1. (1) a special event sponsored by a municipal or nonprofit civic organization, including a food booth at a school sporting event, a little league athletic event, or a church function;
2. (2) a temporary food service event approved by a local health department;
3. (3) a vendor or other food establishment that serves only commercially prepackaged foods and beverages;
4. (4) a private home not used as a commercial food service establishment, except for a microenterprise home kitchen;
5. (5) a health care facility licensed under Part 26B-2-2, Health Care Facility Licensing and Inspection;
6. (6) a bed and breakfast establishment at which the only meal served is a continental breakfast;
7. (7) a residential child care provider;
8. (8) a child care provider and program licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing;
9. (9) a residential care facility as defined in this rule;
10. (10) a back country outfitter food establishment;
11. (11) a free event sponsored by a charitable organization; and

12. (12) a lowest risk permitted food establishment category, as determined by the local health officer, according to the following risk assessment evaluation:

    1. (a) the food establishment does not serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served; or
    2. (b) the food establishment may serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served, but there is no cook step in any food preparations.

The following food establishment types are not subject to the requirements of this rule:

KEY: public health, food service, food manager, food safety

Date of Last Change: November 9, 2025

Notice of Continuation: February 7, 2024

Authorizing, and Implemented or Interpreted Law: 26B-1-202(2)(a); 26B-1-202(2)(z); 26B-7-410