# COMCOR — Chapter 15. Eating and Drinking Establishments - Regulations ### COMCOR 15.00.01 Food Service Facilities #### 15.00.01.01 Definitions The Section of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities governing definitions is incorporated for the definitions of this regulation unless superseded or amended by the following definitions. Approving Authority - The Director or the Director's duly authorized representative. Bona Fide Nonprofit Organization - An organization having official documentation from the United States Internal Revenue Service or the Attorney General for the State of Maryland that the organization has current tax-exempt nonprofit status. County - Montgomery County. Critical Public Health Standard - Any requirement of these regulations which directly affects food service sanitation or personal hygiene. These requirements are in the areas of improper food-handling, storage, cooking, reheating, hot-holding, cooling, refrigeration, employee handwashing habits, food-handlers' health, or related equipment violations. Department - The Montgomery County Department of Health and Human Services. Detention Order - A written notification by the Director, to the person in charge of a food service facility, to hold or retain in a secured location, specific foods pending determination by the approving authority, that the food is not likely to cause a food-borne illness, or is not spoiled or adulterated. Director - The Director of the Montgomery County Department of Health and Human Services or the Director’s duly authorized representative. Distressed Food or Drink - Food or drink which has lost its label; which has been subjected to possible adulteration due to an accident, fire, flood, chemical contamination, adverse weather, or any other similar cause; or may have become unsafe or unsuitable for human consumption or use. Eating and Drinking Establishment - A food service facility. Excluded Organization - An excluded organization is a volunteer fire company or bona fide nonprofit fraternal, civic, war veterans, religious, charitable organization or corporation that prepares or serves only non-potentially hazardous food to the public, and prepares or serves this food or drink less than 4 days a week. Food-handler - A food service employee who performs activities that may result in the touching of food or drink during preparation, display, or service, for example, cooks, chefs, salad/sandwich makers, short-order cooks, bartenders, waitresses, or waiters. Food Service Facility - Any enterprise that prepares, serves, or sells food or drink for human consumption, on or off the premises, with or without charge. A food service facility includes the following types of facilities: 1. a restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, retail market, or retail bakery outlet; or 2. a food operation in an industry, institution, hospital, club, school, camp, church, catering kitchen, commissary, or a similar place in which food or drink is prepared for sale or for service on or off the premises. A food service facility does not include: 1. a kitchen in a private home where food is prepared at no charge for residents or guests in the home, for guests at a private social gathering or for members of a nonprofit organization, but not served to the public; or 2. a facility that is owned or operated by and inspected by the Federal government. Food Service Manager - An individual who is: 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, preparation, serving, storage, and display practices as well as good personal hygiene. Imminent Public Health Hazard - A condition within or adjacent to a food service facility which: 1. has or will likely cause the contamination of food; 2. has or will likely cause exposure of food to improper temperatures; 3. has or will likely prevent employees from properly washing their hands or using the toilet facilities; 4. has resulted in a heavy infestation by insects, rodents, or any animals capable of spreading a food-borne illness or otherwise posing a direct threat to the public health or welfare; or 5. has or will likely cause a direct threat to the public health or welfare. Itinerant Food Service Facility - A temporary or special food service facility that: 1. operates at a fixed location for a temporary period of time such as at a fair, carnival, public exhibition, construction project, recreational facility, or similar gathering; or 2. a mobile unit that travels from place to place. Each itinerant food service facility belongs to 1 of 4 classes. 1. Class I means a food service facility that operates from a fixed location or a mobile unit, handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, but does not prepare, wrap, or package any food or drink on the premises or within the mobile unit. 2. Class II means a food service facility that operates from a fixed location, handles, serves, or sells food or drink other than in sealed containers or wrappings, or prepares, packages, or wraps any food or drink on the premises. 3. Class III means a food service facility that operates from a mobile unit, handles, serves, or sells food or drink other than in sealed containers or wrappings, or prepares, packages, or wraps any food or drink within the mobile unit. 4. Class IV means a food service facility that operates from a mobile unit, handles or sells only sealed, prewrapped, or prepackaged food or drink that is in the original sealed container or wrapping, but does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea. License - The authority to operate a food service facility or an itinerant food service facility in the County. Licensee - A person who is issued a license. Non-potentially Hazardous Food - Food that is fit for human consumption, and meets one or more of the following criteria: 1. is a hard-boiled, uncracked shell egg which has been air-cooled; 2. has a water activity (aw) value of 0.85 or less; 3. has a hydrogen ion concentration (pH) level of 4.6 or below; 4. is in an unopened hermetically sealed container which has been commercially processed to achieve and maintain sterility under conditions of nonrefrigerated storage and distribution; or 5. is a food for which laboratory evidence demonstrates that rapid and progressive growth of infectious and toxigenic microorganisms, the growth of Clostridium botulinum, or the production of pathogenic microbial toxins will not occur. Operating From a Fixed Location for a Temporary Period - The operation of a temporary food service facility at a fixed location for less than 90 days. This 90-day time period may be subject to variance at the discretion of the Director. The operation of a mobile food service facility or the relocating of a mobile food service facility to different sites does not mean operating for a temporary period of time. Person - Any individual, partnership, corporation, joint stock association, city, state, or government subdivision; and includes any trustee, receiver, assignee, or personal representative. Person in Charge - Food service manager. Potentially Hazardous Food - A natural or synthetic food or food ingredient which is: 1. capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth of Clostridium botulinum, or the production of pathogenic microbial toxins; and 2. of animal origin and is raw or has been heat-treated, of plant origin and has been heat-treated, or raw seed sprouts. Special Food Service Facility - An itinerant food service facility. Temporary Food Service Facility - An itinerant food service facility. Temporary Period of Time - A period of time that is less than 90 days. #### 15.00.01.02 Minimum Construction and Operating Standards for Food Service Facilities The Sections of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities and the Maryland Department of Health’s standards for “Public Health Management of Food Service Employees” governing: food supplies, food protection, personnel, food equipment and utensils, sanitary facilities and control, other facilities and operations, special food service facilities, egg records, choking posters, plan review, priority assessment, hazard analysis, food-borne disease investigation and control, the sampling, detention, and condemnation of food, and Table I are incorporated as the construction and operating standards of this regulation unless superseded or amended by the following specific standards. A. Food Supplies 1. General All fruits, vegetables, or other foods that have become spoiled or adulterated, all refrozen food, and all previously frozen perishable foods that have been thawed and kept above 45°F. must be properly salvaged or destroyed. 2. Distressed Food or Drink a. All distressed food or drink must be properly salvaged at a plant under Federal, state, or local inspection or destroyed. b. All metal cans of food offered for sale or distribution must be free from penetrating rust, pitting, and dents, especially those located on the rim, end double seams, and side seams. Any cans showing surface rust must have their labels removed, be inspected, and destroyed if they contain pinholes. If salvageable, they must be cleaned and sanitized by a method approved by the Department before being relabeled with the correct product information. Leakers, springers, flippers, and swells must be deemed unfit for sale, distribution, or consumption of the contents of such cans. c. Containers, including metal and glass containers with press caps, screw caps, pull rings, or similar types of openings which have been in contact with water, liquid foam, or other adulterating substances as a result of fire fighting efforts, chemical spills, flooding, sewage backups, or other reasons, must be deemed unfit for sale, distribution, or consumption of the contents (i.e., nonsalvageable). When feasible, consideration may be given for the reconditioning of spirits by distillation. d. All metal containers of food, other than those mentioned in IIA3.c., that have been partially or totally submerged in water, liquid foam, or other adulterating substances as a result of fire fighting efforts, chemical spills, flooding, sewage backups, or other reasons, but whose integrity has not been compromised, nor would be compromised by reconditioning, must, after thorough cleaning, be subjected to a sanitizing rinse of 100 ppm free chlorine residual for a minimum time of 1 minute, or must be sanitized by another method approved by the Department. These containers must subsequently be treated to inhibit rust formation. e. When original labels are missing or illegible, food containers must be correctly relabeled or overlabeled. If a container of food is missing its label or mandatory information and cannot be identified to correctly relabel, it cannot be sold. f. All food containers that have been salvaged must be labeled to indicate that they have been salvaged. All salvaged food containers must be provided with labels meeting the requirements of the Maryland Food, Drug and Cosmetic Act or COMAR 10.15.03. B. Food Protection 1. Food or drink must not be stored, prepared, or displayed beneath overhead sewer or drain pipes unless such pipes are protected to prevent contamination of food, drink, or utensils by leakage or condensation. Newly constructed or remodeled facilities must be designed so that soil or drain pipes are not located over a good preparation, storage, display, or serving area. 2. All salad ingredients including unopened containers of commercially prepared food must be prechilled to 45°F. prior to opening. 3. The internal temperature of all potentially hazardous food must be kept at or below 45°F. or at or above 140°F. during storage, display, and transit. 4. All potentially hazardous food that is cooked and then refrigerated must be rapidly cooled to 45°F. To achieve this goal, one or more of the following procedures must be used: a. store this food under refrigeration, preferably in a walk-in unit, in uncovered, shallow pans with a maximum food depth of 3 inches; b. reduce the size of any solid pieces of food by slicing, cutting into smaller portions, or deboning before storing this food under refrigeration, preferably in a walk-in unit; c. put the container of food in an ice bath and stir it frequently; d. run potable water that is less then 70°F. over the product; e. add ice from an approved source to the product; or f. any other procedure that has been approved by the Director. 5. The time and temperature must be monitored during the cooling process for potentially hazardous food. If the cooling procedures listed in IIB.4. above are used, and they do not rapidly lower the temperature of the food to 45°F., the licensee must take whatever action(s) have been deemed appropriate by the Director to protect the health of the customers. C. Personnel Every person connected with a food service facility whose work brings them in contact with the production, handling, displaying, serving, or storing of food, drink, or utensils, must furnish all information, permit any physical examination and submit any laboratory specimens or test results that the Director may require for the purpose of determining their freedom from a communicable disease. The following are specific requirements: 1. a person who is a carrier of a food-borne disease, has knowingly been exposed to a food- borne disease, or who shows outward symptoms of an infection that could be spread by the contamination of food must not handle food, drink, or food preparation equipment or utensils unless approved for these duties by the Director; and 2. when required by the Director, results of an employee's tuberculosis test must be kept at the food service facility, and be available for inspection. D. Food Equipment and Utensils 1. All multi-use food-contact utensils must be thoroughly cleaned and sanitized after each use and following any interruption of operations during which contamination of the food-contact surface is likely to have occurred. 2. An approved dishwasher or a three-compartment sink of sufficient size to accommodate the largest utensil must be used to wash, rinse, and sanitize all multi-use, food-contact utensils. When a three-compartment sink is utilized, the first compartment is to be used to wash with hot soapy water, the second compartment to rinse with clean hot water, and the third compartment to subject the utensils to a sanitizing process. Two-compartment sinks and detergent sanitizers must not be used for manual utensil washing. When a hot water sanitizing dishwasher is used, the surface of the utensils being sanitized must reach 160°F. 3. An ammonium chloride solution 2 times the recommended minimum strength must not be used for sanitizing equipment that does not fit in a dishwasher or sink compartment. 4. Clean linen must not be stored in a toilet room. 5. Aisles or working spaces in food preparation and storage areas must be at least 36 inches wide. E. Sanitary Facilities and Control 1. Signs containing information on proper handwashing and control of food-borne diseases must be placed in each toilet room and at each handsink used by employees. 2. Restrooms must be provided on the premises for employees. Restrooms for food service facilities that are located in office buildings or food courts in a shopping mall must be located within a reasonable distance and accessible to employees and customers during all hours of operation. 3. If on-site consumption of food is permitted, at least one restroom must be available for customer use. Customers must not gain access to a restroom by entering the food preparation or storage areas. 4. Condensate from refrigeration equipment must drain to the outside of the unit and be disposed of in an open-site drain or flash evaporator pan. 5. Sinks designated for handwashing must be conveniently located, and no more than 25 feet from any food-handling work area. 6. A drain line from a wash compartment of a three-compartment sink may be directly connected to a grease interceptor. 7. All refuse receptacles must be washable and thoroughly cleaned when emptied. If properly lined, these receptacles must be cleaned as often as necessary. Refuse receptacles may be treated to prevent an insect or odor nuisance. F. Other Facilities and Operations 1. Floors subject to extreme heat must be resistant to peeling, cracking, and pitting. 2. Floors in nonrefrigerated, dry-storage areas must be nonabsorbent. 3. A covered juncture must be provided at all floor-wall intersections and at the base of equipment that is permanently floor mounted. 4. Acoustical ceiling material in food preparation and storage areas must be a light color and kept clean or replaced as necessary. 5. Exposed ceiling rafters and pipes in storage areas must be kept clean and must not become harborage areas for insects or rodents. 6. Walls in rooms where food or drink is stored or prepared must be finished in a light color, gloss or semi-gloss paint or other surface which is durable, washable and grease resistant. 7. Shatter-proof light bulbs or tubes may be used in place of light shields. 8. Ventilation - The minimum exhaust velocity at the edge of the cooking surface must be 50 feet per minute, and the air must be exhausted from within the hood. The criteria contained in the Montgomery County booklet "Planning to Sell Food?" is the guideline for ventilation systems installed in Montgomery County. #### 15.00.01.03Licenses and Manager Certification A. License 1. Initial Food Service Facility License Application forms will be provided by the Department and must be submitted with 2 copies of the following: menu, food preparation flow diagrams, construction or renovation plans, and equipment specifications. This information must be submitted prior to the start of any construction or alterations, and should be submitted at least 30 days prior to the intended date of initiating construction or renovations or the transfer of ownership of a food service facility. Approval of this information by the Department must be issued before the start of construction or renovation. Construction plans are not required for an itinerant food service facility unless specified by the Department. 2. Renewal A renewal application for a food service facility license will be provided by the Department and must be submitted with the appropriate fee 60 days prior to the expiration of the existing license. B. Manager Certification 1. Initial Food Service Manager Certification Card a. Application forms for food service manager certification will be provided by the Department and must be presented in person by the applicant along with a recent photograph which when trimmed to a size of 2" by 2" clearly shows the applicant's face and one of the following: (1) a certificate from the Maryland Department of Health (MDH) indicating successful completion of a food service manager sanitation course; (2) a transcript or official grade notification from Montgomery College or other institution offering a food service sanitation course approved by MDH or other approving authority; or (3) other official, written documentation of passing a course approved by MDH or other approving authority. b. A wallet-sized photo identification card will be issued by the Department to each applicant upon presentation of acceptable documentation. c. To be recognized as a certified food service manager, an individual must have a valid certification card in their possession. d. County certification will remain valid for 3 years from completion of coursework, unless specified otherwise by the Department. e. The Department must draft a list of jurisdictions that the County has established reciprocity with in regards to food service manager certification. f. Individuals who do not hold current certification from a jurisdiction on the reciprocity list or do not have training credentials from a previously approved source must submit information to MDH or other approving authority concerning the individual or institution offering the course, a course outline, the number of classroom hours, credentials of the instructor, dates of attendance, official proof of successful completion, and any other information required by MDH or other approving authority. 2. Renewal a. Application forms for renewal of a food service manager certification card will be provided by the Department. Once the expiration date on a card has passed, the holder of the card will not be recognized as a certified food service manager. This individual may take the appropriate steps to renew their card with the Department within one year of this expiration date. After one year of the date of expiration, the card may not be renewed. b. The applicant must submit in person the appropriate form, their existing food service manager's certification card, and one of the following: (1) official, written documentation of successfully completing an approved recertification program; (2) proof of having, over the previous three-year period, personally provided to food handlers, a minimum of 24 hours of Department preapproved food service sanitation training; or (3) proof of having developed, in conjunction with a Department representative, food preparation flow diagrams for all menu items, and over the previous three-year period, conducted 18 bimonthly critical control point self-inspections. #### 15.00.01.04 Inspections The Sections of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities, governing food service facility inspection parameters, frequency of evaluation and inspection, and time period for correction of violations are incorporated as the inspection standards unless superseded or amended by the following standards. The Director must inspect each food service facility in accordance with the requirements of Section 15-3 of Chapter 15, Montgomery County Code -Eating and Drinking Establishments. Inspections will be noted on a form approved by the Director. At a minimum, the form must identify the facility, the date of inspection, the ordinance title, the violations observed, any time frames for compliance, and provide for the signatures and title of the Director's representative and the person receiving a copy of the form. #### 15.00.01.05Suspension and Revocation The Section of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities, governing enforcement procedures are incorporated as the enforcement standards unless superseded or amended by the following standards. A. General The Montgomery County food service facility license may be temporarily suspended or permanently revoked by the Director for violation of Chapter 15, Montgomery County Code or these regulations. B. Suspension and Revocation Procedure The following are the procedures for the suspension or revocation and the summarial suspension of a food service facility license and an itinerant food service facility license for violation of public health standards. 1. Failure to Correct Violations of Public Health Standards Under these circumstances, the license may be suspended or revoked as provided in Section 15-16(a) of the Code. a. The notice of each violation order is in writing, includes time frames for compliance, and is hand delivered or mailed to the licensee, food service manager, or person in charge of the facility. b. The violations are not corrected within the time frames specified. c. At least one reinspection reveals these violations to be uncorrected. d. A second notice with time frames for compliance is issued to the licensee, food service manager, or person in charge specifying the repeated violations, the suspension and revocation authority in Section 15-16(a) of the Code, and the appeal rights of the licensee. e. The Director provides a reasonable and specific time and date for the licensee to attend a conference to review all notices and discuss failure to comply with the specified corrections. f. A second reinspection reveals that one or more previously noted violations has not been corrected. 2. Summary Suspension Under the following circumstances, a food service facility license and an itinerant food service facility license may be summarily suspended as provided in Section 15-16(b) of the Code. a. Non-compliance with any of the critical control point criteria. (1) The notice of each violation order is in writing, includes the time frames for compliance, and is hand delivered or mailed to the licensee, food service manager, or person in charge of the facility. (2) The written notice includes a statement which affords the licensee an opportunity to request a review of the inspection findings with the Director prior to the date of correction. (3) A reinspection reveals one or more violations of the sustained or revised orders to correct critical control points have not been corrected. b. Existence of an imminent public health hazard. When, in the judgment of the Director, a condition exists which represents an imminent public health hazard that can only be corrected or avoided by action which necessitates closing the facility, a written notice is to be issued to the licensee, food service manager, or person in charge directing that the facility be closed. 3. Notice of Appeals of Suspension or Revocation Orders The licensee, food service manager or person in charge must be notified that a suspension order may be appealed in writing to the County Board of Appeals within ten days of the action. Filing an appeal does not stay the action unless the Board of Appeals grants a stay upon application to the person filing the appeal. #### 15.00.01.06 Severability If a court holds that a portion of this regulation is invalid, the other portions remain in effect. #### 15.00.01.07 Effective Date This regulation takes effect 30 days after approval by the County Council. ### COMCOR 15.12.01 Fee Schedule for Food Service Facilities #### 15.12.01.01 Fees Type A facility license: Low Priority Food Service Facility. The Low Priority facilities sell mostly pre-packaged, non-potentially hazardous foods and are inspected once annually. $200.00 Type B facility license: Moderate Priority Food Service Facility. The Moderate Priority facilities prepare and sell open food products which pass through the temperature danger zone not more than one time before service. These facilities are mandated by Maryland State Law to be inspected twice annually. $375.00 Type C facility license: High Priority Food Service Facility. The High Priority facilities serve potentially hazardous food that is prepared a day or more in advance, or food preparation that requires the food to pass through the temperature danger zone two or more times before service. These facilities are mandated by Maryland State Law to be inspected three times annually. $525.00 Type D facility license: Non-profit charitable organization $100.00 Non-profit organization operating for 14 consecutive days or less selling potentially hazardous food $ 30.00 Non-profit organization operating for 14 consecutive days or less selling non-hazardous food $ 15.00 Type E facility license: Facilities other than non-profit charitable organizations also licensed as Hospitals, Care Homes, Private Schools. $130.00 Type F facility license: Mobile facilities or event series, seasonal or pool snack bar, operating for more than 14 days, but less than 90 total days a year, with the operating days to be printed on the license $175.00 Itinerants operating for profit for 14 consecutive days or less: Prepackaged non-hazardous products $ 40.00 Open or hazardous products $ 70.00 Additional license at same event for non-hazardous products $ 35.00 Montgomery County resident farmer Class I Itinerant with prepackaged, non-hazardous products $ 25.00* Montgomery County resident farmer roadside stand with prepackaged, non-hazardous products $ 25.00* Combined Montgomery County resident farmer Class I Itinerant and roadside stand with prepackaged, non-hazardous products $ 45.00* Montgomery County resident farmer as a Class I through IV with potentially hazardous products $ 50.00* Compliance reinspection for new and remodeled eating and drinking establishments during normal work hours $100.00 after normal work hours $150.00 Plan Review Type A facility: Low Priority $240.00 Type B facility: Moderate Priority $330.00 Type C facility: High Priority $600.00 Equipment Replacement $160.00 Mobile Itinerant $ 55.00 Duplicate license or certification $ 10.00 Food Service Manager Certification $ 50.00 Reinspection for reinstatement of a suspended license During normal work hours $100.00 After normal work hours $150.00 Additional charge for filing an annual renewal application after the license expires $100.00 Additional charge for filing an itinerant application for a special event less than 2 working days prior to the event. $ 30.00 *To qualify for the resident farmer fee, the applicant must be certified as an approved Montgomery County farming operation by the Montgomery County Office of Economic Development. #### 15.12.01.02 Effective Date This regulation takes effect on July 1, 2011. ### COMCOR 15.15A.01 Eating and Drinking Establishments - Nutrition Labeling #### 15.15A.01.01 Definitions Calorie - The energy content of food. The Calories may be expressed to the nearest 5 Calorie increment up to and including 50 Calories and the nearest 10 Calorie increment above 50 Calories. Calories From Fat - The Caloric content derived from the total fat. The Calories from fat may be expressed to the nearest 5 Calorie increment up to and including 50 Calories and the nearest 10 Calorie increment above 50 Calories. Chain Eating and Drinking Establishment - An eating and drinking establishment that has at least 20 locations in the United States, is not a grocery store, convenience store, or movie theater, and that: a. does business under the same trade name, regardless of the ownership of individual locations; and, b. offers substantially the same menu items. Cholesterol - a sterol or class of solid cyclic alcohol naturally found in animal tissue as expressed in milligrams to the nearest 5 milligram increment. Clearly and Conspicuously - Of a font type and size such that an average consumer may read the information when standing at the ordering counter or from a menu or food tag. The information must be easily located on the menu, menu board, self-service unit, or display case. Combination Meal - A standardized menu item that is comprised of two or more food items or provides a consumer the option of selecting two or more food items from a menu or menu board. Condiment - A sauce, sweetener, or seasoning that is not listed on a menu or menu board and is placed on a table or counter for general use or provided to the customer upon request without charge. Condiments include, but are not limited to, individual sugar packets, ketchup, mustard, hot sauce, salt, and pepper. Convenience Store - A retail business that primarily provides the consumer a convenient location to quickly purchase an item or items from a wide array of products that is not an eating and drinking establishment. Director - The Director of the Department of Health and Human Services or designated agents or designee. Eating and Drinking Establishments – Any enterprise that prepares, serves, or sells food or drink for human consumption, on or off the premises, with or without charge. A food service facility includes any restaurant, coffee shop, retail market, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, and any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp. Fiber - A non-digestible carbohydrate as expressed in grams. Food Tag - A label or sign that identifies any food item displayed for sale such as in a display case, salad bar, or buffet. Garnish - A food item that is not a condiment and that is placed on a plate or in a carryout container to adorn the menu item, improve the presentation, or to add flavoring to a menu item (such as a lemon). Grocery Store - A store primarily engaged in the retail sale of bakery products, canned foods, dry goods, fresh fruits and vegetables, fresh and prepared meats, seafood, and poultry, and nonfood grocery products. Menu Item - Standardized menu item. Menu or Menu Board - The primary writing of an eating and drinking establishment from which a consumer makes an order selection. A menu includes a take-out menu, table tent, wine or beverage lists or a placemat. Advertisements (such as coupons or window posters) are not included in the definition. Point of Ordering - That point at which a consumer orders food or drink from a menu or menu board, or selects a food or drink from a self-service unit or display case. Protein - Complex organic compounds comprised of a chain of amino acids as expressed in grams. Saturated Fat - The sum of all fatty acids containing no double bonds as expressed in grams. Self-Service - Where a consumer has the ability to directly obtain a menu item that is prepackaged or from a salad bar, cafeteria line, buffet, or beverage station without ordering from a menu or a menu board. Serving or Serving Size - The amount of food customarily consumed per eating occasion by persons 4 years of age or older which is expressed in a common household measure that is appropriate to the food. The serving size must be calculated according to applicable federal law. Single Menu Item - A food or drink as it is listed on a menu or menu board separate from any other menu item. Sodium - The amount of sodium chloride as expressed in milligrams to the nearest 5 milligram increment when the menu item contains 5 to 140 milligrams of sodium and to the nearest 10 milligram increment when the menu item contains greater than 140 milligrams. Standardized Menu Item - A food or drink item as usually prepared and offered for sale. A 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. Sugars - a simple carbohydrate that is the sum of all free mono- and disaccharides as expressed in grams. Total Carbohydrates - Compounds of carbon, hydrogen, and oxygen as sugars, starches, and fiber. Total carbohydrate content shall be calculated by subtraction of the sum of protein, total fat, moisture, and ash from the total weight of the food and expressed in grams. Total Fat - The amount of total lipid fatty acids as expressed in grams of triglycerides. #### 15.15A.01.02 Applicability and Exceptions A. Applicability Under Chapter 15, Section 15-15A of the Montgomery County Code, 2014, as amended, chain eating and drinking establishments with at least 20 locations in the United States must post the Calories of each standardized menu item on the menu or menu board adjacent to the name of that item and provide additional written nutrition information to a consumer upon request. B. Exceptions This regulation does not apply to: 1. grocery stores; 2. convenience stores; 3. movie theaters; 4. condiments; 5. garnishes; or 6. self-serve pre-packaged items whose label already contains complete nutritional labeling. #### 15.15A.01.03 Menu Labeling - General A. Calorie Labeling. An eating and drinking establishment must post the number of Calories (as “Calories” or other approved descriptive designation), calculated according to applicable federal law: 1. Menu and menu board. On all menus and menu boards adjacent to each menu item. 2. Self service and display cases: Per serving or per item on a food tag adjacent to each food or drink offered for sale. 3. Combination meals or menu items of differing flavors or variety: As a range of the minimum and maximum values of Calories for a menu item if listed as a single menu item and if: a. offered as a combination meal; b. offered in more than one flavor or variety. B. Required Statements: An eating and drinking establishment must post the following statements on each menu or menu board at the point of ordering and in accordance with Section IV(C) of these regulations: 1. A statement regarding the suggested daily Caloric intake as determined by the United States Department of Health and Human Services; and 2. A statement regarding the availability in writing and upon request of additional nutrition information as required in Section III(C). C. Additional Nutrition Information: 1. An eating and drinking establishment must make the following nutrition information for each menu item available in writing upon request: a. Calories; b. Calories from fat; c. total fat; d. saturated fat; e. cholesterol; f. sodium; g. total carbohydrates; h. sugars; i. fiber; and j. protein. 2. The additional nutrition information may be calculated according to the Code of Federal Regulations Titles 9 and 21 and any other applicable federal law, expressed in the increments indicated in section I and listed with an approved descriptive designation. Nutritional information may also be calculated using nutrient databases, laboratory analysis or other reliable verifiable means of analysis. 3. The additional nutrition information must be provided per serving or per menu item when obtained from a self-service unit or a display case. 4. The additional nutrition information must be provided as a range of the minimum and maximum values for each menu item if: a. listed as a single menu item and if offered as a combination meal; b. if substitution of one or more ingredients is permitted as so indicated on the menu; or, c. if offered in more than one flavor or variety. 5. Nutritional value increments may be rounded consistent with U.S. Food and Drug Administration Center for Food Safety and Applied Nutrition/Office of Nutrition, Labeling, and Dietary Supplements April 2008, Appendix H: Rounding the Values According to FDA Rounding Rules. #### 15.15A.01.04 Posting of Information A. The number or range of Calories must be clearly and conspicuously posted adjacent to each menu item so as to be clearly associated with that menu item. For menu items that are offered in a variety of sizes, the number or range of Calories must be posted for each size offered. For beverages, the number or range of Calories must be posted for a full serving without the addition of ice. B. The statements required in Section III(B) must be clearly and conspicuously posted on a menu and on a menu board. In the event multiple menu boards are installed in succession the required statements must be posted on at least one of the menu boards. In the event a menu item is obtained from a self-service unit or a display case and the item is not listed on a menu or menu board, the required statements must be posted at the self-service unit or display case. C. The additional nutrition information must be provided in a form that is clear and conspicuous, clearly associated with the food item, and easily accessible in writing to the consumer. D. Alcoholic Beverage 1. Food and Drink Establishments must provide nutritional labeling of alcoholic beverages listed on a menu or menu board. A separate wine or beverage list is considered a menu or menu board. An approved method for nutrition labeling of alcoholic beverages is to collectively label alcoholic beverages in a clear and prominent position using the average nutritional values for beers, wines and spirits. Nutritional labeling of alcoholic beverages collectively shall otherwise be in accordance with the provisions of these regulations. Food and Drink Establishments that collectively label alcoholic beverages shall use the following average nutritional values: a. wine - 5 ounces: 122 calories, 4 grams carbohydrate, 7 milligrams sodium; b. regular beer - 12 ounces: 153 calories, 13 grams carbohydrate, 14 milligrams sodium; c. light beer - 12 ounces: 103 calories, 6 grams carbohydrate, 14 milligrams sodium; and d. distilled spirits (80 proof gin, rum, vodka, or whiskey) - 1.5 ounces: 96 calories. #### 15.15A.01.05 Enforcement A. When an eating and drinking establishment is inspected by the Director for compliance with Chapter 15 of the Montgomery County Code, 2014, as amended, the Director must verify that the information required in Sections III and IV of this regulation is available and properly posted. The owner, food service manager, or person in charge of an eating and drinking establishment must be given written notice of any violation, including time frames for compliance. B. The Director may request an establishment verify the accuracy of the information provided. The verification must be provided to the Director within 30 days of the date requested. C. The Director must investigate each complaint alleging a violation of this regulation and take appropriate action, including issuing a civil citation, when compliance cannot be otherwise obtained. D. Any violation of this regulation is a Class A civil violation. Each day a violation exists shall be considered a separate offense. The Director may suspend a license issued under Chapter 15 for up to three days if the Director finds that an owner has failed to correct all violations within the time frames established or knowingly and repeatedly violated this regulation.