Public Health - Restaurants - Disclosure of Main Food Allergens

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0105*

HOUSE BILL 105
J1, C2 6lr0647
(PRE–FILED)
By: Delegate Foley
Requested: July 23, 2025
Introduced and read first time: January 14, 2026
Assigned to: Health

A BILL ENTITLED

AN ACT concerning 1

Public Health – Restaurants – Disclosure of Main Food Allergens 2

FOR the purpose of requiring restaurants to make available to each customer a written 3
disclosure of each main food allergen, if any, that is an ingredient in each menu item; 4
excluding a violation of th is Act from certain criminal penalties; and generally 5
relating to restaurants and the disclosure of main food allergens. 6

BY renumbering 7
Article – Health – General 8
Section 21–330.3 and 21–330.4 9
to be Section 21–330.4 and 21–330.5, respectively 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, without amendments, 13
Article – Education 14
Section 13–517(a)(1) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 13–517(a)(4) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22

BY adding to 23
Article – Health – General 24
Section 21–330.3 25
Annotated Code of Maryland 26
2 HOUSE BILL 105

(2023 Replacement Volume and 2025 Supplement) 1

BY repealing and reenacting, with amendments, 2
Article – Health – General 3
Section 21–1214 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2025 Supplement) 6

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That Section(s) 21–330.3 and 21–330.4 of Article – Health – General of the Annotated Code 8
of Maryland be renumbered to be Section(s) 21–330.4 and 21–330.5, respectively. 9

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11

Article – Education 12

13–517. 13

(a) (1) In this section the following words have the meanings indicated. 14

(4) (i) “Facility” means an agency, an association, a corporation, a firm, 15
a partnership, or any other entity. 16

(ii) “Facility” does not include a grocery store or restaurant that is 17
subject to [§ 21–330.3] § 21–330.4 of the Health – General Article. 18

Article – Health – General 19

21–330.3. 20

(A) IN THIS SECTION, “MAIN FOOD ALLERGEN” HAS THE MEANING STATED 21
IN 21 U.S.C. § 321. 22

(B) EACH RESTAURANT SHALL MAKE AVAILABLE TO EACH CUSTOMER A 23
WRITTEN DISCLOSURE O F EACH MAIN FOOD ALLERGEN , IF ANY , THAT IS AN 24
INGREDIENT IN EACH MENU ITEM. 25

(C) A RESTAURANT MAY SATISFY THE REQUIREMENT ESTABLISHED UNDER 26
SUBSECTION (B) OF THIS SECTION BY MAKING THE DISCLO SURE IN ANY 27
REASONABLY ACCESSIBLE FORM, INCLUDING: 28

(1) ON THE MENU; 29

(2) IN A SEPARATE INSERT OR HANDOUT; OR 30

HOUSE BILL 105 3

(3) IN AN ELECTRONIC OR DIGITAL FORMAT. 1

21–1214. 2

(a) (1) Except as provided in paragraph (2) of this subsection, any person who 3
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 4
Subtitle 3 of this title is guilty of a misdemeanor and on conviction is subject to: 5

(i) For a first offense, a fine not exceeding $1,000 or imprisonment 6
not exceeding 90 days, or both; and 7

(ii) For a second offense, a fine not exceeding $2,500 or imprisonment 8
not exceeding 1 year, or both. 9

(2) A person who violates § 21–330.1 OR § 21–330.3 of this title is not 10
subject to paragraph (1) of this subsection. 11

(b) In addition to any criminal penalties imposed under this section, a person who 12
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 13
Subtitle 3 of this title or any term, condition, or limitation of any license or registration 14
issued under Subtitle 3 of this title: 15

(1) Is liable for a civil penalty not exceeding $5,000, to be collected in a civil 16
action in the District Court for any county; and 17

(2) May be enjoined from continuing the violation. 18

(c) Each day on which a violation occurs is a separate violation under this section. 19

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21