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 January 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.

"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!

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."

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?

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

Please submit plans directly to Licensure and Regulatory Services; other departments do not forward plans to this office. Issuance of building or electrical permits does not indicate Licensure and Regulatory Services’ approval. Licensure and Regulatory Services’ approval must be obtained before any construction starts.

For information on the Food Service Facility plan review submittal please see:

• Guidelines for Building or Remodeling a Food Service Facility (PDF)
• Food Service Plan Review Checklist (PDF)
• Complete and return the online  Food Service Facility License Application
  Food Service Facility License Application (PDF)
• Food Service Facility Fact Sheet (PDF)
• See the Montgomery County Fee Schedule to determine the appropriate fees.

New Facility/Fixed Location and Renewal of License

Apply:
The application, appropriate fee, menu, HACCP flow charts, Worker's Compensation Insurance documentation, and a set of complete plans must be submitted.

• Hazard Analysis Critical Control Point (HACCP) Plan

Review:
The Environmental Health Specialist assigned will review the plans and submitted information within 14 days of submittal. Incomplete submittals may extend the time for review.

Schedule:
Once plans are approved and the work is completed, call at least one week in advance to schedule a compliance inspection.

Licensure & Regulatory Services staff are available to answer questions (Monday – Friday) 8 a.m. to 4 p.m. at 240-777-3986.

Change of Ownership/Fixed Location

Apply:
The application, appropriate fee, menu, HACCP flow charts, and Worker’s Compensation Insurance documentation must be submitted. Licenses are not transferable.

• Apply online or complete a  Food Service Facility License Application (PDF)
• Hazard Analysis Critical Control Point (HACCP) Plan

Submit and Approve:
Plans must be submitted and approved prior to any renovations of the facility.

Review:
The application and/or plans will be reviewed. An inspection may be conducted at the discretion of the Environmental Health Specialist. Any required repairs will be noted and must be completed prior to approval. Once approval is granted, the license will be sent to the applicant.

What Other Licenses Might I Need?

The following cities have their own zoning approval:

1. Rockville 240-314-8200
2. Gaithersburg 301-258-6330
3. Laytonsville 301-869-0042
4. Poolesville 301-428-8927
5. Barnesville 301-972-8114
6. Washington Grove 301-926-2256

Fire code issues are regulated by the Montgomery County Fire Marshall. Call 240-777-0311.

Plumbing issues are regulated by the Washington Suburban Sanitary Commission 301-206-8000, except for the City of Rockville 301-309-3250.

Alcoholic beverage licenses are regulated by the Board of License Commissioners. Call 240-777-1999.

WSSC Wastewater Discharge
All Food Service Establishments (FSE) must apply for a WSSC Water Fats, Oils, and Grease (FOG) discharge permit ( Food Service Establishment Wastewater Discharge Permit (FSE FOG Permit) . Visit the WSSC Water permit site.    A quick reference guide is available below.
All Food Service Establishments must also apply for County health department license. Click the link to your county:  Montgomery County or  Prince George's County  This includes establishments such as restaurants,cafeterias, grocery stores, hotel kitchens, church kitchens, school kitchens, bars or any other commercial or industrial operation that discharges wastewater into WSSC Water’s sanitary sewer system.

"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."

1. Certified Food Service Manager Fact Sheet
2. ANSI Certified Food Service Manager Course
3. Complete and return the Certified Food Service Manager License Application
4. To determine the appropriate fee, please see the Fee Schedule

1. Original certificate/document that shows you passed an approved course. Contact ANSI for more information.
2. Complete the Certified Food Service Manager License Application
3. Provide government issued photo identification.
4. Pay the appropriate fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)

1. Original certificate/document that shows you passed an approved re-certification course. Contact ANSI for more information.
2. Complete the Certified Food Service Manager License Application
3. Provide your current card.
4. Pay the appropriate license fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)

1. Proof of completing an approved self-inspection. Contact ANSI for more information.
2. Complete the Certified Food Service Manager License Application
3. Provide your current card.
4. Pay the appropriate license fee. (Check, Money Order, payable to "Montgomery County, Maryland," Visa or MasterCard)

1. Provide your current card.
2. Complete the Certified Food Service Manager License Application
3. Pay the appropriate license fee. (Check or money order, payable to "Montgomery County, Maryland,"Visa or MasterCard)