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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1233*
HOUSE BILL 1233
J1 6lr1756
CF SB 714
By: Washington County Delegation
Introduced and read first time: February 11, 2026
Assigned to: Health
Committee Report: Favorable
House action: Adopted
Read second time: March 18, 2026
CHAPTER ______
AN ACT concerning 1
Washington County – Mobile Food Service Facilities and Semipermanent Food 2
Service Facilities – Toilet and Lavatory Facilities 3
FOR the purpose of exempting mobile food service facilities and semipermanent food 4
service facilities located in Washington County from the requirement that a food 5
service facility have a lavatory and toilet; and generally relating to mobile food 6
service facilities and semipermanent food service facilities in Washington County. 7
BY repealing and reenacting, without amendments, 8
Article – Health – General 9
Section 21–301(a) and (j–2) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Health – General 14
Section 21–301(i–1) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 21–309(a) and 21–325 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2025 Supplement) 22
2 HOUSE BILL 1233
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
21–301. 4
(a) In this subtitle the following words have the meanings indicated. 5
(I–1) “MOBILE FOOD SERVICE F ACILITY” MEANS A FOOD SERVICE FACILITY 6
WHICH IS A MECHANICA LLY, ELECTRICALLY, MANUALLY, OR OTHERWISE 7
PROPELLED VEHICLE OPERATING ON LAND OR WATER. 8
(j–2) (1) “Semipermanent food service facility” means a food service facility that: 9
(i) Is built at a location other than where it operates; 10
(ii) Is transported as a complete unit that does not require a building 11
permit to install on the location at which it operates; 12
(iii) Has no indoor seating for patrons; and 13
(iv) When serving cooked food, serves only foods cooked for 14
immediate service. 15
(2) “Semipermanent food service facility” does not include a food service 16
facility that is a mechanically, electrically, manually, or otherwise propelled vehicle 17
operating on land or water that moves as part of its routine operation to: 18
(i) Change location for sales; 19
(ii) Obtain food and other supplies; 20
(iii) Fill potable water supply holding tanks; 21
(iv) Empty wastewater holding tanks; or 22
(v) Provide for the cleaning and sanitation of equipment and 23
utensils. 24
21–309. 25
(a) (1) In this section the following terms have the meanings indicated. 26
HOUSE BILL 1233 3
(2) [“Mobile food service facility” means a food service facility which is a 1
mechanically, electrically, manually, or otherwise propelled vehicle operating on land or 2
water. 3
(3)] “On–farm food service facility” means a food service facility that: 4
(i) Is located on a farm; 5
(ii) Serves food as designated by the Department; and 6
(iii) Operates during a period of time of not more than 30 consecutive 7
days with up to two renewals in a 1–year period. 8
[(4)] (3) “Temporary food service facility” means a food service facility 9
which operates during a period of time of not more than 30 consecutive days at a fixed 10
location in conjunction with a fair, carnival, public exhibition, construction project, 11
recreational facility, or similar gathering. 12
21–325. 13
(a) Subject to subsection (d) of this section, each food establishment shall have: 14
(1) A convenient toilet that is: 15
(i) Except as provided in subsection (c) of this section, separated 16
from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or 17
distributed; 18
(ii) Kept in a sanitary condition; and 19
(iii) Properly ventilated; and 20
(2) A convenient lavatory that is: 21
(i) Supplied with soap, water, towels, or other approved hand drying 22
devices; 23
(ii) Kept in a sanitary condition; and 24
(iii) Properly ventilated. 25
(b) (1) THIS SUBSECTION DOES NOT APPLY TO A MOBILE FOOD SERVICE 26
FACILITY OR A SEMIPE RMANENT FOOD SERVICE FACILITY LOCATED IN 27
WASHINGTON COUNTY. 28
4 HOUSE BILL 1233
(2) Each food service facility which prepares food and provides seating for 1
patrons established after January 1, 1979, shall have available for the public: 2
[(1)] (I) A convenient toilet that is kept in a sanitary condition; and 3
[(2)] (II) A convenient lavatory that is: 4
[(i)] 1. Supplied with soap, water, towels, or other approved hand 5
drying devices; 6
[(ii)] 2. Kept in a sanitary condition; and 7
[(iii)] 3. Properly ventilated. 8
(c) A room that houses a toilet may be constructed within a larger room in which 9
food is manufactured, prepared, packed, canned, frozen, sold, or distributed. 10
(d) (1) This subsection applies only to a food establishment that is: 11
(i) A business that conducts agritourism, as defined in § 4 –212 of 12
the Land Use Article; 13
(ii) A Class 4 limited winery licensed under § 2–206 of the Alcoholic 14
Beverages and Cannabis Article; and 15
(iii) A Class 8 farm brewery licensed under § 2 –210 of the Alcoholic 16
Beverages and Cannabis Article. 17
(2) A food establishment may comply with the requirement to provide a 18
convenient lavatory by providing a portable chemical toilet that: 19
(i) Otherwise meets the requirements of subsection (a)(2) or [(b)(2)] 20
(B)(2)(II) of this section; and 21
(ii) Is placed at least 25 feet from a well. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24