2019 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part II - Licensing
§ 21-309. Term and renewal of license
(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 30 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 30 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.