# COMAR Title 10 — Maryland Department of Health

## Subtitle 15 — Food

### Chapter 13 — Automatic External Defibrillators at Grocery Stores and Restaurants

**Authority:** Health-General Article, §§2-104 and 21-330.3, Annotated Code of Maryland

**Administrative History:** Effective date: February 16, 2026 (53:3 Md. R. 122)

#### Regulation .01 Scope.

*COMAR 10.15.13.01*

A. This chapter establishes guidelines for periodic inspections and annual maintenance of AEDs at grocery stores and restaurants.

B. This chapter does not apply to:

  (1) A grocery store that has an annual gross income of $10,000,000 or less in a calendar year; or

  (2) A restaurant with:

    (a) An annual gross income of $1,000,000 or less in a calendar year, exclusive of sales for off-premises consumption; or

    (b) A seating capacity of less than 100 individuals based on a fire marshal’s determination.

#### Regulation .02 Definitions.

*COMAR 10.15.13.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “AED” means automated external defibrillator as defined in COMAR 30.06.01.01.

  (2) “Department” means the Maryland Department of Health.

  (3) “Grocery store” means a store that has:

    (a) All major food departments, including produce, meat, seafood, dairy, and canned and packaged goods; or

    (b) At least one of the major food departments and at least 12,000 square feet of floor space.

  (4) “MIEMSS” means the Maryland Institute for Emergency Medical Services Systems.

  (5) “Restaurant” means a food service facility licensed under COMAR 10.15.03 that prepares food for on-site consumption.

#### Regulation .03 AED Requirements.

*COMAR 10.15.13.03*

Beginning January 1, 2025, each owner and operator of a grocery store or restaurant subject to this chapter shall:

A. Place an AED in a prominent area, accessible to employees and customers; and

B. Maintain the functionality of the AED.

#### Regulation .04 Registration.

*COMAR 10.15.13.04*

Each grocery store or restaurant subject to this chapter shall register with MIEMSS using a form prescribed by MIEMSS in order to:

A. Make its location publicly available to emergency dispatchers; and

B. Receive maintenance and recall notices from MIEMSS.

#### Regulation .05 Quality Assurance, Maintenance, and Reporting.

*COMAR 10.15.13.05*

An owner or operator of a grocery store or restaurant subject to this chapter shall:

A. Maintain:

  (1) Each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the U.S. Food and Drug Administration; and

  (2) Supplemental equipment with the AED at all times, including:

    (a) Two sets of defibrillator chest pads that are compatible with the AED;

    (b) Disposable gloves; and

    (c) The Maryland Facility AED Report Forms for Cardiac Arrest; and

B. Submit to MIEMSS:

  (1) A report for each incident of suspected cardiac arrest at the restaurant or grocery store on the Maryland Facility AED Report Form for Cardiac Arrests, including:

    (a) Contact information for any necessary follow-up; and

    (b) If created by the AED, any available event code, summary code, recording, or tape; and

  (2) If the AED fails when operated, in addition to submitting the required report to the federal Food and Drug Administration, a copy of the report provided to the federal Food and Drug Administration.

#### Regulation .06 Inspections.

*COMAR 10.15.13.06*

A. The Department shall:

  (1) Monitor a grocery store or restaurant subject to this chapter for compliance with this chapter; and

  (2) Inspect the grocery store or restaurant as necessary for the enforcement of this chapter.

B. Right to Inspect.

  (1) The Department may enter, at reasonable times, the property of a grocery store or restaurant for the purposes of inspecting, monitoring, and verifying information relative to the enforcement of this chapter.

  (2) A person may not deny or interfere with the Department’s entry into a grocery store or restaurant under this chapter.

  (3) An operator shall permit a representative of the Department to examine and copy records of the grocery store or restaurant to verify information relative to the enforcement of this chapter.

C. Report of Inspection. During a grocery store or restaurant inspection, the Department shall:

  (1) Record the inspection results on an inspection form provided by the Department;

  (2) Identify on the inspection form the conditions found that violate the provisions of this chapter;

  (3) Notify the grocery store or restaurant operator on the inspection form to correct violations by a specific date;

  (4) Provide one copy of the inspection report to the grocery store or restaurant operator; and

  (5) Provide one copy of the inspection report to MIEMSS.

D. The completed inspection report is a public document that is available for public disclosure in accordance with General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.