COMAR 10.15.03 for Food Regulations
MDH Food Plan Review Information
Maryland Ventilation Criteria
Excluded Organization Event Notification
Nonprofit Organizations
Certain non-profit organizations that serve or sell food to the public are granted some exemptions within the food regulations, COMAR 10.15.03, and are referred to as “excluded organizations”. Excluded organization means a volunteer fire company or bona fide non-profit fraternal, civic, war veterans, religious, or charitable organization or corporation that does not serve food to the public more than four (4) days per week, except that once a year an organization may serve food to the public for up to fourteen (14) consecutive days.
Excluded organizations are still inspected by the Health Department, but are not issued food service facility licenses. They may serve food to the public without obtaining a temporary food facility license. However, if more than two hundred (200) attendees are expected for an event at a non-licensed, non-profit organization, the Health Department must be notified. Food must be prepared on-site, with the exception of non-potentially hazardous baked goods. At a minimum, if preparing and serving open potentially hazardous food, the facility must have a three-compartment sink with separate, indirect drain lines going to a floor sink, a hand sink in the food preparation area, and a mop sink in the facility. Home-style equipment is permitted, but must be in good working order and easily cleanable. For additional information on the regulations governing excluded organizations, refer to COMAR 10.15.03.26, Excluded Organizations.
The following are not considered food service facilities and do not require a food service facility license: food preparation or serving area where only non-potentially hazardous food is prepared or served only by an excluded organization; a facility that offers only prepackaged foods that are not potentially hazardous; or a bake sale where only non-potentially hazardous bakery goods, including breads and pastries, are sold in conjunction with a fundraising event.
A non-profit organization that operates five (5) or more days per week does not qualify for the exemption, and must comply with COMAR 10.15.03 in its entirety.
Please contact the Harford County Health Department, Permits and Plan Review Division at 410-877-2300 for a preliminary inspection if your organization would like to become licensed or recognized as a non-profit, non-licensed facility.
