When applying for a license to operate a food service facility or applying for a permit to undertake material alterations, the applicant must pay an application fee to help defray the cost of processing the plans and specifications, conducting a risk assessment, reviewing hazard analysis critical control point (HACCP) plans, or undertaking an initial inspection. The applicant must pay an additional fee for each reinspection needed before the license or permit can be approved. The amount of these fees are as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(d)(4) Ord. 99-548 Ord. 06-185 Ord. 14-308

Subject to § 6-404 {“Reduced fee for certain tax exempt entities”} and <cite data-path="|health|§6-405">§ 6-405 {“Waived fee for certain day care centers”} of this subtitle</cite>, the annual license fee for each class of food service facility is as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(a)12(2nd sen.), (d)(1) Ord. 99-548 Ord. 00-033 Ord. 06-185

This section applies to an entity described in subsection (b) of this section only as long as that entity maintains tax exempt status under § 501(c)(3) of the Internal Revenue Code. For the following tax exempt entities, the annual license fee may not exceed $50:any charitable food facility that provide meals to low-income individuals for no charge, such as soup kitchens, soup pantries, or shelter homes; any youth organization whose membership is composed of minors and that operates temporary facilities for the purpose of raising funds to support the organization; and any child group day care center that is licensed to provide care and supervision to school age and preschool age children. City Code, 1976/83, art. 11, §165(a)8 - 11, (d)(2) Ord. 99-548 Ord. 06-185

As long as the Maryland Department of Human Resources continues to contract with the City Department of Health for 2 or more environmental sanitarians to inspect and monitor child group day care centers in the City, the annual license fee for those centers is waived. City Code, 1976/83, art. 11, §165(d)(3) Ord. 99-548

Any licensee who is required to pay a license fee and who fails to renew the license within 5 days of its expiration must pay an additional late fee for each day after the expiration date that the license remains unrenewed. The amount of the late fee is as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(d)(5) Ord. 99-548 Ord. 00-033 Ord. 06-185 06-247

Fees imposed for certification of food service managers are as set by the Commissioner. City Code, 1976/83, art. 11, §165(b-1)(5) Ord. 99-548

The Commissioner must promptly account for and pay to the Director of Finance all fees received under this subtitle. The Director of Finance must credit these fees to a special fund entitled “Food Service Facilities”, to be used:to cover the cost of licensing, inspecting, and regulating food service facilities; and to help defray the cost of environmental health inspection programs that affect food service facilities. The Director of Finance must submit a quarterly accounting of this fund to the Chair of the Budget and Appropriations Committee of the City Council. City Code, 1976/83, art. 11, §165(d)(6), (7) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Adulterated food” means any food that:has been prepared, manufactured, processed, stored, packaged, handled, distributed, or sold under insanitary conditions that reasonably could be expected to have contaminated it; is considered to be adulterated within the meaning of the Maryland Food, Drug, and Cosmetic Act; or otherwise violates the requirements of the Maryland Food, Drug, and Cosmetic Act. “Unwholesome food” means any food that:has absorbed or mixed with deleterious gases, liquids, or solids; is decomposed, rotten, tainted, or otherwise impure; or is otherwise in any way:deleterious to health; liable to introduce, cause, or increase sickness; or liable to impair or upset functions of the human body. City Code, 1976/83, art. 11, §64(part) Ord. 99-548

Each food service facility must comply with all applicable health laws, rules, and regulations of the federal government, the State of Maryland, and the City of Baltimore. City Code, 1976/83, art. 11, §165(e) Ord. 99-548

No food service facility may use any acid, drug, chemical, coloring, or other substance to disguise any adulterated or unwholesome food. City Code, 1976/83, art. 11, §§58(1st sen.), 59(last cl.) Ord. 99-548

No food service facility may sell, offer for sale, transport, or have on its premises, in any vehicle, or on the premises of any other person any adulterated or unwholesome food. City Code, 1976/83, art. 11, §59(last cl.) Ord. 99-548

In this section, the following terms have the meanings indicated. “Defrost” means to allow any frozen food to thaw so that it is not readily recognizable as frozen food. “Frozen food” means any food that has been kept at or below 0° F. No food service facility may represent or advertise as fresh any frozen food that has been allowed to defrost. No food service facility may sell or offer for sale any food designed to be sold frozen (such as “TV dinners”, packaged fruits, and frozen desserts) if it has been allowed to defrost. No food service facility may sell or offer for sale any meat, fish, seafood, or poultry that, in whole or in part, has been frozen and then allowed to defrost unless a notice stating “this product has been frozen and thawed” is:conspicuously displayed on a sign; and attached to each package or item of meat, fish, seafood, or poultry. City Code, 1976/83, art. 11, §67 Ord. 99-548 Ord. 04-672

In this section, the following terms have the meanings indicated. “Dated food” means any food that contains an expiration date on its label or packaging. “Expiration date” means:any date designated as an “expires on” date, “sell by” date, “pull by” date, “use by” date, or “best if used by” date; or any similar time guide for the sale or use of a food product by food service facilities or consumers. No food service facility may sell or offer for sale any dated food after its expiration date unless that food is:segregated from its non-expired food counterpart; and accompanied by a conspicuous notice that states: “This Food is Being Sold Past Its Expiration Date”. The notice required by this subsection must be:on a sign at least 11" by 14"; and printed in letters at least 1" high. Nothing in this section authorizes:the sale of any perishable food, such as milk, cheese, meat, eggs, and baby food, past its expiration date; or the sale or possession of any adulterated or unwholesome food. No food service facility may alter, remove, cover, disguise, or otherwise obscure the expiration date of any dated food. Ord. 02-438

Each food service facility must keep its entire premises, including all abutting sidewalks, alleys, footpaths, gutters, and other public rights-of-way, free of litter and rubbish. If, during any license year, the Commissioner receives 10 or more complaints of the facility’s having violated this section, the Commissioner must conduct a hearing under Subtitle 6 {“Suspensions and Revocations”} of this title to determine if the license should be suspended, its renewal denied, or other penalties imposed. For purposes of this subsection, the Commissioner may accept a complaint only if it:is in writing; is made by an adult; includes the complainant’s name and address; and is submitted independently of any other person’s complaint about the facility. Nothing in this section precludes the imposition of penalties under any other law that governs the disposition of litter, trash, garbage, or other waste. City Code, 1976/83, art. 11, §165A Ord. 99-548

“Food containing trans fat” means, except as provided in paragraph (2) of this subsection, any food that:is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil; lists vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient; or contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil. “Food containing trans fat” does not include food with a nutrition facts label or other documentation from the manufacturer that lists the food’s trans fat content as less than 0.5 grams per serving. Except as provided in paragraph (2) of this subsection, food containing trans fat may not be stored, distributed, held for service, used in preparation of any menu item, or served in any food service facility. This subsection does not apply to food that is served directly to patrons in the original sealed package of the manufacturer. Except as provided in subparagraph (ii) of this paragraph, a food service facility must maintain on site the original label for any food:that contains fats, oils, or shortenings; that is required by federal or state law to have a label when purchased by a food service facility; and that is stored, distributed, held for service, used in preparation of any menu items, or served by the food service facility. The Health Commissioner may permit a food service facility to submit acceptable documentation from the manufacturer that indicates whether a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates a food’s trans fat content. If a food contains fats, oils, or shortenings and is not required to be labeled when purchased, the food service facility must obtain and maintain documentation from the manufacturer that indicate whether the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates the food’s trans fat content. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may include rules or regulations that govern the documentation acceptable or required under paragraphs (i)(ii) and (2) of this subsection. Ord. 08-001 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, the following terms have the meanings indicated. “Disposable food service ware” means cups, plates, dishes, bowls, trays, clamshell containers, take-away containers, or similar items used for serving food or for transporting small amounts of prepared food. “Disposable food service ware” does not include coolers. “Polystyrene foam” means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam™) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Except as provided in paragraph (2) of this subsection, no food service facility may use any disposable food service ware that is made from polystyrene foam. Paragraph (1) of this subsection does not apply to:food or beverages that have been filled and sealed in polystyrene-foam containers outside of the City before the food or beverages were received by a food service facility in the City; or materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. Ord. 18-125 This section was enacted by Ordinance 18-125 (enacted April 19, 2018). Section 3 of that Ordinance provides that the new law takes effect 18 months after the date of enactment (i.e., on October 19, 2019).

In this section, “children’s meal” means a combination of food items that is:prepared by and offered for purchase at a food service facility as a unit at a single price; and represented to be or otherwise primarily intended for consumption by children. “Children’s meal” does not include a combination of food items that has been prepackaged by or at a facility other than the food service facility offering the prepackaged combination for purchase. No food service facility may offer a children’s meal that includes a beverage unless that beverage is:water, sparkling water, or flavored water, with no added natural or artificial sweeteners; milk or a non-dairy milk alternative; or 100% fruit juice or fruit juice combined with water or sparkling water, with no added natural or artificial sweeteners, in a serving size of no more than 8 ounces. Nothing in this section precludes a food service facility from providing, if specifically requested by the purchaser of the children’s meal, any lawful beverage as a substitute or alternative for the beverages being offered in accordance with subsection (b) of this section. Ord. 18-126

Whenever the Commissioner finds that any food service facility is in violation of any provision of this title or is in an unsanitary or other condition that, in the Commissioner’s judgment, constitutes a hazard to the public health, the Commissioner may issue a violation notice to the facility. The violation notice must:cite the violation or condition; specify the corrective action to be taken and the time within which that action must be taken; and state that a hearing will be provided to the facility, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §165(f)(1), (f)(2)(part) Ord. 99-548

If a food service facility fails to comply with the violation notice within the time prescribed, the Commissioner may then issue an order of suspension to the facility. An order issued under this section may:immediately suspend the facility’s license; and order all food service facility operations to be discontinued immediately. City Code, 1976/83, art. 11, §165(f)(2) Ord. 99-548

If the Commissioner considers it necessary in the interest of public health, the Commissioner may issue an order of immediate suspension to the facility without having first issued a violation notice under <cite data-path="|health|§6-601">§ 6-601 {“Notice of violation or hazard”} of this subtitle</cite>. An order issued under this section:must cite the violation or condition; must specify the corrective action to be taken and the time within which that action must be taken; and may order all food service facility operations to be discontinued immediately. The notice must also state that a hearing will be provided to the facility under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. City Code, 1976/83, art. 11, §165(f)(3) Ord. 99-548

The Commissioner may suspend or refuse to renew the license of a food service facility if:at any time within the preceding 6 months, the facility has been served with 3 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either or both of:City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}; or at any time within the preceding 12 months, the facility has been declared to be in default of 1 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either of:City Code <cite data-path="|1|§40-8">Article 1, § 40-8 {“Environmental Citations: Default by person cited”}</cite>; or City Code <cite data-path="|1|§41-10">Article 1, § 41-10 {“Civil Citations: Default”}</cite>. For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health: <ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|13">Article 13</cite>. Housing and Urban Renewal</li> <ul> <li>Subtitle 5 {“Licensing of Rental Dwellings”}.</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|15">Article 15</cite>. Licensing and Regulation</li> <ul> <li>Subtitle 17. Street Vendors</li> <li>Subtitle 18. Itinerant Wholesale Produce Dealers</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|19">Article 19</cite>. Police Ordinances</li> <ul> <li>§ 1-2. Placement {of advertising circulars} without permission</li> <li>§ 7-2. Vehicle alarms: Prohibited devices</li> <li>§ 8-18. Burglar alarms: Penalties</li> <li>§ 13-1 or § 13-2. Disorderly drinking</li> <li>§ 14-2 or § 14-3. Drinking in public places</li> </ul> <li>Subtitle 25. Loitering – General</li> <ul> <li>§ 26-6. Loitering – Drug-Free Zone</li> <li>§ 27-3. Loitering – For assignation, etc.</li> <li>§ 27-15. Loitering – Prostitution-Free Zone</li> </ul> <li>Subtitle 32. Minors – Sales in Proximity to Liquor Store</li> <ul> <li>§ 34-5. Curfews: Prohibited conduct of parents, guardians, etc.</li> <li>§ 34-6. Curfews: Prohibited conduct of establishments</li> <li>§ 40-9. Dirt Bikes, etc. – Motor fuel sales</li> <li>§ 41-2. Outdoor telephones: Prohibited placement</li> <li>§ 45-2. Signs on public property: Posting prohibited</li> <li>§ 47-5. Nighttime soliciting</li> <li>§ 50-2. Obstructing street, etc., or gutter</li> <li>§ 50-3. Merchandise projecting from building</li> <li>§ 50-26. Fires in street, lane, or alley</li> <li>§ 50-41. Playing, etc., in street, etc.</li> <li>§ 50-56. Soliciting customers</li> <li>§ 59-18. Reporting {theft or loss of firearm} required</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|23">Article 23</cite>. Sanitation</li> <ul> <li>§ 2-1. Mixed refuse: Receptacles</li> <li>§ 2-2. Mixed refuse: Handling</li> <li>§ 4-1 or § 4-2. Receptacles on collection days</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|24">Article 24</cite>. Water</li> <ul> <li>§ 21-1. Rules and regulations {to protect supply and facilities}</li> <li>§ 21-2. Suspension, etc., of certain uses</li> <li>§ 21-3. Injuring fire hydrants</li> <li>§ 21-4. Wrongful use after cut-off</li> <li>§ 21-5. Refusal of entry</li> <li>§ 21-6. Interference with equipment; illegal use of water</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|26">Article 26</cite>. Surveys, Streets, and Highways</li> <ul> <li>Subtitle 6. Building Address Numbers</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|31">Article 31</cite>. Transit and Traffic</li> <ul> <li>§ 16-12. Vehicles on sidewalks</li> <li>§ 18-8. Riding {bicycles} on sidewalk</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|32">Article 32</cite>. Zoning</li> <ul> <li>§ 5-704. {Use permit –}When required</li> <li>§ 16-803. Storage, etc., of abandoned, etc., vehicles</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|II">Building Code</cite></li> <ul> <li>§ 114.14. Work without permit</li> <li>§ 115.3. Stop-work order: Unlawful continuance</li> <li>§ 116. Unsafe structures</li> <li>§ 120. Condemnation proceedings</li> <li>§ 123.8. Failure to comply with notice or citation</li> <li>§ 3302.2 Construction Safeguards: Waste and debris</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|VIII">Fire Code</cite></li> <ul> <li>§ 109.9. Maintenance: Overcrowding</li> <li>§ 111.1. Unsafe buildings: General</li> <li>§ 1001.2. Means of Egress: Minimum requirements</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|VII">Property Maintenance Code</cite></li> <ul> <li>Chapter 3. General Requirements</li> </ul> <li> <cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|health">Health Code</cite> </li> <ul> <li>Title 5. Nuisance Control</li> <li>Title 6: Food Service Facilities</li> <li>Title 7: Waste Control</li> <li>Title 8: Air Pollution</li> <li>Title 9: Noise Regulation</li> <li>Title 10: Animal Control and Protection</li> <li>Title 11: Swimming Pools</li> <li>Title 12: Tobacco Products and Smoking Devices</li> <li>Title 15: Ephedrine Products</li> </ul> </ul> Nothing in this subsection precludes the Health Commissioner from determining, in his or her discretion, that a citation for an offense was issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health. Before suspending or refusing to renew a license under this section, the Commissioner must provide the facility with notice and an opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 09-243 Ord. 12-046 Ord. 13-093 Ord. 14-310 Ord. 15-427 Ord. 16-581 Ord. 18-130 Ord. 20-361 Ord. 22-124

Any food service facility may apply to the Commissioner for reinstatement of a suspended license. In addition to any other information that the Commissioner requires, the application must include a signed statement by the applicant that, in the applicant’s opinion, the violation or condition that caused the suspension has been corrected. Within 10 days of receiving the application and the reinspection fee specified in subsection (d) of this section, the Commissioner must reinspect the facility. If, on reinspection, the facility is found to comply with all applicable requirements, the license must be reinstated. The fee for a reinspection performed during regular working hours is $100. The fee for a reinspection performed during weekend or evening hours is $300. City Code, 1976/83, art. 11, §165(g)(3rd par.) Ord. 99-548 Ord. 09-243

The Commissioner may revoke the license of a food service facility if that facility:commits more than one violation of this title; or interferes with the performance of the Commissioner’s duties. Before revoking a license, the Commissioner must provide the facility with notice and opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §165(h) Ord. 99-548

A food service facility that has had its license suspended must post a public notice of the suspension throughout the suspension period. The notice must:state the term of and reasons for the suspension; be in the form and tenor that the Commissioner specifies; and be conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians. Promptly after a food service facility has had its license suspended, revoked, or denied renewal, the Commissioner must provide, through 2 or more social media outlets, public notice of the suspension, revocation, or nonrenewal. The notice must include the same information as that required by subsection (c)(2) of this section for a website listing. The Commissioner must maintain, update at least weekly, and publish on the Department’s website a list of all food service facilities that, at any time during the preceding calendar month or during the current calendar month to the latest update, have had their licenses suspended, revoked, or denied renewal. The listing must include:the name (including trade name) and address of the facility; the effective date and term of the suspension, revocation, or nonrenewal; and the reasons for the suspension, revocation, or nonrenewal. City Code, 1976/83, art. 11, §61(3) Ord. 99-391 Ord. 02-439 Ord. 09-217 Ord. 15-399

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548

Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $1,000 for each offense. For operating a food service facility without a license or in violation of the terms of a license, the penalty is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 99-548