<section number="4-5a-102"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">433</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>For purposes of this chapter:<subsection number="4-5a-102(1)"><subsection number="4-5a-102(1)(a)">"Commercial establishment" means a wholesale or retail business that displays, sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics.</subsection><subsection number="4-5a-102(1)(b)">"Commercial establishment" does not include a:<subsection number="4-5a-102(1)(b)(i)">direct-to-sale location; or</subsection><subsection number="4-5a-102(1)(b)(ii)">direct-to-sale farmers market.</subsection></subsection></subsection><subsection number="4-5a-102(2)">"Designated representative" means a person contracted by a producer to distribute, sell, deliver, hold, store, or offer for sale the producer's homemade food product.</subsection><subsection number="4-5a-102(3)">"Direct-to-sale farmers market" means a public or private facility or area where producers gather on a regular basis to sell directly to an informed final consumer fresh food, locally grown products, and other food items that have not been certified, licensed, regulated, or inspected by state or local authorities.</subsection><subsection number="4-5a-102(4)">"Direct-to-sale location" means a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by both a producer or a producer's designated representative and the informed final consumer where a producer or group of producers sells a food or food product to an informed final consumer.</subsection><subsection number="4-5a-102(5)">"Home consumption" means the use or ingestion of homemade food or a homemade food product within a private home by a family member, an employee, or a nonpaying guest.</subsection><subsection number="4-5a-102(6)">"Homemade food product" means a food product that is prepared in a private home kitchen that can be used, or prepared for use, as food or nonalcoholic drink, subject to the limitation described in Subsection <xref depth="4" refnumber="4-5a-105(1)" start="0">4-5a-105(1)</xref>.</subsection><subsection number="4-5a-102(7)">"Informed final consumer" means an individual who:<subsection number="4-5a-102(7)(a)">purchases the product directly from the producer or the producer's designated representative;</subsection><subsection number="4-5a-102(7)(b)">does not resell the product; and</subsection><subsection number="4-5a-102(7)(c)">has been informed that the product is not certified, licensed, regulated, or inspected by the state.</subsection></subsection><subsection number="4-5a-102(8)">"Minor-operated business" means a business that is operated by an individual who is:<subsection number="4-5a-102(8)(a)">under 18 years old; and</subsection><subsection number="4-5a-102(8)(b)">not regularly engaged in selling items.</subsection></subsection><subsection number="4-5a-102(9)">"Minor producer" means a producer that is:<subsection number="4-5a-102(9)(a)">an individual; and</subsection><subsection number="4-5a-102(9)(b)">under 18 years old.</subsection></subsection><subsection number="4-5a-102(10)">"Producer" means a person who harvests or produces homemade food or a homemade food product.</subsection></section>