Food Processing Maryland Agencies and Jurisdiction

At the federal level the Food & Drug Administration (FDA) and the United States Department of Agriculture (USDA) have jurisdiction, which means they have the authority to make and enforce regulations applicable to any state or territory. Within the USDA is the Food Safety Inspection Service (FSIS). FDA and FSIS have overlapping authority for making and enforcing food safety standards. For example, FSIS regulates livestock and dairy farms, but FDA regulates milk pasteurization. FSIS regulates animal slaughter facilities and grades meat, but FDA regulates products that contain meat as an added ingredient, such as sausage pizza and frozen dinners. FSIS regulates eggs, but FDA regulates processed egg products.

At the state level, each state has a department of agriculture and a department of public health, both of which must, according to federal law, adopt and enforce food safety regulations at least equal to federal standards. State standards may be more restrictive than federal standards, but not less restrictive. Federal standards are set in large, complex pieces of legislation such as the Federal Meat Inspection Act and the Pasteurized Milk Ordinance, which may be amended or re-interpreted over the years. Therefore, most states adopt federal regulations into state legal code "by reference," meaning they don't put the federal language word-for-word into state code, they simply refer to the federal law by name only as being incorporated into state law. In effect, this requires food processors to have working knowledge of federal regulations in order to understand and comply with state regulations.

Some states have “home rule” which means designated areas (e.g., towns or counties) may act independently, and their regulations may be more restrictive than state regulations. As a result, at the local level, the food safety system has quite a bit of variation in authority, process, interpretation, and enforcement. Each state is different, and in many states, each county or municipality may be different. In some states, food safety inspectors work under the auspices of the department of agriculture. In other states, they work under the auspices of the department of public health. There may be different inspectors for different food products and production processes. A food safety inspector may be from the local board of health, or the county health department, or a regional district.

Federal
State
Local
Maryland

USDA and FDA share federal jurisdiction over food quality, safety, sales, and marketing. All food in “interstate commerce” — food produced in one state and sold in another state — must meet requirements of USDA and/or FDA. Food sold retail or wholesale must come from “an approved source” as defined by government regulations. Food and the facility where it is produced, stored, and sold must be inspected unless it falls under an exemption. Some federal regulations include specific exemptions for certain foods and operators, although some states may not allow those exemptions.

The main role of USDA is to develop and manage products and markets for U.S. agriculture (food, fiber, fuel, forest, horticulture). USDA exercises authority over food processing through these programs:

Agricultural Marketing Service (AMS)

Specific programs for dairy, poultry, fruits and vegetables (Good Agricultural Practices or GAP), livestock and seed, organic standards

Animal and Plant Health Inspection Service (APHIS)

How animals/plants are grown, where they come from, how illnesses are treated, how identified, tagged, or labeled, National Animal Identification System

Food Safety and Inspection Service (FSIS)

Oversees domestic and imported meat, poultry, and eggs, plus foods where they are an ingredient
Hazard Analysis and Critical Control Point Program (HACCP)
Regulates meat and poultry from farm to table

FDA is within the U. S. Department of Health and Human Services. Its mission is to protect the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, food, cosmetics, and products that emit radiation. FDA oversees all domestic and imported food sold in interstate commerce, but not meat and poultry. The agency also has oversight for animal feed, veterinary drugs, and pesticides. It shares jurisdiction with USDA over eggs and egg products. FDA programs include: Acidified and Low Acid Canned Foods, Color Additives, Dietary Supplements, Food Ingredients and Packaging, Food Borne Illness, Food Labeling and Nutrition, Hazard Analysis and Critical Control Point (HACCP), Infant Formula, Pesticides and Chemical Contaminants, and Seafood.

Resources

United States Department of Agriculture (USDA)
http://www.usda.gov/wps/portal/usdahome
(Link added in June of 2009)

USDA Agricultural Marketing Service (AMS)
http://www.ams.usda.gov/AMSv1.0/
(Link added in June of 2009)

USDA Animal and Plant Health Inspection Service (APHIS)
http://www.aphis.usda.gov/
(Link added in June of 2009)

USDA Food Safety and Inspection Service (FSIS)
http://www.fsis.usda.gov/Home/index.asp
(Link added in June of 2009)

Food & Drug Administration (FDA)
http://www.fda.gov/
(Link added in June of 2009)

Federal Food, Drug & Cosmetic Act (as amended through 2004)
http://www.fda.gov/opacom/laws/fdcact/fdctoc.htm
(Link added in June of 2009)

Federal Meat Inspection Act
http://www.fsis.usda.gov/regulations_&_policies/Federal_Meat_Inspection_Act/index.asp
(Link added in June of 2009)

Federal Poultry Inspection Act
http://www.fsis.usda.gov/regulations_&_policies/Poultry_Products_Inspection_Act/index.asp
(Link added in June of 2009)

Pasteurized Milk Ordinance (2007)
http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/MilkSafety/NationalConferenceonInterstateMilkShipmentsNCIMSModel
Documents/PasteurizedMilkOrdinance2007/default.htm
(Links added in June of 2009)

Organic Food Processing Center
http://www.organicfoodprocessing.org/
(Link added in June of 2009)

A state department of agriculture is analogous to the USDA. A state department of public health is analogous to the FDA. Like the USDA and the FDA, state departments of agriculture and departments of public health often share jurisdiction over food quality, safety, sales, and marketing. State regulations govern “intrastate” production and sale — food produced and sold within the state. State regulations are typically customized to a state’s economy, agriculture, markets, style of government, and administrative infrastructure. Each state has a unique approach to food safety and food processing with different:

Department and division names
Administrative structure and staffing
Regulations and policies
Programs and services
Communications and media
Language and nomenclature
Culture and attitude

According to federal law, states must adopt and enforce food safety regulations at least equal to federal standards. State standards may be more restrictive than federal standards, but not less restrictive. Most states adopt federal regulations into state legal code "by reference," meaning they don't put the federal language word-for-word into state code, they simply refer to the federal law by name only as being incorporated into state law. In effect, this requires food processors to have working knowledge of federal regulations in order to understand and comply with state regulations.

Resources

Multi-State Regulatory Review - Barriers and Opportunities for Maryland
Presented by Billie Best, Consultant and Advocate, North Egremont, MA
Presentation held on March 11, 2009 at the Changing Ag Markets Workshop - Processing for Profits: Moving from Concept to Consumers coordinated by the University of Maryland Extension
(Resource added in June of 2009)

Maryland.gov
http://maryland.gov/Pages/default.aspx
(Link added in June of 2009)

Maryland Department of Agriculture
http://www.mda.state.md.us/
(Link added in June of 2009)

Maryland Department of Health & Mental Hygiene
http://www.dhmh.state.md.us/
(Link added in June of 2009)

The Council of State Governments - Agriculture & Rural Policy
http://www.csg.org/policy/agri/default.aspx
(Link added in June of 2009)

National Association of State Departments of Agriculture
http://www.nasda.org/
(Link added in June of 2009)

Local health inspectors are the front lines of food safety. Local health departments are responsible for food safety regulation at the local level, including enforcement of federal and state regulations. Therefore it is very important for farmers and entrepreneurs to know a local health inspector’s interpretation of food safety regulations. Local health departments have many responsibilities in addition to food safety regulation. In rural communities, local health inspector may be a part-time job, however, the inspector may be very familiar with farms and direct food sales. In urban communities, the local health inspector may have more expertise in food safety for restaurants and grocery stores, and less familiarity with farms and direct food sales.

Each state is different, and in many states, each county or municipality may be different. Some states have “home rule” which means designated areas (e.g., towns or counties) may act independently, and their regulations may be more restrictive than state regulations. In some states, food safety inspectors work under the auspices of the department of agriculture. In other states, they work under the auspices of the department of public health. There may be different inspectors for different food products and production processes. A food safety inspector may be from the local board of health, or the county health department, or a regional district. As a result, at the local level, the food safety system has quite a bit of variation in authority, process, interpretation, and enforcement.

Resources

Maryland Counties
http://maryland.gov/pages/maps.aspx
(Link added in June of 2009)

Maryland Local Government
http://www.msa.md.gov/msa/mdmanual/01glance/html/locgov.html
(Link added in June of 2009)

Maryland Association of Counties
http://www.mdcounties.org/
(Link added in June of 2009)

Maryland FAQs

What Maryland agency or department is responsible for food safety?
Food safety administration includes both food service and food processing. Food service is serving ready-to-eat food for consumption on premises or take-out. Food processing is production of food for commercial distribution. Maryland's Department of Health & Mental Hygiene (DHMH) has jurisdiction over food safety in the state. The agency within DHMH that administers food safety is the Community Health Administration - Office of Food Protection & Consumer Health Services which is composed of is composed of 4 divisions: Division of Food Processing, Division of Facility and Process Review, Division of Milk Control, Division of Community Services, and four administrative program areas: Licenses and Permits, Rating Officers, Legal Counsel, and Support Services. USDA Food Safety Inspection Service (FSIS) has jurisdiction over all animal slaughter facilities in Maryland. The Maryland Department of Agriculture (MDA) has jurisdiction over eggs.
What Maryland agency or department licenses food businesses?
DHMH issues food processing licenses. Counties issue food services licenses. A county license may or may not be required for food processing. Baltimore City, Charles County, and Prince George's County have adopted their own food codes, including the state's food processing regulations, and therefore may license food processing facilities. County health departments issue food service facility licenses but not food processing licenses (except in the three counties previously mentioned). USDA FSIS authorizes animal slaughter facilities. DHMH Office of Milk Control licenses dairies and dairy products. MDA licenses eggs. Note that Baltimore County has also adopted its own food code, but it does not include the state's food processing regulations, and therefore Baltimore County does not license food processors.
Does Maryland provide meat and poultry processing inspection services funded under USDA FSIS?
No, Maryland does not license or inspect animal slaughter facilities. However Maryland does cooperate and collaborate with USDA FSIS to enforce and comply with federal regulations.
Does Maryland have a "home rule" policy that allows locales to further restrict food safety regulations?
Yes, Maryland has 23 counties, plus Baltimore City, for a total of 24 different food safety jurisdictions. 13 counties have adopted home rule. Home rule counties may have food safety regulations that are more restrictive than state regulations. However most often further restriction of state food safety code by counties applies to food service, not food processing. Only the state, Baltimore City, Prince George's County, and Charles County have authority to regulate food processing.
Does Maryland have county level food safety inspection services?
Yes, County Health Departments inspect food service. Only Prince George's County, Charles County, and Baltimore City inspect and license food processors. There is one regulation for food processing facilities throughout the state. A food processing license issued by the state, Baltimore City, Prince George's County, or Charles County is portable throughout the state. Some counties may further restrict food service. All counties set their own fees for licenses.
Does Maryland have municipal level food safety inspection services?
Yes, Baltimore City has a municipal government on a par with the state's county governments, and inspection is done by the Baltimore City Health Department.
Does Maryland license animal slaughter facilities?
No, USDA FSIS has jurisdiction over animal slaughter facilities and they issue a "grant of inspection", not a license, which is continuous while the operation is in compliance. In other words, if the facility meets federal standards, FSIS will assign an inspector to the facility, and FSIS will provide continuous inspection services to the facility as long as it operates in compliance with federal standards. If FSIS withdraws inspection services for whatever reason, the facility will no longer qualify as federally inspected.
Does Maryland license poultry slaughter facilities?
No, USDA has jurisdiction over poultry slaughter facilities and they issue a "grant of inspection", not a license. USDA FSIS has jurisdiction over and issues a grant of inspection for processors of over 20,000 poultry per year. Under 20,000 slaughtered per year, USDA FSIS has jurisdiction to not sell adulterated poultry but the facilities are exempt from continuous inspection, however they may be inspected quarterly. Maryland allows the up to 20,000 bird exemption for on-farm processing and sales as specified in the Federal Poultry Act, but Maryland further restricts the Act by not allowing those birds to be sold off farm (DHMH approved source regulations). However, MDA may soon offer a training program for exempt farmers who want to sell off farm. Farmers enrolled in this program would be allowed by the state to sell off farm without further inspection.
Does Maryland license mobile processing units (MPUs) for animal slaughter?
In Maryland, MPUs may be used for processing meat or poultry but MPUs are not licensed. They are treated as an on-farm facility, and all the same facility licensing requirements apply.
Does Maryland license custom meat processing facilities?
No, Maryland has no state meat inspection services. USDA FSIS has jurisdiction over custom meat processing under the Federal Meat Inspection Act and may inspect facilities quarterly. Custom meat processors are not licensed, they receive an exemption from continuous inspection from FSIS.
Does Maryland license custom poultry processing facilities?
No, Maryland has no state poultry inspection services. USDA FSIS has jurisdiction over custom poultry processing under the Federal Meat Inspection Act and may inspect facilities quarterly. Custom poultry processors are not licensed, they receive an exemption from continuous inspection from FSIS.
Does Maryland license sales of raw milk?
No.
Does Maryland license on-farm bottling of milk?
Yes, 2 dairy farms in Maryland are bottling milk and processing other Grade A dairy products. DHMH Division of Milk Control issues a Milk Processing Plant - Milk Processor license. Regulations for the Division of Milk Control are specified in the FDA Pasteurized Milk Ordinance. There is no Division of Milk Control at the county level because of the technical expertise required.
Does Maryland license on-farm processing of cheese, butter, and yogurt?
Yes, DMHM licenses value-added dairy products. Butter and yogurt require a Grade A Processor license, cheese requires a Manufacturer Grade Processor license, and ice cream requires a Frozen Dessert license. All dairy products must be produced from pasteurized milk. However, DHMH has launched a Farmstead Cheese Pilot Study Program for producers who make cheese from raw milk aged at least 60 days. There are 5 on-farm cheese processors in Maryland. 12 Maryland producers ship milk to Pennsylvania to have Farmstead Cheese produced. There are 2 on-farm ice cream processors.
Does Maryland license small scale food processing facilities?
Yes, DHMH licenses food processors. The license is often restricted to processing only certain types of foods based on the facility capacity, equipment, and design.
Does Maryland license home kitchens for food processing?
No, however, home kitchen operators may process non-potentially hazardous baked goods, jams, and jellies, which may be sold only at farmers markets in the state.
Does Maryland license on-farm food processing?
Yes, DHMH issues an On-Farm Home Processing License. In addition to producing non-potentially hazardous baked goods, jams and jellies, fruit pies, honey and herb mixtures, dried fruit and vegetables, farmer operators may process acidified foods. However, to process acidified foods on-farm, FDA training is required (Better Process School), and/or a process authority or person who is trained and certified by FDA, must authorize the recipe and process. Non-potentially hazardous baked goods include baked cakes, muffins, or cookies with a water activity of .85 or less, and fruit pies with an equilibrated pH of 4.6 or less. Food produced under an On-Farm Home Processing License may be sold at any venue in the state.
Does Maryland license on-farm processing of honey and maple syrup?
Maple syrup is licensed seasonally by DHMH. Honey is a raw agricultural product and no license is required unless it is prepared with added ingredients.

Resources

Maryland Regulatory Environment Interactive Chart
(Resource added in June of 2009)

Maryland Department of Health and Mental Hygiene, Division of Food Control
http://cha.maryland.gov/ofpchs
(Link added in June of 2009)

Maryland.gov
http://maryland.gov/Pages/default.aspx
(Link added in June of 2009)

Maryland Department of Agriculture
http://www.mda.state.md.us/
(Link added in June of 2009)

Maryland Department of Health & Mental Hygiene
http://www.dhmh.state.md.us/
(Link added in June of 2009)

Maryland Counties
http://maryland.gov/pages/maps.aspx
(Link added in June of 2009)

Maryland Local Government
http://www.msa.md.gov/msa/mdmanual/01glance/html/locgov.html
(Link added in June of 2009)