Exemption for Retail Manufacture of Non-milk-based Frozen Desserts

(A) A person who operates a retail machine for the manufacture of non-milk-based frozen desserts only, including but not limited to so-called slush or water ice, shall obtain a permit pursuant to 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments. Such a permit, when valid, shall be deemed to satisfy the requirements of 105 CMR 500.000, and no separate license pursuant to 105 CMR 500.000 shall be required. (B) If such person already has a valid permit pursuant to 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments because he or she operates a food establishment, no separate permit for non-milk-based frozen desserts shall be required.