A. For a special food service facility that handles only potentially hazardous food that remains in the original container or wrapping and that does not prepare, wrap, or package the food at the facility, the person-in-charge shall ensure that:1) Compliance is maintained with Regulations .01―06, .08, .12―14, .15A(3)6) .19―23, .25, .28―33, and .35―39 of this chapter; and2) When single service articles are used, the single service articles compl
10.15.03.26.htm 10.15.03.26. 26 Excluded Organizations.. A. Pursuant to Health-General Article, §21-304(a)2) Annotated Code of Maryland, an excluded organization shall make:1) A non-rescindable decision to operate with a license 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 service facility operated by an excluded organization without a license.
10.15.03.27.htm 10.15.03.27. 27 Farmer's Market, Bake Sales, and Cottage Food Business.. A. The approving authority shall accept as being from an approved source the homemade foods specified in §B of this regulation when the foods are:1) Made in a private home kitchen; and. 2) Offered or sold only at a farmer's market, bake sale, or public event.. B. The approving authority shall allow the preparation and sale of the following foods in accordance with §A of this regulation:1) Non-potentially hazard
10.15.03.28.htm 10.15.03.28. 28 Licenses.. A. The approving authority shall require a farmer to obtain a producer mobile farmer's market unit license as specified in COMAR 10.01.17 and 10.15.04 for the sale of a farm product at a farmer's market or at a public event that is not:1) A raw agricultural product as defined in Regulation .02B(61) of this chapter; or. 2) A pre-packaged non-potentially hazardous food.. B. A local health department may:. 1) Not require a farmer to obtain a producer mobil
10.15.03.29.htm 10.15.03.29. 29 Food Service Facility Inspections ― General.. A. The person-in-charge shall permit a representative of the approving authority to:. 1) Enter a food service facility at a reasonable time for the purpose of making inspections to determine compliance with this chapter; and2) Examine the records of the facility that pertain to information regarding food and supplies purchased, received, or used.B. The person-in-charge shall inform the approving authority of, and keep c
10.15.03.30.htm 10.15.03.30. 30 Food Service Facility Inspections ― Types and Frequencies.. 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
10.15.03.31.htm 10.15.03.31. 31 Time Period for Correction of Violations.. A. The person-in-charge shall correct:. 1) Critical item violations immediately;. 2) Other violations except as provided in §A(3) of this regulation within:. a) 30 days of the inspection; or. b) Another time period specified by the approving authority based on applicable State and local laws, regulations, and ordinances; and3) Other violations at a temporary food service facility within:. a) 24 hours of the inspection; or.
10.15.03.32.htm 10.15.03.32. 32 Required Postings.. The person-in-charge shall ensure that a food service facility:. A. That prepares food and provides seating for patrons posts a diagram on the use of manual maneuvers to prevent asphyxiation due to choking, in accordance with Health-General Article, §21-326, Annotated Code of Maryland; andB. Displays prominently in the staff area of the food establishment a poster related to food allergy awareness that includes information regarding the
10.15.03.33.htm 10.15.03.33. 33 Plan Review.. A. The person-in-charge shall ensure that plans and specifications are submitted to and approved by the approving authority before a food establishment is:1) Constructed;. 2) Remodeled; or. 3) Materially altered.. B. The person-in-charge shall ensure that the information submitted to the approving authority includes:1) A scale drawing of the proposed facility that identifies the layout and arrangement of work areas and the location of all 2) A description of:.
10.15.03.34.htm 10.15.03.34. 34 HACCP Plan Compliance.. The person-in-charge of a high or moderate priority food service facility shall ensure that:. A. A HACCP plan is:. 1) In compliance with Regulation .33E and F of this chapter;. 2) Within the food preparation area during operation;. 3) Readily accessible to employees at all times; and. 4) Updated as follows:. a) When a change in food processes or procedures change one or more CCP; and. b) At least once every 5 years;.
10.15.03.35.htm 10.15.03.35. 35 Enforcement Procedures.. A. The approving authority shall ensure that when a food service facility is found in violation of any provision of this chapter, the licensee is notified:1) Of the specific findings;. 2) Of a specific date by which the licensee shall correct the violations or deficiencies; and. 3) That, if the licensee fails to correct the violation by the date specified, the approving authority may suspend or revoke the license.B. When a person is viola
10.15.03.36.htm 10.15.03.36. 36 Foodborne Disease Investigation and Control.. The approving authority shall ensure that:. A. When there is reasonable cause to suspect foodborne disease transmission from a food service facility employee:1) A morbidity history of the suspected employee is taken;. 2) An investigation is conducted; and. 3) The appropriate follow-up action is taken that may include:. a) Immediate exclusion of the employee from all food handling positions within the facility; and.
10.15.03.37.htm 10.15.03.37. 37 Sampling, Detention, and Condemnation of Food.. The approving authority shall:. A. Sample and examine food as often as necessary for enforcement of this chapter;. B. Sample food in accordance with Health-General Article, §21-249 and 21-251, Annotated Code of Maryland; andC. Take action on a food in accordance with Health-General Article, §21-211, 21-253, and 21-254, Annotated Code of Maryland, by:1) Issuing a detention order;. 2) Destroying the food; or.
10.15.03.38.htm 10.15.03.38. 38 Penalties.. A person who violates any of the provisions of this chapter or refuses, neglects, or fails to comply with the provisions and requirements of this chapter is subject to:A. Penalties, fines, and imprisonment as set forth in Health-General Article, §21-1214 and 21-1215, Annotated Code of Maryland; andB. Penalties and fines as provided by local law, ordinance, or regulation in accordance with Health-General Article, §21-309.2(e)3) Annotated Code of Maryland.
10.15.03.39.htm 10.15.03.39. 39 Federal Compliance.. In addition to the other requirements set forth in this chapter, the person in charge shall ensure that the food service facility meets all of the requirements applicable to food sources, storage, preparation, and service that are set forth at:A. 21 CFR, as amended;. B. 9 CFR, as amended; and. C. 21 U.S.C. §343, as amended..
10.15.03.9999.htm 10.15.03.9999. Administrative History Effective date: January 1, 1976 (2:28 Md. R. 1669). Regulations .01; .02K, N, X; .03A, B; .05B; .06D, G; .07A―C; .08B amended and .02Q-1 adopted effective December 19, 1983 (10:25 Md. R. 2268)Regulation .02X adopted effective September 21, 1979 (6:19 Md. R. 1518). Regulations .03B, .05B, .07E, and .09B, C amended effective September 21, 1979 (6:19 Md. R. 1518) ―. Chapter revised as an emergency provision effective August 2, 1989 (16:17 M
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