.05 Wholesomeness of Food.

The person-in-charge shall ensure that:

A. All food and food ingredients processed in a food processing plant:

(1) Are safe for human consumption;

(2) Are clean;

(3) Are free of spoilage;

(4) Are from an approved source;

(5) Are GRAS; and

(6) If applicable, conform to a standard of identity;

B. Shell eggs:

(1) Are produced by flocks that meet the standards established under COMAR;

(2) That are received, used, or provided to the consumer are supplied by a packer and distributor that has registered in accordance with the requirements of the Agriculture Article, Title 4, Subtitle 3, Annotated Code of Maryland, and COMAR; and

(3) From flocks in which Salmonella Enteritidis is isolated, are pasteurized or otherwise treated to kill Salmonella Enteritidis before being accepted or used at a food processing plant;

C. Milk, milk products, and frozen desserts are produced, stored, transported, and distributed in accordance with:

(1) COMAR 10.15.05;

(2) COMAR 10.15.06; and

(3) COMAR 10.15.09;

D. Adulterated food:

(1) Is not offered as food to human beings;

(2) Not for rework to ensure safety, wholesomeness, and proper labeling is:

(a) Destroyed or diverted to non-food uses; and

(b) When within a food processing plant, stored only in a morgue area that is:

(i) Separated from all other food and food process operations; and

(ii) Conspicuously marked as a morgue area;

E. Salvaged food:

(1) Is offered for consumption only after being determined through examination to be wholesome; and

(2) Does not include:

(a) Canned food with critical seam or can body defects that compromise the container's hermetic seal; and

(b) Food that has exceeded a regulated shelf life; and

F. A processed food imported into the State is processed in a food processing plant that is licensed or permitted by an approving authority.