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.