Chapter 15. Eating and Drinking Establishments.

Which has been produced, prepared, packed, or held under unsanitary conditions whereby it would reasonably be expected to have become contaminated; or

Which violates the Maryland Food, Drug and Cosmetic Act.

Handles food or drink during preparation, storage, or serving; or

Comes in contact with eating, drinking, or cooking utensils and dishware; or

Is employed in a room in which food or drink is prepared or served.

Any restaurant, coffee shop, retail market, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain; and

Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.

The licensee;

An employee assigned by the licensee to supervise or manage food-handling employees; or

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.

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

Any other food service facility which travels from place to place.

Exclude an employee from all food service facilities;

Restrict an employee to an area of a food service facility with no danger of transmitting disease;

Close a food service facility until the director finds no further danger of disease transmission; or

Require medical and laboratory examinations of an employee, and of an employee's blood and body discharges.

The equipment or fixture is not prohibited under this chapter or any other applicable law; and

The equipment or fixture continues to perform in a safe and sanitary manner.

After January 15, 1989, a licensee must not operate a food service facility unless at least one employee is a certified food service manager, or is taking a course that will train the employee to be a certified food service manager.

After July 15, 1989, a licensee must not operate a food service facility unless the facility is under the immediate control of a certified food service manager.

This requirement does not apply to:

This requirement may be applied to a temporary food service facility at the discretion of the director.

The director may postpone or waive this requirement if in unusual circumstances its application to a particular licensee would result in undue hardship.

Prepared or provided from the homes of members of a nonprofit organization listed in subsection (d);

Shared among the members of the organization at no charge; and

Not served to the public.

No potentially hazardous food is prepared or served; and

Food or drink is served less than 5 times a week.

Accompany the inspector during an inspection;

Maintain the facility and procedures in compliance with this chapter; and

Comply with any inspection notices or orders issued under this chapter.

Plumbing, lighting, and the construction and finishing materials for work areas; and

The location, size, manufacture, and model number of all equipment.

Research reveals the strong link between diet and health and that diet-related diseases begin early in life.

Increased caloric intake is a key factor contributing to the increase in obesity in the United States. According to the Centers for Disease Control and Prevention, two-thirds of American adults are overweight or obese, and the rates of obesity have tripled in children and teens since 1980. Data from the Maryland Behavioral Risk Factor Surveillance System indicated that 50.8 percent of Montgomery County residents were overweight or obese in 2005. According to the National Institutes of Health, obesity increases the risk for diseases such as diabetes, cardiovascular disease (heart disease and stroke), osteoarthritis, sleep disorders, and cancer. According to the Maryland Vital Statistics 2003 Annual Report, heart disease, cancer, stroke, and diabetes accounted for nearly 60 percent of all deaths in Maryland in 2003. The Report cites heart disease, cancer, stroke, and diabetes as the first, second, third, and fifth leading causes of deaths in Maryland in 2003. The United States Department of Health and Human Services cited that in 2000 the economic cost of obesity was $117 billion in the United States.

The National Institutes of Health identified saturated fat as the biggest dietary cause of high low-density lipoprotein cholesterol. High LDL cholesterol levels lead to the build up of cholesterol in arteries; the higher the level of LDL in a person’s blood, the greater the risk of heart disease. In the United States, heart disease is the leading cause of death and a leading cause of disability among working adults. The American Heart Association estimated that the economic cost of heart disease and stroke in the United States in 2007 will be $431.8 billion in health care expenditures and lost productivity. The Maryland Behavioral Risk Factor Surveillance System indicated that nearly 34 percent of Maryland adults were diagnosed with high cholesterol in 2003. Overweight or obese adults were more likely to have high cholesterol than normal weight adults. The Maryland Vital Statistics 2003 Report cited heart disease as the leading cause of death in Maryland during 2003, which accounted for over 27 percent of all deaths.

The National Institutes of Health identified that excess dietary sodium will contribute to high blood pressure in people who are sensitive to sodium. High blood pressure can lead to congestive heart failure, kidney failure, and stroke. Nearly 1 in 3 American adults have high blood pressure. The Maryland Behavioral Risk Factor Surveillance System indicated that approximately 25 percent of Maryland adults were diagnosed with high blood pressure in 2003. As with high cholesterol, obese adults were more likely to have high blood pressure than normal weight adults.

Over the past 2 decades, there has been a significant increase in the number of meals prepared and eaten outside of the home. A study in the USDA Agriculture Information Bulletin reported that Americans consume approximately one-third of their calories on food purchased in eating and drinking establishments, and the National Restaurant Association estimated that Americans spend nearly 48 percent of total food dollars on food purchased from eating and drinking establishments. Studies in the USDA Agriculture Information Bulletin, the International Journal of Obesity, the American Journal of Public Health, and the American Journal of Epidemiology link eating out with obesity and higher caloric intake. Studies in the USDA Agriculture Information Bulletin and the American Journal of Epidemiology report that food from eating and drinking establishments is generally higher in calories and saturated fat and lower in nutrients, such as calcium and fiber, than home-prepared foods.

The federal Nutrition Labeling and Education Act, in effect since 1994, requires nutrition labeling on packaged foods sold in retail stores. Using food labels is associated with healthier diets. The United States Department of Health and Human Services cited that three-quarters of American adults report using food labels on packaged foods, and a report from the Food and Drug Administration cited that 48 percent of people report that the nutrition information on food labels has caused them to change the food product they purchased. Nutrition information is required for food served in an eating and drinking establishment only if a nutrient content or health claim is made about the food. It is difficult for consumers to limit caloric intake at eating and drinking establishments because of the limited availability of nutrition information and the practice of serving food in larger-than-standard serving sizes. Studies in the Journal of Marketing and the American Journal of Clinical Nutrition show that people eat greater quantities of food when served more. A study in the Journal for Consumer Affairs indicated that people make healthier choices in eating and drinking establishments when provided with nutrition information at the point of purchase.

“Menu” or “Menu board” means the primary writing of an eating and drinking establishment from which a consumer makes an order selection.

“Standardized menu item” or “menu item” means a food or drink item as usually prepared and offered for sale. “Standardized menu item”does not include a food or drink item that:

Except as provided by (c)(2), this Section applies to an eating or drinking establishment that is part of a chain with at least 20 locations in the United States and that:

This Section does not apply to a:

An eating and drinking establishment must post the number of calories, calculated according to applicable federal law, for any standardized menu item on each menu or menu board adjacent to the name of that item.

An eating and drinking establishment must make the following nutrition information available in writing on request on its premises:

The required nutrition information must be clear and conspicuous and located adjacent to each menu item so as to be clearly associated with the menu item.

Self-Service Food. For self-service food, an eating and drinking establishment must post a sign with the information required in (d)(1) per serving or per item adjacent to each food offered for sale. In this paragraph, “self-service food” includes:

Range of Calorie Content Required for Different Flavors and Varieties. If an eating and drinking establishment offers a standardized menu item in more than one flavor or variety and lists the item as a single menu item, (such as beverages, ice cream, pizza, or doughnuts), the establishment must post the range of nutrition information for each size offered for sale. The range must include the minimum and maximum values for each flavor or variety of that item.

a statement regarding suggested daily caloric intake as determined by the federal Department of Health and Human Services; and

a statement regarding the availability of the written information required in paragraph (d)(2).

Between July 1 and July 31, 2010, the Department must notify all eating and drinking establishments subject to the requirements of Section 15-15A of the applicable laws and regulations.

By September 15, 2010, an eating and drinking establishment must submit to the Department an implementation plan. As part of the implementation plan, an eating and drinking establishment must identify a date by which the establishment will comply with Section 15-15A.

Any eating and drinking establishment subject to Section 15-15A must comply with the requirements of that Section by January 1, 2011.

offers for sale as a unit; and

includes on its children’s menu, or otherwise offers for consumption primarily by children.

600 calories;

700 milligrams of sodium;

35% of calories from total sugars;

35% of calories from fat;

10% of calories from saturated fat; and

0.5 grams of trans fat.

¼ cup or more of unfried fruit or unfried vegetables, excluding juice, condiments, or spreads;

a whole grain product that:

a lean protein consisting of:

water or sparkling water, with no added natural or artificial sweeteners;

8 ounces or less of unflavored nonfat or 1% milk, or a non-dairy equivalent with no added natural or artificial sweeteners; or

8 ounces or less of the following, with no added natural or artificial sweeteners:

is not a healthy children’s meal; or

does not contain the foods or beverages listed under subsections (c) and (d).