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20-57-204. Permit required.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-204. Permit required.
(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health.
(b)(1) Permits issued under this section, §§ 20-57-201, 20-57-202 [repealed], 20-57-203, and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health.
(2) A late fee equal to one-half (½) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date.
(c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules.
(d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201, 20-57-202 [repealed], 20-57-203 — 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105).
(e)(1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.
(2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit.
(f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health.
(g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-57-204
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 607ac11c238816fb9a8cfd4375fe397c87ebe9d1af62316ffb994fa416800fc4
Source location: content.xml paragraph 30296
Stored source content
20-57-204. Permit required.
(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health.
(b)(1) Permits issued under this section, §§ 20-57-201, 20-57-202 [repealed], 20-57-203, and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health.
(2) A late fee equal to one-half (½) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date.
(c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules.
(d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201, 20-57-202 [repealed], 20-57-203 — 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105).
(e)(1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.
(2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit.
(f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health.
(g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board.
(h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department:
(1) Potluck suppers;
(2) Community picnics; or
(3) Other group gatherings where food is served but not sold.
(i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee.
(j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00).
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-201. Definitions.
As used in §§ 20-57-203 — 20-57-205:
(1) “Cottage food production operation” means a person who produces food items in the person's home that are not potentially hazardous foods, including without limitation:
(A) Bakery products;
(B) Candy;
(C) Fruit butter;
(D) Jams;
(E) Jellies;
(F) Chocolate-covered fruit and berries that are not cut; and
(G) Similar products specified in rules adopted by the Department of Health;
(2)(A)(i) “Food service establishment” means any place where food is prepared, processed, stored, or intended for use or consumption by the public regardless of whether there is a charge for the food.
(ii) “Food service establishment” includes wholesale and retail food stores, convenience stores, food markets, delicatessens, restaurants, food processing or manufacturing plants, bottling and canning plants, wholesale and retail block and prepackaged ice manufacturing plants, food caterers, and food warehouses.
(iii) “Food service establishment” does not include supply vehicles or locations of vending machines.
(B) The following are also exempt:
(i) Group homes routinely serving ten (10) or fewer persons;
(ii) Daycare centers routinely serving ten (10) or fewer persons;
(iii) Potluck suppers, community picnics, or other group gatherings where food is served but not sold;
(iv) A person at a farmers' market that offers for sale only one (1) or more of the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Maple syrup, sorghum, or honey that is produced by a maple syrup or sorghum producer or beekeeper; or
(c) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic fee
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-57-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-202. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-57-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-203. Secretary of the Department of Health — Powers and duties.
The Secretary of the Department of Health shall have:
(1) Power and authority to prevent the proliferation of infections, contagious, and communicable diseases resulting from unsanitary food service operations; and
(2) Direction and control over all sanitary and quarantine measures for dealing with all such diseases within the state and to suppress the diseases and prevent their spread.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-57-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-205. Disposition of funds.
(a) All fees levied and collected under the provisions of §§ 20-57-102 and 20-57-204 are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel.
(b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-57-205. This identifies an authority to review, not proof of applicability.