In this Chapter, the following words and phrases have the following meanings:
(a) Adulterated food: Any food or drink:
(1) Which has been produced, prepared, packed, or held under unsanitary conditions whereby it would reasonably be expected to have become contaminated; or
(2) Which violates the Maryland Food, Drug and Cosmetic Act.
(b) Department: The Department of Health and Human Services.
(c) Director: The Director of the Department of Health and Human Services or the Director's designee.
(d) Eating and drinking establishment: Any food service facility.
(e) Employee: Any person, including an owner or manager, who:
(1) Handles food or drink during preparation, storage, or serving; or
(2) Comes in contact with eating, drinking, or cooking utensils and dishware; or
(3) Is employed in a room in which food or drink is prepared or served.
(f) Food service facility: Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes:
(1) Any restaurant, coffee shop, retail market, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain; and
(2) Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.
(g) Food or drink: Substances for human consumption as defined in State law.
(h) Food service manager:
(2) An employee assigned by the licensee to supervise or manage food-handling employees; or
(3) An employee who otherwise has the authority, either personally or through others, to immediately enforce food protection, handling, storage, and display practices and good personal hygiene.
(i) Itinerant food service facility:
(1) A food service facility operating for a temporary period at a fixed location, not exceeding 14 days, at a fair, carnival, public exhibition, construction project, recreational facility or similar gathering; or
(2) Any other food service facility which travels from place to place.
Each itinerant food service facility belongs to one of 4 classes:
Class I: A food service facility operating from a fixed location or a mobile unit which handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, and which does not prepare, wrap, or package any food or drink on the premises or within the mobile unit.
Class II: A food service facility operating from a fixed location, which handles, serves, or sells any food or drink, other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink on the premises.
Class III: A food service facility operating from a mobile unit which handles or sells any food or drink other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink within the mobile unit.
Class IV: A food service facility operating from a mobile unit which handles or sells sealed, prewrapped, or prepackaged food or drink in the original sealed container or wrapping, and does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea.
(j) License: A document authorizing a food service facility or an itinerant food service facility to operate in the County.
(k) Licensees: A person who is issued a license.
(l) Person: An individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise, or other publicly or privately owned entity.
(m) Potentially hazardous food: Any food capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. This term includes milk or milk products, eggs, meat, poultry, fish, shellfish, and edible crustacea. This term does not include clean, whole, uncracked, odor-free shell eggs.
(n) Utensils: Any kitchenware, tableware, glassware, cutlery, utensils, containers, machines, or other equipment with which food or drink comes in contact during storage, preparation, or serving. (Mont. Co. Code 1965, § 82-1; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 26, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
