§ 4358.
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§ 4358. Exemptions
(a)The provisions of this subchapter shall apply only to those hotels, inns, restaurants, tourist camps, and other places that solicit the patronage of the public by advertising by means of signs, notices, placards, radio, electronic communications, or printed announcements.
(b)The obligation to obtain a license and the associated licensure fees in this subchapter shall not apply to a cottage food operation or other food manufacturing establishment that is exempt due to its average gross retail sales being below the listed thresholds in section 4353 of this title.
(c)Annually, a food manufacturing establishment claiming a licensing exemption pursuant to this title shall submit to the Department a licensing exemption filing as required by rule. The licensing exemption filing shall require the food manufacturing establishment to attest to the completion of any training required by rule pursuant to section 4303 of this title.
(d)The Commissioner shall not adopt a rule requiring food establishments that operate less than six months of the year and provide outdoor seating for fewer than 16 people at one time to provide toilet and hand washing facilities for patrons. (Amended 2017, No. 76, § 5; 2025, No. 42, § 5, eff. July 1, 2025.)