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*hb0272*
HOUSE BILL 272
J1 6lr0202
(PRE–FILED) CF 6lr0201
By: Chair, Health Committee (By Request – Departmental – Health)
Requested: September 17, 2025
Introduced and read first time: January 14, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 14, 2026
CHAPTER ______
AN ACT concerning 1
Food Establishments – Lavatory Requirement and On–Farm Food Service 2
Facility License 3
FOR the purpose of altering the type of toilet that certain food establishments may use to 4
comply with the requirement to provide a convenient lavatory; requiring that the fee 5
for an on –farm food service facility license b e determined by the Maryland 6
Department of Health based on certain factors and prohibiting the fee from 7
exceeding a certain amount; establishing the term of an on –farm service facility 8
license; requiring the Department, in consultation with certain other d epartments 9
and certain stakeholders , to adopt regulations governing on –farm service facility 10
licenses; and generally relating to food establishments. 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 21–309(a), (b), and (c) and 21–325(d) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Health – General 18
Section 21–309.3 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2025 Supplement) 21
2 HOUSE BILL 272
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
21–325. 4
(d) (1) This subsection applies only to a food establishment that is: 5
(i) A business that conducts agritourism, as defined in § 4 –212 of 6
the Land Use Article; 7
(ii) A Class 4 limited winery licensed under § 2–206 of the Alcoholic 8
Beverages and Cannabis Article; and 9
(iii) A Class 8 farm brewery licensed under § 2 –210 of the Alcoholic 10
Beverages and Cannabis Article. 11
(2) A food establis hment may comply with the requirement to provide a 12
convenient lavatory by providing a portable [chemical] toilet that: 13
(i) Otherwise meets the requirements of subsection (a)(2) or (b)(2) of 14
this section; and 15
(ii) Is placed at least 25 feet from a well. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Health – General 19
21–309. 20
(a) (1) In this section the following terms have the meanings indicated. 21
(2) “Mobile food service facility” means a food service facility which is a 22
mechanically, electrically, manually, or otherwise propelled vehicle operating on land or 23
water. 24
[(3) “On–farm food service facility” means a food service facility that: 25
(i) Is located on a farm; 26
(ii) Serves food as designated by the Department; and 27
(iii) Operates during a period of time of not more than 30 consecutive 28
days with up to two renewals in a 1–year period.] 29
HOUSE BILL 272 3
[(4)] (3) “Temporary food service facility” means a food service facility 1
which operates during a period of time of not more than 30 consecutive days at a fixed 2
location in conjunction with a fair, carnival, public exhibition, construction project, 3
recreational facility, or similar gathering. 4
(b) (1) Except as provided in § 10–226 of the State Government Article and in 5
[paragraphs] PARAGRAPH (2) [and (3)] of this subsection, and unless it is renewed for 6
another term, a license expires 1 year from the date of issuance or renewal or as provided 7
by local law, ordinance, or regulation in accordance with § 21–304(b) and (c) of this subtitle. 8
(2) Except as provided in § 10 –226 of the State Government Article, a 9
license to operate a temporary food service facility expires at the conclusion of the 10
underlying event or after 30 consecutive days of operatio n, whichever is earlier, or as 11
provided by local law, ordinance, or regulation in accordance with § 21 –304(b) and (c) of 12
this subtitle. 13
[(3) (i) Except as provided in § 10–226 of the State Government Article, 14
a license to operate an on–farm food service facility expires after 30 consecutive days unless 15
it is renewed in accordance with subparagraph (ii) of this paragraph. 16
(ii) An on –farm food service facility may renew an on –farm food 17
service facility license up to two times within a 1–year period.] 18
(c) Except in the case of a temporary food service facility, including a mobile food 19
service facility which operates solely as a temporary food service facility, [or an on –farm 20
food service facility,] at least 1 month before the license expires, the Department shall send 21
to the licensee, by first–class mail to the last known address of the licensee, a renewal notice 22
that states: 23
(1) The date on which the current license expires; and 24
(2) The date by which the completed renewal application must be received 25
by the Department for the renewal to be issued and mailed before the license expires. 26
21–309.3. 27
(A) IN THIS SECTION, “ON–FARM FOOD SERVICE FACILITY” MEANS A FOOD 28
SERVICE FACILITY THAT: 29
(1) IS LOCATED ON A FARM; AND 30
(2) SERVES FOOD AS DESIGNATED BY THE DEPARTMENT. 31
(B) THERE IS AN ON–FARM FOOD SERVICE FACILITY LICENSE. 32
4 HOUSE BILL 272
(C) THE FEE FOR AN ON–FARM FOOD SERVICE FACILITY LICENSE: 1
(1) SHALL BE DETERMINED B Y THE DEPARTMENT BASED ON T HE 2
ANTICIPATED COST OF LICENSING, INSPECTING, AND REGULATING LICENSEES; AND 3
(2) MAY NOT EXCEED $100. 4
(D) (1) AN ON–FARM FOOD SERVICE FACILITY LICENSE SHALL BE VALID 5
FOR A PERIOD OF 1 YEAR. 6
(2) EXCEPT AS PROVIDED IN § 10–226 OF THE STATE GOVERNMENT 7
ARTICLE AND UNLESS IT IS RENEWED FOR ANOTH ER TERM , AN ON –FARM FOOD 8
SERVICE FACILITY LIC ENSE EXPIRES 1 YEAR FROM THE DATE O F ISSUANCE OR 9
RENEWAL OR AS PROVID ED BY LOCAL LAW , ORDINANCE, OR REGULATION IN 10
ACCORDANCE WITH § 21–304(B) AND (C) OF THIS SUBTITLE. 11
(E) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE 12
ENVIRONMENT AND, THE DEPARTMENT OF AGRICULTURE, AND KEY 13
STAKEHOLDERS, INCLUDING THE APPROP RIATE DELEGATED APPR OVAL 14
AUTHORITY AND AT LEA ST ONE REPRESENTATIV E OF COUNTY GOVERNME NTS 15
DESIGNATED BY THE MARYLAND ASSOCIATION OF COUNTIES, SHALL ADOPT 16
REGULATIONS FOR AN ON–FARM FOOD SERVICE FACILITY REGARDING: 17
(1) ACCESS TO WATER FOR HANDWASHING AND FOOD PREPARATION; 18
(2) MANAGEMENT OF WASTEWATER; 19
(3) OUTDOOR COOKING AND FOOD PREPARATION; 20
(4) THE USE OF ON –FARM STRUCTURES FOR FOOD PREPARATION 21
AND PATRON SEATING; 22
(5) CONSISTENT WITH § 21–325(D) OF THIS SUBTITLE , TOILETING 23
FACILITIES; AND 24
(6) OTHER REQUIREMENTS AS NECESSARY FOR THE PROTECTION OF 25
PUBLIC HEALTH. 26
(F) IN ADOPTING REGULATIONS UNDER SUBSECTION (E) OF THIS SECTION, 27
THE DEPARTMENT MAY CONSIDER: 28
(1) THE NUMBER OF INDIVID UALS EXPECTED TO PAT RONIZE AN 29
ON–FARM FOOD SERVICE FACILITY; 30
HOUSE BILL 272 5
(2) THE EXPECTED FREQUENCY OF OPERATION; 1
(3) HOW TO ASSESS CONSIDER THE CURRENT OR PLANNED PHYSICAL 2
STRUCTURES ASSOCIATED WITH AN ON–FARM FOOD SERVICE FACILITY; AND 3
(4) HOW TO ASSESS WHETHER THE ANTICIPATED OPERATION OF AN 4
ON–FARM FOOD SERVICE FA CILITY IS CONSISTENT WITH THE CONTINUED 5
OPERATION OF THE FARM ON WHICH IT IS LOCATED. 6
(G) THIS SECTION MAY NOT BE CONSTRUED TO: 7
(1) LIMIT THE APPLICATION OF ANY CURRENT OR FU TURE 8
APPLICABLE BUILDING CODES, ZONING CODES , LAND USE DESIGNATION S, OR 9
PUBLIC HEALTH AND SA FETY REGULATIONS ENA CTED BY A COUNTY OR OTHER 10
LOCAL GOVERNMENT TO AN ON–FARM FOOD SERVICE FACILITY; OR 11
(2) AUTHORIZE THE DEPARTMENT TO: 12
(I) CONDUCT OR REQUIRE AN ASSESSMENT OF THE VALUE OF 13
REAL PROPERTY; 14
(II) EVALUATE REAL PROPERT Y FOR THE PURPOSE OF 15
VALUATION OR TAXATION; OR 16
(III) EXERCISE ANY AUTHORITY OTHERWISE RESERVED TO THE 17
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION UNDER THE TAX – 18
PROPERTY ARTICLE. 19
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 20
effect January 31, 2027. 21
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 22
3 of this Act, this Act shall take effect July 1, 2026. 23