1. A. An operator shall furnish food at the facility only if it is wholesome and free from spoilage, filth, or other contamination and obtained from sources that comply with all laws relating to food, food processing, food handling, and food labeling.

2. B. When an operator contracts to have food furnished from an outside source, such as a catering service, the operator shall ensure that the food:

   1. (1) Has been prepared and processed in a licensed food service facility or in a licensed food processing plant; or
   2. (2) Consists of a snack or party food which is not potentially hazardous and does not present a significant risk of transmitting food-borne disease.
3. C. An operator may not provide to the children home-canned goods or any other hermetically sealed food prepared in a place other than a licensed food processing establishment.

4. D. An operator:

   1. (1) Shall provide only fluid milk and fluid milk products that are:

      1. (a) Pasteurized Grade A;
      2. (b) Except as provided by §D(3) of this regulation, served from the original container; and
      3. (c) Not more than 4 days older than the expiration date marked on the original container;
   2. (2) May use dry milk, dry milk products, or reconstituted dry milk only for cooking purposes; and
   3. (3) For meals and snacks, may serve milk family-style from a pitcher or similar container into which the milk has been poured from the original container.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1827)

Regulation .01 amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 16)