§ 20-57-201 — Definitions

As used in §§ 20-57-203 - 20-57-205 : (1) (A) (i) "Food service establishment" means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food. (ii) "Food service establishment" includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses. (iii) "Food service establishment" does not include supply vehicles or locations of vending machines. (B) The following are also exempt: (i) Group homes routinely serving ten (10) or fewer persons; (ii) Daycare centers routinely serving twelve (12) or fewer persons; (iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (iv) A person at a farmers' market that offers for sale only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (v) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed or a homemade food or drink product under the Food Freedom Act, § 20-57-501 et seq.; (vi) A maple syrup and sorghum processor and beekeeper if the processor or beekeeper offers only maple syrup, sorghum, or honey directly to the consumer from the site where those products are processed or homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq., or both; (vii) A person who offers for sale only one (1) or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven (7) consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey if produced by a maple syrup or sorghum processor or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (viii) A farm market that offers for sale at the farm market only one (1) or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; (c) Commercially prepackaged food that is not potentially hazardous; or (d) Homemade food or drink products under the Food Freedom Act, § 20-57-501 et seq.; (ix) An establishment that offers only prepackaged foods that are not potentially hazardous as defined by the State Board of Health; (x) Ice vending machines or kiosks where ice is dispensed in the open air and that are totally self-contained; and (xi) A producer or informed end consumer engaged in transactions under the Food Freedom Act, § 20-57-501 et seq.; and (2) "Food service industry" means the aggregate of food service establishments.

Legislative History

Amended by Act 2023, No. 829,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1040,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 306,§ 1, eff. 3/9/2021. Amended by Act 2019, No. 775,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 399,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 399,§ 1, eff. 8/1/2017. Acts 1977, No. 357, § 1; 1979, No. 734, § 1; A.S.A. 1947, § 82-997; Acts 1987, No. 903, § 1; 1989, No. 67, § 1; 1991, No. 378, § 2; 2009, No. 1403, § 1; 2011, No. 72, § 1.