DAR File No. 43436

Health, Disease Control and Prevention, Environmental Services

Rule R392-101

Food Safety Manager Certification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43436
Filed: 12/12/2018 08:12:48 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:

Rule R392-101 is authorized under Section 26-15a-103, which requires the Department of Health (Department) to establish statewide uniform standards for certified food safety managers by rule, and to approve food safety certification examinations.

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 Department sought comments from the local health departments in Utah, as well as local and national restaurant associations, and food safety manager training providers located in Utah. The Department received no comments in opposition to a continuation of Rule R392-101. Two individuals from one local health department (Davis County Health Department) provided comments, asking the Department to consider a revision of select regulatory requirements as summarized: 1) Section R392-101-3 uses an outdated term ("potentially hazardous food"). To be consistent with Rule R392-100, this term should be replaced with the term "Time/Temperature Control for Safety Food". 2) This rule should require an examinee to demonstrate knowledge that bare hand contact is prohibited with ready-to-eat food. 3) This rule should require an examinee to demonstrate knowledge in the practice of using time as a public health control. 4) This rule should state the authority of a local health officer to deny, revoke, or suspend a food safety manager certificate for specific conditions stated in the rule. 5) Subsection R392-101-4(2) is too vague. This rule should clearly specify the process of instructor certification. 6) The regulatory provisions under Section R392-101-7 are confusing and unclear. The various local health departments are implementing the requirements in many different ways, which is causing confusion and complaints from food safety managers. 7) The rule exemptions listed in this rule are not as comprehensive as the exemptions listed in Section 26-15a-10, nor does this rule make reference to that statutory provision.

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

The Department recommends the continuation of Rule R392-101, Food Safety Manager Certification. This rule complies with statute by accomplishing the following important functions: 1) it establishes statewide uniform standards for certified food safety managers; 2) it defines the examination content required to ensure an examinee demonstrates sufficient knowledge in food protection management; and 3) it facilitates the implementation of the Food Safety Manager Certification Act. The Department received no comments in opposition to the continuation of R392-101. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at [email protected]

Effective:

12/12/2018

Authorized by:

Joseph Miner, Executive Director