42-5106. Rules


A. The department shall adopt rules defining food consistent with section 42-5101
and this section.


B. The department shall include as food:


1. Returnable containers for which a deposit is collected.


2. Ice and dry ice used in packing, shipping or transporting food.


3. Seeds and plants to grow food for personal consumption.


C. The department shall not include food for consumption on the premises, alcoholic
beverages or tobacco as food.


D. The department shall adopt rules which, other than for those items specifically
included or excluded by subsections B and C of this section, define food to be those
items which are intended for human consumption and which are intended for home
consumption. In adopting such rules, the department shall give strong consideration to
those specific items which are then eligible for purchase with food coupons issued by the
United States department of agriculture so as to effectuate the intent of the legislature
as specified in this article.