Food Safety Exemptions

The following individuals or organizations are exempt from the requirement to obtain a VDH Food Permit before serving food to the public.

• Vendors/organizations that offers only non-TCS pre-packaged foods served (TCS foods are foods that require temperature control for safety such as eggs, dairy, meat, poultry, fish, and seafood).
• A produce stand that only offers whole, uncut fresh fruits and vegetables.
• A food processing plant, including those that are located on the premises of a food establishment.
• Cafeterias operated by industrial plants for employees only.
• Boardinghouses that do not accommodate transients.
• Churches, fraternal, school and 501C3 tax exempt organizations, volunteer fire department and rescue squads that hold or participate in occasional dinners and bazaars not more than one time per week and not in excess of two days duration at which food prepared in: 1) homes of the members; 2) prepared in the kitchen of the church, school, or organization; or 3) purchased, or donated from a permitted restaurant is offered for sale to the public.
• Convenience stores or gas stations that (i) 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. (These locations require a permit from VDACS).
• Concession stands at youth athletic activities, if such stands are promoted or sponsored by a youth athletic association or by any charitable nonprofit organization or group thereof that has been recognized as being a part of the recreational program of the political subdivision where the association or organization is located by an ordinance or resolution of such political subdivision.
• Any bed-and-breakfast operation that prepares food for and offers food only 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, the number of guests served by the bed-and-breakfast operation does not exceed 18 on any single day, and 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 governing restaurants.