# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 3. Food Establishments

#### Section 21-325

(a) Subject to subsection (d) of this section, each food establishment shall have:

  (1) A convenient toilet that is:

    (i) Except as provided in subsection (c) of this section, separated from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed;

    (ii) Kept in a sanitary condition; and

    (iii) Properly ventilated; and

  (2) A convenient lavatory that is:

    (i) Supplied with soap, water, towels, or other approved hand drying devices;

    (ii) Kept in a sanitary condition; and

    (iii) Properly ventilated.

(b)

  (1) This subsection does not apply to a mobile food service facility or a semipermanent food service facility located in Washington County.

  (2) Each food service facility which prepares food and provides seating for patrons established after January 1, 1979, shall have available for the public:

    (i) A convenient toilet that is kept in a sanitary condition; and

    (ii) A convenient lavatory that is:

      (1) Supplied with soap, water, towels, or other approved hand drying devices;

      (2) Kept in a sanitary condition; and

      (3) Properly ventilated.

(c) A room that houses a toilet may be constructed within a larger room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed.

(d)

  (1) This subsection applies only to a food establishment that is:

    (i) A business that conducts agritourism, as defined in Sec. 4-212 of the Land Use Article;

    (ii) A Class 4 limited winery licensed under Sec. 2-206 of the Alcoholic Beverages and Cannabis Article; and

    (iii) A Class 8 farm brewery licensed under Sec. 2-210 of the Alcoholic Beverages and Cannabis Article.

  (2) A food establishment may comply with the requirement to provide a convenient lavatory by providing a portable toilet that:

    (i) Otherwise meets the requirements of subsection (a)(2) or (b)(2)(ii) of this section; and

    (ii) Is placed at least 25 feet from a well.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)