2013 Maryland Code
HEALTH - GENERAL
§ 21-304 - Rules and regulations; local legislation; applicability of subtitle to home rule and charter county or Baltimore City

§21-304.

(a) (1) The Department shall adopt rules and regulations necessary to carry out the provisions of this subtitle.

(2) For excluded organizations, the Department:

(i) Shall adopt separate regulations that establish minimum standards that:

1. Ensure food integrity and safety;

2. Preserve public health; and

3. Control foodborne illnesses; and

(ii) May adopt separate regulations that establish a licensing system, with appropriate standards, that excluded organizations may voluntarily choose to submit to as a nonrescindable alternative to regulation under item (i) of this paragraph.

(b) Except as provided in subsection (e) of this section, a political subdivision may not adopt a law, ordinance, rule, or regulation that establishes a standard that is less stringent than rules and regulations adopted under this subtitle.

(c) Except as otherwise provided in this section, this subtitle does not limit the power of a home rule or charter county or Baltimore City to adopt and enforce laws, ordinances, and regulations that are consistent with the purposes of this subtitle, including the power to adopt local licensing and enforcement procedures.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Farmer’s market” means a public market in the State where producers of raw agricultural products sell the products directly to the public.

(iii) “Raw agricultural product” includes:

1. Whole, unprocessed grains, flowers, herbs, nuts, fruits, and vegetables supplied directly from the farm on which they were produced; and

2. Any agricultural products the Department identifies in regulation.

(2) A local jurisdiction may not require a license for the sale of raw agricultural products at a farmer’s market or at a public festival or event.

(e) (1) The County Commissioners for Frederick County may adopt a law, an ordinance, a rule, or a regulation to allow a restaurant with an outdoor dining area to allow a patron’s dog to accompany the patron in the outdoor dining area.

(2) A law, an ordinance, a rule, or a regulation adopted under paragraph (1) of this subsection shall:

(i) Prohibit a dog from being allowed to travel through an indoor space of a restaurant to enter or exit an outdoor dining area; and

(ii) Contain a provision to ensure that the law, ordinance, rule, or regulation does not affect the right of an individual to use a service animal, as defined in § 7-701 of the Human Services Article.

§ 21-304 - 1. Written notice of intention to serve food to public

(a) In general. -- A volunteer fire company that meets the requirements of an excluded organization under § 21-301(e) of this subtitle shall provide written notice to the Department that the volunteer fire company intends to serve food to the public for up to 30 consecutive days.

(b) Contents. -- The written notice shall include the dates on which the food will be prepared, the methods of storing and serving the food, and the methods or procedures to be followed to ensure food safety and security.

§ 21-304 - 2. Outdoor dining -- Allowing dogs with patrons

(a) In general. -- A restaurant with an outdoor dining area may allow a patron's dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant.

(b) Requirements. -- The owner of a restaurant:

(1) Shall provide written notice to the local health department that the owner intends to allow a patron's dog to accompany the patron in the outdoor dining area of the restaurant not less than 30 days prior to the day on which dogs will be allowed in the outdoor dining area;

(2) May determine the location and the amount of space in the outdoor dining area designated for a patron accompanied by a dog;

(3) May establish limits on the size and type of dogs and any other limitations relating to dogs that may accompany a patron into the outdoor dining area of a restaurant;

(4) May deny entry to the restaurant or eject from the restaurant any patron accompanied by a dog at the discretion of the owner; and

(5) Shall place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patrons of the restaurant notifying the patrons of the policy of the restaurant allowing dogs in the outdoor dining area.

(c) Duties of patrons with respect to dogs. -- A patron accompanied by a dog:

(1) May not allow the dog to travel through an indoor space of a restaurant to enter or exit an outdoor dining area;

(2) Shall keep the dog on a leash at all times with the patron at the table at which the patron is seated;

(3) May not leave the dog unattended at any time in the restaurant;

(4) Shall be an adult who is responsible for the behavior of the dog; and

(5) Is liable for any damages caused by the dog to the restaurant or any other patron of the restaurant.

(d) Section not affecting right to use service animal. -- This section does not affect the right of an individual to use a service animal, as defined in § 7-701 of the Human Services Article.