§ 46.1141. Requirement: license or registration.

 (a)  General requirement. A person may not operate a food facility without a valid registration issued by the Department, or license issued by the Department or licensor, unless otherwise provided in subsection (b).

 (b)  Exceptions.

   (1)  A building, structure or place owned, leased or otherwise in possession of a person or municipal corporation or public or private organization, used or intended to be used by two or more farmers or an association of farmers for the purpose of selling food directly to consumers—otherwise known as a farmer’s market—shall be considered to be a single retail food establishment for purposes of registration under section 14 of the Food Act (31 P. S. §  20.14).

   (2)  The following food establishments are exempt from registration requirements under section 14 of the Food Act:

     (i)   Vehicles used primarily for the transportation of a consumer commodity in bulk or quantity to manufacturers, packers, processors or wholesale or retail distributors.

     (ii)   A food establishment in which at least 50% of the commodities sold were produced on the farm on which the food establishment is located.

     (iii)   A food establishment in which food or beverages are sold only through a vending machine.

     (iv)   A food establishment in which only prepackaged, nonpotentially hazardous food or beverages are sold.