Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 8 - DEPARTMENT OF HEALTH SERVICES - FOOD, RECREATIONAL, AND INSTITUTIONAL SANITATION › Article 1 - FOOD ESTABLISHMENTS › Section R9-8-118 - Exempt from Requirements and Inspections

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (B), this Article applies to any FOOD
				ESTABLISHMENT.
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. The beneficial use of wildlife meat
				authorized in A.R.S. §
										17-240 and 12 A.A.C. 4, Article 1;
2. Group homes, as defined in A.R.S. §
										36-551;
3. Child care group homes,
				as defined in A.R.S. §
										36-897 and licensed under 9 A.A.C. 3;
4. Residential group care facilities, as
				defined in A.A.C. R6-5-7401 that have 20 or fewer clients;
5. Assisted living homes, as defined in
				A.R.S. §
										36-401(A)  and licensed under 9 A.A.C. 10, Article 8;
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. 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.
				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. 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. Behavioral health
				respite homes, as defined in A.A.C. R9-10-101 and licensed under 9 A.A.C. 10,
				Article 16;
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. FOOD
				that is:
a. Served at a noncommercial social
				event, such as a potluck;
b.
				Prepared at a cooking school if:
i. The
				cooking school is conducted in the kitchen of an owner-occupied home,
ii. Only one meal per day is prepared and
				served by students of the cooking school,
iii. The meal prepared at the cooking school
				is served to not more than 15 students of the cooking school, and
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;
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;
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;
e. A
				demonstration of FOOD preparation or cooking class offered by:
i. A culinary school or educational
				institution and all FOOD prepared is consumed by attending students;
ii. A school or business and samples are not
				offered for human consumption; and
iii. A business where an individual provides,
				prepares, cooks, and consumes their own FOOD.
f. Offered at a child care facility and
				limited to commercially pre-packaged FOOD that is not time/tem-perature control
				for safety food and whole fruits and vegetables that are washed and cut onsite
				for immediate consumption; or
g.
				Offered at locations that sell only commercially pre-packaged FOOD that is not
				time/temperature control for safety food;
13. A cottage FOOD product, as defined in
				A.R.S. §
										36-136(Q), prepared for commercial purposes that:
a. Is not time/temperature control for safety
				food as defined in A.R.S. §
											36-136(I)(4)(g); or
b. Is not a FOOD that requires time and
				temperature control for safety to limit pathogenic microorganism growth or
				toxin formation; and
c. Is prepared
				in the kitchen of a home by a food preparer or under the supervision of an
				individual who:
i. Has a certificate of
				completion from completing a food handler training course from an accredited
				program;
ii. Maintains an active
				certification of completion; and
iii. If a food preparer, is registered with
				the Department, as required in A.R.S. §
												36-136(I)(4)(g)  and specified in
				subsection (D); and
d. Is
				PACKAGED at the home with an attached label that includes:
i. The name, and registration number of the
				food preparer registered with the Department as specified in subsection
				(D);
ii. A list of the ingredients
				in the cottage FOOD;
iii. The date
				the cottage FOOD was prepared; and
iv. The statement: This product was produced
				in a home kitchen that may process common FOOD allergens and is not subject to
				public health inspection; and
v. If
				applicable, a statement that the cottage FOOD was prepared in the home kitchen
				of a facility for individuals with developmental
				disabilities.
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. 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. 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.