Utah Admin. Code R392-105-5 - Agritourism Food Establishment Permit Requirements
(1) An operator shall operate an agritourism
food establishment only after obtaining a valid permit to operate issued by a
local health department that has jurisdiction over the area in which the farm
is located.
(2) An operator shall
only qualify for an agritourism food establishment permit if:
(a) poultry products that are served at the
agritourism establishment are slaughtered and processed in compliance with the
Poultry Products Inspection Act, 21 USC Sec. 451 et seq., and the applicable
regulations issued pursuant to that act;
(b) meat not described in Subsection (2)(a)
that is served at the agritourism food establishment is slaughtered and
processed in compliance with the Federal Meat Inspection Act, 21 USC Sec. 601
et seq.,
9 CFR
303.1 and the applicable regulations issued
pursuant to that act;
(c) a kitchen
facility used to prepare food for the agritourism food establishment meets the
requirements of this rule;
(d) the
agritourism food establishment is in operation for no more than 14 consecutive
days at a time; and
(e) the
operator complies with the requirements of this rule, including payment of a
permit fee.
(3) A local
health department shall impose a fee for an agritourism food establishment
permit in an amount that reimburses the local health department for the cost of
regulating the agritourism food establishment.
(4) An operator applying for an agritourism
food establishment permit shall provide to the local health department:
(a) written consent to enter the premises
where food is prepared, cooked, stored, or harvested for the agritourism food
establishment;
(b) a list of any
agritourism food service events scheduled within the permit period;
and
(c) written standard operating
procedures that include:
(i) food that will
be stored, handled, and prepared;
(ii) the proposed procedures and methods of
food preparation and handling;
(iii) procedures, methods, and schedules for
cleaning utensils and equipment;
(iv) procedures and methods for the disposal
of refuse; and
(v) a plan for
maintaining time/temperature control for safety food at the appropriate
temperatures for each TCS food.
(5) At least 14 days before the event, the
operator shall notify the local health department of any agritourism food
service event not listed on the application as required in Subsection
R392-105-5(4)(b), and scheduled after the application has been submitted.
(a) The operator shall include the following
agritourism food service event details:
(i)
type of event;
(ii) event start
date;
(iii) duration of event;
and
(iv) contact information for
the event operator.
(b)
The operator may provide this notification by mail, email, or in
person.
(6) A local
health officer may require local health department approval of the procedures
and plans specified in Subsection R392-105-5(4) before issuing an agritourism
food establishment permit.
(7) In
addition to a fee charged under Subsection R392-105-5(3), if the local health
department is required to inspect the farm as a source of an adulterated food
or an outbreak of illness caused by a contaminated food and finds, as a result
of that inspection, that the farm has produced an adulterated food or was the
source of an outbreak of illness caused by a contaminated food, the local
health department may charge and collect from the farm a fee for that
inspection.
(8) An agritourism food
establishment permit:
(a) is
nontransferable;
(b) is renewable
on an annual basis;
(c) is
restricted to the location listed on the permit; and
(d) shall provide the operator the
opportunity to update the information required in Subsection R392-105-5(5)(a)
as well as the food types and products handled without requiring the operator
to renew the permit.
(9)
This section does not prohibit an operator from applying for a different type
of food event permit from a local health department such as a food
establishment permit or a temporary food service permit.
(10) Nothing in this rule prevents a local
health department from revoking an agritourism food establishment permit issued
by the local health department if the operation of the agritourism food
establishment violates the terms of:
(a) the
permit
(b) this rule; or
(c) Chapter 26-15b, Agritourism Food
Establishment Act.
(11)
If a permit application is denied, or a permit is revoked, the agritourism food
establishment operator may request information from a local health officer that
includes:
(a) the specific reasons and rule
citations for permit denial; and
(b) any actions the applicant must take to
qualify, or requalify, for a permit.
(12) A local health department issuing an
agritourism food establishment permit may not require:
(a) submission of plans and specifications
before construction or remodel of a kitchen facility except for the plans and
procedures required in Subsection R392-105-5(4);
(b) a pre-operational inspection before
issuing or renewing the permit; or
(c) food safety manager
certification.
Notes
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