In July 2004, The Food Marketing Institute (FMI) submitted comments to the SSTP (please see attachment) asking for an amendment to the “Prepared Food” definition. FMI requested a “bright line” interpretation of number three of the definition, stating that the mere presence of plates, knives, forks, spoons, glasses, cups, napkins, or straws in a store does not constitute a “Prepared Food.” In other words, food items are not “sold with eating utensils” when the seller has merely placed a napkin dispenser on the counter or has set up a utensil island for customers in their store.

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