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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0181*
HOUSE BILL 181
J1, C2 6lr1442
(PRE–FILED)
By: Delegate Woods
Requested: October 29, 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 restaurant s to make available to each customer a certain 3
written disclosure of each main food allergen, if any, that the restaurant knows or 4
reasonably should know is an ingredient in each menu item; and generally relating 5
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 181
(2023 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, without 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) THIS SECTION DOES NOT APPLY TO PREPACKAGED FOODS THAT ARE 23
SUBJECT TO FEDERAL L ABELING REQUIREMENTS FOR MAIN FOOD ALLERG ENS 24
UNDER 21 U.S.C. § 343. 25
(C) (1) A RESTAURANT SHALL MAKE AVAILABLE TO EACH CUSTOMER A 26
WRITTEN DISCLOSURE O F EACH MAIN FOOD ALLERGEN , IF ANY , THAT THE 27
RESTAURANT KNOWS OR REASONABLY SHOULD KNOW IS CONTAINED AS AN 28
INGREDIENT IN EACH MENU ITEM. 29
(2) THE WRITTEN DISCLOSURE SHALL USE THE COMM ON NAMES OF 30
THE MAIN FOOD ALLERGEN OR STANDARDIZED PICTOGRAMS TO COMMUNICATE THE 31
PRESENCE OF A MAIN FOOD ALLERGEN. 32
HOUSE BILL 181 3
(D) A RESTAURANT MAY SATIS FY THE DISCLOSURE REQUIREMENT 1
ESTABLISHED UNDER SUBSECTION (C) OF THIS SECTION BY: 2
(1) INCLUDING A WRITTEN DISCLOSURE ON THE RESTAURANT’S 3
MENU; 4
(2) MAKING THE WRITTEN DISCLOSU RE AVAILABLE IN A DIGITAL 5
FORMAT, INCLUDING THROUGH THE USE OF A QUICK RESPONSE (QR) CODE THAT 6
LINKS TO THE RESTAURANT’S DIGITAL MENU; OR 7
(3) MAKING THE WRITTEN DISCLOSURE AVAILABLE THROUGH: 8
(I) A SEPARATE ALLERGEN–SPECIFIC MENU; 9
(II) AN ALLERGEN CHART; 10
(III) AN ALLERGEN GRID; 11
(IV) AN ALLERGEN BOOKLET; OR 12
(V) ANY OTHER WRITTEN MATERIAL. 13
21–1214. 14
(a) (1) Except as provided in paragraph (2) of this subsection, any person who 15
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 16
Subtitle 3 of this title is guilty of a misdemeanor and on conviction is subject to: 17
(i) For a first offense, a fine not exceeding $1,000 or imprisonment 18
not exceeding 90 days, or both; and 19
(ii) For a second offense, a fine not exceeding $2,500 or imprisonment 20
not exceeding 1 year, or both. 21
(2) A person who violates § 21–330.1 of this title is not subject to paragraph 22
(1) of this subsection. 23
(b) In addition to any criminal penalties imposed under this section, a person who 24
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 25
Subtitle 3 of this title or any term, condition, or limitation of any license or registrati on 26
issued under Subtitle 3 of this title: 27
(1) Is liable for a civil penalty not exceeding $5,000, to be collected in a civil 28
action in the District Court for any county; and 29
4 HOUSE BILL 181
(2) May be enjoined from continuing the violation. 1
(c) Each day on which a violation occurs is a separate violation under this section. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4