Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since September 1, 2016, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R392. Health, Disease Control and Prevention, Environmental Services.
Rule R392-101. Food Safety Manager Certification.
As in effect on September 1, 2016
Table of Contents
- R392-101-1. Authority and Purpose of Rule.
- R392-101-2. Definitions.
- R392-101-3. Certification and Recertification Examination Content.
- R392-101-4. Food Safety Manager Certification Courses.
- R392-101-5. Test Approval.
- R392-101-6. Test Administration.
- R392-101-7. Certification and Recertification Requirements.
- R392-101-8. Exempt Establishments.
- R392-101-9. Penalties.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
This rule is authorized by Section 26-15a-103 for the purposes of establishing statewide uniform standards for certified food safety managers and implementing the Food Safety Manager Certification Act.
(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;
(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.
(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.
Certification and recertification examinations shall require the examinee to demonstrate knowledge in food protection management in the following areas:
(1) Identify foodborne illness.
(a) Define terms associated with foodborne illness.
(i) foodborne illness
(ii) foodborne outbreak
(iii) foodborne infection
(iv) foodborne intoxication
(v) diseases communicated by food
(vi) foodborne pathogens
(b) Recognize the major organisms and toxins that can contaminate food and the problems that can be associated with the contamination.
(c) Define and recognize potentially hazardous foods.
(d) Define and recognize chemical and physical contamination and illnesses that can be associated with chemical and physical contamination.
(e) Define and recognize the major contributing factors for foodborne illness.
(f) Recognize how microorganisms cause foodborne disease.
(2) Identify time/temperature relationship with foodborne illness.
(a) Recognize the relationship between time/temperature and microorganisms survival, growth, and toxin production during the following stages:
(ix) storing or post production
(b) Describe the use of thermometers in monitoring food temperatures.
(i) types of thermometers
(ii) techniques and frequency
(iii) calibration and frequency
(3) Describe the relationship between personal hygiene and food safety.
(a) Recognize the association between hand contact and foodborne illness.
(i) hand washing technique and frequency
(ii) proper use of gloves, including replacement frequency
(iii) minimal hand contact with food
(b) Recognize the association of personal habits and behaviors and foodborne illness.
(ii) eating and drinking
(iii) wearing clothing that may contaminate food
(iv) personal behaviors, including sneezing, coughing and scratching.
(c) Recognize the association of health of a foodhandler to foodborne disease
(i) free of symptoms of communicable disease
(ii) free of infections spread through food on contact
(iii) food protected from contact with open wounds
(d) Recognize how policies, procedures and management contribute to improved hygiene practices.
(4) Describe methods for preventing food contamination from purchasing to serving.
(a) Define terms associated with contamination:
(iv) approved source
(v) sound and safe condition
(b) Identify potential hazards prior to delivery and during delivery.
(i) approved source
(ii) sound and safe condition
(c) Identify potential hazards and methods to minimize or eliminate hazards after delivery:
(i) personal hygiene
(ii) cross contamination from food to food
(iii) cross contamination between equipment and utensils
(iv) contamination from chemicals
(v) contamination from additives
(vi) physical contamination
(vii) contamination during service and display
(viii) contamination from customers
(5) Identify correct procedures for cleaning and sanitizing equipment and utensils:
(a) Define terms associated with cleaning and sanitizing.
(b) Apply principles of cleaning and sanitizing
(c) Identify materials: equipment, detergent and sanitizer
(d) Identify appropriate methods of cleaning and sanitizing.
(i) manual dishwashing
(ii) mechanical dishwashing
(e) Identify frequency of cleaning and sanitizing
(6) Recognize problems and potential solutions associated with facility, equipment and layout.
(a) Identify facility, design and construction suitable for food establishments:
(ii) heating and hot-holding
(iii) floors, walls and ceilings
(iv) pest control
(viii) water supply
(ix) wastewater disposal
(x) waste disposal
(b) Identify equipment and utensil design and location
(7) Recognize problems and potential solutions associated with temperature control, preventing cross contamination, housekeeping and maintenance:
(a) by self inspection program.
(b) by pest control program.
(c) by cleaning schedules and procedures.
(d) by equipment and facility maintenance program.
(1) For the purposes of Section 26-15a-104(2)(b), a course approved by the Department shall be designed for a specific approved examination in R392-101-5(4) as determined by that examination's developer.
(2) The course developer shall certify the instructor.
(3) The Department shall approve the course for 3 years.
(1) A person seeking approval of an examination shall provide the following background information to the Department:
(a) The person's name, address, telephone number and contact person.
(b) A description of the usage of the examination including the time period in use, number of examinations already administered, and any government or other agencies already approving the examination.
(c) A copy of the examination's pool of questions. Each question shall be:
(i) Cross-referenced to the corresponding content area in R392-101-3, and
(ii) Documented with the correct answer and the source from which the correct answer was determined.
(d) A sample copy of the official certificate issued to persons who pass the examination.
(2) An examination must meet the following requirements in order to be approved:
(a) It must contain at least 50 multiple choice questions, drawn from a pool of at least three times the number of questions given in the examination.
(b) All questions shall be multiple choice with 4 choices.
(c) At least 85% of the questions must be in the content categories of R392-101-3 and shall be apportioned to them as follows:
(i) Identify foodborne illness shall constitute 6-20% percent of the total examination questions,
(ii) Identify time/temperature relationship with foodborne illness shall constitute 6-20% percent of the total examination questions,
(iii) Describe the relationship between personal hygiene and food safety shall constitute 6-20% percent of the total examination questions,
(iv) Describe methods for preventing food contamination from purchasing to serving shall constitute 6-20% percent of the total examination questions,
(v) Identify correct procedures for cleaning and sanitizing equipment and utensils shall constitute 6-20% percent of the total examination questions,
(vi) Recognize problems and potential solutions associated with facility, equipment and layout shall constitute 6-20% percent of the total examination questions,
(vii) Recognize problems and potential solutions associated with temperature control, preventing cross contamination, housekeeping and maintenance shall constitute 6-20% percent of the total examination questions.
(d) The person seeking approval shall demonstrate that the same version of the examination will not be used more than 6 months and that at least 10% of the questions will be randomly selected and changed between versions.
(e) The person seeking approval shall demonstrate that a system for updating the pool of questions at least every three years is in place.
(f) The examination questions must be grammatically correct and contain no misspellings.
(g) The distractors must be relevant to the examination question and represent a plausible alternative.
(3) The Department shall review the materials submitted by an applicant in R392-101-5(1) and (2). The Department shall approve examinations that meet the requirements. If an examination is approved the Department shall notify the examination developer of the approval in writing. If the Department does not approve an examination, it shall notify the examination developer in writing of the reasons why.
(4) The Department shall maintain a current list of approved examinations.
(5) A person may not represent an examination as Department of Health approved, or other similar language, if the examination is not listed according to R392-101-5(4).
(1) Test administrators shall:
(a) Provide monitors and security at the locations where the examination is administered.
(b) Maintain a tracking system for all examinations to protect them against theft.
(c) Provide locations and dates of all examinations administered by the testing organization upon request of the Department.
(d) Provide necessary staff to administer, monitor and grade examinations.
(e) Maintain records of each candidate's name, home address, social security number, pass/fail status, date of examination, and name of instructor for at least three years.
(f) Provide accommodation for examinees who do not speak English and who wish to take the test.
(2) The test administrator shall assure there is at least one monitor for every 40 students taking the examination.
(3) The monitor shall confirm the identity of the individual who wishes to take the examination by photographic identification, driver's license or student identification card. The individual shall provide a legal document bearing his signature to the monitor if he does not have a photographic identification card.
(4) The test administrator shall provide test security measures which protect the test from compromise in preparation, printing and transportation to the site, as follows:
(a) The examination materials are stored and administered under secure conditions, where access to the examination is limited to the monitor and test administrator.
(b) The examination materials are inventoried prior to and immediately following each administration of the examination.
(c) The examination materials are available to the candidate during the examination administration only.
(5) The test administrator may not certify an individual determined to have cheated on the examination.
(6) The test administrator may not administer an examination which has been compromised.
(1) A person must answer at least 70% of the questions correctly on a Department- approved examination to pass the examination; except that the examination developer may set the passing score for an examination that it demonstrates to have been developed in accordance with the Standards For Educational And Psychological Testing published by the American Psychological Association.
(a) The examination developer must submit documentation to the Department supporting its claim.
(b) The Department shall review the documentation and determine the validity of the claim.
(2) A person who successfully passes a Department-approved examination must provide documentation of that to the local health officer within sixty days of receipt of the documentation to be certified as a food safety manager. A photocopy of the documentation is acceptable. If a certified food safety manager commences work in a different local health jurisdiction he shall notify the local health officer in that jurisdiction.
(3) A person who completes the requirement in R392-101-7(2) shall be considered to be certified as a food safety manager throughout Utah.
(4) Food safety manager certifications are effective for three years from the date the applicant receives documentation of a passing score from the testing organization.
(5) A food service establishment must maintain a copy of its certified food safety manager's documentation of a passing score on a Department-approved examination on file at the establishment. The food service establishment's person in charge must provide this documentation to the local health officer or his designated representative upon request.
(6) To recertify, a certified food safety manager must submit documentation to the appropriate local health department indicating a passing score on a Department-approved examination within the previous six months.
(7) A person certified as a food safety manager is exempt from state or local requirements for food handlers as defined in Section 26-15-1(1) Utah Code.
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 foods that are required to reach critical temperatures as required by R392-100;
(b) use foods that are required to 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.
Any person who violates any provision of this rule may be assessed a civil money penalty as provided in Section 26-23-6.
public health, food service
March 15, 2010
January 10, 2014
For questions regarding the content or application of rules under Title R392, please contact the promulgating agency (Health, Disease Control and Prevention, Environmental Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.