R392-101-8. Exempt Establishments

The following food establishment types are not subject to the requirements of this rule: (1) a special event sponsored by a municipal or nonprofit civic organization, including a food booth at a school sporting event, a little league athletic event, or a church function; (2) a temporary food service event approved by a local health department; (3) a vendor or other food establishment that serves only commercially prepackaged foods and beverages; (4) a private home not used as a commercial food service establishment, except for a microenterprise home kitchen; (5) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; (6) a bed and breakfast establishment at which the only meal served is a continental breakfast; (7) a residential child care provider; (8) a child care provider and program licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; (9) a residential care facility as defined in this rule; (10) a back country outfitter food establishment; (11) a free event sponsored by a charitable organization; and (12) a fundraising event hosted or sponsored by a nonprofit organization, as defined in Section 16-6a-102, if: (a) a food service establishment donates the food for the fundraising event; and (b) a certified food safety manager of the donating food service establishment remains on site during the event; and (13) a lowest risk permitted food establishment category, as determined by the local health officer, according to the following risk assessment evaluation: (a) the food establishment does not serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served; or (b) the food establishment may serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served, but there is no cook step in any food preparations.