DAR File No. 40356

This notice was published in the May 15, 2016, issue (Vol. 2016, No. 10) of the Utah State Bulletin.

Health, Disease Control and Prevention, Environmental Services

Rule R392-110

Home-based Child Care Food Service

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40356
Filed: 04/26/2016 11:02:08 AM


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

During the Division's five-year review of the rule, it was noted that Section 26-39-104 was indicated in error as an authorizing section and will be removed in the next revision. Sections 26-15-2, 26-1-30, and 26-1-5, and Subsection 26-39-301(1)(a) are the correct authorizing sections and will be added in the next revision. Section 26-15-2 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. Sections 26-1-5 and 26-1-30 authorize the Department to establish, maintain, and enforce rules necessary to promote and protect the public health or to prevent disease and illness. Subsection 26-39-301(1)(a) authorizes the department to make rules to protect qualifying children's common needs for a safe and healthy environment.

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 Division of Disease Control and Prevention has taken comments from the residential child care advisory committee created under Section 26-1-7. These comments included a concern of a perceived overlap of duties between USDA inspectors and DOPL-licensed health inspectors and fees associated with inspections. These comments are currently under review and will be addressed in the next revision of the rule. Comments have been sought from the local health departments, and they have indicated that they are in support of the continuation of the rule. The Utah Department of Health has not received any comment against continuation of this rule.

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

Continuation of Rule R392-110 is recommended by the residential child care advisory committee. An entity serving food to the public is required to abide by Rule R392-100 "Food Service Sanitation", which is the food safety code used by the local health departments in Utah. Rule R430-50 "Residential Certificate Child Care" requires certified facilities to meet local health department food codes. Without Rule R392-110, these residential child care providers would be required to meet the full requirements of Rule R391-100, which normally apply to full service food establishments, meaning extensive plumbing and finished remodels of the homes. Rule R392-110 establishes a minimum set of standards that a home kitchen serving as a food preparation area for a residential child care can meet that also will protect the health and safety of the children.

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

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

Direct questions regarding this rule to:

  • Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov



Authorized by:

Joseph Miner, Executive Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.