Updated: July 16, 2021
By Ginger S. Myers

Food processing regulations are specific to each type of food. Different agencies regulate different types of food. Different food processing facilities may be restricted to producing only certain types of food. For example, processing regulations differ for perishable and non-perishable foods. Processing regulations differ for hazardous and non-hazardous foods.

Exemptions are often included in food processing regulations. For example, there may be exemptions to federal and state food processing regulations for small farms, home kitchens, small-batch producers, and/or some religious groups.

If fruits, vegetables, grains, and legumes are raw and uncut, they are not considered processed. Hazardous or non-hazardous is determined by how perishable a food is, and how dangerous it may become once spoiled. Scientifically, it is determined by the pH balance of the food. Federal and state regulations define which foods are hazardous. PH Balance is a measurement used in chemistry to express the degree of acidity or alkalinity of a food. A pH of 7 is neutral. A higher pH expresses greater alkalinity; a lower pH expresses greater acidity.

GAP stands for Good Agricultural Practices and is a program developed by USDA, FDA, and CDC to set guidelines for safe handling and harvesting procedures for fruits and vegetables.

HACCP (pronounced “hassip”) stands for Hazard Analysis and Critical Control Points. The three main elements of the system are food microbiology, quality control, and risk assessment. It is a preventative program intended to improve food safety by identifying points in the processing and handling of food where food safety problems could occur. HACCP is a requirement for many types of food processing. Facility operators must develop their own HACCP plan for managing those critical control points and document the implementation of their plan.

Pasteurization is a process for eliminating bacteria that contaminate food. In the past, it usually meant heating liquids, like milk or juice, to a specified temperature for a specified length of time. Today it is often used, particularly on food labels, to refer to any technology (chemical bath, fumigant, irradiation, UV light treatment) that kills bacteria. Sometimes these other technologies are called dry pasteurization.

Baked Goods

FDA and USDA food safety regulations apply to baked goods. Baked goods may be considered hazardous or non-hazardous depending upon specific ingredients. Licenses may restrict recipes, or conversely, specific recipes may require specific licenses Bakeries are food processing facilities licensed by the Maryland Department of Health. The license may be restricted to processing only certain types of foods based on the facility capacity, equipment, and design. Home kitchens and on-farm processors may produce only 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. Baked goods produced in a home kitchen may be sold only at farmers' markets. Baked goods produced under an on-farm home processing license may be sold at any venue in the state.

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Maryland Department of Agriculture (MDA)

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Dairy

FDA and USDA regulate dairy farms and milk. Milk producers, milk haulers, and milk processors are licensed separately, although they may be the same business.

In Maryland, dairy businesses are licensed and inspected by the Maryland Department of Health (MDH), Office of Food Protection and Consumer Health Services - Division of Milk Control. MDH 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.

Dairy farms in Maryland may bottle milk and process other Grade A dairy products.

MDH 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, MDH has launched a Farmstead Cheese Pilot Study Program for producers who make cheese from raw milk aged at least 60 days.

Maryland does not allow raw milk sales.

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Maryland Department of Agriculture (MDA)

The United States Department of Agriculture (USDA)

The United States Environment Protection Agency (EPA)

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Eggs

By enforcement of Maryland law for eggs, the Maryland Department of Agriculture licenses and inspects egg producers through their Egg Inspection Program.

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Maryland Department of Agriculture (MDA)

The United States Department of Agriculture (USDA)

The United States Environment Protection Agency (EPA)

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Fruits and Vegetables

Raw Fruits and Vegetables

No license is required to sell fresh, whole, raw fruits and vegetables.  Increasingly farmers may be required by institutional, retail, and wholesale buyers to be GAP (Good Agricultural Practices) certified.  FDA and USDA set grade and pack standards and regulations for large producer/distributors of fruits and vegetables.

Salad greens may present confusion.  No license/inspection is required if the product is labeled “wash before eating” and is a whole leaf or plant product, and/or if seeds are mixed at planting (rather than leaves mixed after harvest).  A license/inspection is required if leaves are mixed after harvest, the product is cut up or chopped, and the product is labeled “ready to eat.”

Processed Fruits and Vegetables

FDA and USDA food safety regulations apply to processed foods.  Processed foods include minimally processed fruits and vegetables (e.g., cut melon, peeled squash, husked corn) jams, salsa, sauces, dried fruits, dried herbs, teas, cider, blended salad greens, condiments and spreads, canned or frozen food, etc.  In Maryland, MDA licenses processors of fruits and vegetables.

In Maryland, home kitchens may produce jams and jellies for sale only at farmers' markets.  Home kitchens are not allowed to produce and sell acidified foods.  Home kitchens are not licensed or inspected.

On-farm kitchens may produce and sell jams, jellies, and some acidified foods.  However, for acidified foods FDA training is required (Better Process School), and a process authority or person who is trained and certified by FDA, must authorize the recipe and process.  This food may be sold anywhere in the state

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Maryland Department of Agriculture (MDA)

The United States Environment Protection Agency (EPA)

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Meat

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.

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.

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.

In Maryland, mobile processing units (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.

As codified in the Federal Meat Inspection Act, "amenable meat" (cattle, sheep, goats, swine, equines, ratites) is under the jurisdiction of FSIS and is from species specifically mentioned in the Federal Meat Inspection Act. Non-amenable meat (reindeer, elk, deer, antelope, water buffalo, bison, squirrel, opossum, raccoon, rabbits, muskrat, non-aquatic reptiles) is typically game and is not under the jurisdiction of FSIS as the species are not specifically mentioned in the Federal Meat Inspection Act—even if they are raised on a farm.

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Maryland Department of Health

United States Department of Agriculture (USDA)

United States Environment Protection Agency (EPA)

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Poultry and Rabbit

USDA has jurisdiction over poultry slaughter facilities in Maryland and they issue a "grant of inspection", not a license, which is continuous while the operation is in compliance.  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 (MDH approved source regulations).  However, the Maryland Department of Agriculture 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 the farm without further inspection.

USDA FSIS has jurisdiction over custom poultry processing under the Federal Poultry Inspection Act and may inspect facilities quarterly.  Custom poultry processors are not licensed, they receive an exemption from continuous inspection from FSIS.

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.

As codified in the Federal Poultry Inspection Act, "amenable poultry" (chicken, turkey, ducks, geese, ratites, guineas, squabs) is under the jurisdiction of FSIS and is from species specifically mentioned in the Federal Poultry Inspection Act.  Non-amenable poultry (pheasant, quail, wild turkey, grouse, partridge) is typically game and does not fall under the jurisdiction of FSIS as the species are not specifically mentioned in the Federal Poultry Inspection Act—even if they are raised on a farm.

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Maryland Department of Agriculture (MDA)

United States Department of Agriculture (USDA)

Business Development Resources

Helpful Resources for Food Processing in Maryland

Standards and Licensing
Agencies and Jurisdictions
Cottage Food Business Law
Maryland Department of Health Office of Food Protection