Agenda Item
11
September 20,2016
Public Hearing
MEMORANDUM
September 16, 2016
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attome~t,u}
Public Hearing:
Bill 33-16, Eating and Drinking Establishments - Food Allergen
Awareness Training and Resolution to Adopt Bill 33-16 as a Board of Health
Regulation
Bill 33-16, Eating and Drinking Establishments - Food Allergen Awareness Training, sponsored
by Lead Sponsor Councilmember Riemer, was introduced on August 2, 2016. A Health and Human
Services Committee worksession is tentatively scheduled for October 17 at 9:30 a.m.
Bill 33-16 would require certain employees of eating and drinking establishment to complete a
food allergen awareness training course and pass a test and require the Department of Health and
Human Services to provide a list ofapproved online and in person food allergen awareness training
courses.
A companion Board of Health regulation, which will be considered by the Council simultaneously
with Bill 33-16, is also a subject oftoday's public hearing, is attached on ©4-5.
This packet contains:
Bill 33-16
Legislative Request Report
Board of Health Regulation
Circle
#
1
3
4
F:\LAw\BILLS\1633 Food Allergen Awareness\PH Memo.Docx
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Bill No.
33-16
Concerning: Eating
and
Drinking
Establishments - Food Allergen
Awareness Training
Draft No. 3
Revised:
7/26/2016
Introduced:
August 2,2016
Expires:
February 2, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N!...!:o~n.!_"e'___
_ _ _ _ __
ChI _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Riemer
AN
ACT to:
(a)
(b)
(c)
require certain employees of eating and drinking establishments to complete a food
allergen awareness training course and pass a test;
require the Department of Health and Human Services to provide a list of approved
online and in person food allergen awareness training courses; and
generally amend County law regarding eating and drinking establishments.
By adding
Montgomery County Code
Chapter 15, Eating and Drinking Establishments
Section 15-15B
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Added to existing law by original bill,
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
33-16
1
2
Sec.
1.
Section 15-15B is added as follows:
15-15B. Food allergen awareness training
=
required.
3
4
5
6
ill
An
eating and drinking establishment that is required to be under the
immediate control of
~
certified food service manager under Section 15-8
must have on the premises at all times when food is being prepared or
served, an employee who has completed
~
food allergen awareness
7
training course and passed
~
test approved
by
the Department.
8
9
10
11
@
The Department must make available
~
list of approved online and
in-person food allergen awareness training courses.
Sec. 2. Effective Date.
Section 15-15B, as added by Section 1 of this Act, takes effect July 1,2017.
Approved:
12
13
Nancy Floreen, President, County Council
Date
14
Approved:
15
Isiah Leggett, County Executive
Date
16
This is a correct copy ofCouncil action.
17
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 33-16
Eating and Drinking Establishments
-
Food Allergen Awareness Training
DESCRIPTION:
Bill xx-16 would require certain employees of eating and drinking
establishments to complete a food allergen awareness training course
and pass a test. The Bill would also require the Department of Health
and Human Services to provide a list of approved online and in person
food allergen awareness training courses.
Food allergens require an awareness by eating and drinking
establishments to minimize potential risk to patrons with food allergies
and to provide establishments with information so that employees can
better respond to potential customer inquiries regarding food allergens.
To educate eating and drinking establishment employees on food
allergens.
Department of Health and Human Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
A violation of Chapter 15 is a Class A violation.
F:\LA w\BILLS\1633 Food Allergen Awareness\LRR.Docx
f:\law\bills\1633 food allergen awareness\lrr.docx
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Resolution No.:
Introduced:
Adopted:
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE MONTGOMERY COUNTY BOARD OF HEALTH
Lead Sponsor: Councilmember Riemer
SUBJECT: Resolution to adopt Bill 33 -16, Eating and Drinking Establishments - Food Allergen
Awareness Training as a Board of Health Regulation.
Background
1. County Code §2-65, as amended, provides that the County Council is, and may act as, the
County Board of Health, and in that capacity may adopt any regulation which a local Board
of Health is authorized to adopt under state law.
2. Maryland Code Health-General Article §3-202 authorizes the County Board of Health to
adopt rules and regulations regarding any nuisance or cause of disease in the County.
3. On {DATE}, the Council held a public hearing on this regulation. As required by law,
each municipality in the County and the public were properly notified of this hearing.
4. On {DATE}, the County Council enacted Bill 33-16, Eating and Drinking Establishments
- Food Allergen Awareness Training. Bill 33-16 requires certain eating and drinking
establishments 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.
5. The County Council, sitting as the Board of Health, finds after reviewing the evidence in
the record that requiring eating and drinking establishments 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 is
necessary to protect the health of County residents.
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Action
The County Council for Montgomery County, Maryland, sitting as the County Board of Health,
approves the following resolution:
1. Section 15-15B of Chapter 15 of the Montgomery County Code, entitled "Eating and
Drinking Establishments", as added by Bill 33-16, Eating and Drinking Establishments ­
Food Allergen Awareness Training, are adopted as a Board of Health regulation. A copy
of Bill 33-16 is attached to this resolution.
2. This resolution takes effect on July 1,2017.
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
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