§ 12-114. Food Service Manager Requirements.

(a)

Except as provided in Subsection (b), no food service facility shall operate unless a minimum of one employee has a valid food service manager certificate or is enrolled in an approved course that will train the employee to be a certified food service manager.

(b)

Except as provided for in Subsection (c), no food service facility shall operate unless it is under the immediate control of a certified food service manager during all hours of operation.

(c)

No food service facility operated more than an average of five (5) days per week by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization shall operate unless it has a certified food service manager on staff or a staff person or member is enrolled in an approved course that will train that person to be a certified food service manager. No food service facility operated more than an average of five (5) days per week by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization shall operate unless it is under the immediate control of a certified food service manager.

(d)

No Class B food service facility shall operate unless a certified food service manager is on staff or in the membership of the organization or a Level B food service manager is on site during all hours of operation.

(e)

The approving authority may postpone or waive the requirement of Subsections (b), (c), and (d), above, if, in unusual circumstances, its application to a particular licensee would result in undue hardship.

(f)

The approving authority may reduce the number of hours of training required for a Level B food service manager.

(g)

The food service manager certificates shall be issued by the Department.

(h)

A food service facility permit shall not be issued by the Health Officer until the facility meets the food service manager requirements stated above unless in unusual circumstances, its application would result in an undue hardship.

(i)

This Section shall not apply to the following:

(1)

Low priority food service facilities.

(2)

"Pot luck" style dinners sponsored by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization;

(3)

Food prepared for the homeless by a volunteer fire company or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organization;

(4)

Volunteer fire companies or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organizations or corporations which sponsor two (2) or less events per year where food is prepared and served;

(5)

Volunteer fire companies or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organizations or corporations which lease banquet facilities if the food is not prepared by them; and

(6)

Food preparation by volunteer fire companies or bona fide nonprofit fraternal, civic, veterans', religious, or charitable organizations or corporations during emergency/crisis situations.

(j)

Notwithstanding paragraphs 2 through 5, the approving authority may require appropriate staffing by a food service manager if, during the preceding twelve months, there have been incidents of foodborne illnesses at the facility.

(CB-95-1992; CB-108-1994; CB-82-1996; CB-44-2004; CB-41-2015; CB-89-2015)

Editor's note

CR-54-1993 provided that the provisions of this Section as enacted by CB-95-1992 be delayed in implementation until March 1, 1994, for food service facilities operated by religious, fraternal, and other similar nonprofit organizations, including, but not limited to, the member organizations of the Ladies Auxiliary to the Prince George's County Volunteer Fire and Rescue Association, the American Legion, the Veterans of Foreign Wars, and the Elks Club. In addition, CR-54-1993 established a Task Force on Food Service Manager Certification for nonprofit organizations, which was to report its findings to the Council on or before January 1, 1994.