50-49-202. Definitions. For the purposes of this part, the following definitions apply:

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(1)”Deliver” means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer’s designated agent at a farm, ranch, home, office, traditional community social event, other private property, or another location agreed to between the producer or agent and the informed end consumer.

(2)”Home consumption” means:

(a)the consumption of food or a food product in a private home; or

(b)the consumption of food or a food product from a private home.

(3)”Homemade” means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.

(4)”Informed end consumer” means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.

(5)(a) “Producer” means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.

(b)The term does not include the entities listed in 50-49-203(1)(c).

(6)”Small dairy” means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.

(7)”Traditional community social event” means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:

(a)wedding;

(b)funeral;

(c)church or religious social;

(d)school event;

(e)farmer’s market;

(f)potluck;

(g)neighborhood gathering;

(h)club meeting or social; or

(i)youth or adult outdoor club or sporting event.

(8)”Transaction” means an exchange of buying and selling, including the transfer of a product by delivery.