(1) The regulatory authority may exempt a person from the provisions of WAC 246-215-200
(1) and section 8-301.11 of the Food Code
in order to operate without a food establishment permit, provided that the person meets the other provisions of this chapter, including not using any food prepared in a residential kitchen or other nonapproved facility, and the types of food served are limited to those specified in subsection (4) of this section.
(2) The person requesting a permit exemption under subsection (1) of this section must submit a written application for an exemption on a form provided by the regulatory authority at least fourteen calendar days before providing food service, or as otherwise required by the regulatory authority.
(3) The person requesting a permit exemption under subsection (1) of this section must submit properly prepared plans and specifications of the food service facilities and equipment if the regulatory authority requires it, based on a review of the application for an exemption submitted under subsection (2) of this section.
(4) The person requesting a permit exemption under subsection (1) of this section must limit food handling to one or more of the following foods:
(a) Popcorn and flavored popcorn;
(b) Cotton candy;
(c) Dried herbs and spices processed in an approved facility;
(d) Machine-crushed ice drinks containing nonpotentially hazardous ingredients and made with ice from an approved source;
(e) Corn on the cob;
(f) Whole peppers roasted for immediate service;
(g) Roasted nuts and roasted candy-coated nuts;
(h) Deep-fried pork skins prepared from pork skins rendered at a food processing plant;
(i) Caramel apples;
(j) Chocolate-dipped ice cream bars prepared from prepackaged ice cream bars produced in a food processing plant;
(k) Chocolate-dipped bananas prepared from bananas peeled and frozen in an approved facility; and
(l) Individual samples of nonpotentially hazardous sliced fruits and vegetables.
[Statutory Authority: RCW 43.20.050, 43.20.145 and 69.80.060. 04-22-111, § 246-215-191, filed 11/3/04, effective 5/2/05.]