I recently spent some time reviewing Maryland’s new House Bill 272 – Food Establishments – Lavatory Requirement and On-Farm Food Service Facility License, along with the draft regulations currently being developed by the Maryland Department of Health. The changes are interesting and may signal a shift in how Maryland approaches on-farm food service. [mgaleg.maryland.gov]
One aspect that immediately caught my attention was the draft language of Maryland Department of Health requirements for food service facilities on working farms to allow, under certain conditions, the use of a non-commercial kitchen for food prepared and sold through an on-farm food service operation. For those of us who have followed Maryland’s traditionally conservative approach to direct to customer food service, that feels significant.
My first reaction was excitement.
Is Maryland finally cracking the door open to easing some regulatory barriers while still protecting public health?
Maybe.
But there is an important detail that cannot be overlooked. Passing a House Bill or updating State food code does not automatically create uniform enforcement at the local level. On-farm food service permits are still issued through local health departments, and although most counties follow the state law, some, like Baltimore County, have created food code that in some areas exceed the state code. While the state may establish a framework, local jurisdictions often retain the ability to impose stricter requirements.
This brings me to a broader question.
Recently, I have written about cottage food operations and the limitations that exist in Maryland. Meanwhile, other states have expanded pathways that allow home-based food entrepreneurs to produce and sell a wider variety of foods under controlled conditions.
At the same time, it has become increasingly common to find individuals selling prepared foods from homes and advertising on social media pages, and informal networks without permits or inspections. Interestingly, the State manages the cottage rules, but the local jurisdiction is responsible for illegal food service operations. Furthermore, more than one local official has acknowledged that enforcement resources are limited and that it is difficult to keep pace with the volume of unlicensed operations.
So perhaps the real question is this: Is it time for Maryland and local jurisdictions to revisit the balance between public health protection and practical enforcement?
Instead of continuing with rules that are widely ignored, should we explore systems that allow more home and farm-based food service, provided operators complete food safety training, obtain permits, and undergo inspections. I believe that any person advertising for food sales, should be required to clearly identify their permit number or that they are producing under cottage. That will make it easier for the consumer to identify the producer, make it easier for reporting concerns, and hold offenders responsible.
I do not pretend to have all the answers.
What I do know is that when respect for food safety laws diminishes with large numbers of people operate outside the system, the public is placed at greater risk. Consumers lose the protections that licensing, inspections, and food safety education are intended to provide. It can also create an uneven playing field for businesses that operate legally, maintain insurance coverage, and invest in compliance with food safety regulations.
The challenge is finding a path that supports small food entrepreneurs while maintaining the safeguards that protect public health. I’d love to hear your thoughts.
Should Maryland expand legal pathways for home and on-farm food businesses, or do current restrictions remain necessary to protect consumers?
Stay safe and stay informed,
Sue Farace
SMF Training & Consulting
“Food safety is most effective when regulations are practical, understood, and followed.”