Skip to content
The COVID Project
  1. Library
  2. Standing duties: Maryland
  3. DUT-MD-015

Ex. DUT-MD-015 Standing duty Primary source read

Regulation

COMAR 10.15.03.14, Personnel Health and Sanitation: the person-in-charge's duty to exclude ill and symptomatic food employees, to require reporting of transmissible disease, to notify the approving authority, and to enforce hand-washing

Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 15, Chapter 03, Food Service Facilities) · Maryland (State)

Open exhibit (PDF, 11 MB)Source (opens in a new tab)
The COVID Project

The record

Jurisdiction
Maryland
Level
State
Authority
Health-General Article, Title 21 (food service facilities licensing; §§ 21-301 to 21-330) and § 18-102 (chapter Authority line; enforcement provisions recited in COMAR 10.15.03.35)
Issued
1989-08-02 Aug. 2, 1989
Effective
in force throughout 2020 Q2 to 2021 Q3 (read as 1989-08-02)
End
standing (read as 2021-09-30)
In force
Standing since Aug. 2, 1989 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • the person-in-charge of every licensed food service facility (restaurants, bars, cafeterias, institutional kitchens); food employees
Character
sanitary code duty
Collection
Standing duties: Maryland DUT-MD

Operative words

The person-in-charge shall ensure that:... B. An employee experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth does not work with: (1) Exposed food; (2) Clean equipment, utensils, and linens; or (3)...; C. An employee who has a disease that may be transmissible through food reports the condition....

Penalty

COMAR 10.15.03.35 (read live, not saved): notice of violation with a correction date and, on failure to correct, suspension or revocation of the license; written abatement orders under Health-Gen. §§ 21-318 or 21-261; injunctive relief under Health-Gen. §§ 21-1214 and 21-1215 for an immediate and substantial danger to public health

What it required

Bound every licensed food service facility, as a standing condition of its license, to screen and exclude symptomatic employees, to require employees to report transmissible disease, to notify the approving authority of a suspected case, and to enforce hand-washing before work, before handling food and between glove uses; the standing code the MDH food-service directives built on (Exs. MD-045, MD-047, MD-048, MD-051).

Retrieval note

The render captures the whole chapter (148 pages) with its Administrative History; Regulation.14 begins at the page headed '.14 Personnel Health and Sanitation.' Subsection A cross-refers to COMAR 10.06.01.06E (food handlers with listed diseases 'may not serve or handle, in any manner whatsoever, food intended for public consumption'). Subsection D: 'The approving authority is notified when an employee of a food service facility is known to have or is suspected of having a disease that is transmissible by food.' The MDH Directive and Order Regarding Food Service Establishments of June 10, 2020 layered the COVID-19 protocols onto this code: staff face coverings, training in 'COVID-19 health and workplace guidelines,' a 'daily screening process for workers,' and direction of sick workers to 'CDC and MDH guidelines regarding home isolation' (Ex. MD-045 para. B).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.