Sec. 10.15.04.18. On-Farm Home Processing

A. The Department may issue a food processing plant license to an individual who owns a farm to process food in a home or domestic kitchen located on the individual's farm as set forth in this regulation.

B. While operating with a license issued in accordance with §A of this regulation, the person-in-charge shall:

(1) Comply with this chapter except for:

(a) Regulation .09D(2)(b), (4), and (5) of this chapter;

(b) Regulation .09E, F, G, I(1)-(2), and K of this chapter; and

(c) Regulation .11B(1), (3), and (4) of this chapter;

(2) Limit processed food production to:

(a) An amount of food that can safely be produced in the domestic kitchen as evidenced by sanitation, process, and cross-contamination control; and

(b) $40,000 of sales;

(3) Process commercially only during times when the kitchen is not being used for domestic purposes;

(4) Clean and sanitize all food contact surfaces, equipment, and utensils, immediately before and after processing commercially;

(5) While processing commercially:

(a) Use only building areas, equipment, and utensils that the Department has reviewed or inspected and approved; and

(b) Remove all animals and individuals not involved in food processing from the kitchen; and

(6) Store ingredients for commercial manufacturing and finished manufactured food in a separate area from foods used domestically.

C. Except as provided in §§E and F of this regulation, shall manufacture and process only:

(1) Baked cakes, muffins, or cookies with a water activity of .85 or less;

(2) Fruit pies with an equilibrated pH of 4.6 or less;

(3) Canned acid foods with an equilibrated pH of 4.6 or less;

(4) Herbs in vinegar with an equilibrated pH of 4.6 or less;

(5) Honey and herb mixtures;

(6) Dried fruit and vegetables; and

(7) Acidified foods.

D. An individual licensed in accordance with this regulation may not process:

(1) Low-acid canned foods;

(2) Cured or fermented foods;

(3) Except as provided in §E(4) of this regulation, seafood;

(4) Apple cider or other juices;

(5) Grade A milk product or manufactured grade milk product as defined in Health-General Article, §21-401, Annotated Code of Maryland; and

(6) A frozen dessert as defined in Health-General Article, §21-801(b), Annotated Code of Maryland.

E. An individual licensed in accordance with this regulation may:

(1) Weigh, label, and sell or distribute raw meat or poultry that is under the jurisdiction of the United States Department of Agriculture;

(2) Weigh, package, label, and sell or distribute raw meat or poultry that is inspected by the Maryland Department of Agriculture in accordance with Regulation .20 of this chapter;

(3) Process only animals that were:

(a) Commercially raised, fed, or managed on the farm; and

(b) Slaughtered and processed in accordance with Regulation .20 of this chapter;

(4) While operating a fish farm, clean, weigh, package, label, and sell or distribute raw finfish from the farm that are not associated with histamine intoxication; and

(5) Use shared equipment and utensils for both domestic and commercial uses provided that the equipment and utensils are:

(a) Designed and constructed as set forth in Regulation .10 of this chapter; and

(b) Cleaned and sanitized as set forth in Regulation .12 of this chapter and §C(7) of this regulation.

F. An individual licensed in accordance with this regulation may weigh, label, and store cheese that:

(1) Is made on a licensed out-of-State dairy farm using only the raw milk produced by the herd on the dairy farm licensed by the Department; and

(2) Meets the definition and standards of a hard cheese, as set forth in 21 CFR Part 133.

G. When a farm ceases to be a farm, a food processing license issued in accordance with this regulation becomes void.

H. In the absence of a license issued in accordance with COMAR 10.15.03, a license issued in accordance with this regulation shall provide for the sale on the farm of food processed on the farm by the licensee.

I.Except as provided in Regulation .20 of this chapter, a person may not process food for human consumption on a farm without the license required in Regulation .21A of this chapter.