36-931. Definitions

368 words·~2 min read·/az/title-36/36-931

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this article, unless the context otherwise requires:

1. "Cottage food product":

(a)Means a food that is prepared in a home kitchen by or under the direct supervision of an individual who is registered with the department and that either, as defined by the department in rule:

(i)Is not potentially hazardous or does not require time or temperature control for safety.

(ii)Is potentially hazardous or requires time or temperature control for safety.

(b)Does not include alcoholic beverages, unpasteurized milk or foods that are or that contain alcoholic beverages, fish and shellfish products, meat, meat by-products, poultry or poultry by-products unless the sale of those items is allowed by federal law, including all of the following:

(i)Poultry, poultry by-products or poultry food products if the registered food preparer raised the poultry pursuant to the one thousand bird exemption set forth in 9 Code of Federal Regulations section 381.10(c).

(ii)Poultry, poultry by-products or poultry food products if the poultry is from an inspected source pursuant to 9 Code of Federal Regulations section 381.10(d).

(iii)Meat, meat by-products or meat food products if the meat is from an inspected source pursuant to 9 Code of Federal Regulations section 303.1(d).

2. "Department" means the department of health services.

3. "Home kitchen" means a kitchen in either, as applicable:

(a)The residential home or dwelling of the individual who is registered with the department to prepare cottage food products, of a type that is normally found in a residential home and that does not exceed one thousand square feet.

(b)A facility for individuals with developmental disabilities and of a type normally found in a facility for individuals with developmental disabilities.

4. "Potentially hazardous" means that a cottage food product does not meet the requirements of the food code published by the United States food and drug administration, as modified and incorporated by reference by the department by rule.

5. "Third-party food delivery platform" means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the order from the food facility to the consumer.