Ch. 377

2004 LAWS OF MARYLAND

(3)     Except in Baltimore City, vending machine locations used exclusively
for prepackaged and commercially sealed foods that are not potentially hazardous, as
defined by regulation, are not required to be licensed.

(4)     In Baltimore City, a license may be required for each individual
vending machine.

(5)     An excluded organization may operate a food establishment without
a license unless the excluded organization has been issued a license under §
21-304(a)(2)(ii) of this title.

(6)     Nothing in this subtitle shall preempt the right of a county to require
a permit under the authority provided by a local law, ordinance, or regulation if this
subtitle does not require the food establishment to obtain a State license.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2004.

Approved May 11, 2004.

CHAPTER 377
(House Bill 784)

AN ACT concerning

Montgomery County - Fire and Explosive Investigators - Authority

MC 409-04

FOR the purpose of including a Montgomery County fire and explosive investigator in
the definition of "law enforcement official" under the law relating to the
authorized carrying of a handgun by a person engaged in law enforcement;
providing that, under certain circumstances, a Montgomery County fire and
explosive investigator operating in Montgomery County has the same authority
as the State Fire Marshal and a full-time investigative and inspection assistant
in the office of the State Fire Marshal to make an arrest without a warrant and
exercise certain powers of arrest; authorizing a Montgomery County fire and
explosive investigator to exercise certain authority while operating outside
Montgomery County under certain circumstances; authorizing the Montgomery
County Fire Administrator to limit certain authority of a fire and explosive
investigator to make an arrest without a warrant or exercise certain powers of
arrest; requiring the Fire Administrator to express the limitation in writing;
providing that the action of the Fire Administrator in limiting certain authority
is not subject to judicial review, does not create a right for anyone except the
Fire Administrator or the county to challenge the authority of a fire and
explosive investigator, and does not create a cause of action for damages against
the county, the Fire Administrator, or a fire and explosive investigator; removing
a Montgomery County fire and explosive investigator from a law granting
certain fire investigators authority to make an arrest without a warrant under

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