10.15.03.40

.40 Micro Markets.

A. The owner or operator of a micro market may not be required to have a person-in-charge present during the hours of operation of the micro market if the micro market meets the requirements of this regulation.

B. Food sold at a micro market shall:

(1) Be commercially prepackaged food or ready-to-eat food;

(2) Be prepackaged in tamper-evident packaging; and

(3) Contain all the following information on the packaging label:

(a) Nutrition information required by the federal Food, Drug, and Cosmetic Act;

(b) A freshness or expiration date; and

(c) Any other information required by Maryland law.

C. Refrigerated or frozen food sold at a micro market shall be stored and displayed in a refrigerator, refrigerated cooler, or freezer that:

(1) Maintains an internal temperature of 41F or lower;

(2) Has self-closing doors;

(3) Has doors that allow the food on display to be viewed without opening the door to the refrigerator, refrigerated cooler, or freezer; and

(4) Has an automated self-locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer to maintain the internal temperature required under Regulation .06 of this chapter.

D. Signage and Notice. The owner or operator of a micro market shall post a sign that is clearly visible to the consumer near the micro market entryway or while using the electronic payment device that includes the following information:

(1) The name of the owner or operator of the micro market to whom complaints and comments regarding the micro market may be addressed;

(2) The business mailing address of the owner or operator;

(3) The business telephone number of the owner or operator; and

(4) The email address and website address of the owner or operator, if applicable.

E. Security. The owner or operator of a micro market:

(1) May secure the products and premises of a micro market by the use of video surveillance that:

(a) Operates 24 hours per day, 7 days per week;

(b) Records consumers viewing, selecting, handling, and purchasing products from the micro market; and

(c) Provides sufficient resolution to identify consumers described in §E(1)(b) of this regulation; and

(2) Shall ensure that video surveillance recordings made under §E(1) of this regulation are:

(a) Maintained by the owner for 14 days after the date of the video recording; and

(b) Made available for inspection by the appropriate health or law enforcement agency on the request of the agency within 24 hours from the time the request is received by the owner or operator.

F. Record Keeping. The owner or operator of a micro market shall ensure that:

(1) In the event of a failure of an automated self-locking unit, records are kept for:

(a) The repair or replacement of the failed unit in the form of receipts or a completed service order; and

(b) All products in the unit at the time of the failure and include:

(i) Product description; and

(ii) Quantity of products discarded or destroyed;

(2) Service receipts for the repair or replacement of the failed unit and product destruction shall be kept for a minimum of 90 days; and

(3) All records are available for review upon request.