1. (A) A bed and breakfast with a residential kitchen may provide the following food service without having to obtain a permit authorizing the service:

   1. (1) a continental or full breakfast to registered guests only;
   2. (2) a tea-type service to registered guests only.
2. (B) Regulations promulgated by the Department of Public Health pursuant to Section 44-1-140(2) or other provision of law and by the Department of Agriculture pursuant to Section 46-57-50(1) or other provision of law regarding food service do not apply to a bed and breakfast providing only the food service identified in subsection (A) of this section. Instead of those regulations, a bed and breakfast must comply with the provisions of Section 45-4-40.
3. (C) A bed and breakfast providing any food service other than that identified in subsection (A) of this section must comply with regulations applicable to that food service, including catering.

HISTORY: 1998 Act No. 300, SECTION 1, eff May 27, 1998; 2026 Act No. 146 (H.4189), SECTION 206.A, eff May 15, 2026.

Effect of Amendment

2026 Act No. 146, SECTION 206.A, rewrote (B).