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