Environmental Health | Food Service Facilities



Food truck in the big city with a long order line

"Food Service Facility" means restaurants, coffee shops, cafeterias,  cafés, luncheonettes, taverns, sandwich stands, soda fountains, retail markets, and food operations in industries, institutions, hospitals, clubs, schools, camps, churches, catering kitchens, commissaries, or similar places in which food or drink is prepared for sale or for service on the premises or elsewhere, or any other operations where food is served or provided for the public with or without charge. Code of Maryland Regulations – 10.15.03 – Food Service Facilities and Montgomery County Code – Chapter 15 – Eating and Drinking Establishments. Home kitchens will not be licensed!

For assistance with services, email HHSMail@montgomerycountymd.gov

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Who and when must one submit a Food Service Facility License Application?

Any person planning to distribute, prepare, handle, or dispense food for public consumption with or without charge must apply for a Food Service Facility License.

A license must be obtained prior to opening a business. Licenses expire on December 31st and must be renewed each year. A Use and Occupancy Permit must be obtained through the Department of Permitting Services at 240-777-6200. Many businesses also are required to have a Trader’s License. To determine if you need a Trader’s License, contact the Montgomery County Circuit Court, Business Licenses Office at 240-777-9460.

W hat constitutes a Food Service Facility?

"Food Service Facility" means restaurants, coffee shops, cafeterias, short order cafés, luncheonettes, taverns, sandwich stands, soda fountains, retail markets, and food operations in industries, institutions, hospitals, clubs, schools, camps, churches, catering kitchens, commissaries, or similar places in which food or drink is prepared for sale or for service on the premises or elsewhere, or any other operations where food is served or provided for the public with or without charge. Code of Maryland Regulations – 10.15.03 – Food Service Facilities and Montgomery County Code – Chapter 15 – Eating and Drinking Establishments. Home kitchens will not be licensed!

Food Allergen Awareness & Training

With approximately 15 million Americans affected by food allergies each year, Montgomery County is trying to create a safer dining out experience for an individual and families managing food allergies. Although most food allergies cause relatively mild to minor symptoms, some food allergies can cause severe reactions, and may even be life-threatening. While there is no cure for food allergies, strict avoidance of food allergens, early recognition and management of allergic reactions to food are important measures to prevent serious health consequences.

Maryland Code Annotated, Health-General 21-330.2(A)
As of March 1, 2014, state law requires that "a food establishment shall display prominently in the staff area of the food establishment a poster related to food allergy awareness that includes information regarding the risk of an allergic reaction."

Food Allergy Awareness Poster ( English) ( Spanish) PDF

Montgomery County Bill 33-16
On November 1, 2016, the Montgomery County Council, sitting as the Board of Health, went a step further and enacted Bill 33-16, Eating and Drinking Establishments -Food Allergen Awareness Training.

Effective July 1, 2017, Bill 33-16 requires all “Eating and Drinking Establishments”, which are required to be under the immediate control of a certified food service manager, to have on the premises at all times when food is being prepared or served, an employee who has completed a food allergen awareness training course and passed a test as required by this Regulation to protect the health of county residents.

A trained employee with a valid certification must be on the premise at all times when food is being prepared or served in order to meet compliance.

How do I take a Food Allergen Awareness Training?

Anyone may take the training. The applicant must successfully complete one of the approved online Food Allergen Awareness Training courses and pass the exam. Once completed, the applicant will receive a certificate to show proof of completion. The certificate is valid as accredited through ANSI from the initial completion date of the approved course.

Approved Food Allergen Awareness Training Courses

Food Allergy Research & Education(FARE) works on behalf of the 15 million Americans with food allergies, including all those at risk for life-threatening anaphylaxis. FARE partnered with two trusted resources, the National Restaurant Association and MenuTrinfo, LLC for endorsement of their food allergen training programs. To find out more about FARE or these training programs, please visit the FARE website. You may also go directly to the course web links below.

These trainings are the only food allergen awareness courses approved by the Department for compliance with Montgomery County Bill 33-16.

National Restaurant Association
MenuTrinfo, LLC approved training includes both AllerTrain™ and AllerTrain Lite™
AboveTraining/StateFoodSafety.com
TAP Series

How do I become a Certified Food Service Manager? What is the process to obtain certification?

"Montgomery County Code 15-8(b)(2) states a licensee must not operate a food service facility unless the facility is under the immediate control of a Certified Food Service Manager."

How do I become a Certified Food Service Manager?
Anyone may be certified as an Food Service Manager. The applicant must successfully complete an approved Food Service Manager's course, and file an application with Licensure and Regulatory Services to receive a Certified Food Service Manager’s photo identification card. The course may be taken on-line or in a classroom. The exam must be taken at a proctored location. Online test certificates will not be accepted. The card is valid for three years from the initial completion date of the approved course.
The applicant must come to the Department of Health and Human Services, Licensure and Regulatory Services office (2425 Reedie Drive, 9th floor, Wheaton, MD) to obtain a photo identification card. Office hours for photo identification cards are Monday-Friday from 8 a.m. to noon. Call 240-777-3986 for more information.
  4. To determine the appropriate fee, please see the Fee Schedule
To receive a new certification card you must have the following:
  1. Original certificate/document that shows you passed an approved course. Contact ANSI for more information.
  3. Provide government issued photo identification.
  4. Pay the appropriate fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)
To renew a certification card you must bring the following:
  1. Original certificate/document that shows you passed an approved re-certification course. Contact ANSI for more information.
  3. Provide your current card.
  4. Pay the appropriate license fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)
Or you must bring the following:
 
  1. Proof of completing an approved self-inspection. Contact ANSI for more information.
  3. Provide your current card.
  4. Pay the appropriate license fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)
To transfer certification credentials from other Maryland counties:
  1. Provide your current card.
  3. Pay the appropriate license fee. (Check or money order, payable to "Montgomery County, Maryland,"Visa or MasterCard)
NOTE: Cards issued by other jurisdictions will be considered for transfer on a case-by-case basis.

Food Service Facilities Process Guide

1. Apply Online
Food Service Facilities Permits
Format
Plan Review for Building or Remodeling Food Service Facility
Food Service Plan Review Guidelines
Food Service Plan Review Checklist
New Facility/Renewal/Change of Ownership Fixed Food Service Location
Hazard Analysis Critical Control Point (HACCP) Plan
Provide Proof of Passed Allergy Awareness Certificate
See below for approved providers
Certified Food Service Manager License Application
2. Review
  1. Have a Plan: to ensure we can process your documentation properly - you must have a plan. - Describe plan type.
  2. Review: be sure to double check all of your paperwork to ensure faster processing time.
  3. Submit online: We now offer an easy online form powered by Seamless Docs - (Seamless Docs sign up and documentation). We provide online applications to decrease the use of paper and our impact on the environment.  PDF applications should be mailed to Licensure & Regulatory Services office (2425 Reedie Drive, 9th floor, Wheaton, MD 20902) or faxed to 240-777-3088.
3. Approval
If approved you will hear back us within 10 - 14 business days. The final part of the process will be to find the inspector specific to your area.
  • 240-777-3986
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Helpful Food Service Facilities Resources