(1) The following are not subject to the provisions of Section 26B-7-410: (a) special events sponsored by municipal or nonprofit civic organizations, including food booths at school sporting events and little league athletic events and church functions; (b) temporary event food services approved by a local health department; (c) vendors and other food service establishments that serve only commercially prepackaged foods and beverages as defined by the department by rule; (d) private homes not used as a commercial food service establishment; (e) health care facilities licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection; (f) bed and breakfast establishments at which the only meal served is a continental breakfast as defined by the department by rule; (g) residential child care providers; (h) child care providers and programs licensed under Chapter 2, Part 4, Child Care Licensing; (i) back country food service establishments; (j) an event that is sponsored by a charitable organization, if, at the event, the organization: (i) provides food to a disadvantaged group free of charge; and (ii) complies with rules established by the department under Subsection (4); (k) a fundraising event hosted or sponsored by a nonprofit organization, as that term is defined in Section 16-6a-102, if: (i) a food service establishment donates the food for the fundraising event; and (ii) a certified food safety manager of the food service establishment remains on the site of the fundraising event; and (l) a lowest risk or permitted food establishment category determined by a risk assessment evaluation established by the department by administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) If a food service establishment donates food to a nonprofit organization as described in Subsection (1)(k), the department may not require the food service establishment to obtain additional training, pay additional fees, or submit to additional testing for the purpose of donating, delivering, or serving food at the fundraising event. (3) Nothing in this section may be construed as exempting a food service establishment described in Subsection (1) or (2) from any other applicable food safety laws of this state. (4) The department may establish additional requirements, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for charitable organizations providing food for free under Subsection (1)(j).
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