§ 20-57-204 — Permit required

(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health. (b) (1) Permits issued under this section, §§ 20-57-201 , 20-57-202 [repealed], 20-57-203 , and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health. (2) A late fee equal to one-half (1/2) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date. (c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules. (d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201 , 20-57-202 [repealed], and 20-57-203 - 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105). (e) (1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. (2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit. (f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health. (g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board. (h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department: (1) Potluck suppers; (2) Community picnics; or (3) Other group gatherings where food is served but not sold. (i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee. (j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00).

Legislative History

Amended by Act 2019, No. 315,§ 2180, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2179, eff. 7/24/2019. Acts 1977, No. 357, § 3; 1980 (1st Ex. Sess.), No. 20, § 1; A.S.A. 1947, § 82-997.2; Acts 1987, No. 903, § 3; 1989, No. 67, § 3; 1991, No. 378, § 3; 1993, No. 130, § 1; 1993, No. 146, § 1; 1995, No. 168, § 1; 1997, No. 102, § 1; 1999, No. 217, §§ 1, 2; 2001, No. 467, § 1; 2001, No. 546, § 1; 2005, No. 394, § 1; 2009, No. 1403, § 2; 2011, No. 226, § 1; 2011, No. 1121, § 13.