2013 Maryland Code
HEALTH - GENERAL
§ 21-330 - Low calorie frozen desserts

§21-330.

(a) A low calorie frozen dessert that contains powders or dry mixes of pasteurized whey, reduced mineral whey, whey protein concentrate, reduced lactose whey, or optional caseinates and is rehydrated with potable water before freezing is not required to be repasteurized.

(b) The wheys, caseinates, or egg ingredients that are used in the formulation of a mixture under subsection (a) of this section shall:

(1) Have been pasteurized before being used in the mixture; and

(2) Contain only those ingredients that:

(i) Are recognized as safe by the United States Food and Drug Administration; or

(ii) Are authorized under regulations adopted under this subtitle.

(c) After the rehydration of a mixture under subsection (a) of this section, the mixture shall be:

(1) Cooled to a maximum temperature of 45 degrees Fahrenheit within 4 hours; and

(2) Frozen within 24 hours.

(d) The Secretary shall adopt regulations that comply with the provisions of this section.

§ 21-330 - 1. Cottage food businesses

(a) Applicability. -- This section does not:

(1) Apply to a food establishment that is required to have a license under § 21-305 of this subtitle; or

(2) Exempt a cottage food business from any applicable State or federal tax laws.

(b) License not required. -- A cottage food business is not required to be licensed by the Department if the owner of the cottage food business complies with this section.

(c) In general. -- The owner of a cottage food business may sell only cottage food products that are:

(1) Stored on the premises of the cottage food business; and

(2) Prepackaged with a label that contains:

(i) The following information:

1. The name and address of the cottage food business;

2. The name of the cottage food product;

3. The ingredients of the cottage food product in descending order of the amount of each ingredient by weight;

4. The net weight or net volume of the cottage food product;

5. Allergen information as specified by federal labeling requirements; and

6. If any nutritional claim is made, nutritional information as specified by federal labeling requirements; and

(ii) The following statement printed in 10 point or larger type in a color that provides a clear contrast to the background of the label: "Made by a cottage food business that is not subject to Maryland's food safety regulations.".

(d) Compliance with laws and ordinances. -- The owner of a cottage food business shall comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products.

(e) Investigation of complaints. --

(1) The Department may investigate any complaint alleging that a cottage food business has violated this section.

(2) On receipt of a complaint, a representative of the Department, at a reasonable time, may enter and inspect the premises of a cottage food business to determine compliance with this section.

(3) The owner of a cottage food business may not:

(i) Refuse to grant access to a representative who requests to enter and inspect the premises of the cottage food business under paragraph (2) of this subsection; or

(ii) Interfere with any inspection under paragraph (2) of this subsection.

(4) An investigation of a cottage food business conducted under this subsection may include sampling of a cottage food product to determine if the cottage food product is misbranded or adulterated.

(f) Regulations. -- The Department shall adopt regulations to carry out this section.