In this Chapter, the following words and phrases have the following meanings: (a) Adulterated food: Any food or drink: (1) Which has been produced, prepared, packed, or held under unsanitary conditions whereby it would reasonably be expected to have become contaminated; or (2) Which violates the Maryland Food, Drug and Cosmetic Act. (b) Department: The Department of Health and Human Services. (c) Director: The Director of the Department of Health and Human Services or the Director's designee. (d) Eating and drinking establishment: Any food service facility. (e) Employee: Any person, including an owner or manager, who: (1) Handles food or drink during preparation, storage, or serving; or (2) Comes in contact with eating, drinking, or cooking utensils and dishware; or (3) Is employed in a room in which food or drink is prepared or served. (f) Food service facility: Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes: (1) Any restaurant, coffee shop, retail market, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain; and (2) Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp. (g) Food or drink: Substances for human consumption as defined in State law. (h) Food service manager: (1) The licensee; (2) An employee assigned by the licensee to supervise or manage food-handling employees; or (3) 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. (i) Temporary food service facility: (1) 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 (2) Any other food service facility which travels from place to place. Each temporary food service facility belongs to one of 4 classes: Class I: A food service facility operating from a fixed location or a mobile unit which handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, and which does not prepare, wrap, or package any food or drink on the premises or within the mobile unit. Class II: A food service facility operating from a fixed location, which handles, serves, or sells any food or drink, other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink on the premises. Class III: A food service facility operating from a mobile unit which handles or sells any food or drink other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink within the mobile unit. Class IV: A food service facility operating from a mobile unit which handles or sells sealed, prewrapped, or prepackaged food or drink in the original sealed container or wrapping, and does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea. (j) License: A document authorizing a food service facility or a temporary food service facility to operate in the County. (k) Licensees: A person who is issued a license. (l) Person: An individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise, or other publicly or privately owned entity. (m) Potentially hazardous food: Any food capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. This term includes milk or milk products, eggs, meat, poultry, fish, shellfish, and edible crustacea. This term does not include clean, whole, uncracked, odor-free shell eggs. (n) Utensils: Any kitchenware, tableware, glassware, cutlery, utensils, containers, machines, or other equipment with which food or drink comes in contact during storage, preparation, or serving.

The director may take samples of food, drink, or other substances from food service facilities and examine them as often as is necessary to find wholesomeness or freedom from adulteration. The director may detain pending examination, condemn, or prohibit the use or sale of any food or drink which his examination discloses to be unwholesome or adulterated, and cause the food or drink to be removed or destroyed.

The director must inspect each food service facility twice each year to determine compliance with this chapter. The director must resolve each complaint alleging a violation of this chapter and may conduct any other on-site visit necessary to achieve compliance with this chapter. An inspector must be permitted access to all parts of the food service facility during operating hours and at any other reasonable time must be permitted to inspect all records of food purchased to determine its source. Failure to permit inspection or comply with resulting notices is a violation of this chapter.

(a) The licensee must monitor the food handling and hygiene of employees and enforce safe practices. The licensee must also monitor employees for overt symptoms of gastrointestinal illness and skin wounds or infections, and must take appropriate action to stop an employee with these conditions from handling food or drink or food contact surfaces. (b) When the director has reasonable cause to suspect that disease may be transmitted by any food or drink in a food service facility or by any employee, the director must secure a morbidity history of each suspected employee, inspect the food service facility, obtain food or drink samples for analysis, investigate other relevant facts, and take appropriate action. An order issued under this section takes effect immediately unless the order specifies otherwise. (c) The director may, when appropriate: (1) Exclude an employee from all food service facilities; (2) Restrict an employee to an area of a food service facility with no danger of transmitting disease; (3) Close a food service facility until the director finds no further danger of disease transmission; or (4) Require medical and laboratory examinations of an employee, and of an employee's blood and body discharges.

(a) The director may approve the continued use of existing equipment or fixtures which do not conform to this chapter if: (1) The equipment or fixture is not prohibited under this chapter or any other applicable law; and (2) The equipment or fixture continues to perform in a safe and sanitary manner. (b) The director may approve the use of new fixtures, materials, equipment, and methods that do not conform to this chapter if they are not prohibited under this chapter or any other applicable law. The director may require proof that the new fixtures, materials, equipment, and methods are safe and sanitary and that their design and quality are equal to or better than the requirements of this chapter.

(a) This chapter is enforced by the director under the direction of the County Executive, and by their authorized agents. (b) The County Executive, after holding a public hearing, may adopt regulations under method (2) to implement this chapter. These regulations may establish operating procedures for food service facilities and standards for physical plant and equipment. These regulations must not be less restrictive than regulations in effect under State law. (c) These regulations must establish procedures for suspension or revocation of a license issued under this chapter. Suspension, revocation, and appeal provisions established under State law apply to a license issued under State law.

Any violations of this chapter is a class A violation.

(a) A person must not operate a food service facility or a temporary food service facility without a valid license from the director. A separate license is required for each food service facility or itinerant food service facility. (b) (1) 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. (2) 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. (3) This requirement does not apply to: (A) A food service facility where no unwrapped food is handled; or (B) A seasonal food service facility in which little or no potentially hazardous food is prepared, handled or served. (4) This requirement may be applied to a temporary food service facility at the discretion of the director. (5) The director may postpone or waive this requirement if in unusual circumstances its application to a particular licensee would result in undue hardship. (c) A license is not requested if food or drink is: (1) Prepared or provided from the homes of members of a nonprofit organization listed in subsection (d); (2) Shared among the members of the organization at no charge; and (3) Not served to the public. (d) A license is not required for a food preparation or serving area that is used exclusively by a volunteer fire company or a nonprofit fraternal, civic, war veterans, religious, or charitable organization to serve the public if: (1) No potentially hazardous food is prepared or served; and (2) Food or drink is served less than 5 times a week. (e) Any food preparation or serving area listed in (d) may be inspected by the director and is subject to the operational provisions of this chapter pertaining to cleanliness, water supply and waste disposal, health of personnel and the handling and wholesomeness of food and drink.

(a) The food service manager must: (1) Accompany the inspector during an inspection; (2) Maintain the facility and procedures in compliance with this chapter; and (3) Comply with any inspection notices or orders issued under this chapter. (b) Unless otherwise provided by executive regulation, the Maryland Department of Health or its successor certifies food service managers for purposes of this Chapter. A facility under the immediate control of a manager holding a state certificate complies with Section 15-8(b). The County Executive may modify or supersede the State certification program by executive regulation. The Executive must establish criteria in executive regulation for renewal of a certificate. (c) A licensee must operate a facility in compliance with this chapter. That responsibility is not reduced or transferred by the manager certification requirements of this section or section 15-8(b). (d) The licensee must also establish a program to train food service personnel in sanitary food handling procedures. This program may be carried out by the certified food service manager, but remains the responsibility of the licensee.

Any person desiring to operate a food service facility or temporary food service facility must apply to the director for a license to operate the facility. Each application must be in the form prescribed by the director.

(a) If a food service facility is constructed or materially altered, or if an existing structure is converted for use as a food service facility, the licensee or applicant must submit to the director properly prepared, scaled plans and specifications for: (1) Plumbing, lighting, and the construction and finishing materials for work areas; and (2) The location, size, manufacture, and model number of all equipment. (b) The director must approve all plans and specifications before workbegins. (c) If one or more pieces of equipment are added or are replaced, the licensee or applicant must submit to the director the location, size, manufacturer, and model number of that equipment. (d) The director must approve the equipment before it is installed.

The fees for licenses and plan review under this chapter must be an amount the County Executive, by regulation adopted under method (3), sets. The license fees must not exceed the cost of inspecting and issuing the licenses for the various establishments regulated by this chapter. The plan review fees must not exceed the department's cost for reviewing plans of food service facilities. The plan review and license fees must be submitted with the application. The plan review fee is not refundable unless the application is withdrawn before the plan review process begins. The license fee is not refundable unless the application is withdrawn before the director inspects the premises. The director may waive all or part of the fee for the following establishments: (a) Hospitals, sanitariums, nursing homes and care homes. (b) Private educational institutions. (c) Child care homes. (d) Hotels, tourist homes, boardinghouses and rooming houses.

Each license issued under this chapter must be posted at all times in a conspicuous place on the premises.

Licenses issued under this chapter must not be transferred from place to place or person to person.

Each license issued under this chapter must be renewed annually by a date set by the director. When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked, or denied by the department, the existing license continues in effect for not more than 180 days until the department acts on the renewal.

(a) Legislative Findings. (1) Research reveals the strong link between diet and health and that diet-related diseases begin early in life. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (b) Definitions. In this Section, the following words have the meaning indicated: (1) “Menu” or “Menu board” means the primary writing of an eating and drinking establishment from which a consumer makes an order selection. (2) “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: (A) appears on the menu for less than 60 cumulative days per calendar year; (B) is not listed on a menu or menu board, including an item that is placed on a table or counter for general use without charge; (C) is a test-market menu item that appears on the menu for less than 90 cumulative days per calendar year; or (D) is a daily special. (c) Applicability. (1) 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: (A) does business under the same trade name, regardless of the ownership or individual locations; and (B) offers substantially the same menu items. (2) This Section does not apply to a: (A) grocery store; (B) convenience store; or (C) movie theater. (d) Labeling Required. (1) 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. (2) An eating and drinking establishment must make the following nutrition information available in writing on request on its premises: (a) calories; (b) calories from fat; (c) total fat: (d) saturated fat; (e) cholesterol; (f) sodium; (g) total carbohydrates; (h) complex carbohydrates; (i) sugars; (j) fiber; and (k) protein. (3) 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. (4) 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: (A) items in a salad bar, buffet line, cafeteria line, or a similar self-service facility; (B) self-service beverages; and (C) food that is on display and visible to customers. (5) 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. (e) Required statements. An eating and drinking establishment must include the following statements on each menu and menu board: (1) a statement regarding suggested daily caloric intake as determined by the federal Department of Health and Human Services; and (2) a statement regarding the availability of the written information required in paragraph (d)(2). (f) Enforcement. When an eating and drinking establishment is inspected under Section 15-3, the Director must verify that required nutrition information is posted. The Director is not required to verify the accuracy of the information provided, but may request the establishment to document its accuracy. If the Director requests the establishment to document the accuracy of the nutrition information posted, the establishment must provide verification of the accuracy of the posted information in 30 days. (a) Effective Date. Section 15-15A, inserted by Section 1 of this Act, takes effect on July 1, 2010. (b) Implementation. Section 15-15A must be implemented according to the following schedule: (1) 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. (2) 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. (3) Any eating and drinking establishment subject to Section 15-15A must comply with the requirements of that Section by January 1, 2011.

(a) An eating and drinking establishment that is required to be under the immediate control of a certified food service manager under Section 15-8 must have on the premises at all times when food is being prepared or served, an employee who has completed a food allergen awareness training course and passed a test approved by the Department. (b) The Department must make available a list of approved online and in-person food allergen awareness training courses.

(a) Definitions. In this Section, the following terms have the meanings indicated. Children’s meal means a combination of food items, or a combination of food items and a beverage, that a food service facility: (1) offers for sale as a unit; and (2) includes on its children’s menu, or otherwise offers for consumption primarily by children. Children’s meal does not include a combination of food items, or a combination of food items and a beverage, prepackaged and offered for sale by an entity other than a food service facility. Default beverage means a beverage that a food service facility provides automatically with a children’s meal, unless the customer requests a different beverage. Healthy children’s meal means a children’s meal that contains no more than: (1) 600 calories; (2) 700 milligrams of sodium; (3) 35% of calories from total sugars; (4) 35% of calories from fat; (5) 10% of calories from saturated fat; and (6) 0.5 grams of trans fat. Lean protein means a serving of protein that contains 10% or less in saturated fat. (b) Children’s meals – healthy option required. A food service facility that offers for sale a children’s meal must offer for sale at least one healthy children’s meal. (c) Healthy children’s meals – options. The healthy children’s meal required under subsection (b) must include two or more of the following options: (1) ¼ cup or more of unfried fruit or unfried vegetables, excluding juice, condiments, or spreads; (2) a whole grain product that: (A) contains, by weight, 51% or more of whole grain ingredients; or (B) lists whole grain as the first ingredient in its ingredient list required by the U.S. Food and Drug Administration; or (3) a lean protein consisting of: (A) one ounce or more of meat, seafood, nuts, seeds, beans, or peas; (B) one egg; (C) ½ cup of nonfat or 1% milk or low-fat yogurt, or 1 ounce of reduced fat cheese; or (D) a plant-based, nondairy alternative that: (i) contains the same amount of protein as, or more protein than, an item under this paragraph; and (ii) is fortified with calcium and Vitamin D. (d) Children’s beverages – healthy default beverage required. A food service facility that offers for sale a children’s meal with a beverage must include as the default beverage one or more of the following options: (1) water or sparkling water, with no added natural or artificial sweeteners; (2) 8 ounces or less of unflavored nonfat or 1% milk, or a non-dairy equivalent with no added natural or artificial sweeteners; or (3) 8 ounces or less of the following, with no added natural or artificial sweeteners: (A) 100% fruit or vegetable juice; (B) a combination of 100% fruit and vegetable juice; or (C) a combination of 100% fruit or vegetable juice with water or sparkling water. (e) Preservation of consumer choice. This Section must not be construed to prohibit a customer from purchasing, or a food service facility from selling, a children’s meal that: (1) is not a healthy children’s meal; or (2) does not contain the foods or beverages listed under subsections (c) and (d). (f) Educational outreach. The Director must create and disseminate written informational resources and signage that summarizes, in multiple languages including Spanish, the requirements of this Section.

(a) A license issued under this chapter may be temporarily suspended or permanently revoked by the director for violation of this chapter, State regulations governing food service facilities, orother federal, state, or local laws. Notice of each violation must be in writing and delivered or mailed to the licensee, manager, or person in charge of the facility. The violation must be corrected within the time specified in the notice, or the director may suspend or revoke the license. (b) When it is imperative to preserve the immediate health and safety of the community, the director may summarily revoke or suspend a license without the notice prescribed in subsection (a), and may direct that the facility be closed to the public until the hazard is corrected.

Any person whose license has been suspended or revoked under section 15-16 may, at any time thereafter, apply to the director in writing for reinstatement of the license. Upon receipt of an application, the Director must inspect the facility and, if the facility complies with this chapter, must reinstate the license.

Any person aggrieved by suspension or revocation of a license under this chapter may, within 10 days, appeal to the County Board of Appeals under sections 2-108 to 2-116. An appeal does not stay the suspension or revocation of the license, unless the Board of Appeals grants a stay upon application of the person filing the appeal.