1. (1) The following food service establishments are exempt from the requirements of this rule:

   1. (a) a mobile food business;
   2. (b) a certified or licensed child care facility, including a residence, that provides care for 16 or fewer children;
   3. (c) a residential treatment program, residential support program, or recovery residence, as defined in this rule and in Rule R392-110, that provides a 24-hour group living environment for between four and 16 individuals unrelated to the owner or provider;
   4. (d) an agritourism food establishment; and
   5. (e) a microenterprise home kitchen.
2. (2) A mobile food business operator shall comply with Rule R392-102.

3. (3) The following shall comply with Rule R392-110:

   1. (a) certified or licensed childcare facilities, including residences, that provide care for 16 or fewer children;
   2. (b) residential treatment programs;
   3. (c) residential support programs; and
   4. (d) recovery residences providing a 24-hour group living environment for between four and 16 individuals unrelated to the owner or provider.
4. (4) An agritourism food establishment operator shall comply with Rule R392-105.
5. (5) A microenterprise home kitchen shall comply with Rule R392-106.

KEY: public health, food services, sanitation, food safety

Date of Last Change: June 11, 2025

Notice of Continuation: November 1, 2021

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402