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.
*sb0544*
SENATE BILL 544
J1, A1, M4 5lr2027
CF HB 559
By: Senator Bailey
Introduced and read first time: January 23, 2025
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: February 24, 2025
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
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
2 SENATE BILL 544
(i) Except as provided in subsection (c) of this section, separated 1
from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or 2
distributed; 3
(ii) Kept in a sanitary condition; and 4
(iii) Properly ventilated; and 5
(2) A convenient lavatory that is: 6
(i) Supplied with soap, water, towels, or other approved hand drying 7
devices; 8
(ii) Kept in a sanitary condition; and 9
(iii) Properly ventilated. 10
(b) Each food service facility which prepares food and provides seating for patrons 11
established after January 1, 1979, shall have available for the public: 12
(1) A convenient toilet that is kept in a sanitary condition; and 13
(2) A convenient lavatory that is: 14
(i) Supplied with soap, water, towels, or other approved hand drying 15
devices; 16
(ii) Kept in a sanitary condition; and 17
(iii) Properly ventilated. 18
(c) A room that houses a toilet may be constructed within a larger room in which 19
food is manufactured, prepared, packed, canned, frozen, sold, or distributed. 20
(D) (1) THIS SUBSECTION APPLI ES ONLY TO A FOOD ES TABLISHMENT 21
THAT IS: 22
(I) A BUSINESS THAT CONDUC TS AGRITOURISM , AS DEFINED IN 23
§ 4–212 OF THE LAND USE ARTICLE; 24
(II) A CLASS 4 LIMITED WINERY LICEN SED UNDER § 2–206 OF 25
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE; AND 26
(III) A CLASS 8 FARM BREWERY LICENSE D UNDER § 2–210 OF 27
THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 28
SENATE BILL 544 3
(2) A FOOD ESTABLISHMENT M AY COMPLY WITH THE R EQUIREMENT 1
TO PROVIDE A CONVENI ENT LAVATORY BY PROV IDING A PORTABLE CHE MICAL 2
TOILET THAT OTHERWISE: 3
(I) OTHERWISE MEETS THE REQUIREMEN TS OF SUBSECTION 4
(A)(2) OR (B)(2) OF THIS SECTION; AND 5
(II) IS PLACED AT LEAST 25 FEET FROM A WELL . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
1, 2025. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.