DAR File No. 43995

This notice was published in the September 15, 2019, issue (Vol. 2019, No. 18) of the Utah State Bulletin.

Health, Disease Control and Prevention, Environmental Services

Rule R392-104

Feeding Disadvantaged Groups

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43995
Filed: 08/20/2019 09:09:02 AM


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

Rule R392-104 is authorized under Subsection 26-1-30(4), and Sections 26-15-5.1 and 26-15A-105. Subsection 26-1-30(4) authorizes the Department of Health (Health) to establish, maintain, and enforce rules necessary or desirable to carry out the provisions and purposes of Title 26 to promote and protect public health or to prevent disease and illness. Sections 26-15-5.1 and 26-15A-105 exempts charitable organizations from the requirements to have food handler permits or a food safety manager certification, respectively.

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 through the register of charitable organizations that feed disadvantage groups. No comments were received in opposition to a continuation of Rule R392-104.

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 R392-104 is recommended by the Department. This rule exempts certain charitable organizations from facility and operator permitting requirements, as well as meets statutory requirements to exempt food workers from needing food handler permits or food safety manager certifications. Keeping these exemptions in place encourages organizations and individuals to volunteer and help disadvantaged groups. The Department received no comments in opposition to this rule.

The full text of this rule may be inspected, during regular business hours, at the Office 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/2019/b20190915.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 Office of Administrative Rules.