§ 15-1. Definitions.
§ 15-2. Examination of food and drink samples; condemnation of unwholesome food or drink.
§ 15-3. Inspections.
§ 15-4. Licensee's responsibilities to monitor employees; procedure when infection is suspected.
§ 15-5. Nonconforming fixtures, equipment, etc.
§ 15-6. Administration of chapter; regulations.
§ 15-7. Violations, penalty, and injunctive relief.
§ 15-8. License required; exemptions; certified manager
§ 15-9. Food service manager; responsibility; certification; licensee’s responsibility.
§ 15-10. Application.
§ 15-11. Plan approval requirements.
§ 15-12. Fees.
§ 15-13. Posting.
§ 15-14. Transfer.
§ 15-15. Renewal.
§ 15-15A. Nutrition Labeling.
§ 15-15B. Food allergen awareness training—Required.
§ 15-15C. Healthy meals for children.
§ 15-16. Suspension or revocation-Generally.
§ 15-17. Same-Reinstatement.
§ 15-18. Same-Appeals.
Notes
| 1 | *Editor's note-1989 L.M.C., ch. 1, amended the chapter in its entirety. In some cases, existing provisions were retained but were given a difference section number. In those cases a complete history note has been retained, and a note giving the former section number has been included. Completely new material will carry reference only to 1989 L.M.C., ch. 1. County Council Resolution No. 14-70 adopted smoking restrictions in eating and drinking establishments as a Board of Health Regulation effective January 1, 2002. |
In this Chapter, the following words and phrases have the following meanings:
(a) Adulterated food: Any food or drink:
(1) Which has been produced, prepared, packed, or held under unsanitary conditions whereby it would reasonably be expected to have become contaminated; or
(2) Which violates the Maryland Food, Drug and Cosmetic Act.
(b) Department: The Department of Health and Human Services.
(c) Director: The Director of the Department of Health and Human Services or the Director's designee.
(d) Eating and drinking establishment: Any food service facility.
(e) Employee: Any person, including an owner or manager, who:
(1) Handles food or drink during preparation, storage, or serving; or
(2) Comes in contact with eating, drinking, or cooking utensils and dishware; or
(3) Is employed in a room in which food or drink is prepared or served.
(f) Food service facility: Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes:
(1) Any restaurant, coffee shop, retail market, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain; and
(2) Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.
(g) Food or drink: Substances for human consumption as defined in State law.
(h) Food service manager:
(1) The licensee;
(2) An employee assigned by the licensee to supervise or manage food-handling employees; or
(3) An employee who otherwise has the authority, either personally or through others, to immediately enforce food protection, handling, storage, and display practices and good personal hygiene.
(i) Temporary food service facility:
(1) A food service facility operating for a temporary period at a fixed location, not exceeding 30 days, at a fair, carnival, public exhibition, construction project, recreational facility or similar gathering; or
(2) Any other food service facility which travels from place to place.
Each temporary food service facility belongs to one of 4 classes:
Class I: A food service facility operating from a fixed location or a mobile unit which handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, and which does not prepare, wrap, or package any food or drink on the premises or within the mobile unit.
Class II: A food service facility operating from a fixed location, which handles, serves, or sells any food or drink, other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink on the premises.
Class III: A food service facility operating from a mobile unit which handles or sells any food or drink other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink within the mobile unit.
Class IV: A food service facility operating from a mobile unit which handles or sells sealed, prewrapped, or prepackaged food or drink in the original sealed container or wrapping, and does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea.
(j) License: A document authorizing a food service facility or a temporary food service facility to operate in the County.
(k) Licensees: A person who is issued a license.
(l) Person: An individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise, or other publicly or privately owned entity.
(m) Potentially hazardous food: Any food capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. This term includes milk or milk products, eggs, meat, poultry, fish, shellfish, and edible crustacea. This term does not include clean, whole, uncracked, odor-free shell eggs.
(n) Utensils: Any kitchenware, tableware, glassware, cutlery, utensils, containers, machines, or other equipment with which food or drink comes in contact during storage, preparation, or serving. (Mont. Co. Code 1965, § 82-1; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 26, § 1; 2021 L.M.C., ch. 18, §1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director may take samples of food, drink, or other substances from food service facilities and examine them as often as is necessary to find wholesomeness or freedom from adulteration.
The director may detain pending examination, condemn, or prohibit the use or sale of any food or drink which his examination discloses to be unwholesome or adulterated, and cause the food or drink to be removed or destroyed. (Mont. Co. Code 1965, § 82-2; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989L.M.C., ch. 1, § 1.)
The director must inspect each food service facility twice each year to determine compliance with this chapter. The director must resolve each complaint alleging a violation of this chapter and may conduct any other on-site visit necessary to achieve compliance with this chapter. An inspector must be permitted access to all parts of the food service facility during operating hours and at any other reasonable time must be permitted to inspect all records of food purchased to determine its source. Failure to permit inspection or comply with resulting notices is a violation of this chapter. (Mont. Co. Code 1965, § 82-3; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 1.)
(a) The licensee must monitor the food handling and hygiene of employees and enforce safe practices. The licensee must also monitor employees for overt symptoms of gastrointestinal illness and skin wounds or infections, and must take appropriate action to stop an employee with these conditions from handling food or drink or food contact surfaces.
(b) When the director has reasonable cause to suspect that disease may be transmitted by any food or drink in a food service facility or by any employee, the director must secure a morbidity history of each suspected employee, inspect the food service facility, obtain food or drink samples for analysis, investigate other relevant facts, and take appropriate action. An order issued under this section takes effect immediately unless the order specifies otherwise.
(c) The director may, when appropriate:
(1) Exclude an employee from all food service facilities;
(2) Restrict an employee to an area of a food service facility with no danger of transmitting disease;
(3) Close a food service facility until the director finds no further danger of disease transmission; or
(4) Require medical and laboratory examinations of an employee, and of an employee's blood and body discharges. (Mont. Co. Code 1965, § 82-6; 1972 L.M.C., ch. 16, § 13; 1989 L.M.C., ch. 1, § 3.)
Editor's note-Formerly, § 15-6. Former § 15-4 specified general sanitation requirements and was derived from Mont. Co. Code 1965, § 82-4, and 1980 L.M.C., ch. 25, § 1. It was repealed by 1989 L.M.C., ch. 1, § 2.
(a) The director may approve the continued use of existing equipment or fixtures which do not conform to this chapter if:
(1) The equipment or fixture is not prohibited under this chapter or any other applicable law; and
(2) The equipment or fixture continues to perform in a safe and sanitary manner.
(b) The director may approve the use of new fixtures, materials, equipment, and methods that do not conform to this chapter if they are not prohibited under this chapter or any other applicable law. The director may require proof that the new fixtures, materials, equipment, and methods are safe and sanitary and that their design and quality are equal to or better than the requirements of this chapter. (Mont. Co. Code 1965, § 82-7; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)
Editor's note-Formerly, § 15-7. Former § 15-5, specifying sanitation requirements for itinerant establishments, was repealed by 1989 L.M.C., ch. 1, § 2. The section had been derived from Mont. Co. Code 1965, § 82-5; 1972 L.M.C., ch. 16, § 13; and 1980 L.M.C., ch. 25, § 1.
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