2013 Maryland Code
HEALTH - GENERAL
§ 21-309 - Term and renewal of license

§21-309.

(a) (1) In this section the following terms have the meanings indicated.

(2) “Mobile food service facility” means a food service facility which is a mechanically, electrically, manually, or otherwise propelled vehicle operating on land or water.

(3) “On-farm food service facility” means a food service facility that:

(i) Is located on a farm;

(ii) Serves food as designated by the Department; and

(iii) Operates during a period of time of not more than 30 consecutive days with up to two renewals in a 1-year period.

(4) “Temporary food service facility” means a food service facility which operates during a period of time of not more than 14 consecutive days at a fixed location in conjunction with a fair, carnival, public exhibition, construction project, recreational facility, or similar gathering.

(b) (1) Except as provided in § 10-226 of the State Government Article and in paragraphs (2) and (3) of this subsection, and unless it is renewed for another term, a license expires 1 year from the date of issuance or renewal or as provided by local law, ordinance, or regulation in accordance with § 21-304(b) and (c) of this subtitle.

(2) Except as provided in § 10-226 of the State Government Article, a license to operate a temporary food service facility expires at the conclusion of the underlying event or after 14 consecutive days of operation, whichever is earlier, or as provided by local law, ordinance, or regulation in accordance with § 21-304(b) and (c) of this subtitle.

(3) (i) Except as provided in § 10-226 of the State Government Article, a license to operate an on-farm food service facility expires after 30 consecutive days unless it is renewed in accordance with subparagraph (ii) of this paragraph.

(ii) An on-farm food service facility may renew an on-farm food service facility license up to two times within a 1-year period.

(c) Except in the case of a temporary food service facility, including a mobile food service facility which operates solely as a temporary food service facility, or an on-farm food service facility, at least 1 month before the license expires, the Department shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:

(1) The date on which the current license expires; and

(2) The date by which the completed renewal application must be received by the Department for the renewal to be issued and mailed before the license expires.

(d) The Department may renew a license if the licensee:

(1) Has complied with this subtitle and the regulations adopted under this subtitle;

(2) Submits to the Department a completed renewal application on the form the Department requires;

(3) Pays the renewal fee assessed under § 2-104 of this article, unless exempted from the fee under this subtitle or any regulation adopted under this subtitle; and

(4) Agrees to permit access to the food establishment for purposes of any inspection permitted or required under this subtitle.

§ 21-309 - 1. Producer mobile farmer's market license.

(a) In general. --

(1) The Department shall establish a producer mobile farmer's market license.

(2) The fee for a producer mobile farmer's market license:

(i) Shall be based on the anticipated cost of licensing, inspecting, and regulating licensees; and

(ii) May not exceed $ 100.

(3) A producer mobile farmer's market license shall be valid for a period of 1 year.

(b) Products included. -- A producer mobile farmer's market licensee may transport to and sell at a farmer's market or at a public festival or event:

(1) Products that were produced by the licensee under an on-farm home processing plant license;

(2) Products produced by the licensee, as authorized by the Department in regulation; or

(3) Farm products that have been inspected, licensed, or certified for food safety by the Maryland Department of Agriculture.

(c) Scope of license. --

(1) A producer mobile farmer's market license is valid in all jurisdictions in the State.

(2) A county or municipality may not require a producer mobile farmer's market licensee to obtain a separate permit or license to sell products authorized for sale under the producer mobile farmer's market license.

(d) Duties of Department. -- The Department shall:

(1) Issue producer mobile farmer's market licenses;

(2) At least once a year, inspect each mobile unit that operates under a producer mobile farmer's market license; and

(3) Adopt regulations to implement this section.

(e) Display. -- A producer mobile farmer's market license shall be displayed on any mobile unit operating under the license.

(f) Violations; penalties. --

(1) A person in violation of this section or a regulation adopted under this section is subject to a fine not to exceed $ 1,000.

(2) A county health department shall enforce and levy fines for a violation of this section or any regulations adopted under this section.

(3) Fines assessed by a county health department shall be paid to the county in which the violation occurred.

(4) A county health department shall notify the Department of any violations occurring in the county.

§ 21-309 - 2. Seasonal Farmer's Market producer sampling license.

(a) In general. -- A county may establish a seasonal farmer's market producer sampling license to be required for a producer of a farm product to prepare and offer samples of the farm product for human consumption at a farmer's market or at a public festival or event.

(b) Scope of license. -- A county seasonal farmer's market producer sampling license established under this section shall:

(1) Be valid at all farmer's markets in the county;

(2) Be valid at any public festival or event in the county;

(3) Be valid for the entire season for which it is issued; and

(4) Have a single fee as set by the county.

(c) Use of license by licensee. -- A seasonal farmer's market producer sampling licensee shall use the license only to offer samples of a farm product that has been produced by the licensee.

(d) Regulations. -- The Department shall adopt regulations that:

(1) Establish eligibility for the license;

(2) Provide for the authorized uses of the license;

(3) Establish standards and approved methods under which sampling shall be conducted;

(4) Specify the duration of the season during which the license is valid; and

(5) Include other provisions that are necessary to protect public health and control foodborne illnesses.

(e) County ordinances. -- A county issuing a seasonal farmer's market producer sampling license shall adopt an ordinance that:

(1) Sets the fee for the license;

(2) Provides for the enforcement of provisions of law under which the license is issued; and

(3) Provides penalties for violations of provisions of law under which the license is issued.