.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 are not sold or served unless they are produced, processed, stored, transported, and distributed in accordance with COMAR 10.15.06 and COMAR 10.15.09, including:

(1) Fluid milk;

(2) Other fluid dairy products;

(3) Manufactured milk products; and

(4) Reconstituted dry milk or dry milk products used only for:

(a) Instant desserts;

(b) Whipped products; and

(c) Cooking and baking purposes;

D. Frozen desserts including ice cream, soft frozen desserts, ice milk, sherbets, ices, gelato, and frozen dessert mix are manufactured and sold in accordance with COMAR 10.15.05;

E. Shellfish:

(1) Are obtained from an approved source;

(2) Are from a firm listed in the “Interstate Certified Shellfish Shippers List”;

(3) Are processed, handled, packed, labeled, and identified in accordance with COMAR 10.15.07;

(4) Containers are identified with a tag or label as set forth in COMAR 10.15.07; and

(5) Tags are maintained on the premises for 90 calendar days after a container of shellfish is emptied to identify readily the source of the shellfish, by:

(a) Recording the date on the tag or label when the last shellfish from the container is sold or served;

(b) Using an approved record keeping system that:

(i) Keeps the tags or labels in chronological order; and

(ii) Preserves source identification if tags or labels are removed from the container; and

(c) Ensuring that shellfish from one tagged or labeled container is not mixed with shellfish from another container if the tags or labels are removed from the container.

F. Crab meat is processed, handled, and packed in accordance with COMAR 10.15.02;

G. Seafood is processed, handled, and packed in accordance with COMAR 10.15.10;

H. Meat and poultry have been inspected for wholesomeness by the approving authority; and

I. Ice is:

(1) Made:

(a) From a potable water supply;

(b) In an ice-making machine that:

(i) Meets the standards in Regulation .15 of this chapter; and

(ii) Is located, installed, operated, and maintained to prevent contamination;

(2) If not manufactured on site, obtained from an approved source;

(3) Handled, transported, and stored in a manner that precludes contamination; and

(4) Not reused.