15.03.03.04

.04 Food Products.

A. Berries and Small Fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure, provided that the labeling requirements of Regulations .03, .05, and .06 of COMAR 15.03.02 (Packaging and Labeling) may not apply to these containers.

B. Butter, Oleomargarine, and Margarine. Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight.

C. Flour, Corn Meal, and Hominy Grits. Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, and sold by weight.

D. Meat, Poultry, and Seafood.

(1) Except for immediate consumption on the premises where sold, or as one of two or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, or cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises, all meat, meat products, poultry, and all seafood except shell fish offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.

(2) When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight. The quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.

E. Fluid Dairy Products. All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.

F. Other Milk Products. Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.

G. Ice Cream and Similar Frozen Desserts.

(1) Ice cream, ice milk, frozen custard, frozen yogurt, sherbet, and similar products shall be kept, offered, or exposed for sale, and sold by fluid volume.

(2) Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:

(a) Determined by the purchaser; and

(b) Dispensed by the purchaser.

H. Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count. (See COMAR 15.03.02.06C(2)(c)).

I. Ice. The declaration of net quantity for ice, whether in block, cubes, flaked, crushed or other form, shall be expressed in terms of weight.