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ROBERT L. EHRLICH, JR., Governor Ch. 154
(3) Except in Baltimore City, vending machine locations used exclusively
for prepackaged and commercially sealed foods that are not potentially hazardous, as
defined by regulation, are not required to be licensed.
(4) In Baltimore City, a license may be required for each individual
vending machine.
(5) An excluded organization may operate a food establishment without
a license unless the excluded organization has been issued a license under §
21-304(a)(2)(ii) of this title.
(6) Nothing in this subtitle shall preempt the right of a county to require
a permit under the authority provided by a local law, ordinance, or regulation if this
subtitle does not require the food establishment to obtain a State license.
(c) A license is not transferable:
(1) Except as provided by regulation for transfer of the license on the
death of the licensee from person to person; or
(2) From location to location.
(d) (1) For the purposes of this section a license issued by a county health
department under the authority provided by local law, ordinance, or regulation in
accordance with § 21-304(b) and (c) of this subtitle shall constitute the license
required under this subtitle, unless the Department, after a hearing, determines that
the licensee is not in compliance with this subtitle and regulations adopted under this
subtitle.
(2) After a determination of noncompliance under paragraph (1) of this
subsection, the Department shall act to ensure that the food establishment and its
operator comply with this subtitle and the rules and regulations adopted under this
subtitle.
(3) Nothing in this subtitle shall allow the issuance of 2 separate licenses
issued solely for the regulation of a food establishment under this subtitle.
(e) In Charles County, an issuance, renewal, or transfer of an off-sale
alcoholic beverages license shall not require Department approval.
(F) IN CARROLL COUNTY, A BONA FIDE RELIGIOUS ORGANIZATION THAT
MEETS THE REQUIREMENTS OF AN EXCLUDED ORGANIZATION UNDER § 21-301 OF
THIS SUBTITLE MAY OFFER FOR SALE OR SELL THE FOLLOWING TYPES OF
HOMEMADE-STYLE FOOD IF THE FOOD IS PRODUCED AT THE ORGANIZATION AND
MEETS THE APPROPRIATE HEALTH AND SAFETY STANDARDS ADOPTED BY THE
DEPARTMENT:
(1) FRUIT JELLIES, JAMS, AND PRESERVES MADE FROM APPLES,
APRICOTS, BLACKBERRIES, BLUEBERRIES, BOYSENBERRIES, CHERRIES,
CRANBERRIES, GRAPES, NECTARINES, ORANGES, PEACHES, PLUMS, QUINCE,
RASPBERRIES, RED CURRANTS, STRAWBERRIES, OR TANGERINES;
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