§ 21-325

(a) Subject to subsection (d) of this section, each food establishment shall have:

(1) A convenient toilet that is:

(i) Except as provided in subsection (c) of this section, separated from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed;

(ii) Kept in a sanitary condition; and

(iii) Properly ventilated; and

(2) A convenient lavatory that is:

(i) Supplied with soap, water, towels, or other approved hand drying devices;

(ii) Kept in a sanitary condition; and

(iii) Properly ventilated.

(b) Each food service facility which prepares food and provides seating for patrons established after January 1, 1979, shall have available for the public:

(1) A convenient toilet that is kept in a sanitary condition; and

(2) A convenient lavatory that is:

(i) Supplied with soap, water, towels, or other approved hand drying devices;

(ii) Kept in a sanitary condition; and

(iii) Properly ventilated.

(c) A room that houses a toilet may be constructed within a larger room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed.

(d) (1) This subsection applies only to a food establishment that is:

(i) A business that conducts agritourism, as defined in § 4–212 of the Land Use Article;

(ii) A Class 4 limited winery licensed under § 2–206 of the Alcoholic Beverages and Cannabis Article; and

(iii) A Class 8 farm brewery licensed under § 2–210 of the Alcoholic Beverages and Cannabis Article.

(2) A food establishment may comply with the requirement to provide a convenient lavatory by providing a portable chemical toilet that:

(i) Otherwise meets the requirements of subsection (a)(2) or (b)(2) of this section; and

(ii) Is placed at least 25 feet from a well.