Health, Disease Control and Prevention, Environmental Services

Rule R392-100

Food Service Sanitation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35715
Filed: 01/20/2012 11:05:56 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 26-1-30(2)(u), and Section 26-15-2. Subsection 26-1-30(2)(u) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of restaurants and all other places where food is handled for commercial purposes, sold, or served to the public. Section 26-15-2 outlines the minimum rules of sanitation to be established by the Department of Health, including restaurants and all places where food or drink is handled, sold, or served to the public.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Environmental Sanitation Program has not received comments opposing the rule, but has received comments from Local Health Departments, Local Environmental Health Directors, Industry representatives, and the food code revision work group regarding different aspects of the rule. The Agency has responded to these comments as part of our process to develop modifications to the rule. In November of 2009, the US Food and Drug Administration (FDA) released the update of their model code as the 2009 FDA Food Code. Comments received from stakeholders indicate a desire for the state rule to be updated to include provisions now included in the 2009 model FDA Food Code.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R392-100 is the statewide rule which establishes the guidelines for industry in regards to food service sanitation, and the rule that local health departments rely on to enforce food sanitation. The rule is the basis for consistent and uniform enforcement of food service sanitation (Section 26-15-2) across all areas of the state. The FDA has concluded that food borne illness in the United States is a major cause of personal distress, preventable death, and avoidable economic burden. The main purpose of Rule R392-100 is to prevent food borne illness, hospitalizations that occur due to food borne illness, and in rare instances, serious disease and death. The Environmental Sanitation Program has not received comments in opposition to the rule, but the Agency has received comments from local health departments, local Environmental Health Directors, the food safety task force, and the Food Code Advisory Committee. Based on the comments received, this rule is necessary as: 1) the standard established by which industry serves food to the public; 2) the standard by which regulatory authorities enforce sanitation; and 3) the standard to which the public looks for protection from disease when they are served food at a food service establishment. Therefore, this rule should be continued.

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 [email protected]

Authorized by:

David Patton, Executive Director

Effective:

01/20/2012