EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*hb0559*
HOUSE BILL 559
J1, A1, M4 (5lr2329)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by Delegate T. Morgan
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 2 HOUSE BILL 559
Article – Health – General 1
21–325. 2
(a) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH food 3
establishment shall have: 4
(1) A convenient toilet that is: 5
(i) Except as provided in subsection (c) of this section, separated 6
from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or 7
distributed; 8
(ii) Kept in a sanitary condition; and 9
(iii) Properly ventilated; and 10
(2) A convenient lavatory that is: 11
(i) Supplied with soap, water, towels, or other approved hand drying 12
devices; 13
(ii) Kept in a sanitary condition; and 14
(iii) Properly ventilated. 15
(b) Each food service facility which prepares food and provides seating for patrons 16
established after January 1, 1979, shall have available for the public: 17
(1) A convenient toilet that is kept in a sanitary condition; and 18
(2) A convenient lavatory that is: 19
(i) Supplied with soap, water, towels, or other approved hand drying 20
devices; 21
(ii) Kept in a sanitary condition; and 22
(iii) Properly ventilated. 23
(c) A room that houses a toilet may be constructed within a larger room in which 24
food is manufactured, prepared, packed, canned, frozen, sold, or distributed. 25
(D) (1) THIS SUBSECTION APPLI ES ONLY TO A FOOD ES TABLISHMENT 26
THAT IS: 27 HOUSE BILL 559 3
(I) A BUSINESS THAT CONDUC TS AGRITOURISM , AS DEFINED IN 1
§ 4–212 OF THE LAND USE ARTICLE; 2
(II) A CLASS 4 LIMITED WINERY LICEN SED UNDER § 2–206 OF 3
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE; AND 4
(III) A CLASS 8 FARM BREWERY LICENSE D UNDER § 2–210 OF 5
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 6
(2) A FOOD ESTABLISHMENT M AY COMPLY WITH THE R EQUIREMENT 7
TO PROVIDE A CONVENI ENT LAVATORY BY PROV IDING A PORTABLE CHE MICAL 8
TOILET THAT OTHERWISE: 9
(I) OTHERWISE MEETS THE REQUIREMEN TS OF SUBSECTION 10
(A)(2) OR (B)(2) OF THIS SECTION; AND 11
(II) IS PLACED AT LEAST 25 FEET FROM A WELL . 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
1, 2025. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.