The following additions, insertions and changes are hereby made to the Maryland State Department of Health and Mental Hygiene Regulations Governing Food Service Facilities adopted by reference herein as the County regulations governing food service facilities.

In addition to the definition of terms contained in the State regulations adopted by reference in this Division, the following definitions and terminology shall apply and are applicable to such provisions adopted by reference: Approving authority shall mean the Prince George's County Health Officer. Bulk lot frozen food shall mean frozen food intended to be thawed and repackaged for retail sale. Catering Service shall mean the preparation or provision and the serving of food and drink at the provider's premises or elsewhere where a prearranged amount of food is provided with or without charge for a group's event or function; an individual is not charged for a single portion of food. The provider's premises must be a licensed commercial facility. Certified food service manager shall mean a person in a supervisory capacity who has obtained training in food sanitation or has otherwise demonstrated knowledge of good food handling practices, and has obtained the certification document issued by the Department. Chronic Offender shall mean any person who operates a food service facility or who manages a shopping center containing two (2) or more food service facilities, and who demonstrates a pattern of violating regulations, being evidenced by: On two (2) or more occasions within a twelve (12) month period, suspension of the food service facility permit pursuant to Section 12-111 of this Subdivision; and/or Notices of proven violations of regulations under this Division which do not result in a permit suspension, all rights of appeal having been exhausted; or On two (2) or more occasions within a twelve (12) month period, the Health Officer requires a compliance hearing. Department shall mean the Prince George's County Health Department. Depot shall mean a food service facility permitted by the Department or other regulatory agency sanctioned by the approving authority which provides one or more of the following services to mobile special food service facilities on a routine basis: food, food preparation or storage, utensil wash facilities, potable water, or waste disposal facilities. Depot includes a food service facility that: Will be annually inspected by the Department; Will only allow licensed mobile vendors to operate at their Depot; and Will provide an annual record of all mobile vendors using their Depot. Food and drink shall mean all food and drink used for human consumption as defined in Title 21, Section 101(i), Health-General Article, Annotated Code of Maryland. Food cluster shall mean an enclosed assemblage of adjacent or adjoining food service facilities located within an integrated shopping center as defined in Section 27-107.01 of this Code, operating within a specifically designated area sharing customer dining areas. Food Hall shall mean an establishment consisting of three or more individually-licensed businesses offering food and beverages for consumption on the premises, catering, take out, or delivery. Food uses shall comprise a minimum of sixty percent (60%) of the gross floor area of the use. Food Hall Operator shall mean the person or entity in charge of the Food Hall who must obtain a Master Use and Occupancy Permit from the Department of Permitting, Inspections and Enforcement and obtain a High Priority Food Service License from the County Health Officer. Food Hall Vendor shall mean the person or entity who operates within a designated Food Hall unit. The Food Hall vendor must maintain a low, moderate or high priority license or permit for their leased unit from the County Health Officer. A Food Hall vendor shall apply for a low, moderate or high priority food service license within 30 days of their occupancy. The County Health Officer may allow a food vendor who has applied for a low, moderate or high priority license to operate under the Food Hall operator's High Priority Food Service License for up to 90 days. The required 30 days wherein the Food Hall vendor must apply for the food service license shall run concurrently with the 90 days wherein the Food Hall vendor may operate under the Food Hall operator's High Priority Food Service License. Food service facility shall mean any place in Prince George's County, except those establishments that are on non-leased federally owned property which are operated and inspected by the Federal Government in which food or drink products are manufactured, prepared, packed, handled, stored, sold, served, automatically vended, or distributed on a temporary or permanent basis for consumption by the general public and shall include special food service facilities and facilities which sell live and/or unprocessed seafood, but shall not be construed to mean individual, private residences where, without charge, food or drink products are prepared and consumed. Class B food service facilities are those which are open five (5) or less days per week, serve potentially hazardous food, and are operated by volunteer fire companies or bona fide nonprofit fraternal, civic, veterans, religious, or charitable organizations in compliance with Internal Revenue Service (IRS) definitions and protocols. Frozen food shall mean food or drink, except ice cream or related dairy products, preserved by being subject to temperatures not in excess of -10° F and subsequently transported or stored at temperatures not in excess of 0° F. Hazard Analysis Critical Control Point Assessment shall mean the prioritization of a food service facility as defined in COMAR 10.15.03. Health Officer shall mean the Prince George's County Health Officer or the Health Officer's designee. Immediate Control shall mean being physically present and capable of monitoring for food safety and apply corrective actions if necessary. Level B food service manager shall mean the certified food service manager of a non-profit food service facility who receives the abbreviated food service manager certification training offered by the Health Department. Mobile unit shall mean a special food service facility which is a mechanically, electrically, manually, or otherwise propelled vehicle that is relocated following each day's operation to an approved depot or other location acceptable to the approving authority. Nonprofit shall mean a volunteer fire company or bona fide nonprofit fraternal, civic, veterans, religious, or charitable organization as defined by the Internal Revenue Service. Operating from a fixed location for a temporary period shall mean operating a food service facility for not more than five (5) days at a fixed location for an event such as a carnival, circus, fair, or similar temporary event. The five (5) day period of time is subject to variance at the discretion of the Health Officer. However, operating a food service facility or a special food service facility intermittently at one (1) location and operating mobile units as a food service facility or special food service facility relocating at different sites shall not be construed as operating for a temporary period.

Any food service facility which retails or wholesales frozen food shall comply with the provisions of this Section: Labeling of thawed frozen food. Frozen foods which have been allowed to thaw on the premises must be labeled to include the statement "refreezing may impair quality." Bulk lot frozen foods may be thawed for breakdown into retail packaging, but such items must be clearly labeled to indicate the following: The item was previously frozen; The item was thawed for repackaging at approved temperature, and The date of thawing and repackaging. Only food products or drinks which have never been frozen may be labeled "fresh." It shall be unlawful to offer thawed frozen food for sale, however labeled, in the case where any part of the food has reached temperatures above 41 o F.

In a food cluster, it shall be the responsibility of the shopping center management to satisfactorily maintain and provide an approved means to dispose of refuse, provide effective control measures for vermin, and to meet prescribed housekeeping requirements. The shopping center management can be designated a chronic offender as defined in Section 12-104 and subject to the fines set forth in Section 12-113 of this Division.

Every food service facility shall be provided with adequate and conveniently located toilet facilities for its employees. Two (2) or more separate toilet rooms shall be provided whenever both males and females are employed or when Subsection (e) of this Section is applicable; provided, however, that one (1) toilet facility shall be adequate for both male and female employees and customers in establishments having five (5) or fewer employees on duty at any given time and, when applicable, seating is provided for ten (10) or fewer customers. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in clean condition, in good repair, and well-lighted and ventilated. Hand washing signs shall be posted in each toilet room used by employees and at all kitchen hand sink locations. Such toilet facilities shall comply with the regulations of the State and of the local Plumbing Code and shall be located within the permitted establishment except as otherwise noted in this Section. Toilet facilities located off the premises of a food service facility which has a gross floor area of five hundred (500) square feet or less shall be considered satisfactory, provided that such toilet facilities are not more than three hundred (300) feet away from the facility, and are accessible during all hours of operation. Seasonal and temporary special food service facilities shall have toilet facilities located within a reasonable distance and be accessible during all hours of operation. Toilet facilities for a food cluster as required in Subsection (a), above, shall be the responsibility of the management of the integrated shopping center and shall be considered satisfactory, provided that such facilities are conveniently located within the integrated shopping center and within a reasonable distance from any individual food service facility within said food cluster and are accessible during all hours of operations. A food service facility established after January 1, 1979, which provides seating for patrons, must provide adequate and approved toilet facilities for said patrons as specified by Section 21-325(b), Health-General Article, Annotated Code of Maryland, as amended.