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<section article="gtg" article_name="Tax - General" number="11-206" title_number="11" title_name="Sales and Use Tax" subtitle_number="2" subtitle_name="Exemptions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Facility for food consumption” does not include parking spaces for vehicles as the sole accommodation.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>“Food” means food for human consumption.</text>
      </level>
      <level label="ii">
        <text>“Food” includes the following foods and their products:</text>
        <level label="1">
          <text>beverages, including coffee, coffee substitutes, cocoa, fruit juices, and tea;</text>
        </level>
        <level label="2">
          <text>condiments;</text>
        </level>
        <level label="3">
          <text>eggs;</text>
        </level>
        <level label="4">
          <text>fish, meat, and poultry;</text>
        </level>
        <level label="5">
          <text>fruit, grain, and vegetables;</text>
        </level>
        <level label="6">
          <text>milk, including ice cream; and</text>
        </level>
        <level label="7">
          <text>sugar.</text>
        </level>
      </level>
      <level label="iii">
        <text>“Food” does not include:</text>
        <level label="1">
          <text>an alcoholic beverage as defined in § 5–101 of this article;</text>
        </level>
        <level label="2">
          <text>a soft drink or carbonated beverage;</text>
        </level>
        <level label="3">
          <text>a cannabinoid beverage as defined in § 36–101 of the Alcoholic Beverages and Cannabis Article; or</text>
        </level>
        <level label="4">
          <text>candy or confectionery.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>“Food for immediate consumption” means:</text>
      <level label="i">
        <text>food obtained from a salad, soup, or dessert bar;</text>
      </level>
      <level label="ii">
        <text>party platters;</text>
      </level>
      <level label="iii">
        <text>heated food;</text>
      </level>
      <level label="iv">
        <text>sandwiches suitable for immediate consumption; or</text>
      </level>
      <level label="v">
        <text>ice cream, frozen yogurt, and other frozen desserts, sold in containers of less than 1 pint.</text>
      </level>
    </level>
    <level label="5">
      <text>“Premises” includes any building, grounds, parking lot, or other area that:</text>
      <level label="i">
        <text>a food vendor owns or controls; or</text>
      </level>
      <level label="ii">
        <text>another person makes available primarily for the use of the patrons of 1 or more food vendors.</text>
      </level>
    </level>
    <level label="6">
      <text>“Substantial grocery or market business” means a business at which at least 10% of all sales of food are sales of grocery or market food items, not including food normally consumed on the premises even though it is packaged to carry out.</text>
    </level>
  </level>
  <level label="b">
    <text>The sales and use tax does not apply to a sale of food stamp eligible food, as defined in 7 U.S.C. § 2012, bought with a food coupon issued in accordance with 7 U.S.C. § 2016.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the sales and use tax does not apply to a sale of food for consumption off the premises by a food vendor who operates a substantial grocery or market business at the same location where the food is sold.</text>
    </level>
    <level label="2">
      <text>The exemption under paragraph (1) of this subsection does not apply to:</text>
      <level label="i">
        <text>food that the vendor serves for consumption on the premises of the buyer or of a third party; or</text>
      </level>
      <level label="ii">
        <text>food for immediate consumption.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The sales and use tax does not apply to:</text>
    <level label="1">
      <text>a sale of food:</text>
      <level label="i">
        <text>to patients in a hospital when the food charge is included in the regular room rate;</text>
      </level>
      <level label="ii">
        <text>by a church or religious organization;</text>
      </level>
      <level label="iii">
        <text>by a school other than an institution of postsecondary education, including sales at a school by a food concessionaire that is under contract with the school or with its designated contract agent, but not including sales at events that are not sponsored by the school or are not educationally related;</text>
      </level>
      <level label="iv">
        <text>to students at an institution of postsecondary education if the food charge is for a meal plan or is included in the regular charge for room and board; or</text>
      </level>
      <level label="v">
        <text>by a nonprofit food vendor if there are no facilities for food consumption on the premises, unless the food is sold within an enclosure for which a charge is made for admission;</text>
      </level>
    </level>
    <level label="2">
      <text>if the proceeds of the sale are used to support a bona fide nationally organized and recognized organization of veterans or auxiliary of the organization or 1 of its units, a sale of food or meals for consumption only on the premises, served by the organization or auxiliary;</text>
    </level>
    <level label="3">
      <text>if the proceeds of the sale are used to support a volunteer fire company or department or its auxiliary or a volunteer ambulance company or rescue squad or its auxiliary, a sale of food served by the company, department, squad, or auxiliary; or</text>
    </level>
    <level label="4">
      <text>a sale of food, bottled water, soft drink or carbonated beverage, or candy or confectionery by a nonprofit food vendor at a youth sporting event or 4–H youth event for individuals under the age of 18 years if there are no facilities for food consumption on the premises, unless the sale is within an enclosure for which a charge is made for admission.</text>
    </level>
  </level>
  <level label="e">
    <text>The sales and use tax does not apply to a sale of food or any beverage in a vehicle that is being operated in the State while in the course of interstate commerce.</text>
  </level>
  <level label="f">
    <text>The sales and use tax does not apply to a sale for consumption off the premises of:</text>
    <level label="1">
      <text>crabs; or</text>
    </level>
    <level label="2">
      <text>seafood that is not prepared for immediate consumption.</text>
    </level>
  </level>
  <level label="g">
    <text>The sales and use tax does not apply to the sale through a vending machine of milk, fresh fruit, fresh vegetables, or yogurt.</text>
  </level>
</section>
