2021 Maryland Statutes
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part II - Licensing
Section 21-309.1 - Producer Mobile Farmer's Market License
(a) (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) 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) (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) 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) A producer mobile farmer’s market license shall be displayed on any mobile unit operating under the license.
(f) (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.