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*sb0866*
SENATE BILL 866
J1 6lr2086
CF HB 1048
By: Senator A. Washington
Introduced and read first time: February 6, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 5, 2026
CHAPTER ______
AN ACT concerning 1
Public Health – Chain Restaurants – Disclosure and Notice to Customers of 2
Sodium and Added Sugars Warning Icons 3
FOR the purpose of requiring the Maryland Department of Health to adopt certain 4
regulations relating to the sale of food items with a high added sugars content or 5
high sodium content by a chain restaurant by a certain date and to administer a 6
certain continuing education campaign direct chain restaurants to its website within 7
a certain time for a certain purpose; requiring certain chain restaurants to display a 8
certain icons next to disclosure and notice regarding food items with a high added 9
sugars content or high sodium content on each menu or menu board; and generally 10
relating to chain restaurants and high sodium and added sugars menu icons items. 11
BY renumbering 12
Article – Health – General 13
Section 21–330.3 and 21–330.4 14
to be Section 21–330.4 and 21–330.5, respectively 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 13–517(a)(1) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
2 SENATE BILL 866
BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 13–517(a)(4) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Health – General 7
Section 21–301(a) and (h) 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Health – General 12
Section 21–330.3 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 21–1214 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That Section(s) 21–330.3 and 21–330.4 of Article – Health – General of the Annotated Code 22
of Maryland be renumbered to be Section(s) 21–330.4 and 21–330.5, respectively. 23
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
as follows: 25
Article – Education 26
13–517. 27
(a) (1) In this section the following words have the meanings indicated. 28
(4) (i) “Facility” means an agency, an association, a corporation, a firm, 29
a partnership, or any other entity. 30
(ii) “Facility” does not include a grocery store or restaurant that is 31
subject to [§ 21–330.3] § 21–330.4 of the Health – General Article. 32
Article – Health – General 33
21–301. 34
SENATE BILL 866 3
(a) In this subtitle the following words have the meanings indicated. 1
(h) (1) “Food service facility” means: 2
(i) A place where food or drink is prepared for sale or service on the 3
premises or elsewhere; or 4
(ii) Any operation where food is served to or provided for the public, 5
with or without charge. 6
(2) “Food service facility” includes a micro market licensed under Title 17, 7
Subtitle 17 of the Business Regulation Article. 8
(3) “Food service facility” does not include: 9
(i) A kitchen in a private home where food is prepared at no charge 10
for guests in the home, for guests at a social gathering, or for service to unemployed, 11
homeless, or other disadvantaged populations; 12
(ii) A food preparation or serving area where food is prepared or 13
served only by an excluded organization; 14
(iii) A location in a farmer’s market or at a public festival or event 15
where raw agricultural products, as defined in § 21–304(d)(1)(iii) of this subtitle, are sold; 16
or 17
(iv) A cottage food business. 18
21–330.3. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “CHAIN RESTAURANT” MEANS A FOOD SERVICE FACILITY THAT IS: 22
(I) IS PART OF A CHAIN WITH 20 OR MORE LOCATIONS DO ING 23
BUSINESS UNDER THE SAME NAME, REGARDLESS OF OWNERSHIP STRUCTURE, AND 24
OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS; AND 25
(II) IS SUBJECT TO FEDERAL LABELING REQUIREMENTS UNDER 26
21 U.S.C. § 343(Q)(5)(H). 27
(3) “HIGH ADDED SUGARS CONTENT” MEANS 25 MILLIGRAMS GRAMS 28
OR MORE OF ADDED SUGARS PER SERVING. 29
4 SENATE BILL 866
(4) “HIGH SODIUM CONTENT” MEANS 1,150 MILLIGRAMS OR MORE OF 1
SODIUM PER SERVING. 2
(5) “MENU” OR “MENU BOARD ” MEANS THE PRIMARY WR ITING 3
SOURCE FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION. 4
(6) “POINT OF SELECTION” MEANS A PLACE WHERE A CUSTOMER MAY 5
VIEW THE MENU AND MAKE A SELECTION TO PURCHASE A MENU ITEM. 6
(7) (6) (I) “STANDARD MENU ITEM ” MEANS A FOOD OR 7
BEVERAGE ITEM THAT IS LISTED ON A MENU OR MENU BOARD. 8
(II) “STANDARD MENU ITEM ” DOES NOT INCLUDE A F OOD OR 9
BEVERAGE ITEM THAT A PPEARS ON A MENU OR MENU BOARD FOR LESS THAN 60 10
CALENDAR DAYS PER YEAR. 11
(B) ON OR BEFORE JANUARY 1, 2027, THE DEPARTMENT SHALL ADOP T 12
REGULATIONS TO: 13
(1) ESTABLISH A H IGH SODIUM CONTENT W ARNING ICON AND 14
ACCOMPANYING TEXT; 15
(2) ESTABLISH A HIGH ADDED SUGARS CONTENT WARNING ICON AND 16
ACCOMPANYING TEXT; 17
(3) ESTABLISH A MINIMUM SIZE FOR EACH WARNING ICON THAT IS AT 18
LEAST AS LARGE AS TH E LARGEST TEXT CHARA CTER USED IN T HE NAME OF THE 19
MENU ITEM THAT THE I CON WILL BE DISPLAYE D NEXT TO ON THE MEN U OR MENU 20
BOARD; AND 21
(4) IMPLEMENT THIS SECTION. 22
(C) CONCURRENT WITH THE A DOPTION OF REGULATIO NS UNDER 23
SUBSECTION (B) OF THIS SECTION , THE DEPARTMENT SHALL PUBL ISH GUIDANCE 24
ON ITS WEBSITE THAT DET AILS THE PURPOSE OF AND HOW A CHAIN REST AURANT 25
MAY COMPLY WITH THE REQUIREMENTS OF THIS SECTION. 26
(D) DURING CALENDAR YEAR 2027, THE DEPARTMENT SHALL ADMINISTER 27
A CONTINUING EDUCATI ON CAMPAIGN THAT EXP LAINS DIRECT CHAIN 28
RESTAURANTS TO ITS WEBSITE FOR THE PURPOSE OF EXPLAINING THE PURPOSE OF 29
AND HOW A CHAIN REST AURANT MAY COMPLY WI TH THE REQUIREMENTS OF THIS 30
SECTION. 31
SENATE BILL 866 5
(E) (C) BEGINNING JANUARY 1, 2028 2027, EACH CHAIN RESTAURANT IN 1
THE STATE SHALL DISPLAY O N EACH MENU OR MENU BOARD A WRITTEN 2
DISCLOSURE AND NOTICE TO CUSTOMERS THAT: 3
(1) NEXT TO EACH STANDARD MENU ITEM WITH A HIG H SODIUM 4
CONTENT, THE HIGH SODIUM CONT ENT WARNING ICON AND ACCOMPANYING TEXT 5
ESTABLISHED IN REGULATIONS ADOPTED UNDER SUBSECTION (B) OF THIS SECTION 6
STANDARD MENU ITEMS MAY CONTAIN HIGH SODIUM OR HIGH SUGAR; AND 7
(2) NEXT TO EACH STANDARD MENU ITEM WITH A HIG H ADDED 8
SUGARS CONTENT , THE HIGH ADDED SUGAR S CONTENT WARNING IC ON AND 9
ACCOMPANYING TEXT ES TABLISHED IN REGULAT IONS ADOPTED UNDER 10
SUBSECTION (B) OF THIS SECTION FULL NUTRITIONAL INFORMATION IS AVAILABLE 11
THROUGH A QUICK RESPONSE (QR) CODE, ONLINE, OR BY REQUEST. 12
(D) A CHAIN RESTAURANT MAY COMPLY WITH SUBSECTI ON (C) OF THIS 13
SECTION BY MAKING TH E FULL NUTRITIONAL I NFORMATION OF THE FO OD OR 14
BEVERAGE ITEM AVAILABLE: 15
(1) THROUGH USE OF A QUICK RESPONSE (QR) CODE THAT LINKS TO 16
THE CHAIN RESTAURANT’S ONLINE NUTRITIONAL INFORMATION; AND 17
(2) ON REQUEST OF A CUSTOMER, IN ANY PRINTED FORMAT. 18
(F) (1) IF THE CHAIN RESTAURANT IS REQUIRED TO DISPLAY A WARNING 19
ICON AND ACCOMPANYING TEXT UNDER SUBSECTION (E)(1) OF THIS SECTION, THE 20
FOLLOWING TEXT SHALL BE PROMINENTLY , CLEARLY, AND CONSPICUOUSLY 21
DISPLAYED AT THE POI NT OF SELECTION LEAST ONCE ON EACH M ENU OR MENU 22
BOARD: 23
“THE HIGH SODIUM CONTENT WARNING ICON INDICATES A MENU ITEM WITH 24
A SODIUM (SALT) CONTENT THAT EXCEEDS HALF THE TOTAL DAILY RECOMMENDED 25
LIMIT. DIETS HIGHER IN SODIU M ARE ASSOCIATED WIT H AN INCREASED RISK OF 26
DEVELOPING HIGH BLOOD PRESSURE, WHICH IS A MAJOR CAUSE OF HEART DISEASE 27
AND STROKE.”. 28
(2) IF THE CHAIN RESTAURANT IS REQUIRED TO DISPLAY A WARNING 29
ICON AND ACCOMPANYING TEXT UNDER SUBSECTION (E)(2) OF THIS SECTION, THE 30
FOLLOWING TEXT SHALL BE PROMINENTLY , CLEARLY, AND CONSPICUOUSLY 31
DISPLAYED AT THE POINT OF SELECTION LEAST ONCE ON EACH M ENU OR MENU 32
BOARD: 33
6 SENATE BILL 866
“THE HIGH ADDED SUGARS CONTENT WARNING ICON INDICATES A MENU ITEM 1
WITH A SUGAR CONTENT THAT EXCEEDS HALF TH E TOTAL DAILY RECOMM ENDED 2
LIMIT. DIETS WITH HIGHER AMOUNTS OF ADDED SUGARS OVER TIME MAY INCREASE 3
THE RISK OF TYPE 2 DIABETES, WEIGHT GAIN, AND TOOTH DECAY.”. 4
(G) ON OR BEFORE JULY 1, 2032, THE DEPARTMENT SHALL SUBM IT A 5
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 6
STATE GOVERNMENT ARTICLE, THAT: 7
(1) REVIEWS ANY EVIDENCE OF THE IMPACT OF THE REQUIREMENTS 8
ESTABLISHED UNDER THIS SECTION, INCLUDING: 9
(I) WHETHER AND TO WHAT E XTENT ANY STANDARD M ENU 10
ITEMS WERE REFORMULATED; AND 11
(II) WHETHER AND HOW CONSUMER BEHAVIOR CHANGED; AND 12
(2) RECOMMENDS ANY ADDI TIONAL NUTRITION –RELATED MENU 13
WARNING ICONS THAT SHOULD BE CONSIDERED. 14
21–1214. 15
(a) (1) Except as provided in paragraph (2) of this subsection, any person who 16
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 17
Subtitle 3 of this title is guilty of a misdemeanor and on conviction is subject to: 18
(i) For a first offense, a fine not exceeding $1,000 or imprisonment 19
not exceeding 90 days, or both; and 20
(ii) For a second offense, a fine not exceeding $2,500 or imprisonment 21
not exceeding 1 year, or both. 22
(2) A person who violates § 21 –330.1 OR § 21–330.3 of this title is not 23
subject to paragraph (1) of this subsection. 24
(b) In addition to any criminal penalties imposed under this section, a person who 25
violates any provision of Subtitle 3 of this title or any rule or regulation adopted under 26
Subtitle 3 of this title or any term, condition, or limitation of any license or registration 27
issued under Subtitle 3 of this title: 28
(1) Is liable for a civil penalty not exceeding $5,000, to be collected in a civil 29
action in the District Court for any county; and 30
(2) May be enjoined from continuing the violation. 31
SENATE BILL 866 7
(c) Each day on which a violation occurs is a separate violation under this section. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2026. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.