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 in the State:
(a) Subject to the requirements of §C(5) and (6) of this regulation, at a retail food store; or
(b) Directly to a consumer:
(i) At a farmer’s market;
(ii) At a bake sale;
(iii) At a public event;
(iv) By personal delivery; or
(v) By mail order.
B. The approving authority shall allow the preparation and sale of the following foods in accordance with §A of this regulation:
(1) Non-potentially hazardous hot-filled canned acid fruit jellies, jams, preserves, and butters that are:
(b) Packaged to maintain food safety and integrity; and
(c) Labeled in accordance with Regulation .12 of this chapter;
(2) Fruit butters made only from:
(g) Quince; or
(h) Another fruit or fruit mixture that will produce an acid canned food;
(3) Jam, preserve, or jelly made only from:
(a) A fruit listed in §B(2) of this regulation;
(l) Red currants; or
(m) Another fruit or fruit mixture that will produce an acid canned food;
(4) Non-potentially hazardous baked goods;
(5) Foods manufactured on a farm by a licensed food processor in accordance with COMAR 10.15.04.19;
(6) Non-potentially hazardous candy; and
(7) All other non-potentially hazardous foods produced by a licensed entity.
C. Cottage Food Business.
(1) The approving authority shall allow the owner of a cottage food business to sell only cottage food products processed and packaged in Maryland that are:
(a) Produced or packaged in a residential kitchen;
(b) Stored on the premises of the cottage food business; and
(c) Prepackaged with a label that contains the following information:
(i) The name and address of the cottage food business;
(ii) The name of the cottage food product;
(iii) The ingredients of the cottage food product in descending order of the amount of each ingredient by weight;
(iv) The net weight or net volume of the cottage food product;
(v) Allergen information as specified by federal labeling requirements;
(vi) Nutritional information as specified by federal labeling requirements, if any nutritional information claim is made;
(vii) Printed in 10 point or larger type in a color that provides a clear contrast to the background of the label: “Made by a cottage food business that is not subject to Maryland’s food safety regulations.”; and
(viii) For a cottage food product offered for sale at a retail food store, the phone number and email address of the cottage food business and the date the cottage food product was made.
(2) The owner of a cottage food business shall comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products.
(3) Upon receipt of a complaint or outbreak of illness the approving authority may:
(a) Investigate the conditions under which the product was produced and any complaint alleging that a cottage food business has violated this regulation;
(b) Send a representative of the Department, at a reasonable time, to enter and inspect the premises of a cottage food business to determine compliance with this regulation; and
(c) Collect samples of a cottage food product or its ingredients to determine if the cottage food product is misbranded or adulterated.
(4) The owner of a cottage food business may not:
(a) Refuse to grant access to a representative who requests to enter and inspect the premises of the cottage food business in response to a complaint; or
(b) Interfere with any inspection or collection of samples in response to a complaint or outbreak of illness.
(5) Before the owner of a cottage food business may sell a cottage food product to a retail food store, the owner shall submit to the Department for review:
(a) The label that will be affixed to the cottage food product in accordance with §C(1)(c) of this regulation; and
(b) Documentation of the owner’s successful completion of a food safety course in the past 3 years that is approved by the Department and the American National Standards Institute and includes, at a minimum, the following subjects:
(i) Basic food safety;
(ii) Cleaning and sanitizing;
(iii) Personal hygiene;
(iv) Pest control and prevention; and
(v) Receiving, storing, preparing, and serving food.
(6) The owner of a cottage food business may not sell or offer for sale a cottage food product to a retail food store until notified by the Department, in writing, that the requirements stated in §C(5) of this regulation are satisfactorily met.
D. If the approving authority finds a person to be in violation of any provision of this regulation, the approving authority:
(1) Shall take action against a misbranded or adulterated food offered or sold under this regulation in accordance with Health-General Article, §§21-211, 21-253, and 21-254, Annotated Code of Maryland; and
(2) May determine that food produced in a private home kitchen by the person is not from an approved source.