DAR File No. 39950
This rule was published in the December 15, 2015, issue (Vol. 2015, No. 24) of the Utah State Bulletin.
Agriculture and Food, Regulatory Services
Notice of Proposed Rule
DAR File No.: 39950
Filed: 11/17/2015 05:19:05 PM
Purpose of the rule or reason for the change:
The changes to the rule are to adopt the 2013 FDA Food Code.
Summary of the rule or change:
The changes update the 2009 FDA Food Code to the 2013 Food Code; clean up some wording and organize the sections into an order that helps coordinate with the food code; and some additional changes were made to make the rule consistent with Utah Plumbing Code. Some other basic changes were put in place in order to have consistency with the state and local health departments food service rule.
State statutory or constitutional authorization for this rule:
- Title 4, Chapter 5
This rule or change incorporates by reference the following material:
- Updates 2013 FDA Food Code, published by US Department of Health and Human Services, 2013
Anticipated cost or savings to:
the state budget:
This was just an update, so the state did not and will not incur any costs by adopting the 2013 Food Code.
The local health departments have already been working with the 2009 Food Code and they have not and will not incur any costs due to this rule update.
The update to the 2013 and its minimal changes has more cost savings than costs incurred. Some changes to requirements will save industry money. They changed the shelf life from 15 to 30 days for vacuum sealed food products allowing for the longer sell of products.
persons other than small businesses, businesses, or local governmental entities:
These minimal changes will not make a difference in costs or savings to other persons.
Compliance costs for affected persons:
These changes were very minimal. The Food Code is already in place, and with this update there will not be any additional compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
These minor changes will not affect fiscal impact of businesses because the changes made to the Food Code of a nature that will not add a financial cost to the business.
LuAnn Adams, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Agriculture and Food
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034
Direct questions regarding this rule to:
- Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org
- Noel Schvaneveldt at the above address, by phone at 801-538-7108, by FAX at 801-538-7124, or by Internet E-mail at email@example.com
- Travis Waller at the above address, by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at firstname.lastname@example.org
- Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
LuAnn Adams, Commissioner
R70. Agriculture and Food, Regulatory Services.
R70-530. Food Protection.
R70-530-1. Authority and Purpose.
This rule is promulgated under the authority of Section 4-5-17 UCA.
This rule shall be liberally construed and applied to promote its underlying purpose of safeguarding public health and providing to consumers food that is safe, unadulterated, and honestly presented.
This rule establishes definitions; sets standards for management and personnel, food operations, equipment, and facilities; and provides for food establishment plan review, inspection, and employee restriction. It shall be used to regulate bakeries, grocery and convenience stores, meat markets, food and grain processors, warehouses and any other establishment meeting the definition of a food establishment.
R70-530-3 Incorporation by Reference.
(1) The food standards, labeling requirements and procedures as specified in 21 CFR, 1 through 200, 2013 edition, 40 CFR 185, April 17, 2012 edition, and 9 CFR 200 to End, January 1, 2012 edition, are incorporated by reference.
(2) The requirements as found in the U.S.
Public Health Service, Food and Drug Administration, Food Code
2009], Chapters 1 through 8[ , Annex1,]
and Annex 2,
Federal Food, Drug, and Cosmetic Act, 21, U.S.S. 342, Sec. 402 are
adopted and incorporated by reference, [ with the exclusion of Sections 8-302.14(C)(2),(D) and
(E); ]and with the following additions or amendments:
(c) In [
section] 1-201.10 under
, replace the semicolon and the word "and"
at the end of
paragraph (2) with a period; replace the period at the
paragraph (3) with "; and"; and insert a new
paragraph after paragraph (3) to read: "(4)
'Priority Item' will also be referred to as 'critical
1' in the state rule."
[ section] 1-201.10
Priority Foundation Item,
replace the semicolon and the word "and" at
the end of
paragraph (2) with a period; replace the period at the
paragraph (3) with,"; and"; and add a new
paragraph (3) to read: "(4) 'Priority foundation
item' will also be referred to as 'critical 2' in the
[ section] 2-102.11 [ paragraph ](17), add a new section to read:
"2-102-12 Food Employee Training. Food employees shall be
trained in food safety as required under 26-15-5 and shall hold a
valid food handler's permit issued by a local health
(j) At the end of section 5-101.12, add: "The process shall be in accordance with the American Water Works Association (AWWA) C651-2005 for disinfection and testing."
At the end of] section 5-202.13,[ add:]
[ "Where the distance to the adjacent wall is closer
than three pipe diameters, the air gap shall not be less than 1-1/2
After the reference to the section number
"5-202.13" in section 5-203.15 paragraph (A), delete the
article "a" and insert: "an American Society of
Safety Engineers (ASSE) 1022".]
After the reference to paragraph (B) in section 5-402.11
paragraph (A), delete the coma; insert the word "and";
and delete the text, ", and (D)" that follows the
reference to paragraph (C).]
(n) Delete paragraph (D) from section
(a)] Amend section 8-103.11 to add:
(D) In addition, a variance from section 3-301.11 may be issued only when:
(1) the variance is limited to a specific task or work station;
(2) the applicant has demonstrated good cause why section 3-301.11 cannot be met;
(3) suitable utensils are used to the fullest extent possible with ready-to-eat foods in the rest of the establishment; and
(4) the applicant can demonstrate active [
management] control of this risk factor at all times.
(d)] Amend section 8-302.14 to renumber (F) to
(D), (G) to (E), and (H) to (F).
(b)] Amend [ section] 8-304.10(A) to read:
(A) Upon request, the regulatory authority
shall provide a copy of the
food service sanitation rule] according to the
policy of the local regulatory agency.
(e)] Amend [ section] 8-401.10
(B)(2) [ to delete the phrase "and at least once every 6 months
the establishment is contacted by telephone or other means by the
regulatory authority to ensure that the establishment manager and
the nature of food operation are not changed."]
[ section] 8-501.10(C) to read: (C) Meeting
reporting requirements under Communicable Disease Rule R386-702 and
Injury Reporting Rule R386-703.
(g)] Amend section 8-601.10 to read: Due process
and equal protection shall be afforded as required by law in all
enforcement and regulatory actions. Enforcement of this Rule shall
be in accordance with title 4-2-2(J), Title 4-2-12, and
(o)]Add "8-7 Penalties; 8-701.10 State
All parts of the food establishment shall be designed, constructed, maintained, and operated to meet the standards of the state construction code adopted by the Utah Legislature under Title 15A UCA. A copy of the construction code is available at the office of the local building inspector."
KEY: food, inspections
Date of Enactment or Last Substantive Amendment: [
March 27, 2014]
Notice of Continuation: March 7, 2012
Authorizing, and Implemented or Interpreted Law: 4-5-17
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org; Noel Schvaneveldt at the above address, by phone at 801-538-7108, by FAX at 801-538-7124, or by Internet E-mail at email@example.com; Travis Waller at the above address, by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at firstname.lastname@example.org; Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.