§ 27-3005. Exemptions and waivers.

1. Notwithstanding any inconsistent provision of law, this title shall
not apply to:

(a) Prepackaged food filled or sealed prior to receipt at a covered
food service provider; or

(b) Raw meat, pork, seafood, poultry or fish sold for the purpose of
cooking or preparing off-premises by the customer.

2. Any facility, regardless of its income, including soup kitchens,
food pantries and places of worship, operated by a not-for-profit
corporation or by a federal, state, or local government agency that
provides food to needy individuals at no or nominal charge, and any
covered food service provider having an annual gross income under five
hundred thousand dollars per location as stated on the income tax filing
for the most recent tax year and that: (a) does not operate ten or more
locations within the state; and (b) is not operated pursuant to a
franchise agreement may request from the department, in a manner and
form established by the department, a financial hardship waiver of the
requirements of section 27-3003 of this title. Such waiver request may
apply to one or more disposable food service containers sold, offered
for sale, or distributed by any such covered food service provider. The
department shall grant a waiver if such covered food service provider
demonstrates that there is no alternative product of comparable cost
that is not composed of expanded polystyrene foam and that the purchase
or use of an alternative product that is not composed of expanded
polystyrene foam would create an undue financial hardship. Such
financial hardship waiver shall be valid for twelve months and shall be
renewable upon application to the department.