(1) The regulatory authority may exempt a person from the provisions of WAC 246-215-08600(1) and 246-215-08300 of this chapter in order to operate without a food establishment permit, if the person meets the other provisions of this chapter, including not using any food prepared in a residential kitchen or other nonapproved facility, and the types of food served are limited to those specified in subsection (4) of this section.

(2) The person requesting a permit exemption under subsection (1) of this section shall submit a written application for an exemption on a form provided by the regulatory authority at least 14 calendar days before providing food service, or as otherwise required by the regulatory authority.

(3) The person requesting a permit exemption under subsection (1) of this section shall submit properly prepared plans and specifications of the food service facilities and equipment if the regulatory authority requires it, based on a review of the application for an exemption submitted under subsection (2) of this section.

(4) The person requesting a permit exemption under subsection (1) of this section shall limit food handling to one or more of the following foods:

(a) Individual samples of nontime/temperature control for safety food sliced fruits and vegetables;

(b) Popcorn and flavored popcorn prepared from commercially packagednontime/temperature control for safety food ingredients;

(c) Dried herbs and spices processed in an approved facility;

(d) Crushed ice drinks containing only nontime/temperature control for safety food ingredients and dispensed from a self-contained machine that makes its own ice. Drinks with time/temperature control for safety food, snow cones, and shaved ice are not included;

(e) Corn on the cob;

(f) Whole roasted peppers;

(g) Roasted nuts, roasted peanuts, and roasted candy-coated nuts;

(h) Chocolate-dipped ice cream bars prepared from prepackaged ice cream bars produced in a food processing plant;

(i) Chocolate-dipped bananas prepared from bananas peeled and frozen in an approved facility; and

(j) Cotton candy.