(a) This section does not apply to an outer door of a food service facility that leads from the kitchen to the outside.
(b) A food service facility may operate with the outer windows or outer doors open unless, while the food service facility is operating with the outer doors or outer windows open, the local health department:
(1) Finds evidence of vermin in food preparation or food storage areas; or
(2) Finds evidence of flying insects in food preparation or food storage areas that pose a significant threat to sanitation or public health.
(c) If a local health department finds that a food service facility is operating in violation of subsection (b) of this section, the food service facility shall take immediate action to eliminate the vermin or flying insects.
(d) A local health department may close a food service facility found to be operating in violation of subsection (b) of this section, or order a temporary closure of the outer windows and outer doors at the food service facility, until the vermin or flying insects are eliminated from the food preparation or food storage areas, or until another action approved by the local health department is taken.
(e) A food service facility found to be operating in violation of subsection (b) of this section on three or more separate occasions shall keep the outer windows and outer doors closed at all times until:
(1) Modifications approved by the local health department are made to the food service facility to effectively protect against the entrance of vermin and flying insects; or
(2) Another action approved by the local health department is taken.
Structure Maryland Statutes
Title 21 - Food, Drugs, and Cosmetics
Subtitle 3 - Food Establishments
Part IV - Miscellaneous Provisions
Section 21-321 - Construction, Remodeling, or Alterations
Section 21-323 - Small Residential Group Homes for Children
Section 21-323.1 - Bed and Breakfast Establishments
Section 21-324 - Cleanliness of Certain Premises and Vehicles; Unclean or Unsanitary Conditions
Section 21-324.1 - Open Windows and Doors in Food Service Facilities
Section 21-325 - Restrooms Required in Certain Places
Section 21-327 - Sleeping Prohibited on Certain Premises
Section 21-328 - Employees With Communicable Diseases
Section 21-329 - Labeling of Surimi Products Required
Section 21-330 - Low Calorie Frozen Desserts
Section 21-330.1 - Cottage Food Businesses
Section 21-330.2 - Food Allergy Awareness Posting Requirement