2018 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part II - Licensing
§ 21-308. License fees

  • (a) "On-farm home processing facility" defined. -- In this section, "on-farm home processing facility" means a home or domestic kitchen located on an individual's farm that manufactures and processes foods for commercial sale.

  • (b) Licenses issued for which authority to conduct program has been delegated to a county health department. --

    • (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 and the Anne Arundel County Council shall 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 Anne Arundel County, Baltimore City, Montgomery County, and Prince George's County, a license fee under this subsection may not exceed $ 70 for a seasonal food processing operation that:

      • (i) Uses only food that is grown on the property of the licensee; and

      • (ii) 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) of this subsection only twice in a calendar year.

  • (c) License for on-farm home processing plant. --

    • (1) An on-farm home processing facility may obtain an on-farm home processing plant license for a fee established in regulations.

    • (2) An on-farm home processing facility that obtains an on-farm home processing plant license may manufacture or process only foods provided for in regulations of the Department.

    • (3) A license or permit is not required to deliver prepackaged foods to fill an order of a customer.

  • (d) Licenses for any other food establishment. -- For any other food establishment license, the Secretary shall establish a license fee in accordance with ยง 2-104 of this article.

  • (e) Limitation on fees for food processing plants of civic or nonprofit organizations. -- Notwithstanding any other provision of this section, a license fee under this section may not exceed $ 150 annually for a food processing plant that:

    • (1) Is a bona fide civic or nonprofit organization that processes meat for human consumption; and

    • (2) Engages in the processing of meat for human consumption no more than three times a year for 5 days or less each time.

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