2018 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part II - Licensing
§ 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.

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