1. A. Except as provided in subsection (B), this Article applies to any FOOD ESTABLISHMENT.

2. B. This Article does not apply to the following, which are not subject to routine inspection or other regulatory activities by a REGULATORY AUTHORITY:

   1. 1. The beneficial use of wildlife meat authorized in A.R.S. § 17-240 and 12 A.A.C. 4, Article 1;
   2. 2. Group homes, as defined in A.R.S. § 36-551;
   3. 3. Child care group homes, as defined in A.R.S. § 36-897 and licensed under 9 A.A.C. 3;
   4. 4. Residential group care facilities, as defined in 21 A.A.C. 7 that have 20 or fewer clients;
   5. 5. Assisted living homes, as defined in A.R.S. § 36-401(A) and licensed under 9 A.A.C. 10, Article 8;
   6. 6. Adult day health care facilities, as defined in A.R.S. § 36-401(A) and licensed under 9 A.A.C. 10, Article 11, that are authorized by the Department to provide services to 15 or fewer participants;
   7. 7. Behavioral health residential facilities, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10, Article 7, that are authorized by the Department to provide services to 10 or fewer residents;
   8. 8. Hospice inpatient facilities, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10, Article 6, that are authorized by the Department to provide services for 20 or fewer patients;
   9. 9. Substance abuse transitional facilities, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10, Article 14, that are authorized by the Department to provide services to 10 or fewer participants;
   10. 10. Behavioral health respite homes, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10, Article 16;
   11. 11. Adult behavioral health therapeutic homes, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10, Article 18;

   12. 12. FOOD that is:

       1. a. Served at a noncommercial social event, such as a potluck;

       2. b. Prepared at a cooking school if:

          1. i. The cooking school is conducted in the kitchen of an owner-occupied home,
          2. ii. Only one meal per day is prepared and served by students of the cooking school,
          3. iii. The meal prepared at the cooking school is served to not more than 15 students of the cooking school, and
          4. iv. The students of the cooking school are provided with written notice that the FOOD is prepared in a kitchen that is not regulated or inspected by a REGULATORY AUTHORITY;
       3. c. Not time/temperature control for safety food and prepared in a kitchen of a private home for occasional sale or distribution for noncommercial purposes;
       4. d. Prepared or served at an employee-conducted function that lasts less than four hours and is not regularly scheduled, such as an employee recognition, an employee fund-raising, or an employee social event;

       5. e. Prepared as part of a demonstration of FOOD preparation or a cooking class offered by:

          1. i. A culinary school or educational institution and all FOOD prepared is consumed by attending students;
          2. ii. A school or business and samples are not offered for human consumption; or
          3. iii. A business where an individual provides, prepares, cooks, and consumes their own FOOD;

       6. f. Offered at a child care facility and limited to:

          1. i. Commercially pre-packaged FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, or
          2. ii. Whole fruits and vegetables that are washed and cut onsite for immediate consumption; or
       7. g. Offered at locations that sell only commercially pre-packaged FOOD that is not time/temperature control for safety food;
   13. 13. A cottage FOOD product, as defined in A.R.S. § 36-931, that is in compliance with R9-8-101.02.
   14. 14. Fruits and vegetables grown in a garden at a public school, as defined in A.R.S. § 15-101, that are washed and cut on-site for immediate consumption.
   15. 15. Microbreweries, farm wineries, or craft distilleries licensed by the Department of Liquor Licenses and Control that sell only commercially prepackaged wrapped foods, crackers, or pretzels that are not time or temperature controlled and are served for immediate consumption.
   16. 16. Spirituous liquor, as defined in A.R.S. § 4-101, produced on the premises licensed by the Department of Liquor Licenses and Control including the area in which production and manufacturing of spirituous liquor occurs and does not provide, allow, or expose a common use cup, glass, or other receptacle used for drinking purposes without the receptacle being thoroughly cleansed and sanitized between consecutive uses, as specified in A.R.S. § 36-136.

Historical Note

New Section R9-8-101.01 renumbered from R9-8-118 and amended by final expedited rulemaking at 31 A.A.R. 666 (February 28, 2025), with an immediate effective date of February 4, 2025 (Supp. 25-1).