October 12, 2018
45 • Issue 21 • Page 986-988
MARYLAND DEPARTMENT OF HEALTH
Food Service Facilities
Article, §§18-102, 21-101, 21-102, 21-211, 21-234, 21-301, 21-304, and 21-308;
Annotated Code of Maryland
The Secretary of Health proposes to
amend Regulations .02, .25, and .28 under COMAR
10.15.03 Food Service Facilities.
The purpose of this action
is to create consistency with licensing, inspection, and enforcement of the
mobile reciprocity license among the local health departments as required by
H.B. 771 (Ch. 216) and S.B. 262 (Ch. 215), Acts of 2017. Specifically, this
(1) Define new terms related to mobile
(2) Clarify the requirements for the operation
of a mobile food service facility, including the establishment of a base of
(3) Add language concerning the issuance and enforcement
of a mobile reciprocity license by local health departments.
to Federal Standards
There is no corresponding
federal standard to this proposed action.
of Economic Impact
I. Summary of Economic
proposed action will include in regulations the mobile reciprocity license
established in Health-General Article §21-304, Annotated Code of Maryland. The
reciprocity license eliminates the need for a separate plan review and
associated inspection in each jurisdiction in which the mobile food service
facility is licensed. Additionally, a limited number of mobile food service
facilities have operated without a base of operations that meets the
requirements of COMAR 10.15.02. These mobile units will be required to
establish a base of operations; mobile units not seeking a reciprocity license
will be given until May 1, 2020 to comply.
II. Types of Economic Impact.
A. On issuing agency:
B. On other State agencies:
C. On local governments:
D. On regulated industries or trade groups:
E. On other industries or trade groups:
F. Direct and indirect effects on public:
III. Assumptions. (Identified by Impact Letter and Number from Section
C(1) and (2). The fee for this
license is set by each individual local health department and cannot exceed
$300. The net economic impact is indeterminable, as the licensing fees are
set by local health departments.
D(1) and (2). Mobile food service
facilities currently operating without a base of operations would be required
to establish a base of operations by May 1, 2020. The Department estimates
this would apply to approximately 157 operators. The Department estimates the
cost to establish a base of operations ranges from free (e.g. use of church
kitchen) to $1,500 per month (e.g. high-end incubator kitchen space rental).
A survey of 223 full-time single-truck vendors from California, Florida, New
York, Texas, and Oregon found that 85 percent of vendors made over $100,000
per year and half made over $150,000. At $150,000 per year, $750 per month
for a commercial kitchen rental would be 6 percent of revenue. The program
notes that 90 percent of mobile food service facilities are already
successfully operating with a base of operations.
Impact on Small Businesses
The proposed action has minimal
or no economic impact on small businesses.
Individuals with Disabilities
The proposed action has no
impact on individuals with disabilities.
for Public Comment
Comments may be sent to
Michele Phinney, Director, Office of Regulation and Policy Coordination,
Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD
21201, or call 410-767-6499 (TTY 800-735-2258), or email to
email@example.com, or fax to 410-767-6483. Comments will be accepted through
November 13, 2018. A public hearing has not been scheduled.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(7-1) “Base of operations” means a licensed
facility in Maryland that is used by the owner or operator of a mobile food
service facility for food storage, potable water, safe disposal of waste and
sewage, and, if necessary, utensil washing.
(8)—(17-2) (text unchanged)
(17-3) “County of origin” means the county in
which the base of operations of a mobile food service facility is located.
(18)—(46) (text unchanged)
(46-1) “Mobile reciprocity license” means a
license issued to a mobile food service facility that:
(a) Is operating in the
(b) Is operating within 90
miles of its base of operations; and
(c) Holds a valid license
from the county of origin.
(47)—(86) (text unchanged)
Special Food Service Facilities.
A.—B. (text unchanged)
C. For a special food
service facility that is a mobile unit, the person-in-charge shall ensure that:
(1)—(3) (text unchanged)
(4) Potable water tanks are used to provide
water for hand washing and, where applicable, for food preparation and utensil
(5) Wastewater tanks are used to
hold wastewater pending disposal at a facility in a manner that conforms with State
and local laws, regulations, and ordinances[.];
(6) Subject to §§C(7) and (8) of this
regulation, a base of operations is established that provides:
(a) A source of potable
water, potable water hoses, and clean connections;
(b) A method for the disposal
(c) Clean, adequate, and
covered trash receptacles;
(d) A storage area for
single serve food items; and
(e) If necessary:
(i) Refrigerated and dry food storage areas; and
(ii) A utensil washing facility.
(7) For a mobile food service facility not
seeking a mobile reciprocity license, a base of operations as set forth in
§C(6) of this regulation is established by May 1, 2020;
(8) A base of operations is not required for a
mobile food service facility that offers only prepackaged frozen desserts;
(9) A valid license from the county of origin is
(10) Compliance is maintained with all
applicable State and local laws and regulations in the jurisdiction in which it
D.—H. (text unchanged)
A.—I. (text unchanged)
J. A local health
(1) Shall issue a mobile reciprocity license:
(a) In accordance with
Health-General Article, §21-304, Annotated Code of Maryland;
(b) To a mobile food
service facility that:
(i) Holds a valid license from the county of
(ii) Is operating in the jurisdiction; and
(iii) Is operating within 90 miles of its base
(2) Shall provide copies of inspection
or other supporting documentation for a mobile food service facility with a
base of operations within the jurisdiction of the local health department to
the jurisdiction in which the mobile food service facility is seeking a mobile
(3) May inspect the mobile food service facility
during operation in the jurisdiction after a mobile reciprocity license has
(4) May suspend a mobile reciprocity license for
not maintaining a valid license from the county of origin until such time that
the county of origin license is renewed;
(5) May issue a violation of this regulation as
set forth in Regulation .35 of this chapter; and
(6) Shall notify all known Maryland
jurisdictions which license the mobile food service facility if:
(a) Any fines are issued to
a mobile reciprocity licensee; or
(b) Enforcement action is
taken against a mobile reciprocity licensee under §J(3) of this regulation.
K. A mobile reciprocity
(1) May not exceed $300; and
(2) Is valid for a period of 1 year.
ROBERT R. NEALL
Secretary of Health
201 W. Preston Street, Baltimore, MD 21201-2399
(410) 767-6500 or 1-877-463-3464