Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R392. Health, Disease Control and Prevention, Epidemiology and Laboratory Services.

Rule R392-104. Feeding Disadvantaged Groups.

As in effect on October 1, 2019

Table of Contents

R392-104-1. Scope.

(1) The scope of this rule is very narrow, only being directed at charitable organizations feeding disadvantaged groups as defined by this rule at an event free of any charge, admission fee or required or suggested donation.

(2) Charitable organizations which do not meet the requirements of R392-104, must meet the requirements of R392-100.

R392-104-2. Definitions.

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

(2) "Executive Director" means the Executive Director of the Utah Department Of Health or designated representative.

(3) "Disadvantaged Group" means a homeless or temporarily displaced group.

(4) "Local Health Officer" means the director of the jurisdictional local health department as defined in 26A, Chapter 1, or designated representative.

(5) "Charitable Organization" means a group of any size who desire to feed disadvantaged groups under the requirements of this rule.

(6) "Event" for purposes of this rule means an organized activity where food is offered free of any charge, admission fee or required or suggested donation to a disadvantaged group.

R392-104-3. Permit and Certification Exemptions.

(1) Charitable organizations which feed disadvantaged groups as defined by this rule at an event free of any charge, admission fee or voluntary donation, are exempt from:

(a) the requirement of obtaining a food service operating permit from a local health department;

(b) the food safety manager requirements of R392-101; and

(c) the food handler requirements of R392-103.

(2) Charitable organizations that charge a fee or suggest a voluntary donation at the event are not exempt from R392-100, R392-101, and R392-103.

R392-104-4. Charitable Organization Requirements.

(1) A representative of a charitable organization shall notify the local health department of the intent to feed a disadvantaged group and shall provide a list of the date, location, and time of events and the charitable organization contact information. A charitable organization shall notify the local health department of any changes to the list before they occur.

(2) Charitable organizations shall contact a local health department and obtain information concerning food safety and safe food handler practices as required by this rule.

(3) Charitable organizations feeding a disadvantaged group shall provide instruction obtained from the local health department to those persons who will be functioning as food handlers at an event.

(4) Charitable organizations shall follow the food safety and safe food handler practices as provided in the information given by a local health department.

(5) Charitable organizations are subject to enforcement procedures outlined in UCA 26A-1-114.

R392-104-5 Local Health Department Requirements.

(1) Local health departments shall provide statewide uniform food safety and food handling information based on approved temporary event guidelines, Centers for Disease Control and Prevention five risk factors associated with food-borne illness outbreaks, and food safety principles as found in R392-100. Local health departments shall provide the charitable organization this information initially and after any updates have been made to the guidelines.

(2) Local health departments shall maintain a register of charitable organization events at no cost to the charitable organization.

KEY

public health, food services

Date of Enactment or Last Substantive Amendment

September 12, 2014

Notice of Continuation

August 20, 2019

Authorizing, Implemented, or Interpreted Law

26-1-30(2); 26-15-5; 26-15a-104


Additional Information

Contact

For questions regarding the content or application of rules under Title R392, please contact the promulgating agency (Health, Disease Control and Prevention, Epidemiology and Laboratory Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.