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10.15.08.00.htm 10.15.08.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 15 FOOD Chapter 08 Farmstead Cheese Program Authority: Health-General Article, §21-211, 21-234, 21-406, 21-416.1, 21-417, 21-418, 21-419, 21-428, 21-434, 21-252―21-256, 21-1202, 21-1203, and 21-1215, Annotated Code of Maryland
10.15.08.01.htm 10.15.08.01. 01 Scope.. This chapter:. A. Establishes a farmstead cheese program; and. B. Sets forth the regulation and enforcement process for:. 1) The plan review process for facilities and equipment;. 2) The permitting process for the manufacture of cheese made from raw milk;. 3) Farmstead cheese:. a) Production;. b) Labeling;. c) Record keeping;. d) Inspections;. e) Packaging;. f) Distribution;. g) Sale;. h) Sampling;. i) Testing; and. 4) Assessment of the penalties pursuant to Health-
10.15.08.02.htm 10.15.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Aging of cheese” means the storing and maturing of cheese under controlled conditions of temperature and humidity.2) “Aging period” means the aging of raw milk cheese for at least 60 calendar days at a temperature of not less than 35°F.3) “Aging room” means the area where the aging of cheese takes place.. 4) “Dairy farm” means a place or premises:. a) Where one or more lact
10.15.08.03.htm 10.15.08.03. 03 Incorporation by Reference.. In this chapter, the following documents are incorporated by reference:. A. 21 CFR Part 101, as amended;. B. 21 CFR Part 110, as amended;. C. 21 CFR Part 133, as amended;. D. Nutrition Labeling and Education Act of 1990 (Public Law 101-535) as amended;. E. United States Food and Drug Administration Food Compliance Program, "Domestic and Imported Cheese and Cheese Products" November 19, 1998.F. 21 USC §401―423, as amended;. G. Food and Drug Administ
10.15.08.04.htm 10.15.08.04. 04 General Requirements.. A. The Department shall ensure that all inspections, sampling, testing, and enforcement actions performed by the State are carried out as set forth and in compliance with the standards, requirements, and procedures specified in:1) Health-General Article, Title 21, Annotated Code of Maryland;. 2) Federal Food, Drug and Cosmetic Act, 21 USC §341―350; and. 3) Nutrition Labeling and Education Act of 1990 (Public Law 101-535). B. An individual engaged
10.15.08.05.htm 10.15.08.05. 05 Permitting Requirements.. A. Pursuant to Health-General Article, §21-410 and 21-412, Annotated Code of Maryland, a person shall obtain a permit from the Department and pay the required fee, as specified in COMAR 10.01.17, to the Department before the person may be a:1) Milk producer; or. 2) Milk Processor ― Farmstead Cheese Producer.. B. The Department may grant or deny a permit based on the criteria, as set forth in this chapter..
10.15.08.06.htm 10.15.08.06. 06 Sanitation Inspection Frequencies and Reports for Plants.. A. A farmstead cheese processor shall meet the standards set forth in this chapter.. B. The Department shall conduct sanitation inspections of a plant within the Departmental Inspection Area and any other area designated by the Department:1) At the start-up of farmstead cheese processing;. 2) Once every 6 months; and. 3) In response to a complaint received by the Department or a local health department..
10.15.08.07.htm 10.15.08.07. 07 Sanitation Inspection Standards for a Plant.. A plant shall meet the sanitation inspection standards set forth in this regulation:. A. Floor ― Construction.. 1) The floor of each room in which product containers, utensils, equipment, milk, or cheese products are handled, processed, packaged, stored, or washed shall be:a) Constructed of concrete or other equally impervious and easily cleanable material; and.
10.15.08.08.htm 10.15.08.08. 08 Examination and Standards of Raw Milk, Farmstead Cheese Finished Products, and Water Supply.. A. Raw Milk Sampling and Testing Standards.. 1) The farmstead cheese processor is responsible for the collection and cost associated with the sampling and testing of raw milk used for the manufacture of farmstead cheese;2) Sampling shall be conducted by an industry plant sampler;. 3) The raw milk used for the manufacture of farmstead cheese shall be tested monthly for:. a) Bacteria;.
10.15.08.09.htm 10.15.08.09. 09 Enforcement Actions.. A. Raw Milk Enforcement.. 1) When two of the last four consecutive bacterial count or cooling temperatures, taken on separate days, exceed the limit for raw milk, as set forth in this chapter, the Department shall:a) Send to the permit holder a written notice of intent to suspend the permit which shall remain in effect as long as two of the last four consecutive samples exceed the limit of the standard; andb) Take an additional sample within 21 days of the
10.15.08.10.htm 10.15.08.10. 10 Improper Handling of Milk Products.. A. Pursuant to Health-General Article, §21-428, Annotated Code of Maryland, the Department shall impound milk or a milk product intended for human consumption due to improper handling.B. The Department may:. 1) Issue an order to make the milk or milk product unusable for consumption before disposing of the milk or milk product; and2) Impose a civil monetary penalty, as set forth in §C of this regulation.. C. The Department shall d
10.15.08.11.htm 10.15.08.11. 11 Labeling of Farmstead Cheese.. A farmstead cheese processor shall:. A. Ensure all labels for a farmstead cheese product conform to the standards and requirements established by:1) The Federal Food, Drug, and Cosmetic Act, 21 USC, §341―350f;. 2) The Nutrition Labeling and Education Act of 1990 (Public Law 101-535). 3) 21 CFR Parts 101 and 133; and. 4) Health-General Article, §21-424, Annotated Code of Maryland; and.
10.15.08.12.htm 10.15.08.12. 12 Sale of Raw Milk.. Pursuant to Health-General Article, §21-434, Annotated Code of Maryland, a person may not sell raw milk for human consumption.
10.15.08.13.htm 10.15.08.13. 13 Animal Health.. All raw milk for farmstead cheese shall meet the Animal Health requirements as set forth in the Grade “A” Pasteurized Milk Ordinance, Section 8, incorporated by reference in Regulation .03 of this chapter.
10.15.08.14.htm 10.15.08.14. 14 Plant Construction and Plan Submission.. Pursuant to Health-General Article, §21-410, 21-411, and 21-413 for construction, reconstruction, or extensive alteration of a milk facility, a person shall submit to the Department:A. A plan and specification before:. 1) A plant is constructed, reconstructed, or extensively altered;. 2) An existing building or structure is converted or remodeled for use as a plant;. 3) A plant process is added, replaced, relocated, or modified; or.
10.15.08.15.htm 10.15.08.15. 15 Physical Plant Requirements for Plants.. A. Water used at a farmstead cheese facility shall:. 1) Be obtained from a potable water supply system that complies with:. a) Environment Article, Title 9, Annotated Code of Maryland;. b) COMAR 26.04.04; and. c) The Grade “A” Pasteurized Milk Ordinance, Appendix D, incorporated by reference in Regulation .03 of this chapter;2) Be installed in a manner that prevents backflow or back siphoning;. 3) Be separate from a non
10.15.08.16.htm 10.15.08.16. 16 Plan Review and Approval Process.. A. An applicant may not construct, reconstruct, or extensively alter a plant without prior plan approval from the Department.B. An applicant for a permit shall submit a plan to the Department that includes the requirements set forth in Regulations .14 and .15 of this chapter.C. The Department shall:. 1) Review the plan submitted under this regulation to ensure compliance with the requirements set forth in Regulations .14 an
10.15.08.17.htm 10.15.08.17. 17 Personnel Health.. No individual affected with any disease capable of being transmitted to others through the contamination of food shall work at a plant in any capacity which brings them into direct contact with:A. Raw milk, a farmstead cheese product, and a food ingredient; or. B. Associated raw milk and a food product contact surface..
10.15.08.18.htm 10.15.08.18. 18 Procedure When Infection or High Risk of Infection is Suspected or Discovered.. In accordance with Health-General Article, §18-102, 21-253, 21-254, and 21-435, Annotated Code of Maryland, when an individual working at a plant has a communicable disease or is a carrier of a communicable disease the Department:A. Shall immediately exclude the:. 1) Individual from handling milk, milk products, milk containers, and milk equipment; and.
10.15.08.19.htm 10.15.08.19. 19 Confidentiality.. The Department shall maintain confidentiality of records submitted by a person in accordance with §4-335 of the General Provisions Article, Annotated Code of Maryland.
10.15.08.20.htm 10.15.08.20. 20 Suspension and Revocation of Permits.. A. When a farmstead cheese processor is found in violation of this chapter, the Department may suspend or revoke a permit as set forth in this regulation and Health-General Article, §21-211, 21-418, or 21-419, Annotated Code of Maryland.B. Except as otherwise provided in this regulation, before suspending a permit, the Department shall give to the farmstead cheese processor notice of intent to suspend as provided by Health-General Ar
10.15.08.21.htm 10.15.08.21. 21 Appeals Process.. In accordance with the Administrative Procedures Act and Health-General Article, §21-419 the Department shall ensure that an opportunity for a hearing is provided to a farmstead cheese processor whose plan review or permit has been:A. Denied;. B. Suspended; or. C. Revoked..
10.15.08.9999.htm 10.15.08.9999. Administrative History Effective date: May 4, 2009 (36:9 Md. R. 651). Regulation .01A amended effective December 28, 2009 (36:25 Md. R. 1954). Regulation .04 amended effective December 28, 2009 (36:25 Md. R. 1954) ―. Chapter revised effective March 28, 2016 (43:6 Md. R. 407). Regulation .02B amended effective February 27, 2017 (44:4 Md. R. 254). Regulation .03H amended effective February 27, 2017 (44:4 Md. R. 254).
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