§ 2-2-19 — Regulation of Micro Markets and Vending Machines

(a) For purposes of this section, the following terms shall have the following meanings:
(1) MICRO MARKET. An unstaffed, self-checkout retail food service facility that does all of the following:
a. Includes one or more micro market displays.
b. Has an automated payment kiosk or other device designed to accept electronic payments that is operated by the consumer.
c. Is located indoors and within a separate business.
d. Is generally accessible only to individuals within the building in which the food service facility is located.
(2) MICRO MARKET DISPLAY. The place where the food being sold by a micro market is displayed, including any of the following:
a. An open rack.
b. A refrigerator, refrigerated cooler, or freezer that has an automated self-locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer.
c. A vending machine.
d. A beverage dispenser.
e. A single-serve coffee brewer.
(3) VENDING MACHINE. A self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation.
(b) Notwithstanding any provision of law to the contrary, the regulatory authority provided to the Department of Public Health shall not apply to the regulation of a micro market or vending machine or to any food and beverages sold by a micro market or vending machine as defined in this section.
(c) Except as provided in Sections 11-51-98, 20-1-7, 21-1-41, and 40-12-176, and as otherwise provided by general and local law, the Department of Agriculture and Industries shall regulate micro markets and vending machines.

Legislative History

(Act 2021-460, §§1-3.)