What food and beverage items are exempt from permit requirements?

The following is a list of temporary food establishment permit exemptions (per regulation):
  • Bottled water, canned soft drinks.
  • Coffee/Tea with powdered non-dairy creamer or ultra-pasteurized creamer packaged in individual servings (this exemption does not include beverages such as lattés and espressos that are mixed with dairy product or ice by the vendor during preparation).
  • Commercially prepared acidic beverages (orange juice, lemonade, etc.) that are served from the original, properly labeled container without the addition of consumer ice or other regulated food product.
  • Draft beer and other alcoholic beverages (wine) that are served without the addition of consumer ice or the addition of other regulated food product.
  • Hermetically sealed and unopened containers of non-time/temperature control for safety food (TCS) etc.
  • Hot chocolate prepared without the use of time/temperature control for safety food (TCS) dairy products.
  • Non-time/temperature control for safety food (TCS) prepackaged baked goods with proper labeling from an approved source and requiring no on-site preparation (opening of package and contact with food item).
  • Non-time/temperature control for safety food (TCS) and unopened prepacked foods from an approved source with proper labeling such as honey, jerked meats, potato chips, popcorn and other similar foods.
  • Produce sold from a produce stand where no sampling (cuttin or slicing) or food preparation is done.
  • Commercially prepared, prepackaged, and unopened ice cream that is appropriately labeled as to ingredients and manufacturer. Smoothie products (Jamba Juice and Keva Juice) made and prepackaged at the fixed permitted facility and appropriately labeled with ingredients and manufacturer.
  • Shelled and unshelled nuts, including flavored nuts for sample or sale.
  • Food Supplements that are offered for sample or sale without the addition of regulated food items. These include, but are not limited to vitamins, minerals, protein powder mixes, energy drinks, and herbal mixtures (excluding those containing unapproved additives such as CBD or kratom).
  • Foods from an approved source prepared for a “cook-off” or judging contest in which food is not provided to the public.