Retail Food Establishments: Permit Exemptions

Permit Exemptions

Regulation 61–25: Retail Food Establishments

scdhec.gov/food

CR - 0115 0 6 3/ 2 2

Businesses that Only Serve:

» Popcorn, cotton candy, or candy apples

» Beverages (examples: soft drinks, tea)

» Nachos with cheese product

» Commercially dehydrated pre-packaged pork skins

» Pre-formed or prepared pretzels

» Coee based beverages served with pasteurized dairy

products

» Beverages prepared upon request from commercially pre-

packaged powdered mix without added TCS ingredients

and served in a single service cup

» Commercially pre-packaged, pre-cut frozen fries

» Boiled peanuts or boiled/grilled corn

» Shaved ice products, including those served with

pasteurized dairy products

» Funnel cakes, mini-donuts, or similar products prepared

using a limited operation*

Home-Based Operations:

» Prepare only non-TCS food such as cakes, breads, cookies,

and candy for direct sale to consumer

» These operations must also comply with Home Based Food

Production, SC §44-1-143

Motels & Hotels:

» Must prepare only non-TCS breakfast food or serve only

pre-packaged food

» Dispense commercially pre-packaged wae mix from self-

service units*

Boarding Houses, Hunt Lodges, and Outdoor-

Adventure Tours:

» Must provide room and board or restrict food service to only

residents or participants

Bed and Breakfasts:

» Must have 10 rental rooms or less and a residential kitchen

Churches and Charitable Organizations:

» May serve TCS food to members and invited guests

» May sell non-TCS baked goods (cakes, breads, cookies) to

members, guests, and the public throughout the year

» Only serve TCS food to the public on premises 12 times a

year or less

Soup Kitchens or Food Banks:

» Food must be free and for persons in need of assistance

Cooking Schools or Classes:

» Registered students prepare the food and are the exclusive

consumers of the prepared food

Personal Chefs:

» Prepare and serve at private residence to owner, occupants,

and guests

Vending Machines or Convenience Stores:

» Sell only commercially pre-packaged food from a food

processing plant

Other Operations:

» Operate out of the individual’s dwelling, preparing non-TCS

food with a low risk food process such as the following:

• Jams, jellies, preserves, and dried fruits

• Dry herbs, seasonings, and mixtures

• Vinegar and ﬂavored vinegars

There are dierent situations and types of facilities that are not required to have a DHEC issued permit and do

not have to undergo inspections. Most do not require a permit, because they do not involve the preparation

of Time/Temperature Control for Safety (TCS) food. Below are some examples of foods that may be sold and

processes that may occur without a permit. Please see Regulation 61-25, Citation 8-301.12 (A), for additional

information.

* Product (batter) must NOT be held out of temperature more than four (4) hours; leftover portions of these products must be discarded

at the end of service.