2013 Maryland Code
HEALTH - GENERAL
§ 21-324 - Cleanliness of certain premises and vehicles; unclean or unsanitary conditions

§21-324.

(a) (1) The floors, walls, ceilings, sidewalks, furniture, receptacles, implements, and machinery of or in any food establishment shall be kept in a clean and sanitary condition at all times.

(2) (i) The design and construction of existing equipment in food establishments shall be accepted by the Department, if the existing equipment:

1. Complied with the Department’s standards that prevailed at the time of the installation;

2. Accomplishes its intended and required function in the establishment;

3. Is cleanable;

4. Is free of hazardous materials and toxic food contact surfaces; and

5. Is in good repair.

(ii) The Department shall establish guidelines for the replacement of failed existing equipment.

(b) Any vehicle that is used to transport food or from which any food is sold shall be kept in a clean and sanitary condition at all times.

(c) A condition that is unclean and unsanitary exists whenever any of the following occurs:

(1) Any food in the process of manufacture, preparation, packing, canning, freezing, storing, sale, distribution, or transportation is not protected as far as practicable from flies, filth, and any foreign or injurious contamination;

(2) Refuse, dirt, or waste products subject to decomposition and fermentation that are incident to the manufacture, preparation, packing, canning, freezing, storing, sale, distribution, or transportation of food are not removed daily, or at a frequency required by the Department;

(3) Any receptacle, chute, platform, rack, table, shelf, utensil, or machinery used in moving, handling, cutting, chopping, mixing, canning, freezing, or processing food is not kept clean;

(4) The clothing or body of any individual employed in the establishment, place, or vehicle is not kept as clean as the nature of the employment permits;

(5) The food establishment lacks an adequate supply of potable water; or

(6) The food establishment lacks an adequate sewage disposal facility.

§ 21-324 - 1. Open windows and doors in food service facilities

(a) Exception. -- This section does not apply to an outer door of a food service facility that leads from the kitchen to the outside.

(b) In general. -- A food service facility may operate with the outer windows or outer doors open unless, while the food service facility is operating with the outer doors or outer windows open, the local health department:

(1) Finds evidence of vermin in food preparation or food storage areas; or

(2) Finds evidence of flying insects in food preparation or food storage areas that pose a significant threat to sanitation or public health.

(c) Violations. -- If a local health department finds that a food service facility is operating in violation of subsection (b) of this section, the food service facility shall take immediate action to eliminate the vermin or flying insects.

(d) Closure. -- A local health department may close a food service facility found to be operating in violation of subsection (b) of this section, or order a temporary closure of the outer windows and outer doors at the food service facility, until the vermin or flying insects are eliminated from the food preparation or food storage areas, or until another action approved by the local health department is taken.

(e) Three or more separate violations. -- A food service facility found to be operating in violation of subsection (b) of this section on three or more separate occasions shall keep the outer windows and outer doors closed at all times until:

(1) Modifications approved by the local health department are made to the food service facility to effectively protect against the entrance of vermin and flying insects; or

(2) Another action approved by the local health department is taken.