Utah Admin. Code R392-100-4 - Incorporation by Reference
(1)
The Department incorporates by reference the following:
(a) Section 402 of the Federal Food, Drug and
Cosmetic Act, 21 U.S.C.
342; and
(b) The 2013 version of the U.S. Public
Health Service, Food and Drug Administration, Model Food Code ("Food Code "),
Chapters 1 through 8, Annex 1 Parts 8-6 through 8-9, with the stated exceptions
and amendments as established in Subsection
R392-100-4(2).
(2) The following subparts of the Food Code
are not incorporated into this rule:
(a)
Subpart 5-203.15(B);
(b) Subparts
5-402.11(B), (C) and (D);
(c)
Subparts 8-302.14(D) and (E);
(d)
Subpart 8-304.11(K);
(e) Annex 1,
Subpart 8-905.40;
(f) Annex 1,
Subparagraphs 8-905.90(A)(1) and (2);
(g) Annex 1, Subpart
8-909-20; and
(h) Annex 1, Subparagraphs 8-911.10(B)(1) and
(2).
(3)
(a) This rule incorporates by reference
Subpart 1-201.10(B) of the Food Code .:
(i)
"Core Item(1)" is changed to read, "'Core Item' also referred to as
"non-critical" means a provision in the Food Code that is not designated as a
Priority Item or a Priority Foundation Item;
(ii) "Food Establishment(2)" is changed to
add Paragraph (c) to read:
"(2)
(c) A catering operation that is a licensed
business entity that operates from a permitted food establishment that
contracts with a client for food service to be provided to a client, or the
client's guests or customers at a different location. A catering operation may
cook or perform final preparation of food at the service location. A catering
operation does not include routine services offered at the same location, or a
meal that is individually purchased with the exception of cash
bars."
(iii)
"Food Establishment(3)" is changed to add Subparagraph (h), (i), (j), and (k)
to read:
"(3)
(h) an agritourism food
establishment
(3)
(i) a food truck ;
(3)
(j) a
microenterprise home kitchen
(3)
(k) a
certified or licensed childcare facility, including a residence, that provides
care for 16 or fewer children; a residential treatment program; a residential
support program; and recovery residence providing a 24-hour group living
environment for between four and 16 individuals unrelated to the owner or
provider"
(iv)
A definition of "Potentially Hazardous Food" is added to read:
"'Potentially Hazardous Food' means the same as 'Time/Temperature Control for Safety Food.'
(v) "Priority Item(1)" is changed to read:
"'Priority Item' also referred to as 'critical 1' means a
provision in the
(vi)
"Priority Foundation Item(1)" is changed to read:
"'Priority Foundation Item' also referred to as 'critical 2'
means a provision in the
(b) After Subpart 2-102.12 of the Food Code ,
a new subpart is added to read:
"2-102.13 Food Employee Training. The person in charge shall obtain training and certification as required under Chapter 26-15a, and Rule R392-101. Food employees shall obtain training in food safety as required under Section 26-15-5 and Rule R392-103, Food Handler Training and Certificate."
(c) Paragraph 3-201.16(A) of the Food Code is
changed to read:
"Except as specified in Paragraph (B), mushroom species picked in the wild shall not be offered for sale or service by a food establishment."
(d) Subpart
3-501.17 of the Food Code is changed to include additional Paragraph (H):
"(H) A date marking system that meets the
criteria stated in Paragraph (A) shall use one of two types of date marks, and
that date mark must be used consistently throughout the food establishment. The
date mark will either be of the date:
(A)
before which food must be used as specified in Paragraph (A); or
(B) be the date of Day
1."
(e)
Subparagraph 3-501.19(B)(2) of the Food Code is changed to read:
"Only one time-marking scheme may be used, and it must be used consistently throughout the food establishment. The food shall be marked with either:
(a) the time food is
removed from temperature control; or
(b) the time before which the food shall be
cooked and served at any temperature if ready-to-eat, or discarded."
(f) Paragraph 3-603.11(A) of the
Food Code is changed to read:
"(A) Except as
specified in Paragraphs 3-401.11(C) and 3401.11(D)(4), and under Paragraph
3-801.11(C), if an animal food such as beef, eggs, fish, lamb, pork, poultry,
or shellfish is served or sold raw, undercooked, or without otherwise being
processed to eliminate pathogens, either in ready-to-eat form or as an
ingredient in another ready-to-eat food, the permit holder shall inform
consumers of the significantly increased risk of consuming such foods by way of
a disclosure and reminder, as specified in Paragraphs (B) and (C) using
brochures, deli case or menu advisories, label statements, table tents,
placards, or other effective written means."
(g) After Subpart 4-204.123 of the Food Code
a new subpart is added to read:
"4-204.124 Restraint of Pressurized Containers. Carbon dioxide, helium, or other similar pressurized containers shall be restrained or secured to prevent the tanks from toppling."
(h) Subpart 5-101.12 of the Food Code is
changed to add:
"The process shall be in accordance with the American Water Works Association (AWWA) C651-2015 for disinfection and testing."
(i) Subpart 5-202.13 of the Food
Code is deleted and replaced to read:
"(A)
Where the horizontal distance from the water supply inlet to an adjacent single
wall or obstruction is greater than three times the diameter of the inlet, or
greater than four times for intersecting walls, an air gap between the water
supply inlet and the flood level rim of the plumbing fixture, equipment, or
nonfood equipment shall be at least twice the diameter of the water supply
inlet and may not be less than 25 millimeters (1 inch); and
(B) Where the horizontal distance from the
water supply inlet to an adjacent single wall or obstruction is less than three
times the diameter of the inlet, or less than four times for intersecting
walls, and air gap between the water supply inlet and the flood level rim of
the plumbing fixture, equipment, or nonfood equipment shall be at least three
times the diameter of the water supply inlet and may not be less than 38
millimeters (1.5 inches)."
(j) Subpart 5-203.14 of the Food Code is
changed to read:
"(A) a plumbing system shall
be installed to preclude backflow of a solid, liquid, or gas contaminant into
the water supply system at each point of use at the food establishment,
including on a hose bibb if a hose is attached or on a hose bibb if a hose is
not attached, by:
(1) providing an air gap as
specified under Subpart 5-202.13; or
(2) installing an approved backflow
prevention device as specified under Subpart 5-202.14; and
(B) Each chemical dispenser shall connect to
a separate dedicated water supply line, and not a sink faucet."
(k) Paragraph 5-203.15(A) of the
Food Code is changed to read:
"(A) If not
provided with an air gap as specified under Subpart 5-202.13, an American
Society of Safety Engineers (ASSE) 1022 dual check valve with an intermediate
vent shall be installed downstream from any copper in the water supply and
upstream from any:
(i) carbonated beverage
dispenser;
(ii) coffee machine;
or
(iii) noncarbonated drink
dispenser."
(l)
Paragraph 5-402.11(A) of the Food Code is changed to read:
"(A) A direct connection may not exist
between the sewage system and a drain originating from equipment in which food,
portable equipment, or utensils are placed."
(m) Subpart 6-202.14 of the Food Code is
changed to read:
"6-202.14 Toilet Rooms, Enclosed. A toilet room shall be completely enclosed and provided with a solid self-closing door, except where a toilet room:
(A) is located outside a food
establishment;
(B) does not open
directly into the food establishment such as a toilet room that is provided in
a shopping mall; or
(C) does not
open directly into the food preparation area, food service area, or a hallway
leading directly into a food preparation or food service area."
(n) Paragraph 6-501.115(B)
is changed to read: "(B) Live animals may be allowed in the following
situations if the contamination of food; clean equipment, utensils, and linens;
and unwrapped single-service and single-use articles cannot result:
(1) edible fish or decorative fish in
aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish
and crustacea in display tank systems;
(2) patrol dogs accompanying police or
security officers in offices and dining, sales, and storage areas, and sentry
dogs running loose in outside fenced areas;
(3) In areas that are not used for food
preparation and that are usually open for customers, such as dining and sales
areas, service animals that are controlled by the disabled employee or person,
if a health or safety hazard will not result from the presence or activities of
the service animal;
(4) Pets in the
common dining areas of institutional care facilities such as nursing homes,
assisted living facilities, group homes, or residential care facilities at
times other than during meals if:
(a)
effective partitioning and self-closing doors separate the common dining areas
from food storage or food preparation areas;
(b) condiments, equipment, and utensils are
stored in enclosed cabinets or removed from the common dining areas when pets
are present; and
(c) dining areas
including tables, countertops, and similar surfaces are effectively cleaned
before the next meal service.
(5) In areas that are not used for food
preparation, storage, sales, display, or dining, in which there are caged
animals or animals that are similarly confined, such as in a variety store that
sells pets or a tourist park that displays animals; and
(6) Dogs other than service animals or patrol
dogs in the outdoor patio areas of a food establishment if:
(a) a separate entrance is provided from the
outside of the food establishment to the outdoor patio to ensure that a dog
will have direct access to the patio without entering the interior food
preparation, storage, sales, display, or dining areas of the food
establishment;
(b) a dog is not
allowed within eight feet of any entrance to an interior area of the food
establishment, except as necessary to enter or exit the patio;
(c) signs are conspicuously posted at the
entrance of the food establishment and patio to notify patrons that dogs may be
on the premises;
(i) The signs shall state:
"Notice to patrons, dogs may be on the premises but are restricted to the
outdoor patio. Dog owners are responsible for keeping their animal under
control at all times."
(ii) Signs
shall be at least 8" x 10" in size, and the lettering shall be high contrast
and at least 5/8" in height.
(d) doors equipped with self-closing devices
are provided at all entrances to the outdoor patio from the interior of the
food establishment;
(e) no food
preparation is done in the outdoor patio area, except that a beverage glass may
be filled on the patio from a pitcher or other container that has been filled
or otherwise prepared inside the food establishment;
(f) the outdoor patio area is continuously
maintained free of visible dog hair and other dog related wastes or
debris;
(g) while on duty, wait
staff, servers, or food employees do not care for or handle a dog that may be
present;
(h) a dog is kept on a
leash and remains in the control of the patron while on the outdoor
patio;
(i) a dog is wearing a
collar or harness with a rabies tag attached to it;
(j) a dog is not allowed on a chair, table,
countertop, or similar surface in the outdoor patio area; and
(k) a dog does not have contact with any of
the food establishment's condiments, equipment, or reusable utensils."
(o) Subpart
8-103.10 Modifications and Waivers is changed to read:
"(A) The local health department may grant a
variance by modifying or waiving the requirements of FDA Food Code if in the
opinion of the local health department a health hazard or nuisance will not
result from the variance. If a variance is granted, the local health department
shall retain the information specified under Subpart 8-103.11 in its records
for the food establishment.
(B) A
copy of any variance or waiver issued by the local health department and the
documentation required in Subpart 8-103.11 shall be provided to the Department ,
Environmental Sanitation Program within five working days of
issuance.
(C) A variance or waiver
intended for a food establishment which is of a chain with stores in more than
one local health department jurisdiction in the state shall be approved by the
Department before issuance."
(p) Subpart 8-103.11 is changed to add
Paragraph (D) to read:
"(D) In addition, a
variance from Subpart 3-301.11 may be issued only when:
(1) the variance is limited to a specific
task or workstation;
(2) the
applicant has demonstrated good cause why Subpart 3-301.11 cannot be
met;
(3) suitable utensils are used
to the fullest extent possible with ready-to-eat foods in the rest of the
establishment; and
(4) the
applicant can demonstrate active managerial control of this risk factor at all
times."
(q)
Paragraph 8-302.14(C) is changed to read:
"A statement specifying whether the food establishment is mobile or stationary and temporary or permanent."
(r) Paragraph 8-304.10(A) is changed to read:
"(A) Upon request, the local health
department shall provide a copy of Rule R392-100 according to the policy of the
local health department ."
(s) Subparagraph 8-401.10(B)(2) is changed to
read:
"(2) The food establishment is assigned
a less frequent inspection frequency based on a written risk-based inspection
schedule that is being uniformly applied throughout the
jurisdiction."
(t)
Subpart 8-501.10 is changed to read:
"(B)
Requiring appropriate medical examinations, including collection of specimens
for laboratory analysis, of a suspected food employee or conditional employee;
and
(C) Meeting reporting
requirements under Communicable Disease Rule R386-702 and Injury Reporting Rule
R386-703."
(u) Annex
1,Subpart 8-601.10 is changed to read:
"Due process and equal protection shall be afforded as required by law in all enforcement and regulatory actions."
(v) Annex 1, Subpart 8-801.30 is changed to
read;
"Service is effective when the notice is served or when service is made as specified in Paragraph 8-801-20(B)."
(w) Annex 1,Subpart 8-903.10 is changed to
read:
"8-903.10 Impoundment of Adulterated Food Products Authorized.
(A) The impoundment of
adulterated food is authorized under Section
26-15-9.
(B) The local health department may impound,
by use of a hold order, any food product found in places where food or drink is
handled, sold, or served to the public, but is found or is suspected of being
adulterated and unfit for human consumption.
(C) Upon five days' notice and a reasonable
opportunity for a hearing to the interested parties, to condemn and destroy the
same if deemed necessary for the protection of the public health.
(D) If the local health department has
reasonable cause to believe that the hold order will be violated, or finds that
the order is violated, the local health department may remove the food that is
subject to the hold order to a place of safekeeping.
(E) Within the limits set in Paragraphs (B),
(C), and (D), the local health department may impound, by use of a hold order,
molluscan shellfish that are not tagged or labeled according to Paragraph
3-202.18(A) of FDA Food Code. Other actions may be taken in accordance with
Paragraph 3-202.18(B) of Food Code."
(x) Annex 1, Subpart 8-903.60 is changed to
read: "The local health department may examine, sample, and test food to
determine its compliance with Food Code in Subpart 8-402.11."
(y) Annex 1, Subpart 8-903.90 is changed to
read: "The local health department shall issue a notice of release from a hold
order and shall physically remove the hold tags, labels, or other
identification from the food if the hold order is vacated."
(z) Annex 1 Subpart 8-904.30 heading is
changed to read, 8-904.30 Contents of the Summary Suspension Notice.
(aa) Annex 1, Paragraph 8-905.10(A) is
changed to read: "(A) A person who receives a notice of hearing shall file a
response within 10 calendar days from the date of service. Failure to respond
may result in license suspension, license revocation, or other administrative
penalties."
(ab) Annex 1, Subpart
8-905.20 is changed to read:
"A response to a hearing notice or a request for a hearing as specified in Subpart 8-905.10 shall be in written form and contain the following:
(A) Response to a notice of
hearing must include:
(1) An admission or
denial of each allegation of fact;
(2) A statement as to whether the respondent
waives the right to a hearing;
(3)
A statement of defense, mitigation, or explanation concerning all claims;
and
(4) A statement as to whether
the respondent wishes to settle some or all claims made by the local health
department .
(B) A request
for hearing must include:
(1) A statement of
the issues of fact specified in Subpart 8-905.30 Paragraph (B) for which a
hearing is requested; and
(2) A
statement of defense, mitigation, denial, or explanation concerning each
allegation of fact.
(C)
Witnesses - In addition to the above requirements, if witnesses are requested,
the response to a notice of hearing and a request for hearing must include the
name, address, telephone number, and a brief statement of the expected
testimony for each witness.
(D)
Legal Representation - Legal counsel is allowed, but not required. All
documents filed by the respondent must include the name, address, and telephone
number of the respondent's legal counsel, if any."
(ac) Annex 1, Subparagraph 8-905.50(A)(1) is
changed to read:
"(1) Except as provided in
Paragraph (B) of this Subpart, within 5 calendar days after receiving a written
request for an appeal hearing from:"
(ad) Annex 1, Subparagraph 8-905.50(A)(2) is
changed to read:
"(2) Within 30 calendar days
after the service of a hearing notice to consider administrative remedies for
other matters as specified in Subpart 8-905.10(C) or for matters as determined
necessary by the local health department ."
(ae) Annex 1, Subpart 8-905.60 heading is
changed to read: "8-905.60 Notice of Hearing Contents."
(af) Annex 1, Subpart 8-905.80 heading is
changed to read: "8-905.80 Expeditious and Impartial Hearing."
(ag) Annex 1, Subpart 8-905.90 heading is
changed to read:
"8-905.90 Confidentiality of Hearing and Proceedings."
(ah) Annex 1, Paragraph
8-905.90(A) is changed to read: "(A) Hearings will be open to the public unless
compelling circumstances, such as the need to discuss a person's medical or
mental health condition, a food establishment's trade secrets, or any other
matter private or protected under federal or state law."
(ai) Subpart 8-906.30 Paragraph (B) is
changed to read: "(B) Unless a party appeals to the head of the local health
department within 10 calendar days of the hearing or a lesser number of days
specified by the hearing officer."
(aj) Annex 1, Subpart 8-907.60 is changed to
read: "Documentary evidence may be received in the form of a copy or excerpt if
provided to the hearing officer and opposing party before the hearing as
ordered by the hearing officer."
(ak) Annex 1, Subpart 8-908.20 is changed to
read: "Respondents accepting a consent agreement waive their rights to a
hearing on the matter, including judicial review."
(al) Annex 1, Subparagraphs(B)(1) and (2) are
deleted and Paragraph 8-911.10(B) is changed to read:
"(B) Any person who violates this rule may be
assessed a civil penalty as provided in Section
26-23-6."
(am) Annex 1, Subpart 8-913.10 headline is
changed to read:
"8-913.10 Petitions, Penalties, Contempt, and Continuing Violations."
(an) Annex 1,
Paragraph 8-913.10(B) is changed to read: "In addition to any criminal fines
and sentences imposed as specified in Paragraph 8-911.10, or to being enjoined
as specified in Paragraph 8-912.10, a person who violates a provision of this
code,any rule or regulation adopted in accordance with law related to food
establishments within the scope of this code, or to any term, condition, or
limitation of a permit issued as specified in Paragraphs 8-303.10 and 8-303.20
is subject to a civil penalty not exceeding $5,000."
(ao) Annex 1, Subpart 8-913.10 is changed to
add Paragraph (D) to read:
"(D) The
adjudicative body, upon proper findings, shall assess violators a fee for each
day the violation remains in contempt of its order."
Notes
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