One of the key functions of the Environmental Health Division is to enforce safety regulations related to food sold in Caroline County. We are responsible for the regulation, licensing, and inspection of all facilities that prepare or provide food to the public, including both permanent and mobile establishments and temporary events.
Many of the regulations that apply to a food service facility depend on the type of food being sold and if it is categorized by State regulation as “potentially hazardous” or non-potentially hazardous.”
Potentially hazardous food is defined in the Code of Maryland Regulations (COMAR) 10.15.03.02.B.(55) as: A natural or synthetic food that requires temperature control because the food is in a form capable of supporting:
- The rapid and progressive growth of infectious or toxigenic microorganisms;
- The growth and toxin production of Clostridium botulinum; or
- In raw shell eggs, the growth of Salmonella Enteritidis.
Potentially hazardous food includes:
- A food of animal origin that is raw or heat-treated;
- A food of plant origin that is heat-treated;
- Raw seed sprouts;
- Cut melons;
- Cut raw tomatoes;
- Garlic and oil mixtures that support growth as specified in §B(55)(a)(i) and (ii) of the regulation; and
- Cut leafy greens.
Potentially hazardous food does not include a:
- Hard-boiled shell egg that has been air-cooled with the shell intact;
- Food with an aw value of 0.85 or less;
- Food with a pH level of 4.6 or below when measured at 75°F;
- Commercially sterile food in a hermetically sealed container; or
- Food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious and toxigenic microorganisms or the growth of Salmonella Enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that has an aw or a pH that is above the levels specified in §B(55)(c)(ii)and(iii) of the regulation or that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms.
Obtaining a permit for a new permanent food facility involves three steps:
- Completing a Plan Review;
- Completing a Hazardous Analysis Critical Control Point (HACCP) Plan; and
- Obtaining a Food Service Facility Permit
A license may not be transferred from one person to another person or from one food service facility to another. If a facility has been closed more than 90 days OR a facility’s menu, seating, equipment, or layout has changed, you must obtain approval by Caroline County Health Department prior to operating.
Plan Review & HACCP Plan
State law requires that properly prepared plans be submitted and approved before the construction, remodeling, or altering of a food establishment, or before converting or remodeling of an existing building for use as a food establishment. The regulations governing permanent food facilities can be found in Code of Maryland Regulations (COMAR) 10.15.03 – Food Service Facilities.
Additionally, a plan review is required to ensure food establishments are built or renovated according to current rules and regulations. They also enhance food safety and sanitation by promoting efficient layout and flow of food based on the menu and food preparation processes and help prevent code violations by addressing potential layout and design issues prior to construction.
Please allow a minimum of 30 days from submission of a completed application for processing. Submittals are retained by the Division as part of the permanent record. Please note that plans are not forwarded to Environmental Healthy by any other department or agency and must be submitted directly to us by the applicant.
- Permanent Food Facility Food Service Plan Review Application
- Guidelines for Submitting a Hazardous Analysis Critical Control Point (HACCP) Plan
- Resource for Developing Required Standard Operating Procedures for HACCP Plan
- Change of Ownership Request
Food Service Facility Permit
After receiving approval of your Food Service Plan, you can then apply for a permit.
Please allow a minimum of 30 days from submission of a completed application for processing. Submittals are retained by the Division as part of the permanent record. Please note that plans are not forwarded to Environmental Healthy by any other department or agency and must be submitted directly to us by the applicant.
Food Service Facility Permit Application
Obtaining a permit for a permanent food facility involves three steps:
- Completing a Mobile Food Service Plan Review,
- Completing a Commissary or Base of Operations Authorization, and
- Obtaining a Food Service Facility Permit
If your Mobile Food Service Facility is permitted in another Maryland county, you do not need to complete the Plan Review. You will only need to submit a Mobile Reciprocity Food Permit Application.
Mobile Food Service Plan Review
State law requires that properly prepared plans be submitted and approved before the construction, remodeling, or altering of a food establishment, or before converting or remodeling of an existing building for use as a food establishment. The regulations governing mobile food facilities can be found in Code of Maryland Regulations (COMAR) 10.15.03 – Food Service Facilities.
A plan review is required to ensure food establishments are built or renovated according to current rules and regulations. They also enhance food safety and sanitation by promoting efficient layout and flow of food based on the menu and food preparation processes and help prevent code violations by addressing potential layout and design issues prior to construction.
Licensed mobile units are required to have a Mobile Base of Operations. A base of operations means a licensed food service facility that is used by the owner or operator of a mobile food service facility for food storage, potable water, safe disposal of waste and sewage, and, if necessary, utensil washing. However, if the mobile offers only prepackaged frozen desserts a base of operations is not required.
Please allow a minimum of 30 days from submission of a completed application for processing. Submittals are retained by the Division as part of the permanent record. Please note that plans are not forwarded to Environmental Health by any other department or agency and must be submitted directly to us by the applicant.
- Mobile Food Unit Requirements
- Mobile Food Service Plan Review Application
- Commissary or Base of Operations Authorization
Mobile Reciprocity Food Permits
Mobile Food Service Facilities that have been licensed by the Health Department in another Maryland County may apply for a Reciprocity Permit.
Applicants will be required to provide the following already approved documents:
- Copy of Food License issued by the county of origin
- Most recent inspection report
- Menu
- Approved Hazard Analysis Critical Control Point Plan
- Commissary or Base operation Authorization document
- Copy of vehicle registration
- Completed statement for Worker’s Compensation compliance
Complete applications, along with payment, must be submitted at least three weeks prior to planned operations in Caroline County.
A cottage food business, also sometimes called a home-based business, is defined in the Code of Maryland Regulations (COMAR) 10.15.03 as a business that produces or packages cottage food products in a residential kitchen and has annual revenues from the sale of cottage food products in an amount not exceeding $50,000.
Such businesses do not require a food license from the Health Department if you are producing only cottage food products (see Code of Maryland Regulations (COMAR) 10.15.03.27.B.) and storing them on the premises of the business.
If other non-cottage foods or potentially hazardous foods are being made or sold, a food license is required, and all production and storage would need to occur at a licensed commercial kitchen.
A cottage food product is a non-potentially hazardous food that is sold directly to a consumer from a residence, at a farmers market, at a public event, by personal delivery, or by mail delivery; or directly to a retail food store. All sales, including online sales, are restricted to Maryland.
Cottage Food business are not permitted to sell at retail food stores unless the owner submits a Cottage Food Business Request Form to the Maryland Department of Health. The owner of a cottage food business may not sell or offer for sale a cottage food product to a retail food store until notified by the Department, in writing, that the requirements of the regulation are
satisfactorily met.
- Cottage Food Business Guidelines
- State Cottage Food Business Website (includes Frequently Asked Questions and additional information)
A Temporary Food Service Facility is a food service facility that operates at a fixed location for up to 30 consecutive days in conjunction with a fair, carnival, public event, construction project, recreational facility, fundraising event, or similar gathering.
A public event is an event or festival that is attended by individual from the general public, whether or not a fee is charged, or an event that is advertised with fliers, banners, newspaper articles, radio or television announcements, or a website as being open to the public.
Examples of events requiring a Temporary Food Service Permit include outdoor festivals, school events, fundraising dinners, concession stands at events open to the public, and restaurants preparing or serving food at an off-site location.
For events that have more than five Temporary Food Service vendors, Event Coordinators must submit an application providing our office with event information.
If you are unsure if your event requires a Temporary Food Service Permit, please call (410) 479-8045 or send an email providing the details of your event. We will be happy to discuss or review and provide you with timely guidance.
Complete applications, along with payment, must be submitted at least three weeks prior to the event.
- Temporary Food Service Permit Application
- Temporary Food Event Coordinator’s Application
- Cleaning & Sanitizing Pots, Pans, Glasses, Dishes, and Utensils for Temporary Outdoor Food Booths
In Maryland, a “Farmer’s market” is defined as a place where a person offers or sells one or more of the following food products to the public:
- Raw agricultural products such as fruits, vegetables, and grains supplied directly from a farm
- Eggs sold in compliance with COMAR 10.15.03.05A(8)
- Products that are not potentially hazardous and do not require refrigeration that are processed in a food processing plant licensed and operated according to COMAR 10.15.04.19
- Products processed in a private home kitchen according to COMAR 10.15.03.27
If your activities fit the definition of “Farmer’s Market”, then NO FOOD LICENSE REQUIRED.
Resources:
- Maryland Department of Agriculture: Farmers Market
- Maryland Department of Health Farmer’s Markets and Cottage Food Businesses
- Farmers Market Materials Order Form
- Guidelines for Selling Eggs at Farmers Markets/Roadside Stands
Health Department approval is not required and there is not permit for bake sales, provided that the following Maryland Regulations are complied with. However, the organizer must keep a record of the food items provided by each contributor.
If your bake sale foods do not fall into the allowable foods listed in this section, your event will require a Temporary Food Service Permit.
- Bake Sale Assessment Form
- Consumer Advisory Statement
Allowable / Non-Allowable Foods
Foods that meet the definition of Non-Potentially Hazardous (NPH) are allowed to be made in a private home to be offered at a bake sale. NPH foods are those with a water activity (aw) of 0.85 or less and/or a pH level of 4.6 or below (at 75°F).
Examples: cakes, cookies, breads, muffins pastries, brownies, Rice Krispies treats, popcorn, granola, Chex mix, chocolate covered pretzels and cookies (using commercially manufactured chocolate), hard candies (e.g. rock candy, peppermints, lollipops, gummy bears, fruit leathers, etc.), icing/frosting made without Potentially Hazardous Foods, and high-acid fruit or berry pies, turnovers tarts, or empanadas.
Acceptable high acid fruits for use: apples, apricots, blackberries, blueberries, boysenberries, cherries, cranberries, grapes, oranges, nectarines, peaches, plums, prunes, quince, raspberries, red currants, strawberries, and tangerines.
Not Allowed: Foods that have an increased potential for causing illness are considered Potentially
Hazardous (PH) and are not permitted to be made in a private home or offered at a bake sale.
Examples: Any food item requiring refrigeration, raw cookie or pizza dough, fresh pasta, arepas, items made from fresh cut fruits/vegetables (zucchini, pumpkin, banana breads, carrot cake), items made with cooked produce (focaccia bread, etc.), fresh fruit/vegetable toppings/fillings, cream or custard pies, pumpkin pie/rolls, potato pies (white or sweet), cream filled pastries, meringue, mousse, ganache, curd, cheesecake, fudge, “no bake” cookies, soft caramels/toffee, potato candy, chocolate “Easter” eggs, chocolate covered fruit. Buttercreams, cream cheese icing, and royal icings made with (potentially hazardous ingredients like butter, milk, eggs, etc.) are not allowed unless the product has been tested by a certified lab to be NPH or a Standardized Recipe from a qualified source is used.
Food Packaging
Bake sale foods must be pre-packaged/pre-wrapped in the quantity to be sold in food-grade plastic wrap, bags, foil, or containers and properly labeled.
Labeling Requirements: Foods must be labeled with the common name of the product and identify any of the major food allergens that may be contained in the product.
Major Allergens: milk, eggs, wheat, soybeans, peanuts, tree nuts, fish, shellfish, and sesame.
Exempt Organizations
A volunteer fire company or bona fide nonprofit fraternal, civic, war veterans’, religious, or charitable organization or corporation that does not serve food to the public more often than four days per week, except that once a year an organization may serve food to the public for up to 30 consecutive days, may be exempt from certain food safety regulations.
Such organizations are encouraged to discuss their particular situation with Health Department Food Safety staff in order to ensure that the organization and activity are exempt. You may call (410) 479-8045 to discuss. Dial 7-1-1 to place a call through Maryland Relay.
Note: An unlicensed, excluded organization that plans to prepare or serve potentially hazardous food to 200 or more individuals from the public at a single event must provide written notification of the event to the Environmental Health Division of the Health Department at least 30 days before the scheduled event.
Exempt Activities
Those offering only non-potentially hazardous, commercially prepackaged foods such as bottled water, candy, canned sodas, and chips do not need a food permit from the Health Department, as long as the foods and/or beverages are not being opened, portioned, or poured on site.
Complaints
We take complaints about food safety very seriously. Complaints about retail food stores, restaurants, permanent or temporary food facilities, or any other food business licensed or inspected by the Caroline County Health Department can be submitted through our by email or you may call our office at (410) 479-8045 and ask to speak with the staff member in charge of food licensing.
To place a complaint about foodborne illness, Maryland commercially manufactured food (pre-packaged foods purchased at a grocery store), Maryland milk or dairy products (bottled milk, yogurt, cheese, ice cream etc.), Maryland food or milk and dairy processing/manufacturing facility, or a cottage food product (a home-prepared or packaged food product – e.g., non-potentially hazardous baked goods or candy), complete the State Department of Health complaint form.
Appeals
Certain decisions by Caroline County Environmental Health staff related to food safety may be appealed to the Maryland Department of Health. These include:
- Food Facilities (COMAR 10.15.03)
- Food Processing (COMAR 10.15.04)
These decisions may be in regard to the grant, denial, renewal, suspension or amendment of a license, certificate, certification, permit or registration that is required by statute (Application). The authority to make these decisions is based in Code of Maryland Regulations (COMAR), Memorandum of Understanding (MOU), and/or through Delegation Agreement(s) with other state agencies.
For complete information about your appeal rights and the process to file an appeal, download our Appeal Process for Approving Authority Decisions Guide.
Businesses and organizations engaged in the preparation and sale of food are encouraged to take advantage of the following resources to provide staff training and ensure safe operations.
- Food and Drug Administration Retail Food Industry/Regulatory Assistance & Training
- Food and Drug Administration Employee Health and Personal Hygiene Handbook
Maryland has banned the use of food service products composed of expanded polystyrene (EPS), commonly referred to under the trademark name of Styrofoam.
As of October 1, 2020:
- a person may not sell or offer for sale in the state an EPS food service product; and
- a food service business or school may not sell or provide food or beverages in an EPS food service product.
Environmental Health oversees the enforcement of the law and has the authority to assess fines for noncompliance. To suspected use of a banned EPS food service product in Caroline County, call our office at (410) 479-8045.
Visit the Maryland Department of the Environment website for complete information regarding the EPS food service product ban.