(1) The following are not subject to the provisions of Section 26-15a-104: (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 21, Health Care Facility Licensing and Inspection Act; (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 39, Utah Child Care Licensing Act; (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 (3); and (k) 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.

(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 21, Health Care Facility Licensing and Inspection Act;

(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 39, Utah Child Care Licensing Act;

(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 (3); and

(i) provides food to a disadvantaged group free of charge; and

(ii) complies with rules established by the department under Subsection (3); and

(k) 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) Nothing in this section may be construed as exempting a food service establishment described in Subsection (1) from any other applicable food safety laws of this state.

(3) 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).