§21–325.

    (a)    Subject to subsection (d) of this section, each food establishment shall have:

        (1)    A convenient toilet that is:

            (i)    Except as provided in subsection (c) of this section, separated from any room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed;

            (ii)    Kept in a sanitary condition; and

            (iii)    Properly ventilated; and

        (2)    A convenient lavatory that is:

            (i)    Supplied with soap, water, towels, or other approved hand drying devices;

            (ii)    Kept in a sanitary condition; and

            (iii)    Properly ventilated.

    (b)    Each food service facility which prepares food and provides seating for patrons established after January 1, 1979, shall have available for the public:

        (1)    A convenient toilet that is kept in a sanitary condition; and

        (2)    A convenient lavatory that is:

            (i)    Supplied with soap, water, towels, or other approved hand drying devices;

            (ii)    Kept in a sanitary condition; and

            (iii)    Properly ventilated.

    (c)    A room that houses a toilet may be constructed within a larger room in which food is manufactured, prepared, packed, canned, frozen, sold, or distributed.

    (d)    (1)    This subsection applies only to a food establishment that is:

            (i)    A business that conducts agritourism, as defined in § 4–212 of the Land Use Article;

            (ii)    A Class 4 limited winery licensed under § 2–206 of the Alcoholic Beverages and Cannabis Article; and

            (iii)    A Class 8 farm brewery licensed under § 2–210 of the Alcoholic Beverages and Cannabis Article.

        (2)    A food establishment may comply with the requirement to provide a convenient lavatory by providing a portable chemical toilet that:

            (i)    Otherwise meets the requirements of subsection (a)(2) or (b)(2) of this section; and

            (ii)    Is placed at least 25 feet from a well.