Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
26-15a-101 Title.
This chapter shall be known as the "Food Safety Manager
Certification Act."
1998
26-15a-102 Definitions.
(1) "Back country food service establishment" means a federal or state licensed back country guiding or outfitting business that:
(a) provides food services; and
(b) meets department recognized federal or state food service safety regulations for food handlers.
(2) "Certified food safety manager" means a manager of a food service establishment who:
(a) passes successfully a department-approved examination;
(b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and
(c) submits to the appropriate local health department the documentation required by Section 26-15a-106 .
(3) "Food service establishment" means any place or area within a business or organization where potentially hazardous foods are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food.
(4) "Local health department" means a local health department as defined in Subsection 26A-1-102 (5).
(5) "Potentially hazardous foods":
(a) means any food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
(i) the rapid and progressive growth of infectious or toxigenic microorganisms;
(ii) the growth and toxin production of Clostridium Botulinum; or
(iii) in raw shell eggs, the growth of Salmonella Enteritidis;
(b) includes:
(i) a food of animal origin that is raw or heat-treated;
(ii) a food of plant origin that is heat-treated or consists of raw seed sprouts;
(iii) cut melons; and
(iv) garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth specified in Subsection (5)(a); and
(c) does not include:
(i) an air-cooled hard-boiled egg with shell intact;
(ii) a food with an Aw value of 0.85 or less;
(iii) a food with a pH level of 4.6 or below when measured at 24 degrees Celsius or 75 degrees Fahrenheit;
(iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;
(v) a food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. Botulinum cannot occur, such as a food that has an Aw and a pH that are above the levels specified in Subsections (5)(c)(ii) and (iii), and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
(vi) a food that does not support the growth of microorganisms
as specified in Subsection (5)(a), even though the food may
contain an infectious or toxigenic microorganism or chemical
or physical contaminant at a level sufficient to cause illness.
1998
26-15a-103 Duties.
In connection with this chapter:
(1) the department shall:
(a) establish, by rule:
(i) statewide, uniform standards for certified food safety managers;
(ii) criteria for food safety certification examinations; and
(iii) other provisions necessary to implement this chapter; and
(b) approve food safety certification examinations; and
(2) the local health department shall enforce the provisions
of this chapter.
1998
26-15a-104 Food service establishment requirements - Enforcement - Right of appeal.
(1) (a) Except as provided in Subsection (1)(b), each food service establishment in the state shall, on or before July 1, 1999, be managed by at least one full-time certified food safety manager at each establishment site, who need not be present at the establishment site during all its hours of operation.
(b) Food service establishments, under the same ownership, that prepare and serve a total of five or fewer potentially hazardous foods shall employ at least one certified food safety manager for every ten establishment sites under common ownership.
(2) Within 60 days of the termination of a certified food safety manager's employment that results in the food service establishment no longer being in compliance with Subsection (1), the food service establishment shall:
(a) employ a new certified food safety manager; or
(b) designate another employee to become the establishment's certified food safety manager who shall commence a department-approved food safety manager training course.
(3) Compliance with the 60-day time period provided in Subsection (2) may be extended by the local health department for reasonable cause, as determined by the department by rule.
(4) (a) The local health department may determine whether a food service establishment is in compliance with this section by visiting the establishment during regular business hours and requesting information and documentation about the employment of a certified food safety manager.
(b) If a violation of this section is identified, the local health department shall propose remedial action to bring the food service establishment into compliance.
(c) A food service establishment receiving notice of a
violation and proposed remedial action from a local health
department may appeal the notice of violation and proposed
remedial action pursuant to procedures established by the
local health department, which shall be essentially consistent
with the provisions of Title 63, Chapter 46b, Administrative
Procedures Act. Notwithstanding the provisions of Section
63-46b-15
, an appeal of a local health department decision
to a district court shall be conducted as an original, independent
proceeding, and not as a review of the proceedings conducted
by the local health department. The district court shall
give no deference to the findings or conclusions of the local
health department.
1998
26-15a-105 Exemptions to food service establishment requirements.
(1) The following are not subject to the provisions of Section 26-15a-104 :
(a) special events sponsored by municipal or nonprofit civic organizations, including food booths at school sporting events and little league athletic events and church functions;
(b) temporary event food services approved by a local health department;
(c) vendors and other food service establishments that serve only commercially prepackaged foods and beverages as defined by the department by rule;
(d) private homes not used as a commercial food service establishment;
(e) health care facilities licensed under Chapter 21, Health Care Facility Licensing and Inspection Act;
(f) bed and breakfast establishments at which the only meal served is a continental breakfast as defined by the department by rule;
(g) residential child care providers;
(h) child care providers and programs licensed under Chapter 39, Utah Child Care Licensing Act; and
(i) back country food service establishments.
(2) Nothing in this section may be construed as exempting
a food service establishment described in Subsection (1)
from any other applicable food safety laws of this state.
1998
26-15a-106 Certified food safety manager.
(1) Before a person may manage a food service establishment as a certified food safety manager, that person shall submit documentation in the format prescribed by the department to the appropriate local health department indicating a passing score on a department-approved examination.
(2) To continue to manage a food service establishment, a certified food safety manager shall:
(a) successfully complete, every three years, renewal requirements established by department rule which are consistent with original certification requirements; and
(b) submit documentation in the format prescribed by the department within 30 days of the completion of renewal requirements to the appropriate local health department.
(3) A local health department may deny, revoke, or suspend the authority of a certified food safety manager to manage a food service establishment or require the completion of additional food safety training courses for any one of the following reasons:
(a) submitting information required under Subsection (1) or (2) that is false, incomplete, or misleading;
(b) repeated violations of department or local health department food safety rules; or
(c) operating a food service establishment in a way that causes or creates a health hazard or otherwise threatens the public health, safety, or welfare.
(4) A determination of a local health department made pursuant to Subsection (3) may be appealed by a certified food safety manager in the same manner provided for in Subsection 26-15a-104 (4).
(5) No person may use the title "certified food safety
manager," or any other similar title, unless the person has
satisfied the requirements of this chapter.
2000
26-15a-107 Duties.
Certified food safety managers shall:
(1) establish and monitor compliance with practices and procedures in the food service establishments where they are employed to maintain compliance with department and local health department food safety rules; and
(2) perform such other duties that may be necessary to
ensure food safety in the food service establishments where
they are employed.
1998
