EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0559*
HOUSE BILL 559
J1, A1, M4 5lr2329
CF 5lr2027
By: Delegate T. Morgan
Introduced and read first time: January 23, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Food Establishments – Portable Chemical Toilets 2
FOR the purpose of authorizing certain food establishments to comply with the 3
requirement to provide a convenient lavatory by providing a portable chemical toilet 4
that otherwise meets certain requirements; and generally relating to food 5
establishments. 6
BY repealing and reenacting, with amendments, 7
Article – Health – General 8
Section 21–325 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
21–325. 15
(a) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH food 16
establishment shall have: 17
(1) A convenient toilet that is: 18
(i) Except as provided in subsection (c) of this section, separated 19
from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or 20
distributed; 21
(ii) Kept in a sanitary condition; and 22 2 HOUSE BILL 559
(iii) Properly ventilated; and 1
(2) A convenient lavatory that is: 2
(i) Supplied with soap, water, towels, or other approved hand drying 3
devices; 4
(ii) Kept in a sanitary condition; and 5
(iii) Properly ventilated. 6
(b) Each food service facility which prepares food and provides seating for patrons 7
established after January 1, 1979, shall have available for the public: 8
(1) A convenient toilet that is kept in a sanitary condition; and 9
(2) A convenient lavatory that is: 10
(i) Supplied with soap, water, towels, or other approved hand drying 11
devices; 12
(ii) Kept in a sanitary condition; and 13
(iii) Properly ventilated. 14
(c) A room that houses a toilet may be constructed within a larger room in which 15
food is manufactured, prepared, packed, canned, frozen, sold, or distributed. 16
(D) (1) THIS SUBSECTION APPLI ES ONLY TO A FOOD ES TABLISHMENT 17
THAT IS: 18
(I) A BUSINESS THAT CONDUC TS AGRITOURISM , AS DEFINED IN 19
§ 4–212 OF THE LAND USE ARTICLE; 20
(II) A CLASS 4 LIMITED WINERY LICEN SED UNDER § 2–206 OF 21
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE; AND 22
(III) A CLASS 8 FARM BREWERY LICENSE D UNDER § 2–210 OF 23
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 24
(2) A FOOD ESTABLISHMENT M AY COMPLY WITH THE R EQUIREMENT 25
TO PROVIDE A CONVENI ENT LAVATORY BY PROV IDING A PORTABL E CHEMICAL 26
TOILET THAT OTHERWIS E MEETS THE REQUIREM ENTS OF SUBSECTION (A)(2) OR 27
(B)(2) OF THIS SECTION. 28
HOUSE BILL 559 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
1, 2025. 2