Subtitle 5 – Miscellaneous Regulations

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.

has absorbed or mixed with deleterious gases, liquids, or solids;

is decomposed, rotten, tainted, or otherwise impure; or

is otherwise in any way:

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.

conspicuously displayed on a sign; and

attached to each package or item of meat, fish, seafood, or poultry.

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:

No food service facility may sell or offer for sale any dated food after its expiration date unless that food is:

The notice required by this subsection must be:

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.

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:

“Food containing trans fat” means, except as provided in paragraph (2) of this subsection, any food that:

“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.

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.

In this section, the following terms have the meanings indicated.

“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:

In this section, “children’s meal” means a combination of food items that is:

“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.

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.