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<regulation prefix="Regulation" num=".05" citation="COMAR 03.06.01.05" title_num="03" subtitle_num="06" chapter_num="01" heading="Food for Human Consumption.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meanings indicated:</text>
    <paragraph num="(1)">
      <text>“Premises” means any building, grounds, parking lot, or other area that a food vendor owns or controls or another person makes available primarily for the use of the patrons of one or more food vendors.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Facilities for food consumption” means items such as tables, chairs, booths, benches, counters, and stands set aside or made available for the consumption of food sold. The term does not include parking spaces for vehicles as the sole accommodation. If, however, any of the above-described equipment is located on a parking lot, this equipment constitutes “facilities for food consumption”.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Substantial grocery or market business” means a business at which at least 10 percent of all sales of food are sales of grocery or market food items. Among other things, the sale of food that is of a type normally consumed on the premises of a restaurant, but which is packaged to carry out, does not constitute the sale of “grocery or market food items”.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Food concessionaire under contract with the school or college or its designated contract agent” means a person who has been granted the right by a school or college to use school or college premises for the purpose of selling food.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Educationally related” means those events where the net proceeds are used for the benefit of the school or college or which provide educational benefit to the participants.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Crabs” means hard and soft shell crabs, but does not include crab dishes, such as crab cakes and crab soup, which are, instead, “seafood”.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Food for immediate consumption” means:</text>
      <paragraph num="(a)">
        <text>Food obtained from a salad, soup, or dessert bar;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Party platters;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Heated food;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Sandwiches suitable for immediate consumption; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Ice cream, frozen yogurt, and other frozen desserts, sold in containers of less than 1 pint.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Cannabis products” means products that are composed of cannabis, cannabis concentrate, cannabis extract, or other ingredients and are intended for use or consumption, including cannabinoid beverages, edible products, oils, and tinctures.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Food” does not include</text>
      <paragraph num="(a)">
        <text>Cannabis as defined in the Alcoholic Beverages and Cannabis Article, §1–101, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cannabis products.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Sales of food for human consumption are not subject to the tax in the following circumstances:</text>
    <paragraph num="(1)">
      <text>Sales 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, except that this exemption does not apply to food:</text>
      <paragraph num="(a)">
        <text>That the vendor serves for consumption on the premises of the buyer or of a third party, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For immediate consumption;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Sales by a church or religious organization;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Sales 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 its designated contract agent, but not including sales at events that are not sponsored by the school or are not educationally related;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Sales 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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Sales to patients in a hospital, including a nursing home, when the food charge is included in the regular room rate;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Sales including sales of any beverage, made in a vehicle that is being operated in the State while in the course of interstate commerce;</text>
    </paragraph>
    <paragraph num="(7)">
      <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;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>If the proceeds of the sale are used to support a bona fide nationally organized and recognized organization of veterans of the armed forces of the United States or auxiliary of the organization or one of its units, a sale of food or meals for consumption only on the premises, served by the organization or auxiliary;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Sales for consumption off the premises of:</text>
      <paragraph num="(a)">
        <text>Crabs, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Seafood that is not prepared for immediate consumption;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>Sales of food stamp eligible food bought with a federal food stamp coupon;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Sales of food 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; or</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Sales of milk, fresh fruit, fresh vegetables, or yogurt through a vending machine.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The payment of a separately stated cover charge, which does not entitle the buyer to obtain tangible personal property is not subject to tax. A minimum charge which does entitle the buyer to receive tangible personal property is subject to tax, even if the buyer does not take full advantage of it.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The payment by a buyer of food or beverages for human consumption on the premises of the vendor of a separately stated and identified mandatory gratuity or service charge which is in the nature of a tip is not subject to tax if the food or beverages are served to a group of not more than 10 persons. Mandatory gratuities or service charges on sales of food or beverages to a group of more than 10 persons are subject to the tax whether or not separately stated.</text>
  </paragraph>
</regulation>