US Lawyer Database

34-18-38. Exemption from licensure––Requirements.

A person selling food prepared at the person’s primary residence, in accordance with §34-18-35, is exempt from the licensing and license fee provisions of this chapter if:

(1)The food meets the requirements of §34-18-37;

(2)The food is sold in the seller’s physical presence at:

(a)The seller’s primary residence;

(b)A farmer’s market;

(c)A roadside stand; or

(d)Other temporary sale venue; and

(3)The seller, or a person residing at the seller’s primary residence, personally delivers the food to the buyer at the completion of the sale.

Source: SL 2011, ch 158, §1; SL 2020, ch 143, §2; SL 2022, ch 106, §5.