Subdivision 3. Permits and Inspections

This Division shall not apply to facilities selling only prepackaged non-potentially hazardous food or drink.

There shall be no exposed or unsecured outside storage of food and food equipment. Outdoor service venues such as patios, pool bars, bars, sidewalk operations and temporary events shall provide sufficient protection of all food, food equipment and food service items to prevent contamination at all times.

Food Halls, Food Hall Operators and Food Hall Vendors are subject to all relevant requirements of State and County Law including appropriate permits and/or licenses, insurance, safety and sanitation; and violations are subject to Fines, Closure, License Suspension or Revocation.

It shall be unlawful for any person to operate a food service facility without a valid permit issued by the Health Officer, provided that this permit requirement shall not apply to:

Any person desiring to operate a food service facility shall make written application to the Health Officer for a permit to operate the facility.

Application for a food service facility permit shall be on a form approved by the Health Officer and shall, in the case of new facilities or facilities materially altered, be accompanied by plans and specifications for the proposed facility.

When, upon review of the application form and following a complete inspection of the food service facility, the Health Officer is satisfied that the facility complies with the provisions of this Division, the appropriate requirements of the Secretary of Health and Mental Hygiene, and State and County health laws, a permit to operate shall be issued.

If the facility does not meet the foregoing requirements, the Health Office shall deny a permit to operate a food service facility. Final denial shall be in writing.

The permit issued by the Health Officer shall be prominently posted in public view within the food service facility.

Permits shall be issued for a period not in excess of one (1) year, expiring on the date designated by the Health Officer. In order to achieve a systematic schedule of renewals, the Health Officer may issue a permit for a fraction of a year. Except for special food service facilities, seasonal operations, and delinquent permit renewals, fees for permits issued for a fraction of a year shall be prorated on a quarterly basis.

Nonprofit organizations operating for a temporary period food and drink concessions which are staffed solely by members of the organization shall not be required to pay the fees prescribed in this Section. Further, food service facilities operated by the Prince George's County Board of Education, Blind Industries and Services of Maryland established by Chapter 566, Acts of 1908, or the Capital Area Community Food Bank and its recipient organizations in Prince George's County, Maryland, shall not be required to pay the fees prescribed in this Section. The Capital Area Community Food Bank will provide a list of recipient organizations to the Prince George's County Health Department on the first day of each year and amend that list as new recipient organizations are added. A duplicate permit will be issued, on request, at a charge as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

At the time of submitting plans to the Health Department for a new or remodeled food service facility, fees as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website shall be paid. A fee as prescribed in the Table of Fees shall be paid for each resubmittal of plans after the first resubmittal. An additional fee shall be paid as prescribed in the Table of Fees for each re-inspection after the first re-inspection required prior to approval to operate. A fee shall be paid as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website for prospective inspections, consultations, and equipment evaluations. Prior to the sale of any permitted facility, the permit holder, or a potential buyer or party in interest in conjunction with the permit holder, may request that the Health Department conduct a change of ownership inspection to determine the facility's status regarding all applicable Health Department requirements. The change of ownership inspection fee shall be as prescribed in the Table of Fees.

Any holder of a permit issued pursuant to this Section who is required to pay a fee for said permit and who fails to submit to the Health Officer an application for renewal of the permit, together with the required fee, no later than five (5) days following the expiration date of the existing permit, shall be assessed an additional fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, per day for each day following the expiration date of the existing permit.

Food service facilities operated by churches, church societies, and other bona fide nonprofit organizations shall not be required to pay the late fee for renewal of a permit as required in Subsection (e).

Food service facilities and special food service facilities operated by bona fide volunteer fire companies shall not be required to pay the fees described in Subsections (c), (d), and (e) of this Section.

In cases where there is a serious violation of the regulations adopted herein, the requirements of the Secretary of Health and Mental Hygiene, or the State and County health laws which, in the sound discretion of the Health Officer, creates a serious and immediate danger to the public health, the Health Officer may issue a written order closing the facility subject to a hearing held, at the request of the operator at the time of closure, and a decision thereupon within 72 hours after issuance of the order. It shall be unlawful for such establishments to remain open after being ordered closed unless within the 72-hour period the Health Officer either rescinds the order or fails to hold the requested hearing and render a decision.

Any person whose permit has been suspended and/or whenever an establishment has been ordered to close pursuant to the regulations adopted herein, the owner or operator may at any time thereafter apply in writing for reinstatement of the permit or to reopen the facility. Upon receipt of such application, the Health Officer shall have an inspection of the premises made; and, if the food service facility is found to be in compliance with the requirements of this Division, the appropriate requirements of the Secretary of Health and Mental Hygiene, and the health laws of the State and County, the Health Officer shall reinstate the permit or reopen the facility. A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, shall be paid for each such inspection performed during regular working hours, and a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, shall be paid for inspections performed during nonworking hours.

Whenever a food service facility opens or remains open for business without a valid permit, or after being ordered to close in accordance with the provisions of Subsection (a), above, or while a valid permit has been suspended, any owner or operator of such food service facility shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) a day. Each day such food service facility remains open for business shall constitute a separate offense pursuant to this Subsection.

Special food service facilities, including those which sell or offer for sale live and/or unprocessed seafood, may be subject to a written order of closure for violations of Subtitle 5, Division 12, of this Code. The Health Officer or the Director of Permitting, Inspections, and Enforcement, or their designees, may issue a citation to any special food service facility, including those selling or offering for sale, live or unprocessed seafood which operates in violation of this Subsection and/or Section 12-108 of this Code. The citation shall serve as notification to the person that he has committed a civil violation and must pay a monetary fine in accordance with Section 12-111, subject to his right to elect to stand trial pursuant to Section 28-257 of this Code. The Department of Permitting, Inspections, and Enforcement may also take an enforcement action against the holder of the Master Use and Occupancy Permit or any vendor conducting business under the Master Use and Occupancy Permit pursuant to Section 4-116 of this Code.

If a Food Hall's Master Use and Occupancy Permit is suspended or revoked, all food service operations on the premises must cease pending resolution of the permit suspension or revocation.

The Department of Permitting, Inspections, and Enforcement shall promptly notify the Health Department of any and all Food Hall Master Use and Occupancy Permit suspensions or revocations.

A request to cancel or reschedule is received at least twenty-four (24) hours in advance of the scheduled hearing, or;

The hearing is required by this Department.

The Health Officer shall make inspections of food service facilities to determine compliance with this Division, the appropriate requirements of the Secretary of Health and Mental Hygiene, and the health laws of the State and County.

The Health Officer shall be permitted access to all parts of food service facilities during regular business hours and shall be permitted to inspect all records of food purchased to determine its source.

Mobile food service facilities shall be available for an annual inspection at the time and place designated by the Health Officer prior to licensure or re-licensure.

Except as provided in Subsection (b), no food service facility shall operate unless a minimum of one employee has a valid food service manager certificate or is enrolled in an approved course that will train the employee to be a certified food service manager.

Except as provided for in Subsection (c), no food service facility shall operate unless it is under the immediate control of a certified food service manager during all hours of operation.

No food service facility operated more than an average of five (5) days per week by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization shall operate unless it has a certified food service manager on staff or a staff person or member is enrolled in an approved course that will train that person to be a certified food service manager. No food service facility operated more than an average of five (5) days per week by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization shall operate unless it is under the immediate control of a certified food service manager.

No Class B food service facility shall operate unless a certified food service manager is on staff or in the membership of the organization or a Level B food service manager is on site during all hours of operation.

The approving authority may postpone or waive the requirement of Subsections (b), (c), and (d), above, if, in unusual circumstances, its application to a particular licensee would result in undue hardship.

The approving authority may reduce the number of hours of training required for a Level B food service manager.

The food service manager certificates shall be issued by the Department.

A food service facility permit shall not be issued by the Health Officer until the facility meets the food service manager requirements stated above unless in unusual circumstances, its application would result in an undue hardship.

This Section shall not apply to the following:

Notwithstanding paragraphs 2 through 5, the approving authority may require appropriate staffing by a food service manager if, during the preceding twelve months, there have been incidents of foodborne illnesses at the facility.

Application for a Food Service Manager Certificate must be made to the Department by submitting the following:

A person required to obtain a food service manager certification for a food service facility operated by the Board of Education of Prince George's County, by a volunteer fire company or rescue squad, or a bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization or corporation shall be exempt from the fee provision of this Section.

A food service manager certificate shall be issued in the name of an individual only and shall be valid for the period of the certification.

Renewal certificates will be issued upon receipt of the following:

Application for renewal must be made no later than six (6) months following the expiration of the CFSM card. If more than six (6) months have elapsed, renewal is not possible and the applicant will have to repeat the entire certification process.

The expiration date will be exactly three (3) years from the expiration date of the old card.

The fee for the replacement of a food service manager certificate is prescribed in the Table of Fees.

A food service facility, upon written notice by the Department, will be subject to a fine of Five Hundred Dollars ($500.00) on each occasion that said facility fails to provide proof that it is under the immediate control of a certified food service manager during all hours when food is being prepared, handled, or served, except as provided in Subsection (e), above, or that a supervisory employee is currently enrolled in an approved course. Proof of enrollment in an approved course must be submitted to the Department within two (2) weeks of written notification to the facility. Upon revocation of a food service manager certification, a food service facility shall be required to obtain the services of a certified food service manager or shall have enrolled alternate supervisory personnel in an approved training program within two (2) weeks of notification to the facility, or shall be subject to the penalties specified in this Section. Application for certification must be made within one week of satisfactory completion of the course.

Any certification may be suspended or revoked by the Department when the certified food service manager or a person under the certified food service manager's supervision repeatedly fails to comply with these regulations.

Prior to such suspension or revocation, the holder of said certificate shall be given the opportunity for a hearing before the approving authority. A certificate may be suspended or revoked for repeated violations of food safety requirements; for failure to make corrections of documented violations; for operating without a permit or while a permit has been suspended; for failure to adhere to critical items requirements as defined in COMAR 10.15.03.02B; for obtaining such certification under false pretenses; or for preventing regulatory personnel from performing their duty.

The certified food service manager shall surrender his or her certificate to the Department when certification has been suspended or revoked.

Prior to restoring a certificate, retraining may be required for the food service manager and/or all food workers employed in food facilities where there is documented inability to maintain safe and sanitary food handling practices as demonstrated by instances of foodborne illness, serious repeat violations, or other factors increasing the risk to consumers.

A complete mobile unit and/or food truck application must include:

Vehicle Identification.

Food Handling; Storage; Source.

Reserved.

Safety and Sanitation.

Applications for a single or multi-day event permit must be received by mail or in person no later than five (5) business days prior to the event. Applications received after that time frame will not be processed.

Permits received after the deadline as well as those permits submitted by operators with a history of noncompliance may be denied. Denial may be based on the type of food prepared and served, the extent of the necessary food handling activity, and the operator's established history of operation.

Attendance at a training class offered by the Department is encouraged prior to issuance of a permit. Attendance will be mandatory for those operators who have demonstrated failure to follow the requirements of this Code.

Multi-day events must have approved overnight storage for food and food service equipment.

Based upon local environmental conditions, location, and other similar factors, the Department may establish additional structural or operational requirements, or both, as necessary to ensure that foods are handled safely at the event.

A Farmer's Market Vendor's License shall:

A Farmer's Market Sampler's License shall: