Ariz. Admin. Code § 9-8-118

Current through Register Vol. 30, No. 24, June 14, 2024

Section R9-8-118 - Exempt from Requirements and Inspections

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.

C. A food preparer who meets the requirements in subsection (B)(13) is authorized to prepare cottage FOOD for commercial purpose.

D. To be exempt from the requirements in this Article, a food preparer identified in subsection (C) shall:

1. Complete a food handler training course from an accredited program;

2. Register with the Department by submitting:

a. An application in a Department-provided format that includes:

i. The food preparer's name, address, telephone number, and e-mail address;

ii. If the food preparer is supervised, the supervisor's name, address, telephone number, and e-mail address;

iii. The address, including the county, of the home where the cottage FOOD is prepared;

iv. Whether the home where the cottage FOOD is prepared is a facility for developmentally disabled individuals; and

v. A description of each cottage FOOD prepared for commercial purposes;

b. A copy of the food preparer's certificate of completion for the completed food handler training course;

c. If the food preparer is supervised, the supervisor's certificate of completion for the completed food handler training course; and

d. An attestation in a Department-provided format that the food preparer:

i. Has reviewed Department-provided information on FOOD safety and safe FOOD handling practices;

ii. Based on the Department-provided information, believes that the cottage FOOD prepared for commercial purposes is not time/temperature control for safety food or is not a FOOD that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation; and

iii. Includes the food preparer's printed name and date.

3. Maintain an active certification of completion for the completed food handler training course;

4. Renew the registration in subsection (D)(2) every three years;

5. Submit any change to the information or documents provided according to subsection (D)(2)(a) through (c) to the Department within 30 calendar days after the change; and

6. Display the food preparer's certificate of registration when operating as a temporary FOOD ESTABLISHMENT and selling cottage FOOD.

E. Food establishments shall have until January 31, 2022 to comply with the certified food protection manager requirement specified in this Article.

Ariz. Admin. Code § R9-8-118

Section repealed by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Adopted by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020. Amended by final expedited rulemaking at 30 A.A.R. 237, effective 1/10/2024.