1. (a) Subject to subsection (d) of this section, each food establishment shall have:

   1. (1) A convenient toilet that is:

      1. (i) Except as provided in subsection (c) of this section, separated from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed;
      2. (ii) Kept in a sanitary condition; and
      3. (iii) Properly ventilated; and

   2. (2) A convenient lavatory that is:

      1. (i) Supplied with soap, water, towels, or other approved hand drying devices;
      2. (ii) Kept in a sanitary condition; and
      3. (iii) Properly ventilated.

2. (b) Each food service facility which prepares food and provides seating for patrons established after January 1, 1979, shall have available for the public:

   1. (1) A convenient toilet that is kept in a sanitary condition; and

   2. (2) A convenient lavatory that is:

      1. (i) Supplied with soap, water, towels, or other approved hand drying devices;
      2. (ii) Kept in a sanitary condition; and
      3. (iii) Properly ventilated.
3. (c) A room that houses a toilet may be constructed within a larger room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed.

4. (d)

   1. (1) This subsection applies only to a food establishment that is:

      1. (i) A business that conducts agritourism, as defined in § 4-212 of the Land Use Article;
      2. (ii) A Class 4 limited winery licensed under § 2-206 of the Alcoholic Beverages and Cannabis Article; and
      3. (iii) A Class 8 farm brewery licensed under § 2-210 of the Alcoholic Beverages and Cannabis Article.

   2. (2) A food establishment may comply with the requirement to provide a convenient lavatory by providing a portable chemical toilet that:

      1. (i) Otherwise meets the requirements of subsection (a)(2) or (b)(2) of this section; and
      2. (ii) Is placed at least 25 feet from a well.

Added as Health-Environmental § 4-325 by Acts 1987, c. 297, § 1, eff. Jan. 1, 1988. Transferred to Health-General § 21-325 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 2025, c. 761, § 1, eff. June 1, 2025; Acts 2025, c. 762, § 1, eff. June 1, 2025.