§ 13-10-101. REGULATIONS GOVERNING FOOD SERVICE FACILITIES.

(a)

Definitions.

(1)

In this section, the following words, as used in the Code of Maryland Regulations (COMAR) as cited in this section, have the meanings indicated.

(2)

"Approving authority" means the Department of Environmental Protection and Sustainability or the Department's designee.

(3)

"License" means a document issued by the county indicating the authority to operate a food service facility or a special food service facility and indicating compliance with this section and the Baltimore County Food Service Facilities Regulations.

(4)

"Priority assessment" means a determination of the potential for an outbreak of food-borne illness to occur from food products consumed from a food service facility as high, moderate, or low priority.

(b)

Adoption of COMAR regulations. The state regulations governing food service facilities in COMAR 10.15.03 are adopted as the county regulations governing food service facilities and are incorporated by reference in this section as if set out in full in this section.

(c)

Authority to amend the regulations. As necessary in the interest of public safety, health, and general welfare, the Director may:

(1)

Amend the COMAR regulations adopted in this section, in a manner not in conflict with the COMAR regulations, by adoption of further regulation in accordance with Article 3, Title 7 of the Code in order to interpret and implement the provisions to further their application in the county; and

(2)

Prepare necessary procedures for implementation of the provisions.

(d)

Establishment of review committee.

(1)

The approving authority shall appoint a review committee to act in an advisory capacity in the adoption of regulations and in the establishment of policies.

(2)

The committee shall be composed of at least five members including representatives of local and state regulatory agencies, the food service industry, and the consuming public.

(e)

Review of regulations. The approving authority shall cause the regulations adopted in accordance with this section to be reviewed every even-numbered year.

(f)

License fees. The approving authority shall establish an annual license fee schedule based on priority assessment and the anticipated cost of licensing, inspecting, and regulating all food service facilities.

(g)

Enforcement. The approving authority may enforce the provisions of this section in accordance with Article 3, Title 6 of the Code.

(1988 Code, § 17-3) (Bill No. 173, 1989, § 2, 1-26-1990; Bill No. 185, 1990, § 1, 11-26-1990; Bill No. 105-00, § 2, 7-1-2004; Bill No. 82-06, § 4, 8-24-2006; Bill No. 122-10, § 6, 1-16-2011)