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.

B. The person-in-charge shall ensure that a food service facility operated by an excluded organization without a license:

(1) Complies with Regulations .01 —.15A(3)—(11), .16—.23, .26—.27, and .29—.39 of this chapter; and

(2) When serving potentially hazardous food, serves only potentially hazardous food:

(a) Prepared at the excluded organization; or

(b) In a licensed food establishment.

C. During the operation of a special food service facility, the person-in-charge of an unlicensed excluded organization shall ensure compliance with:

(1) Regulations .01—.06, .08, .12—.14, .15A(3)—(6), .19—.20, .22B—D, .23, .26, .29—.33, and .35—.39 of this chapter, if the unlicensed excluded organization is a special food service facility that:

(a) Handles only potentially hazardous food that remains within the original container or wrapping; and

(b) Does not prepare, wrap, or package food at the facility; or

(2) Regulations .01—.06, .08—.14, .15A(3)—(11), .16—.20, .22B—D, .23, .26, and .29—.39 of this chapter, if the unlicensed excluded organization is a special food service facility that:

(a) Handles food that is removed from the original container or wrapping; or

(b) Prepares, packs, or wraps potentially hazardous food at the facility.

D. The person-in-charge shall ensure that an unlicensed excluded organization does not:

(1) Operate a bed and breakfast;

(2) Operate a semi-permanent food service; or

(3) Except as provided for in §G of this regulation, perform retail food manufacturing.

E. The person-in-charge shall ensure that, when an unlicensed excluded organization plans a single event to prepare or serve potentially hazardous food to 200 or more individuals from the public:

(1) Written notification of the event is submitted to the approving authority not less than 30 days before the scheduled event; and

(2) The written notification required in §E(1) of this regulation contains:

(a) The date, place, and time of the event;

(b) The estimated number of individuals to be served at the event;

(c) A menu or list of foods to be served;

(d) The source of all potentially hazardous foods to be served;

(e) A list of foods to be prepared more than 12 hours in advance of service;

(f) If food is to be prepared off-premises, the:

(i) Name of the facility to be used; and

(ii) Procedures for transporting food to the premises;

(g) The name, address, and telephone number of a responsible contact individual; and

(h) Any other information requested by the approving authority in order to review the food preparation and service.

F. The person-in-charge shall ensure that when an unlicensed excluded organization that is a volunteer fire company plans to serve food to the public for up to 30 consecutive days, a written notice is provided to the Department that includes the:

(1) Dates on which the food will be prepared;

(2) Methods of storing and serving food; and

(3) Methods or procedures that will be followed to ensure food:

(a) Safety; and

(b) Security.

G. In Carroll County, a religious organization that meets the definition of an excluded organization as set forth in Regulation .02B(28) of this chapter, and complies with COMAR 10.15.01.09AD and .10A and 10.15.04.08, or a county-owned and county-operated park or facility that is hosting a public festival, may offer for sale directly to the public the following types of homemade style food, only if the food is produced at the kitchen of the excluded organization:

(1) Fruit butter made only from:

(a) Apples;

(b) Apricots;

(c) Grapes;

(d) Peaches;

(e) Plums; or

(f) Quince;

(2) Jam, preserve, or jelly, made only from:

(a) A fruit listed in §G(1) of this regulation;

(b) Oranges;

(c) Nectarines;

(d) Tangerines;

(e) Blackberries;

(f) Raspberries;

(g) Blueberries;

(h) Boysenberries;

(i) Cherries;

(j) Cranberries;

(k) Strawberries; or

(l) Red currants;

(3) Fruit pies made from a fruit listed in §G(1) and (2) of this regulation; and

(4) Honey.