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

(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, 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.