(1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:
(a) must be operated in compliance with applicable department rules; and
(b) shall obtain a permit from the local health regulatory authority on a form approved by the state.
(2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.
(b) A temporary food establishment operated by a nonprofit organization:
(i) is exempt from paying a permit fee; and
(ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.