Exempt from permit/Not a food establishment

What is exempt?

Certain foods have been identified in the Washington Administrative Retail Food Code as not requiring a permit. Please note that while your items may be exempt from permit, they are not exempt from food safety codes. These foods include the following:

  • popcorn and flavored popcorn
  • cotton candy
  • dried herbs and spices processed in an approved facility
  • Crushed ice drinks with no phf ingredients dispensed from a self-contained machine that makes its own ice (snow cones and shave ice are not included)
  • corn on the cob prepared for immediate service (not held hot)  
  • roasted nuts and roasted candy-coated nuts
  • chocolate-dipped ice cream bars prepared from pre-packaged ice cream bars produced in a USDA or WSDA food processing plant
  • chocolate-dipped bananas peeled and frozen in an approved facility 
  • individual samples of non-potentially hazardous sliced fruits and vegetables
  • whole and uncut fresh fruits and vegetables
  • whole peppers roasted for immediate service
  • non-potentially hazardous baked goods (such as brownies, cookies and fruit pies) prepared and wrapped in a sanitary manner by a non-profit organization operating for religious, charitable or educational purposes AND with a sign, clearly visible to customers, stating that these items are prepared in a kitchen that is not inspected by Clark County Public Health

This list is subject to changes.  Check annually to ensure your food items still fall into this category. 

Required forms

Both of the following are required to sell food to the public that are exempt from permit.