Section 14-3602 - Posting of disclosure statement required for sale of halal food products. - Maryland Statutes

§ 14-3602. Posting of disclosure statement required for sale of halal food products.
 

(a)  In general.- (1) A person that represents to the public that any unpackaged food that is sold or served is halal shall prominently and conspicuously display on the premises on which the food is sold or served a complete disclosure statement. 

(2) The Division shall: 

(i) Develop a form for disclosure statements; and 

(ii) Make the form available to any person on request. 

(3) The disclosure statement shall: 

(i) Be understandable and written in simple and readable plain language; 

(ii) Disclose to the public the basis for a representation that any unpackaged food sold or served is halal, including a specification of practices relating to the preparation, handling, and sale of the food; and 

(iii) Contain any additional information or conform to any additional requirements that the Division considers reasonable and necessary to carry out the provisions of this subtitle. 

(4) A person that displays a disclosure statement in accordance with this section shall: 

(i) Retain a copy of the disclosure statement, and any amendment to the disclosure statement, for at least 3 years from the date on which the person no longer represents to the public that any unpackaged food that is sold or served on the premises is halal; and 

(ii) Provide a copy of the disclosure statement to the Division within 2 business days after the person's receipt of a request from the Division for a copy of the disclosure statement. 

(5) A person shall conform its practices with respect to the sale or serving of unpackaged food that is represented to the public as halal to the standard displayed in the disclosure statement. 

(b)  Requirements for sale of halal and nonhalal foods.- A person may not sell or offer for sale any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also offers for sale any food, not represented to the public as halal, unless the person includes on each window sign and display advertisement in block letters at least 4 inches high the words "halal and nonhalal food sold here" or, as to the sale of meat alone, "halal and nonhalal meat sold here". 

(c)  False representation of halal foods prohibited.- A person may not sell or offer for sale any food product, whether for consumption in the person's place of business or elsewhere, and falsely represent it to the public as halal. 

(d)  False labeling of halal foods prohibited.- A person may not falsely represent, with intent to defraud, any food product or the contents of any package or container to be halal, by having or permitting to be inscribed on the package or container the word "halal" in English. 

(e)  Requirements for display of halal and nonhalal foods.- A person may not display for sale, with intent to defraud, any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same show window or other location on or in the place of business, the person also displays any food not represented to the public as halal, unless the person displays over the halal and nonhalal food signs that read, in block letters at least 4 inches high, "halal food" and "nonhalal food", respectively, or, as to the display of meat alone, "halal meat" and "nonhalal meat", respectively. 

(f)  Signs related to halal foods to be in both Arabic and English.- (1) In this subsection, "Arabic character" means: 

(i) Any Arabic word or letter; or 

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates an Arabic word or letter. 

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Arabic characters, or any other representation to the public that the place of business sells or offers for sale halal food or meat, unless the person also displays in conjunction with the Arabic characters or other representation, in English, letters of at least the same size as the Arabic characters, the words "we sell halal meat and food only", "we sell nonhalal meat and food only", or "we sell both halal and nonhalal meat and food", as appropriate. 

(g)  Possession of nonhalal food in business advertising sale of halal food only as presumption of intent to defraud.- Possession of nonhalal food in any place of business advertising the sale of halal food only is presumptive evidence that the person in possession offers the nonhalal food for sale with intent to defraud. 
 

[2008, ch. 112.]