1. A. For a special food service facility that handles only potentially hazardous food that remains in the original container or wrapping and that does not prepare, wrap, or package the food at the facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with Regulations .01—.06, .08, .12—.14, .15A(3)—(5), .19—.23, .25, .28—.33, and .35—.39 of this chapter; and
   2. (2) When single service articles are used, the single service articles comply with Regulation .17H of this chapter.

2. B. For a special food service facility that handles food that is removed from the original package or that prepares, packages, or wraps food at the facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with Regulations .01—.06, .08—.14, .15A(3)—(10), .16—.25, and .28—.39 of this chapter;
   2. (2) The premises are kept clean and free of litter or rubbish;
   3. (3) If permanent toilet facilities are not required, temporary toilet facilities are made available and maintained in a sanitary manner;

   4. (4) Except as provided in §D(2) of this regulation, adequate hand washing facilities are provided by:

      1. (a) Where potable water under pressure is available, a hand sink as set forth in Regulation .18K and L of this chapter; or

      2. (b) Another hand washing facility that has:

         1. (i) Warm water;
         2. (ii) Soap; and
         3. (iii) Paper towels; and
   5. (5) Wastewater from hand washing, food preparation, and cleaning is disposed of in accordance with State and local laws, regulations, and ordinances.

3. C. For a special food service facility that is a mobile unit, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with either §A or B of this regulation as applicable;
   2. (2) Equipment components of the mobile unit are in compliance with Regulation .15A(1) and (2) or B of this chapter;
   3. (3) A hand washing sink is provided as set forth in Regulation .18K and L of this chapter;
   4. (4) Potable water tanks are used to provide water for hand washing and, where applicable, for food preparation and utensil cleaning;
   5. (5) Wastewater tanks are used to hold wastewater pending disposal at a facility in a manner that conforms with State and local laws, regulations, and ordinances;

   6. (6) Subject to §C(8) and (9) of this regulation, a base of operations is established that provides:

      1. (a) A source of potable water, potable water hoses, and clean connections;
      2. (b) A method for the disposal of sewage;
      3. (c) Clean, adequate, and covered trash receptacles;
      4. (d) A storage area for single serve food items; and

      5. (e) If necessary:

         1. (i) Refrigerated and dry food storage areas; and
         2. (ii) A utensil washing facility.
   7. (7) The base of operation is located within 90 miles of the licensing county;
   8. (8) For a mobile food service facility not seeking a mobile reciprocity license, a base of operations as set forth in §C(6) and (7) of this regulation is established by May 1, 2020;
   9. (9) A base of operations is not required for a mobile food service facility that offers only prepackaged frozen desserts;
   10. (10) A valid license from the county of origin is maintained; and
   11. (11) Compliance is maintained with all applicable State and local laws and regulations in the jurisdiction in which it is operating.

4. D. For a special food service facility that is a temporary food service facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with either §A or B of this regulation as applicable, except that no compliance with Regulations .21 and .22 of this chapter is required;

   2. (2) Where potable water under pressure is not available, sufficient containerized potable water is provided for:

      1. (a) Hand washing; and
      2. (b) Rinsing utensils; and
   3. (3) The period of time that the facility operates is limited to the time stated in Regulation .02B(80) of this chapter.

5. E. For a special food service that is a bed and breakfast, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with either §A or B of this regulation as applicable;
   2. (2) The facility serves hot meals only to renters; and
   3. (3) The facility does not operate as a restaurant or caterer.

6. F. For a special food service facility that is a semi-permanent food service facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with either §A or B of this chapter as applicable;
   2. (2) A connection to potable water is maintained as a critical item, as set forth in Regulation .18A of this chapter;
   3. (3) Hand sinks are provided and maintained as set forth in Regulation .18K and L of this chapter; and
   4. (4) A connection to a sewage disposal system is provided and maintained as a critical item that meets applicable State and local laws, regulations, and ordinances.

7. G. For a special food service facility that is an on-farm food service facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with either §A or B of this regulation as applicable, except that no compliance with Regulations .21 and .22 of this chapter is required;
   2. (2) Hand washing stations are provided in close proximity to the food service facility for use by customers;
   3. (3) Signs are displayed prominently at the hand washing stations stating “In the interests of public health, please wash your hands thoroughly before entering or handling food.”; and
   4. (4) The period of time that the facility operates is limited to the time in Regulation .02B(48) of this chapter.

8. H. For a special food service facility that is a seasonal farmer’s market producer sampling food service facility, the person-in-charge shall ensure that:

   1. (1) Compliance is maintained with §B of this regulation when food is removed from the original package or food is prepared at the facility, except that no compliance with Regulations .21 and .22 of this chapter is required;

   2. (2) Where potable water under pressure is not available, sufficient containerized potable water is provided for:

      1. (a) Hand washing; and
      2. (b) Rinsing utensils; and
   3. (3) The period of time that the facility operates is limited to the time stated in Regulation .02B(70) of this chapter.

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)