DAR File No. 38656

Health, Disease Control and Prevention, Environmental Services

Rule R392-104

Feeding Disadvantaged Groups

Notice of Proposed Rule

(New Rule)

DAR File No.: 38656
Filed: 06/27/2014 08:52:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has been written in response to H.B. 176, recently passed in the 2014 General Legislative Session, to address feeding disadvantaged groups.

Summary of the rule or change:

This new rule outlines the requirements charitable groups need to meet in order to feed disadvantaged groups. The rule also allows charitable groups who meet the rule definition to be exempt from obtaining food handler permits, food safety manager certification, and operating permits from local health departments, but still need to handle food safely and operate safely.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 15a
• Section 26-15-2
• Section 26-15-5

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings at the state level. Any costs will come out of existing budgets.

local governments:

There will be some loss of permit fees as there will be a small number of operating permits and food handler fees no longer required. This number cannot be estimated due to lack of data available to the Department. Local health department administration costs for this rule will come out of existing budgets.

small businesses:

There will be some cost savings as food handler and operating permits will no longer be required. This number cannot be determined due to lack of data available to the Department.

persons other than small businesses, businesses, or local governmental entities:

There will be some cost savings as food handler and operating permits will no longer be required. This number cannot be determined due to lack of data available to the Department.

Compliance costs for affected persons:

There will be some costs savings as food handler and operating permits will no longer be required. This number cannot be determined due to lack of data available to the Department.

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

This will have no impact on business because no businesses are providing this service at the present time.

David Patton, PhD, Executive Director

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

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

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:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

David Patton, Executive Director

R392. Health, Disease Control and Prevention, Epidemiology and Laboratory Services.

R392-104. Feeding Disadvantaged Groups.

R392-104-1. Scope.

(1) The scope of this rule is very narrow, only being directed at charitable organizations feeding disadvantaged groups as defined by this rule at an event free of any charge, admission fee or required or suggested donation.

(2) Charitable organizations which do not meet the requirements of R392-104, must meet the requirements of R392-100.

 

R392-104-2. Definitions.

(1) "Department" means the Utah Department of Health.

(2) "Executive Director" means the Executive Director of the Utah Department Of Health or designated representative.

(3) "Disadvantaged Group" means a homeless or temporarily displaced group.

(4) "Local Health Officer" means the director of the jurisdictional local health department as defined in 26A, Chapter 1, or designated representative.

(5) "Charitable Organization" means a group of any size who desire to feed disadvantaged groups under the requirements of this rule.

(6) "Event" for purposes of this rule means an organized activity where food is offered free of any charge, admission fee or required or suggested donation to a disadvantaged group.

 

R392-104-3. Permit and Certification Exemptions.

(1) Charitable organizations which feed disadvantaged groups as defined by this rule at an event free of any charge, admission fee or voluntary donation, are exempt from:

(a) the requirement of obtaining a food service operating permit from a local health department;

(b) the food safety manager requirements of R392-101; and

(c) the food handler requirements of R392-103.

(2) Charitable organizations that charge a fee or suggest a voluntary donation at the event are not exempt from R392-100, R392-101, and R392-103.

 

R392-104-4. Charitable Organization Requirements.

(1) A representative of a charitable organization shall notify the local health department of the intent to feed a disadvantaged groupand shall provide a list of the date, location, and time of events and the charitable organization contact information. A charitable organization shall notify the local health department of any changes to the list before they occur.

(2) Charitable organizations shall contact a local health department and obtain information concerning food safety and safe food handler practices as required by this rule.

(3) Charitable organizations feeding a disadvantaged group shall provide instruction obtained from the local health department to those persons who will be functioning as food handlers at an event.

(4) Charitable organizations shall follow the food safety and safe food handler practices as provided in the information given by a local health department.

(5) Charitable organizations are subject to enforcement procedures outlined in UCA 26A-1-114.

 

R392-104-5 Local Health Department Requirements.

(1) Local health departments shall provide statewide uniform food safety and food handling information based on approved temporary event guidelines, Centers for Disease Control and Prevention five risk factors associated with food-borne illness outbreaks, and food safety principles as found in R392-100. Local health departments shall provide the charitable organization this information initially and after any updates have been made to the guidelines.

(2) Local health departments shall maintain a register of charitable organization events at no cost to the charitable organization.

 

KEY: public health, food services

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 26-1-30(2); 26-15-5; 26-15a-104