DAR File No. 28330

Health, Epidemiology and Laboratory Services, Environmental Services

R392-101

Food Safety Manager Certification

NOTICE OF PROPOSED RULE

DAR File No.: 28330
Filed: 11/03/2005, 06:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 150 (2005 General Session) requires the Department of Health to define the risk criteria to allow certain food service establishments to become exempt from the requirement of having a Certified Food Safety Manager on staff. (DAR NOTE: S.B. 150 (2005) is found at UT L 2005 Ch 112, and was effective 07/01/2005.)

Summary of the rule or change:

In Section R392-101-8, the current language of outlining the requirement for those establishments that prepare 5 or fewer potentially hazardous foods having a Certified Food Safety Manager on staff for every 10 establishment sites under common ownership is removed. The risk criteria that outlines which food establishments are exempt from the requirement of having a Certified Food Safety Manager on staff is added.

State statutory or constitutional authorization for this rule:

Section 26-15a-103

Anticipated cost or savings to:

the state budget:

There will be no effect on the state budget as the local health departments inspect food facilities. This change neither creates nor relieves any state duties.

local governments:

There will be no effect on local government budgets as the changes will not decrease the number of inspections they are required to perform and does not materially change the inspection.

other persons:

Food service facilities that meet the exemption requirements will save some labor costs by not having to hire or train a person who is a Certified Food Safety Manager, however, the costs are variable and difficult to quantify for all possible food service establishments that meet the exemption requirements.

Compliance costs for affected persons:

Food service facilities that meet the exemption requirements will save some labor costs by not having to hire or train a person who is a Certified Food Safety Manager.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule implements a consensus improvement to food service regulation in the state. By removing the set standard based on the number of establishments and moving toward a targeted rule that looks at the risk of contamination from the foods prepared, the industry can save money and still protect the public. This rule will have a positive impact on business. David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2006

This rule may become effective on:

01/04/2006

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-101. Food Safety Manager Certification.

R392-101-2. Definitions.

(1) As used in Title 26, Chapter 15a, and in this rule:

(a) Commercially prepackaged means any food packaged in a regulated food processing plant that does not require temperature control and is stored and used in accordance with the manufacturer's label.

(b) Continental breakfast means a breakfast meal restricted to:

(i) Beverages such as coffee, tea, and fruit juices;

(ii) Pasteurized Grade A milk;

(iii) Fresh fruits;

(iv) Frozen and commercially processed and prepackaged fruits;

(v) Commercially prepackaged baked goods, such as pastries, rolls, breads and muffins that are non-potentially hazardous foods;

(vi) Cereals;

(vii) Commercially prepackaged jams, jellies, honey, and syrup;

(viii) Pasteurized Grade A creams and butters, non-dairy creamers, or similar products;

(ix) Commercially prepackaged hard cheeses, cream cheese and yogurt in unopened packages; and

(x) foods served with single-use articles.

(c) Single-use article means a utensil designed and constructed to be used once and discarded.

(d) Heat and serve food means food that is precooked by the manufacturer and does not require cooking to critical temperatures as required by R392-100, but only requires heating to the customer's satisfaction.

R392-101-8. Exempt Establishments[ That Prepare Five or Fewer Potentially Hazardous Foods.]

[Food service establishments, under the same ownership, that prepare and serve a total of five or fewer potentially hazardous food items which are intended for immediate consumption shall employ at least one certified food safety manager for every ten establishments sites under the common ownership. For the purposes of this Section, examples of a single potentially hazardous food item in an establishment are hot dogs, nachos, and rotisserie chicken.]A local health officer may exempt a food service establishment from having a Certified Food Safety Manager on staff, if after evaluation by the local health department, the food service establishment:

(1) serves a menu of commercially prepackaged, or heat and serve food, or foods that require limited handling or assembly; and

(2) does not:

(a) cook foods that are required to reach critical temperatures required by R392-100;

(b) usefoods that must be cooled within a 6 hour time period as required by R392-100; or

(c) use foods that must be reheated to 165 degrees as required by R392-100.

KEY: public health, food service

[June 10, 1999]2006

Notice of Continuation May 24, 2004

26-15a-103

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For questions regarding the content or application of this rule, please contact Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.