Any place or premises, or any part thereof, where frozen desserts are manufactured, processed, assembled, frozen and stored for distribution or sale at retail directly to the consumer is required to obtain a permit from the Department of Health and Mental Hygiene (DOHMH).
This permit is required in addition to any other requirements for a retail food service operation where food is sold directly to the consumer.
Frozen desserts include, but are not limited to, the following: ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, granita, water ices, non-fruit water ices, confection frozen without stirring, dairy confection frozen without stirring, manufactured dessert mix, frozen confection, frozen yogurt, freezer made shakes or milk shakes, dietary frozen dessert, "slushies", whipped cream confection and bisque tortoni with any mix used in making such frozen dessert.
This permit requires annual renewal. A renewal application form will be mailed to each permitted facility with no outstanding summonses or overdue payments. The renewal form should be completed and returned with the appropriate permit fee (if applicable). An inspection is required for the initial application, but there is no inspection requirement for renewal. Once licensed, subsequent inspections of the machinery will be conducted at the time the business is inspected in the course of normal operation.