SB 141 — Organizations, certain; State Department of Health's regulation on sale of food.

SESSION INTRODUCEDSENATE 24102264DSUBSTITUTE I24107423D SENATE BILL NO.

141 OfferedAMENDMENT JanuaryIN 10,THE 2024NATURE NOF PrefiledA JanuarySUBSTITUTE 5,(Proposed 2024by Tthe Senate Committee on Education and Health on February 8, 2024) (Patron Prior to Substitute––Senator Mulchi) A Bregulation of certain organizations;

sale of food.Virginia, relating to State Department of Realth;Health;

–––––––––– Patrons––Ruff and Mulchi O –––––––––– D Referred to Committee on Education and Health –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

§ 35.1-25.

Exemptions.

E2. 1.

Boardinghouses that do not accommodate transients;

D 2.

Churches;, fraternal or school organizations;, organizations that are exempt from taxation under § 501(c)(3) of the Internal Revenue Code;, and volunteer fire departments and volunteer emergency medical services agencies that (i) hold or (ii) not exceeding $3,000 in gross sales in a calendar year, participate in occasional dinners, bazaars, and other fund-raisers fundraisers of one or two days'daNs' duration,church, atschool, whichor foodorganization; (i) prepared in the homes of members;

(ii)or prepared(iii) in(c) thepurchased kitchenor ofdonated thefrom church,a school,restaurant orlicensed organization;pursuant to Chapter 3 (§ 35.1-18 et seq.) is offered for sale to the public.

or (iii) purchased or donated from a Restaurants licensed pursuant toAo Chapter 3 that donate or sell food to the entities identified in this subdivision shall not be required to apply for any additional permits from, or pay any additional permit application fees to, the Department forfTr the proposed occasional dinner, bazaar, or other fundraiser;

4.exclusively for off-premises consumption, and places manufacturing or selling packaged or cannedng goods;

Grocery stores, including the delicatessen portion that is a part of a grocery store selling exclusively for off-premises consumption, and places manufacturing or selling packaged or canned goods;

Churches that serve meals consisting of food prepared in the homes of members or in the kitchen of the church or purchased or donated from a restaurant licensed pursuant to Chapter 3 (§ 35.1-1835.1-S8 et seq6.seq.) for their members or their invited guests;

Convenience stores or gas stations that are subject to the Department of Agriculture and Consumer Services' Retail Food Establishment Regulations or any regulations subsequently adopted and that (i)(i)mer have 15 or fewer seats at which food is served to the public on the premises of the convenience store or gas station and (ii) are not associated with a national or regional restaurant chain.

NotwithstandingNotwithstSnding this :exemption, such convenience stores or gas stations shall remain responsible for collecting any applicable 35 local meals tax;

35T exemption,37 suchathletic convenienceassociation storesor by any charitable nonprofit organization or gasgroup stationsthereof shallthat remainhas responsiblebeen forrecognized collecting/ any38 applicableas 36being locala mealspart tax;of the recreational program of the political subdivision where the association Tr / 39 organization is located by an ordinance or resolution of such political subdivision;

/or 3740 7.8.

ConcessionAny standsbed-and-breakfast atoperation youththat athleticprepares activities,food for and offers food to guests, regardless of the time the food is prepared and offered, if such(i) standsthe arepremises promotedof orthe sponsoredbed-and-breakfast byoperation iT a youthhome 38and athleticoffers associationfood orto transient guests of the bed and breakfast only, (iii) the number of guests sErved by the bed-and-breakfast operation does not exceed 18 on any charitablesingle nonprofitday, organizationand or(iv) groupguests thereoffor thatwhom hasfood beenis recognizedprepared organizationand to whom food is locatedoffered are informed in a manner established by anthe ordinanceBoard orin resolutionregulations ofthat suchthe politicalfood subdivision;is prepared in a kitchen that is not licensed as a restaurant and is not subject to regulations governing restaurants.

orciationcivic service organization, (ii) a volunteer fire department, or 8.(iii) a volunteer emergency medicalofit services agency to employ a certified food protection manager.

AnyS bed-and-breakfast1 operation1 that prepares food for and offers food to guests, regardless of the time the food is prepared and offered, if (i) the premises of the bed-and-breakfast operation is a home that is owner occupied or owner-agent occupied, (ii) the bed-and-breakfast operation prepares food for and offers food to transient guests of the bed and breakfast only, (iii) the number of guests served by the bed-and-breakfast operation does not exceed 18 on any single day, and (iv) guests for whom food is prepared and to whom food is offered are informed in a manner established by the Board in regulations that the food is prepared in a kitchen that is not licensed as a restaurant and is not subject to regulations govB.

No regulation issued by the Board shall require any restaurant that is operated by (i) a nonprofit civic service organization, (ii) a volunteer fire department, or (iii) a volunteer emergency medical services agency to employ a certified food protection manager.