I knew of “exempt”, meaning a homeless lunch program or soup kitchen, but upon further examination, the State of Maryland’s definition is much broader.
My read on this is that any 501(c)(3) nonprofit, including houses of worship of any denomination or faith, can prepare/cook and demo/taste/serve any type of food (TCS as well as non-TCS) to the public, without the need of a licensed kitchen, as long as this is not done more than 4 days a week.
Of course this needs to be verified and all the i’s dotted and t’s crossed with the health department, but I think I have uncovered an important piece of information, especially with regards to cooking demonstrations. It is very encouraging that the Montgomery County (Maryland) Health Department Inspection database has an “Excluded organization” category.
If secular nonprofit organizations like the American Legion, VFW and Moose Lodge are exempt from kitchen licensing, then all churches, religious organizations as well as clergy should be also.
REFERENCES
MARYLAND Food Handlers List of TCS Foods
https://www.mdfoodhandlers.com/Content.aspx?PageName=TCS
IRS Publication 1828 Tax Guide for Churches & Religious Organizations
Congress has enacted special tax laws that apply to churches, religious organizations and ministers in recognition of their unique status in American society and of their rights guaranteed by the First Amendment of the Constitution of the United States. Churches and religious organizations are generally exempt from income tax and receive other favorable treatment under the tax law.
https://www.irs.gov/pub/irs-pdf/p1828.pdf
Code of Maryland (COMAR) Regulations (Last Updated: July 29,2016)
Title 10. Department of Health & Mental Hygiene Subtitle 15. FOOD, Part 3.
Chapter 10.15.03. Food Service Facilities
http://mdrules.elaws.us/comar/10.15.03
COMAR Sec. 10.15.03.02. Definitions – Code of Maryland Regulations
(28a) “Excluded organization” means a bona fide nonprofit fraternal, civic, war veterans’, religious, or charitable organization or corporation that does not serve food to the public more often than 4 days per week, except that once a year an organization may serve food to the public for up to 14 consecutive days.
http://mdrules.elaws.us/comar/10.15.03.02
There are currently 7 excluded organizations listed by the Montgomery County Health Department:
o AMERICAN LEGION #086
o BAUER DRIVE COMMUNITY CENTER
o BLAKE BOOSTER CLUB CONCESSION STAND
o GWENDOLYN E. COFFIELD COMM. CENTER
o POTOMAC COMMUNITY CENTER
o VFW TAKOMA POST 350
o WHEATON MOOSE LODGE #1775
https://stat.montgomerycountymd.gov