Utah Admin. Code R70-530-3 - Incorporation by Reference

(1) The food standards, labeling requirements, and procedures as specified in 21 CFR, 1 through 200, April 11, 2024 edition, 40 CFR 180, May 14, 2024 edition, and 9 CFR 200 to End, April 8, 2024 edition, are incorporated by reference.

(2) The requirements as found in the 2022 version of the U.S. Public Health Service, Food and Drug Administration, Food Code (Food Code), Chapters 1 through 8 are incorporated by reference with the exclusion of:

(a) Paragraph 3-203.13 for small egg producers pursuant to Subsection 4-4-107(6);

(b) Paragraph 8-302.14;

(c) Paragraph 8-304.11(K);

(d) Paragraph 5-203.15(B); and

(e) Paragraphs 5-402.11(B), (C) and (D).

(3) The requirements as found in the Food Code, 2022 version, Annex 1 comprising Parts 8-6 through 8-9 are incorporated by reference with the exclusion of:

(a) Section 8-905.40;

(b) Subparagraphs 8-905.90(A)(1) and (2);

(c) Section 8-909.20; and

(d) Subparagraphs 8-911.10(B)(1) and (2).

(4) The requirements as found in the Food Code, 2022 version, Annex 2 are incorporated by reference.

(5) The Food Code is incorporated with the following additions or amendments.

(a) In Paragraph 1-201.10(B), insert a new subparagraph after subparagraph (b) in subparagraph (2) under "Food Establishment" to read: "(c) A catering operation which is a business entity that operates from a permitted food establishment that contracts with a client for food service to be provided to a client, the client's guests or customers at a different location. A catering operation may cook or perform final preparation of foods at the service location. A catering operation does not include routine services offered at the same location, or meals that are individually purchased with the exception of cash bars."

(b) In paragraph 1-201.10(B), insert a new subparagraph after subparagraph (2) under "Core Item" to read: "(3) "Core Item" will also be referred to as "non-critical" in the state rule."

(c) In Paragraph 1-201.10(B) under "Priority Item", replace the semicolon and the word "and" at the end of subparagraph (2) with a period; replace the period at the end of subparagraph (3) with "; and"; and insert a new subparagraph after paragraph (3) to read: "(4) 'Priority Item' will also be referred to as 'critical 1' in the state rule."

(d) In paragraph 1-201.10(B) under "Priority Foundation Item," replace the semicolon and the word "and" at the end of subparagraph (2) with a period; replace the period at the end of subparagraph (3) with,"; and"; and add a new subparagraph after subparagraph (3) to read: "(4) 'Priority foundation item' will also be referred to as 'critical 2' in the state rule."

(e) After subparagraph 2-102.11 (17), add a new section to read: "2-102-13 Food Employee Training. Food employees shall be trained in food safety as required under Section 26B-7-413 and shall hold a valid food handler's permit issued by a local health department."

(f) Amend Subparagraph 2-102.12(A) to read: "(A) At least one employee who has supervisory and management responsibility and authority to direct and control food preparation and service shall be a certified food safety manager who has completed training and obtained certification as required under Section 26B-7-412."

(g) Amend Paragraph 3-201.16 (A) to read: "Except as specified in paragraph (B) of this section, mushroom species picked in the wild shall not be offered for sale or service by a food establishment."

(h) After Paragraph 3-201.17(B), add a new paragraph to read: "(5) A business may provide wild game products to an end consumer without the benefit of an inspection if wild game is brought into the facility by the consumer, processed and returned to the same consumer.

(a) A wild game processor may commingle wild game products under the following conditions:

(A) wild game trim may be commingled to make a batch of jerky or other processed product with trim derived from the same season;

(B) wild game meat or product from previous seasons may not be used in processed products during the current season;

(C) the processor shall maintain a record of each batch of ground meat intended for each batch of product that includes a tag ID number for each batch;

(D) each batch shall be composed of consecutive animals or customers;

(E) each customer shall receive a finished product that contains a portion of meat derived from their animal; and

(F) the processor shall obtain a signed disclosure and consent document for each customer that includes the Tag ID number."

(i) At the end of section 5-101.12, add: "The process shall be in accordance with the American Water Works Association (AWWA) C651-2005 for disinfection and testing."

(j) Replace section 5-202.13, with the following: "(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 floor 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). (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, an air gap between the water supply inlet and the floor 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)."

(k) Amend paragraph 5-203.14 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 Section 5-202.13; or

(2) installing an approved backflow prevention device as specified under Section 5-202.14; and (B) Each chemical dispenser shall connect to a separate dedicated water supply line, and not downstream of an atmospheric vacuum breaker."

(l) Amend Paragraph 5-203.15(A) to read: "If not provided with an air gap as specified under Section 5-202.13, an American Society of Sanitary Engineering (ASSE) 1022 dual check valve with an intermediate vent shall be installed upstream from a carbonating device and downstream from a copper in the water supply line."

(m) Amend Paragraph 5-402.11(A) to read: "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."

(n) Amend paragraph 6-501.115(B) 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 can not 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 that meet the following criteria are conspicuously posted at the entrance of the food establishment and patio to notify patrons that dogs may be on the premises;

(i) 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."; and

(ii) are at least 8 inches by 10 inches in size with lettering that is high contrast and at least 5/8 of an inch in height;

(d) doors equipped with self-closing devices are provided at each door 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) the dog is kept on a leash and remains in the control of the patron while on the outdoor patio;

(i) the dog is wearing a collar or harness with a rabies vaccination tag attached to it;

(j) the dog is not allowed on a chair, table, countertop, or similar surface in the outdoor patio area; and

(k) the dog does not have contact with any of the food establishment's condiments, equipment, or reusable utensils."

(o) Amend section 8-103.11 to read: "Before a variance from a requirement of this code is approved, the person requesting the variance shall provide the following information, which shall be retained in the regulatory authority's file on the food establishment:

(a) the name of the business for which the variance is being requested;

(b) a designated point of contact and contact information of the business for which the variance is being requested;

(c) the location of the facility or establishment for which the variance is being requested;

(d) the citation of each Food Code section or paragraph for which the variance is being requested;

(e) a statement as to why the applicant cannot comply with the Food Code section or subsection for which the variance is being requested;

(f) the nature and duration of the variance being requested;

(g) a statement of how the intent of the code will be met and the reasons why the public health or safety, or the environment, would not be endangered or jeopardized if the variance were to be granted;

(h) technical justification or a detailed explanation of the variance conditions that provide the protection of public health and safety, and the environment, for each applicable Food Code section or paragraph;

(i) a full description of any policies, procedures, active managerial controls, or equipment that the applicant proposes to use to rectify any potential increase in health or safety risks created by granting the variance; and

(j) operation and maintenance requirements of the variance condition including a HACCP plan if required as specified under Paragraph 8-201.13(A) that includes the information specified under Section 8-201.14 as it is relevant to the variance requested."

(p) Amend Paragraph 8-304.10(A) to read:

(A) Upon request, the regulatory authority shall provide a copy of the Utah Food Protection Rule according to the policy of the local regulatory agency.

(q)

(i) Amend subparagraph 8-401.10(A)to read: "(A) Except as specified in paragraphs (B) and (C) of this section, the regulatory authority shall inspect a food establishment at least once every 6 months.

(ii) Amend subparagraph 8-401.10(B)(2) to read: "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".

(r) Add Paragraph 8-501.10(C) to read: (C) Meeting reporting requirements under Communicable Disease Rule R386-702 and Injury Reporting Rule R386-703.

(s) Add "8-6 Enforcement; 8-601.10 Due process and equal protection shall be afforded as required by law in all enforcement and regulatory actions. Enforcement of this rule shall be in accordance with Subsection 4-2-2(J), Section 4-2-12, and Rule R70-201."

(t) Add "8-7 Penalties; 8-701.10 State Construction Code, all parts of the food establishment shall be designed, constructed, maintained, and operated to meet the standards of the state construction code adopted by the Utah Legislature under Title 15A UCA. A copy of the construction code is available at the office of the local building inspector."

(6) The Food, Drug, and Cosmetic Act, 21, U.S.C. 342, January 5, 2023 version is incorporated by reference.

(7) All references to food that requires time or temperature control for safety, TCS, in this rule are equivalent to references in past editions of the U.S. Public Health Service, Food and Drug Administration, Food Code to potentially hazardous food, P H F.

Notes

Utah Admin. Code R70-530-3

Amended by Utah State Bulletin Number 2016-5, effective 2/2/2016 Amended by Utah State Bulletin Number 2020-19, effective 9/25/2020 Amended by Utah State Bulletin Number 2023-06, effective 2/27/2023 Amended by Utah State Bulletin Number 2024-16, effective 7/31/2024