# Subtitle 1 – Definitions; General Provisions

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 6-101 Definitions.

Balt., Md., Code § 6-101 (2026)

(a) In this title, the following terms have the meanings indicated.

(b) “Excluded organization” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.02|B.|(28)">COMAR 10.15.03.02B(28)</cite>.

(c)

  (1) “Food” means any natural or artificial substance or ingredient, whether raw, cooked, or processed, that is used or sold or intended for use or sale, in whole or in part, for human consumption.

  (2) “Food” includes:

    (i) ice;

    (ii) beverages; and

    (iii) chewing gum or any substance used as a component of chewing gum.

  (3) “Food” does not include any:

    (i) alcoholic beverage, as defined in State Code <cite data-path="|2">Article 2</cite>B, § 1-102(a)(2); or

    (ii) drug, as defined in § 21-101(g) of the State Health-General Article.

(d) “Food service facility” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.02|B.|(34)">COMAR 10.15.03.02B(34)</cite>.

(e) “Food service manager” means an individual designated by a food service facility to exercise operational supervision of the facility.

(f) “License” means a license issued under this title to operate a food service facility.

(g)

  (1) “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.

  (2) Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this title “person” also includes, except as used in <cite data-path="|health|§6-802">§ 6-802 {“Penalties”} of this title</cite>, a governmental entity or an instrumentality or unit of a governmental entity.

*History: Ord. 99-548*

*History: Ord. 14-308*

*History: Ord. 22-125*

## § 6-102 Commissioner’s duties.

Balt., Md., Code § 6-102 (2026)

The Commissioner of Health is responsible for:

(1) inspecting, regulating, and licensing food service facilities;

(2) obtaining food samples and testing their qualities by chemical or microscopical examination as the Commissioner considers necessary or appropriate; and

(3) generally enforcing this title and any applicable State regulations.

*History: Ord. 99-548*

*History: Ord. 14-308*

## § 6-103 Rules and regulations.

Balt., Md., Code § 6-103 (2026)

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner, consistent with this title and State law:

(1) must designate the classes of licenses to be issued for various types of food service facilities; and

(2) may include provisions that govern the construction, design, operation, and maintenance of food service facilities.

*History: Ord. 99-548*

*History: Ord. 06-185*

## § 6-104 Inspections; samples.

Balt., Md., Code § 6-104 (2026)

(a) The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect:

  (1) any structure, premises, or vehicle  in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and

  (2) any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food.

(b) During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis.

*History: Ord. 99-548*

## § 6-105 Confiscation of food.

Balt., Md., Code § 6-105 (2026)

(a) The Commissioner may condemn, confiscate, and either destroy or denature any food that:

  (1) fails to comply with any requirement of this title; or

  (2) is possessed by any person who is violating any provision of this title.

(b) No person may hide, remove, or assist in hiding or removing any food that has been condemned by the Commissioner.

(c) Nothing in this section imposes on the Commissioner the duty or expense of confiscating any food condemned by the Commissioner.

*History: Ord. 99-548*