The person-in-charge shall ensure that:

1. A. Potable water is:

   1. (1) Obtained from a water supply system that complies with Environment Article, Title 9, Annotated Code of Maryland, and COMAR 26.04.04; and
   2. (2) Meets the standards of quality specified in Environment Article, Title 9, Annotated Code of Maryland, and COMAR 26.04.01;
2. B. Non-potable water for non-culinary purposes such as air conditioning or fire protection is used only if the system complies with §H(3) of this regulation;

3. C. Except for a temporary food service facility where water under pressure is not available, hot and cold running water under pressure is provided:

   1. (1) In all areas where:

      1. (a) Food is prepared; and
      2. (b) Equipment and utensils are washed; and
   2. (2) With sufficient water capacity, pressure, and hot water generation and distribution to meet peak demands throughout the facility;
4. D. Drinking water, if not dispensed through the water supply system of the food service facility, is potable and stored in a container that meets all applicable laws, ordinances, and regulations;
5. E. Steam that contacts food is free from deleterious or harmful matter that might adulterate food;

6. F. All water-carried sewage is disposed of by:

   1. (1) A public sewerage system; or
   2. (2) An approved sewage disposal system constructed and operated in conformance with applicable State and local laws, ordinances, and regulations;

7. G. Where water-carried disposal methods are not possible, non-water-carried sewage disposal facilities are utilized if:

   1. (1) The method has been approved by the approving authority as meeting State and local requirements; and

   2. (2) The facilities are:

      1. (a) In conformance with applicable State and local laws, ordinances, and regulations; and
      2. (b) Located outside and not attached to the establishment;

8. H. Plumbing is sized, installed, and maintained so that:

   1. (1) The plumbing complies with applicable State and local plumbing laws, ordinances, and regulations;

   2. (2) The potable water supply system is:

      1. (a) Installed in a manner that prevents backflow or backsiphonage; and
      2. (b) Not connected with a non-potable water system in a manner that would allow non-potable water to be drawn or discharged into the potable water supply system;

   3. (3) The piping of a non-potable water system is:

      1. (a) Marked so that the piping is readily distinguishable from piping that carries potable water, such as with distinctive yellow-colored paint; and
      2. (b) Not connected to equipment or other outlets in the food preparation area;

   4. (4) Indirect waste piping is provided to a:

      1. (a) Food preparation or utensil washing sink;
      2. (b) Refrigerator coil;
      3. (c) Ice making machine;
      4. (d) Steam kettle;
      5. (e) Coffee urn or brewer;
      6. (f) Hot or cold drink machine;
      7. (g) Steam table;
      8. (h) Potato peeler;

      9. (i) Warewashing machine, unless:

         1. (i) The machine is located within 5 feet of a trapped floor drain; and
         2. (ii) The waste piping is connected directly to the inlet side of a floor drain trap vented in conformance with applicable State and local laws, ordinances, and regulations; and
      10. (j) Similar piece of equipment in which food, portable equipment, or utensils are placed;

   5. (5) Each compartment of a multiple compartment sink is indirectly drained to a trapped and vented plumbing receptor through an air gap that complies with State and local laws, regulations, and ordinances:

      1. (a) From a separate pipe through the air gap and into the plumbing receptor; or
      2. (b) Through the air gap into a single manifolded branch and into the plumbing receptor;

   6. (6) Plumbing receptors receiving the discharge of indirect waste pipes:

      1. (a) Have a shape and capacity that will prevent splashing or flooding; and
      2. (b) Are accessible for cleaning and inspection;
   7. (7) Food waste grinders are connected and trapped separately from other fixtures or sink compartments;

   8. (8) Floor drains subject to evaporation have:

      1. (a) A water seal of at least 4 inches;
      2. (b) Water fed from a plumbing fixture that complies with State and local laws, regulations, and ordinances; or
      3. (c) An automatic priming device that complies with State and local laws, regulations, and ordinances;
   9. (9) Floor drains in storerooms, refrigerated rooms, walk-in coolers, or other locations where food is stored, have indirect waste piping;
   10. (10) Hand sinks in food preparation tables and counters discharge through an air gap into a floor sink or receptor that is trapped and vented; and

   11. (11) Except when required by building design, waste pipes and fixtures are:

       1. (a) Not located over food storage, preparation, or serving areas; and

       2. (b) Where installed over food storage, preparation, or serving areas, food is protected by one or more of the following:

          1. (i) Pipe joining methods that will preclude leakage;
          2. (ii) Using wall-mounted fixtures;
          3. (iii) Limiting the number of pipe joints;
          4. (iv) Pressure testing the piping;
          5. (v) Thermally insulating pipes to prevent condensation; and
          6. (vi) Installing integral seepage pans or pipe sleeves;

9. I. Toilet facilities are:

   1. (1) Sufficient in number to serve the facility;
   2. (2) Conveniently located;
   3. (3) Accessible to employees at all times;

   4. (4) Except as specified in Health-General Article, §21-325(b), Annotated Code of Maryland, for facilities established after January 1, 1979, provided for patrons whenever a food service facility:

      1. (a) Prepares food and provides seating; or
      2. (b) Is a carry-out facility with indoor tables used for dining;
   5. (5) Installed in accordance with applicable State and local laws, ordinances, and regulations;

   6. (6) Designed with fixtures that are:

      1. (a) Of sanitary design; and
      2. (b) Readily cleanable;

   7. (7) Kept:

      1. (a) Clean;
      2. (b) In good repair; and
      3. (c) Free of objectionable odor; and

   8. (8) Supplied with:

      1. (a) Toilet tissue at each toilet at all times; and
      2. (b) Receptacles that are easily cleanable and covered for waste materials in toilet rooms for women;

10. J. Toilet rooms:

    1. (1) Are completely enclosed;

    2. (2) Are equipped with self-closing doors except when a toilet room without doors is approved by the approving authority based on a review that shows that:

       1. (a) Doors would impede the use of the toilet room; and
       2. (b) The requirements in §J(3)—(6) of this regulation are met;
    3. (3) Provide privacy;

    4. (4) Are provided mechanical ventilation that:

       1. (a) Exhausts air at the rate of 2 cubic feet per minute per square foot of floor area; and
       2. (b) Allows the entrance of an equal amount of makeup air;
    5. (5) Prevent the entry of insects and vermin; and
    6. (6) Do not open directly into the kitchen or food preparation areas;

11. K. Hand washing facilities are:

    1. (1) Located:

       1. (a) In each food preparation and processing area;
       2. (b) In each utensil washing area; and
       3. (c) Adjacent to all toilet rooms;
    2. (2) Accessible at all times;
    3. (3) Equipped with an adequate supply of hand-cleaning soap or detergent;

    4. (4) Equipped with a means of drying hands, such as:

       1. (a) Individual towels in dispensers; or
       2. (b) An effective hand-drying device;
    5. (5) Equipped with a waste receptacle; and
    6. (6) Kept clean and in good repair;

12. L. Hand sinks are:

    1. (1) Installed in accordance with applicable State and local laws, ordinances, and regulations;

    2. (2) Able to discharge:

       1. (a) Hot and cold running water; or

       2. (b) Tempered running water at a temperature of at least 100°F through:

          1. (i) A mixing valve;
          2. (ii) A combination faucet; or
          3. (iii) Any slow closing or metering faucet that provides a flow of water for at least 15 seconds before the faucet has to be reactivated; and
13. M. Utensil washing vats, food preparation sinks, or mop sinks are not used as hand sinks.

Authority: Agriculture Article, §4-311; Health-General Article, §§18-102, 21-101, 21-102, 21-211, 21-202, 21-234, 21-301, 21-304, 21-308,
21-309.1, 21-309.2, 21-324.1, and 21-330.1; Annotated Code of Maryland

Effective date: January 1, 1976 (2:28 Md. R. 1669)

Regulations .01; .02K, N, X; .03A, B; .05B; .06D, G; .07A—C; .08B amended and .02Q-1 adopted effective December 19, 1983 (10:25 Md. R. 2268)

Regulation .02X adopted effective September 21, 1979 (6:19 Md. R. 1518)

Regulations .03B, .05B, .07E, and .09B, C amended effective September 21, 1979 (6:19 Md. R. 1518)

Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1882); adopted permanently effective December 25, 1989 (16:25 Md. R. 2710)

Regulation .01B amended effective February 15, 1993 (20:3 Md. R. 259)

Regulation .01C adopted effective March 4, 1991 (18:4 Md. R. 447)

Regulation .02 repealed and new Regulation .02 adopted effective March 4, 1991 (18:4 Md. R. 447)

Regulation .02B amended effective February 15, 1993 (20:3 Md. R. 259); October 6, 1997 (24:20 Md. R. 1403); July 27, 1998 (25:15 Md. R. 1191)

Regulation .03G amended effective March 4, 1991 (18:4 Md. R. 447); February 15, 1993 (20:3 Md. R. 259); October 6, 1997 (24:20 Md. R. 1403)

Regulation .04B and F amended effective February 15, 1993 (20:3 Md. R. 259)

Regulation .04C amended effective October 6, 1997 (24:20 Md. R. 1403)

Regulation .06A amended effective March 4, 1991 (18:4 Md. R. 447)

Regulation .09A, B, and D amended effective March 4, 1991 (18:4 Md. R. 447)

Regulation .10 amended effective March 4, 1991 (18:4 Md. R. 447); February 15, 1993 (20:3 Md. R. 259); October 6, 1997 (24:20 Md. R. 1403)

Regulation .11 repealed and new Regulation .11 adopted effective March 4, 1991 (18:4 Md. R. 447)

Regulation .11B and C amended effective February 15, 1993 (20:3 Md. R. 259)

Regulation .12 recodified to Regulation .25 effective March 4, 1991

Regulations .12—.24 adopted effective March 4, 1991 (18:4 Md. R. 447)

Regulation .18A amended effective February 15, 1993 (20:3 Md. R. 259)

Form DHMH 205 repealed effective March 4, 1991 (18:4 Md. R. 447)

Regulations .01—.25 repealed and new Regulations .01—.39 adopted effective December 17, 2007 (34:25 Md. R. 2211)

Regulation .02B amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .02B amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .02B amended effective February 3, 2012 (39:1 Md. R. 17); March 4, 2013 (40:4 Md. R. 346); February 15, 2016 (43:3 Md. R. 272); December 31, 2018 (45:26 Md. R. 1245); October 5, 2020 (47:20 Md. R. 875); December 11, 2023 (50:24 M. R. 1042)

Regulation .04 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .04E amended effective February 15, 2016 (43:3 Md. R. 272)

Regulation .06 amended effective March 19, 2010 (37:4 Md. R. 341); October 5, 2020 (47:20 Md. R. 875)

Regulation .06C amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .07A amended effective January 6, 2014 (40:26 Md. R. 2163)

Regulation .07B amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .08B amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .09 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .09D amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .10 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .10A amended effective February 15, 2016 (43:3 Md. R. 272)

Regulation .11 amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .11C amended effective February 15, 2016 (43:3 Md. R. 272)

Regulation .12A amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .14F amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .14I amended effective February 3, 2012 (39:1 Md. R. 17)

Regulation .15 amended effective March 19, 2010 (37:4 Md. R. 341); October 5, 2020 (47:20 Md. R. 875)

Regulation .15A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .16 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .17G amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .18H, I amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .19A amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .20 amended effective March 4, 2013 (40:4 Md. R. 346)

Regulation .21 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .22B, I amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .23 amended effective February 3, 2012 (39:1 Md. R. 17)

Regulation .23L amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .24B amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .25 amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .25 amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .25A, B amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .25C amended effective December 31, 2018 (45:26 Md. R. 1245); October 5, 2020 (47:20 Md. R. 875)

Regulation .26 amended effective March 19, 2010 (37:4 Md. R. 341); October 5, 2020 (47:20 Md. R. 875)

Regulation .26G amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .27 amended effective March 19, 2010 (37:4 Md. R. 341); February 3, 2012 (39:1 Md. R. 17); March 4, 2013 (40:4 Md. R. 346); October 5, 2020 (47:20 Md. R. 875); December 11. 2023 (50:24 Md. R. 1042)

Regulation .27A amended effective December 27, 2021 (48:26 Md. R. 1111)

Regulation .27C amended effective February 15, 2016 (43:3 Md. R. 272); December 27, 2021 (48:26 Md. R. 1111)

Regulation .27C amended as an emergency provision effective November 27, 2024 (51:26 Md. R. 1185); amended permanently effective April 28, 2025 (52:8 Md. R. 358)

Regulation .28 amended effective February 3, 2012 (39:1 Md. R. 17)

Regulation .28C, E amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .28 amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .28G, J amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .28J, K adopted effective December 31, 2018 (45:26 Md. R. 1245)

Regulation .30B amended effective October 5, 2020 (47:20 Md. R. 875)

Regulation .30B, C amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .30C amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .32, Choking Posters, renamed, Required Postings and amended effective February 15, 2016 (43:3 Md. R. 272)

Regulation .33A, C amended effective March 19, 2010 (37:4 Md. R. 341)

Regulation .33C, D amended effective February 3, 2012 (39:1 Md. R. 17)

Regulation .38 amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83)

Regulation .40 adopted effective October 5, 2020 (47:20 Md. R. 875)