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2006 LAWS OF MARYLAND
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Ch. 286
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Article - Health - General
21-308.
(A) IN THIS SECTION, "ON-FARM FOOD HOME PROCESSING FACILITY" MEANS
A HOME OR DOMESTIC KITCHEN LOCATED ON AN INDIVIDUAL'S FARM THAT
MANUFACTURES AND PROCESSES FOODS FOR COMMERCIAL SALE.
[(a)] (B) (1) For any license issued for which the authority to conduct a
program under this subtitle has been delegated to a county health department:
(i) A county governing body or the Mayor and City Council of
Baltimore City may provide for a license fee schedule based on the anticipated cost of
licensing, inspecting, and regulating food establishments and may provide for
exemptions from the license fee schedule; and
(ii) All license fees shall be paid to the local health department or
chief financial officer of the county governing body or Baltimore City.
(2) Except in Baltimore City, Montgomery County, and Prince George's
County, a license fee under this subsection may not exceed:
(i) $300; or
(ii) $70 for a seasonal food processing operation that:
1. Uses only food that is grown on the property of the
licensee; and
2. Is in operation for not more than a 3-month continuous
period in the calendar year.
(3) A seasonal food processing operation may obtain a food establishment
license for a fee of $70 under paragraph (2)(ii) of this subsection only twice in a
calendar year.
(C) (1) AN ON-FARM FOOD HOME PROCESSING FACILITY MAY OBTAIN A
FOOD. AN ON-FARM HOME PROCESSING PLANT LICENSE FOR A FEE OF $30 EACH
YEAR ESTABLISHED IN REPUTATIONS.
(2) AN ON-FARM FOOD HOME PROCESSING FACILITY THAT OBTAINS A
FOOD AN ON-FARM HOME PROCESSING PLANT LICENSE MAY MANUFACTURE OR
PROCESS ONLY FOODS THAT ARE NONPOTENTIALLY HAZARDOUS AS DEFINED
PROVIDED FOR IN REGULATIONS OF THE DEPARTMENT.
[(b)] (D) For any other food establishment license, the Secretary shall
establish a license fee in accordance with § 2-104 of this article.
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that the fee set in regulation by the Department of Health and
Mental Hygiene for an on-farm home processing plant license shall be set at $30 to
commence with the 2006 growing season.
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