Sec. 10.15.04.21. Licensing

A. In order to operate a food processing plant, a person shall obtain a food processing license pursuant to the provisions of:

(1) Health-General Article, §§21-211 and 21-305, Annotated Code of Maryland; and

(2) This chapter.

B. The Department shall specify on the food processing license what foods or food types the licensee is authorized to process.

C. The Department shall deny an application for a license if the applicant:

(1) Does not meet the requirements of:

(a) Health-General Article, §21-211 or Title 21, Subtitle 3, Annotated Code of Maryland; or

(b) A regulation promulgated under Health-General Article, §21-211 or Title 21, Subtitle 3, Annotated Code of Maryland; or

(2) Fraudulently or deceptively attempts to obtain a license.

D. The Department may suspend or revoke a license if the licensee:

(1) Violates or fails to meet the requirements of:

(a) Health-General Article, §21-211 or Title 21, Subtitle 3, Annotated Code of Maryland; or

(b) A regulation promulgated under Health-General Article, §21-211 or Title 21, Subtitle 3, Annotated Code of Maryland; or

(2) Fraudulently or deceptively obtains a license.

E. The Department may deny an application for a food processing plant license and may suspend or revoke a license pursuant to the provisions of:

(1) Health-General Article, §§21-211, 21-311, and 21-314—21-317, Annotated Code of Maryland; and

(2) State Government Article, §10-226, Annotated Code of Maryland.

F. The person-in-charge shall ensure that:

(1) Food is not processed without the license required by Health-General Article, §21-305, Annotated Code of Maryland;

(2) The required food processing license is conspicuously posted in the plant; and

(3) The processing operations in the plant are limited to the food type or types specified on the license pursuant to §B of this regulation.

G. Except as provided in §H of this regulation, a license may not be transferred from one person to another person or from one food processing plant to another.

H. On the death of a licensee, the approving authority may transfer a food processing plant license if:

(1) An application is filed in accordance with Health-General Article, §21-306, Annotated Code of Maryland; and

(2) Written evidence establishes that the applicant's relationship with the deceased was as a:

(a) Spouse of the deceased licensee;

(b) Blood relative to the first degree of consanguinity; or

(c) Current officer or surviving partner in the business operating the food processing plant.