DAR File No. 28741

Health, Epidemiology and Laboratory Services, Environmental Services

R392-101

Food Safety Manager Certification

NOTICE OF PROPOSED RULE

DAR File No.: 28741
Filed: 05/16/2006, 03:23
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 Chapter 192, Laws of Utah 2005, and was effective 07/01/2005.)

Summary of the rule or change:

Section R392-101-8 outlining the requirement for those establishments that prepare five or fewer potentially hazardous foods having a Certified Food Safety Manager on staff for every ten 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 put in its place. Also adds a definition.

State statutory or constitutional authorization for this rule:

Title 26, Chapter 15a

Anticipated cost or savings to:

the state budget:

There will be no affect 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 affect 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:

The changes to the rule will have a positive fiscal impact on regulated businesses. 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:

07/17/2006

This rule may become effective on:

07/25/2006

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

(xii) Heat and serve foods are precooked by the manufacturer and do not require cooking to critical temperatures as required by R392-100, but only require heating to meet the customer's satisfaction.

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

[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 shall 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) is classified within the lowest risk category for a local health department utilizing a risk-based assessment system; or

(2) serves a menu of commercially prepackaged, or heat and serve foods, or foods that require limited handling or assembly and does not conduct any of the following food preparation processes as defined in the Food Code, R392-100:

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

(b) use using foods that must are required to be cooled within a 6 hour time period as required by R392-100; or

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

KEY: public health, food service

Date of Enacement or Last Substantive Amendment: [June 10, 1999]2006

Notice of Continuation May 24, 2004

Authorizing and Implemented or Interpreted Law: 26-15a-103

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.