DAR File No. 43660

Health, Disease Control and Prevention, Environmental Services

Rule R392-110

Food Service Sanitation in Residential Care Facilities

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 43660
Filed: 04/17/2019 08:22:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is authorized under Sections 26-1-5 and 26-15-2, and Subsections 26-1-30(9), 26-1-30(23), and 26-39-301(1). The rule has been modified to expand the applicability of Rule R392-110 to include youth and adult residential care facilities. This modification was done at the request, and with the participation, of the Department of Human Services (DHS) and the local health departments. As part of the license approval procedure, DHS requires residential care facilities to submit a completed food safety inspection report from the local health department. Until now, this was done using Rule R392-100 as guidance for the inspectors and operators. These changes will standardize the inspection criteria throughout the state. In addition, the modifications simplify the rule, remove outdated language and redundancies, and provide technical and conforming changes in accordance with the Rulewriting Manual for Utah.

Summary of the rule or change:

This rule establishes minimum standards for the sanitation, operation, and maintenance of food service sanitation in residential care facilities, and provides for the prevention and control of health hazards associated with residential care facilities that are likely to affect public health including risk factors contributing to injury, sickness, death, and disability.

Statutory or constitutional authorization for this rule:

• Section 26-1-5
• Subsection 26-1-30(23)
• Section 26-15-2
• Subsection 26-1-30(9)
• Subsection 26-39-301(1)
• Section 26-7-1

Anticipated cost or savings to:

the state budget:

Repealing and reenacting Rule R392-110 will not result in a cost or benefit to the state budget because the reenacted rule does not require a change to state operations, programs, or procedures and it does not include requirements for the payment of fines or fees to any state agency.

local governments:

Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to local governments because no construction, equipment, or operational changes are required by this rule. The reenacted rule does not include requirements for a permit or permit fee. A local health officer may conduct an inspection of the facility at the request of the facility owner or operator. The reenacted rule makes a provision for local governments to assess an inspection fee to offset the cost of the inspection. These inspections have already been taking place prior to enactment of this rule modification. Inspection frequency is not specified in this rule, as inspections will be conducted by request only.

small businesses:

Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to small businesses because no construction, equipment or operational changes are required by this rule. Any currently licensed residential care facility has already received an inspection and paid the associated fee as a requirement of licensure. Thus, the inspection fee described in Subsection R392-110-4(1) in the reenacted rule is not a new cost to small business.

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

Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to any one specific person, as defined.

Compliance costs for affected persons:

Affected persons are as follows. State: Utah Department of Health; Utah Department of Human Services. There are no compliance costs for the affected persons. Local Governments: 13 local health departments. There are no compliance costs for the affected persons. Small businesses: public businesses such as residential treatment programs, residential support programs, recovery residences, and certified or licensed child care facilities, including residences, that provide care for 16 or fewer children. There are no compliance costs for the affected persons. Persons: No specific person will be affected by this rule, therefore, there are no compliance costs for the affected persons.

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

There is no fiscal impact because no construction, equipment or operational changes are required.

Joseph K. Miner, MD, Executive Director

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]

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:

06/14/2019

This rule may become effective on:

06/21/2019

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 68 non-small businesses in the industry in question operating in Utah under the NAICS codes of 621420, 623210, 623220, and 624120. These businesses will likely not experience a direct cost or benefit because this rule requires no construction, equipment, or operational changes. Any currently licensed non-small residential care facility has already received an inspection and paid the associated fee as a requirement of licensure. Any non-small residential care facility licensed after this rule is repealed and reenacted will not pay any additional fee that was not already in place as a requirement for licensure prior to rule reenactment. Thus, the inspection fee described in Subsection R392-110-4(1) of the proposed reenacted rule is not a new cost to non-small business.

 

The head of Utah Department of Health, Dr. Joseph Miner, has reviewed and approved this fiscal analysis.

 

 

R392. Health, Disease Control and Prevention, Environmental Services.

[R392-110. Home-based Child Care Food Service.

R392-110-1. Authority and Purpose.

This rule establishes food service inspection standards for certified or licensed child care providers that provide care for 16 or fewer children. It is authorized by Sections 26-15-2, 26-1-30, 26-1-5, and 26-39-301(1).

 

R392-110-2. Applicability.

This rule applies to food service provided in certified or licensed child care facilities, including residences, that provide care for 16 or fewer children, notwithstanding the provisions of R392-100. R392-100 governs food service provided in facilities that care for more than 16 children.

 

R392-110-3. Inspection Request, Report.

After request and payment of the fee established by the local health department, a local health department shall inspect a child care provider's food service based on the standards established in this rule and using an inspection form approved by the Department. Upon satisfactory inspection, the local health department shall issue a report to the child care provider stating that the food service provided by the child care provider poses no serious sanitation or health hazard to children.

 

R392-110-4. Standards.

(1) Food is obtained from sources that comply with law and are approved as outlined in R392-100 3-2.

(2) Food in a hermetically sealed container is obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(3) Food is protected from contamination by storing the food in a clean, dry location where it is not exposed to splash, dust, or other contamination and stored above the floor.

(4) Food is not stored in toilet rooms or mechanical rooms, under sewer lines, under leaking water lines or under any source of contamination.

(5) Food brought in by parents to serve to other children in the facility is from approved sources that comply with law and are approved as outlined in R392-100 3-2

(6) Food brought in by a parent or guardian for specific use of that person's child is labeled with the name of the child.

(7) Bottled or canned baby food, upon opening, is labeled on the outside of the container with the date and time of opening.

(8) Canned or bottled opened baby food containers, except for dry products, are refrigerated and kept at 41 degrees F or below.

(9) Canned or bottled baby food, except for dry products, is discarded if not used within 24 hours of opening.

(10) Infant formula or breast milk is discarded after feeding or within two hours of initiating a feeding.

(11) Refrigerators used to store food for children are maintained and cleaned to prevent contamination of stored food.

(12) Food products stored inside refrigerator are stored at 41 degrees F or below as outlined by R392-100 3-5.

(13) A calibrated thermometer is stored in the refrigerator to verify the temperature of food products.

(14) Food prepared at the day care facility meets the critical cooking, hot holding, cold holding, and cooling temperatures as outlined in R392-100, 3-4 and 3-5.

(15) Each caregiver who prepares or serves food is trained in food safety and has a copy of a current food handler permit on file at the facility.

(16) Food is served on clean plates, single service plates, or a clean and sanitized high chair tray.

(17) If napkins are used at meals or snacks, then they must be single service.

(18) Clean cups or single service cups are provided at each beverage service.

(19) Before each use, reusable food holders, utensils, and preparation surfaces are washed with hot water and detergent solutions, rinsed with clean water, and sanitized as outlined in R392-100 4-501.114.

(20) Food employees clean their hands and exposed portions of their arms:

(a) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single service and single use articles;

(b) after touching bare human body parts other than clean hands and clean exposed portions of arms;

(c) after using the toilet room;

(d) after caring for or handling any animal, including service animals;

(e) when switching between working with raw food and ready to eat food; and

(f) as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.

(21) Hand washing facilities are located to allow convenient use by employees in food preparation, food dispensing, and ware washing areas; and in or immediately adjacent to toilet rooms.

(22) When preparing food, employees wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens, and unwrapped single service and single use articles.

(23) Food employees wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single service and single use articles.

(24) Poisonous or toxic chemicals are identified.

(25) Procedures are in place to ensure that poisonous or toxic chemicals are safely stored to prevent access by children

(26) Poisonous or toxic materials are stored so they can not contaminate food, equipment, utensils, linens, and single service and single use articles.

(27) Only those poisonous or toxic materials that are required for the operation and maintenance of food storage, preparation, and service areas such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents are in the food storage, preparation, and service areas.

(28) Menus for the current week are posted in plain sight and accessible for public review.]

R392-110. Food Service Sanitation in Residential Care Facilities.

R392-110-1. Authority and Purpose.

(1) This rule is authorized by Sections 26-15-2, 26-1-30(9), 26-1-30(23), 26-1-5, 26-7-1, and 26-39-301(1).

(2) This rule establishes uniform food service inspection standards for residence-based group care facilities.

 

R392-110-2. Applicability.

(1)(a) This rule applies to food service provided in certified or licensed child care facilities, including residences, that provide care for 16 or fewer children, notwithstanding the provisions of R392-100.

(b) Rule R392-100 governs food service provided in facilities that care for more than 16 children.

(2)(a) This rule applies to food service provided in facilities with a 24-hour group living environment for between four and 12 individuals unrelated to the owner, or provider, such as the following:

(i) residential treatment programs;

(ii) residential support programs; and

(iv) recovery residences.

(b) Rule R392-100 governs food service in a facility as described in R392-110-2(2)(a) that provides care for more than 12 individuals.

 

R392-110-3. Definitions.

For the purposes of this rule, the following terms, phrases, and words shall have the meanings herein expressed:

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

(2) "FDA Food Code" or "Food Code" means the most recent FDA Model Food Code as adopted by reference with amendments in Rule R392-100.

(3) "Food handler" means a person who works with unpackaged food, food equipment or utensils, or food-contact surfaces for a food establishment as defined in FDA Food Code.

(4) "Food handler permit" means a permit issued by a local health department to allow a person to work as a food handler.

(5) "Food processing facility" means a commercial operation that manufactures, packages, labels, or stores food for human consumption, but does not provide food directly to a consumer, including any establishment that cans food, or packages food in packaging with a modified atmosphere, and is inspected by the local, state, or federal food regulatory agency having jurisdiction.

(6) "Local health department" has the same meaning as provided in Section 26A-1-102(5).

(7) "Local health officer" means the health officer of the local health department having jurisdiction, or designated representative.

(8) "Nuisance" means a condition or hazard, or the source thereof, which may be deleterious or detrimental to the health, safety, or welfare of the public.

(9) "Operator" means any person who owns, leases, manages or controls, or who has the duty to manage or control a residential care facility.

(10) "Provider" means a person with ownership or overall responsibility for managing or operating a residential care facility in Utah.

(11) "Recovery residence" has the same meaning as provided in Subsection 62A-2-101(33)(a).

(12) "Residential support" has the same meaning as provided in Subsection 62A-2-101(35).

(13) "Residential treatment" has the same meaning as provided in Subsection 62A-2-101(36).

(14) "Service animal" has the same meaning as provided in Section 35.104 of the Americans with Disabilities Act Title II Regulations.

(15) "Time/temperature control for safety food (TCS)" means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation, along with all inclusions and exclusions defined in FDA Food Code.

 

R392-110-4. Facility Inspection and General Requirements.

(1) After a provider requests an inspection and pays the inspection fee, a local health officer shall inspect a residential care facility based on the food safety standards established in Section R392-110-5.

(2) A local health officer shall use an inspection form approved by the Department.

(3) Upon satisfactory completion of the inspection, the local health officer shall issue a written report to the provider stating that the facility food services comply with Rule R392-110.

(4) This rule does not require a construction change in any portion of a residential care facility if the facility was in compliance with the law in effect at the time the facility was constructed, except as in R392-110-4(4)(a).

(a) The local health officer may require construction changes if it is determined the residential care facility or portion thereof is dangerous, unsafe, unsanitary, or a nuisance.

(5) The operator shall carry out the provisions of this rule.

(6) Severability - If any provision of this rule or its application to any person or circumstance is declared invalid, the application of such provision to other persons or circumstances, and the remainder of this rule, shall not be affected thereby.

(7) The operator shall comply with all applicable building, zoning, electrical, health, fire codes and all local ordinances.

 

R392-110-5. Food Safety Standards.

(1) When conducting an inspection, a local health officer shall verify that the provider is maintaining a residential care facility according to the following standards:

(a) Potable water supply systems for use by group home facility caregivers and clients are designed, installed, and operated according to the requirements set forth by:

(i) Plumbing Code;

(ii) The Utah Department of Environmental Quality, Division of Drinking Water under Title R309; and

(iii) Local health department regulations.

(b) Food is obtained from a grocery store, permitted food establishment, or food processing facility. Whole produce may be obtained from a farmer's market

(c) Food has not been adulterated, as defined in Section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 342.

(d) Food is protected from contamination by storing the food in a clean, dry location where it is not exposed to splash, dust, or other contamination, and is stored at least six inches above the floor.

(e) Food is not stored in toilet rooms or mechanical rooms, under sewer lines, under leaking water lines or under any source of contamination.

(f) Food brought in by friends or relatives to serve to other individuals in the facility is obtained from approved sources that comply with Rule R392-100.

(g) Food brought in by a parent or guardian for specific use of that person's child is labeled with the name of the child.

(h) Bottled or canned baby food, upon opening, is labeled on the outside of the container with the date and time of opening.

(i) Time/temperature control for safety (TCS) food products stored inside a refrigerator, including canned or bottled opened baby food containers, are stored at 41 degrees F or below.

(j) Canned or bottled baby food, except for dry products, is discarded if not used within 24 hours of opening.

(k) Infant formula or breast milk is discarded after feeding or within two hours of initiating a feeding.

(l) A refrigerator used to store food for children or residents is maintained and cleaned to prevent contamination of stored food.

(m)(i) A calibrated thermometer is conspicuously placed in the refrigerator.

(ii) In addition, a calibrated metal stem food temperature measuring device is provided and readily accessible.

(n) Time/temperature control for safety (TCS) food prepared at the residential care facility meets the critical cooking, reheating, hot holding, cold holding, and cooling temperatures as required in Rule R392-100.

(o) Each caregiver or client who works as a food handler:

(i) has a copy of a current food handler permit on file at the facility; and

(ii) abides by the employee health requirements described in Section 2-2 of FDA Food Code.

(p) Food is served on clean and sanitized plates, single service plates, or a clean and sanitized high chair tray.

(q) Properly laundered, or single-service napkins are used.

(r) Clean and sanitized cups or single service cups are provided at each beverage service.

(s) Before each use, reusable food holders, utensils, and preparation surfaces are cleaned and sanitized as required in Sections 4-5 and 4-6 of FDA Food Code.

(t) Food handlers clean their hands and exposed portions of their arms:

(i) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unpackaged single service and single use articles;

(ii) after touching bare human body parts other than clean hands and clean exposed portions of arms;

(iii) after using the toilet room;

(iv) after caring for or handling any animal, including service animals;

(v) when switching between working with raw food and ready to eat food; and

(vi) as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.

(u) Hand washing facilities are located to allow convenient use by food handlers in food preparation, food dispensing, and ware washing areas; and in or immediately adjacent to toilet rooms.

(v) When preparing food, food handlers wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens, and unwrapped single service and single use articles.

(w) Food handlers wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single service and single use articles.

(x) Poisonous or toxic chemicals are:

(i) properly identified;

(ii) safely stored to prevent access by children, or at-risk youth or adults; and

(iii) stored so they cannot contaminate food, equipment, utensils, linens, and single service and single use articles.

(y) Only those poisonous or toxic materials that are required for the operation and maintenance of food storage, preparation, and service areas such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents are in the food storage, preparation, and service areas.

(2) The provider may elect to allow animals in a residential care facility when the following conditions are met:

(a) Only service animals assisting persons with disabilities are permitted in food storage and food preparation areas. Pets, emotional support animals, comfort animals, and therapy animals are not permitted in these areas.

(b) Except service animals, animals are only allowed in dining areas when food is not served, and only if surfaces are cleaned before the next food service.

(c) The provider removes animal hair, fur, feathers, feces, and soiled bedding as often as necessary to prevent unsanitary conditions or objectionable odors.

(b) Animal allergens, odors, noise, filth, and other nuisances do not cause a disturbance to residents.

 

KEY: child care providers, food service , residential support, residential treatment

Date of Enactment or Last Substantive Amendment: [September 18, 2006]2019

Notice of Continuation: April 26, 2016

Authorizing, and Implemented or Interpreted Law: 26-15-2[; 26-39-104]; 26-1-30(9); 26-1-30(23); 26-1-5; 26-7-1; 26-39-301(1)