Definitions; General Provisions

Baltimore City Code div. Health Code, tit. 6, subtit. 1

in effect

Baltimore City Code, Health Code, § 6-101 Definitions.

§ 6-101. Definitions. (a) In general. In this title, the following terms have the meanings indicated. (b) Excluded organization. “Excluded organization” has the meaning stated in COMAR 10.15.03.02B(28). (c) Food. (1) In general. “Food” means any natural or artificial substance or ingredient, whether raw, cooked, or processed, that is used or sold or intended for use or sale, in whole or in part, for human consumption. (2) Inclusions. “Food” includes: (i) ice; (ii) beverages; and (iii) chewing gum or any substance used as a component of chewing gum. (3) Exclusions. “Food” does not include any: (i) alcoholic beverage, as defined in State Code Article 2B, § 1-102(a)(2); or (ii) drug, as defined in § 21-101(g) of the State Health-General Article. (d) Food service facility. “Food service facility” has the meaning stated in COMAR 10.15.03.02B(34). (e) Food service manager. “Food service manager” means an individual designated by a food service facility to exercise operational supervision of the facility. (f) License. “License” means a license issued under this title to operate a food service facility. (g) Person. (1) In general. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Qualified inclusion of governmental entities. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this title “person” also includes, except as used in § 6-802 {“Penalties”} of this title, a governmental entity or an instrumentality or unit of a governmental entity. (Ord. 22-125; Ord. 14-308; Ord. 99-548.)

Baltimore City Code, Health Code, § 6-102 Commissioner’s duties.

§ 6-102. Commissioner’s duties. The Commissioner of Health is responsible for: (1) inspecting, regulating, and licensing food service facilities; (2) obtaining food samples and testing their qualities by chemical or microscopical examination as the Commissioner considers necessary or appropriate; and (3) generally enforcing this title and any applicable State regulations. (Ord. 14-308; Ord. 99-548.)

Baltimore City Code, Health Code, § 6-103 Rules and regulations.

§ 6-103. Rules and regulations. In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner, consistent with this title and State law: (1) must designate the classes of licenses to be issued for various types of food service facilities; and (2) may include provisions that govern the construction, design, operation, and maintenance of food service facilities. (Ord. 06-185; Ord. 99-548.)

Baltimore City Code, Health Code, § 6-104 Inspections; samples.

§ 6-104. Inspections; samples. (a) Inspections. The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect: (1) any structure, premises, or vehicle in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and (2) any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food. (b) Samples. During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis. (Ord. 99-548.)

Baltimore City Code, Health Code, § 6-105 Confiscation of food.

§ 6-105. Confiscation of food. (a) In general. The Commissioner may condemn, confiscate, and either destroy or denature any food that: (1) fails to comply with any requirement of this title; or (2) is possessed by any person who is violating any provision of this title. (b) Prohibited conduct. No person may hide, remove, or assist in hiding or removing any food that has been condemned by the Commissioner. (c) Scope of section. Nothing in this section imposes on the Commissioner the duty or expense of confiscating any food condemned by the Commissioner. (Ord. 99-548.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/6/1Fetched: 10/25/2026