S.B. 187 Enrolled

1

FOOD HANDLER LICENSING AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Johnny Anderson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the General Sanitation chapter in the Utah Health Code by amending
10 provisions related to a food handler.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits a person from acting as a food handler for a food service establishment
15 unless the person successfully completes an approved food handler training program
16 and holds a valid food handler permit;
17 . provides for an approved food handler training program, a certificate of completion,
18 and a food handler permit, including content of the training, testing, and fees;
19 . provides that the Department of Health shall develop exam questions, determine
20 information required to identify each student, establish rules for suspending or
21 revoking a food handler permit for cause, and establish rules for preventing fraud;
22 . provides that the department in consultation with local health departments shall
23 approve the content of an approved food handler training program, including
24 approving each entity providing the program;
25 . requires that an instructor of an approved food handler training program be
26 registered with a local health department;
27 . provides for department approval of alternative test questions requested by an
28 approved food handler training provider; and
29 . provides for rulemaking by the department.

30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 This bill takes effect on July 1, 2013.
34 Utah Code Sections Affected:
35 REPEALS AND REENACTS:
36 26-15-5, as enacted by Laws of Utah 1981, Chapter 126
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-15-5 is repealed and reenacted to read:
40 26-15-5. Requirements for food handlers -- Training program and testing
41 requirements for permit -- Rulemaking.
42 (1) As used in this section:
43 (a) "Approved food handler training program" means a training program described by
44 this section and approved by the department.
45 (b) "Food handler" means a person who works with unpackaged food, food equipment
46 or utensils, or food-contact surfaces for a food service establishment.
47 (c) "Food handler permit" means a permit issued by a local health department to allow
48 a person to work as a food handler.
49 (d) "Food service establishment" has the same meaning as provided in Section
50 26-15a-102 .
51 (e) "Provider" means a person or entity that provides an approved food handler training
52 program.
53 (2) A person may not work as a food handler for a food service establishment unless
54 the person:
55 (a) successfully completes an approved food handler training program within 14 days
56 after the day on which the person begins employment that includes food handler services; and
57 (b) obtains a food handler permit within 30 days after the day on which the person

58 begins employment that includes food handler services.
59 (3) An approved food handler training program shall include:
60 (a) at least 75 minutes of training time;
61 (b) an exam, which requires a passing score of 75% and, except as provided in
62 Subsection (11), consists of:
63 (i) 40 multiple-choice questions developed by the department, in consultation with
64 local health departments; and
65 (ii) four content sections designated by rule of the department with 10 randomly
66 selected questions for each content section; and
67 (c) upon completion, the awarding of a certificate of completion that is valid with any
68 local health department in the state for 30 days after the day on which the certificate is issued:
69 (i) to a student who:
70 (A) completes the training; and
71 (B) passes the exam described in this Subsection (3) or an exam approved by the
72 department in accordance with Subsection (11); and
73 (ii) which certificate of completion:
74 (A) includes student identifying information determined by department rule; and
75 (B) is delivered by mail or electronic means.
76 (4) (a) A person may obtain a food handler permit by:
77 (i) providing a valid certificate of completion of an approved food handler training
78 program and an application, approved by the local health department, to a local health
79 department; and
80 (ii) paying a food handler permit fee to the local health department.
81 (b) (i) A local health department may charge a food handler permit fee that is
82 reasonable and that reflects the cost of managing the food safety program.
83 (ii) The department shall establish by rule the maximum amount a local health
84 department may charge for the fee described in Subsection (4)(b)(i).
85 (5) A person working as a food handler for a food service establishment shall obtain a

86 food handler permit:
87 (a) before handling any food;
88 (b) within 30 days of initial employment with a food service establishment; and
89 (c) within seven days of the expiration of an existing food handler permit.
90 (6) (a) A person who holds a valid food handler permit under this section may serve as
91 a food handler throughout the state without restriction.
92 (b) A food handler permit granted after June 30, 2013, is valid for three years from the
93 date of issuance.
94 (7) A person may not serve as an instructor of an approved food handler training
95 program, unless the person is registered with a local health department as an instructor.
96 (8) The department, in consultation with local health departments, shall:
97 (a) approve the content of an approved food handler training program required under
98 Subsection (3);
99 (b) approve, as qualified, each provider; and
100 (c) in accordance with applicable rules made under Subsection (12), provide a means to
101 authenticate:
102 (i) documents used in an approved food handler training program;
103 (ii) the identity of an approved instructor; and
104 (iii) an approved provider.
105 (9) An approved food handler training program shall:
106 (a) provide basic instruction on the Centers for Disease Control and Prevention's top
107 five foodborne illness risk factors, including:
108 (i) improper hot and cold holding temperatures of potentially hazardous food;
109 (ii) improper cooking temperatures of food;
110 (iii) dirty or contaminated utensils and equipment;
111 (iv) poor employee health and hygiene; and
112 (v) food from unsafe sources;
113 (b) be offered through:

114 (i) a trainer-led class;
115 (ii) the Internet; or
116 (iii) a combination of a trainer-led class and the Internet;
117 (c) maintain a system to verify a certificate of completion of an approved food handler
118 training program issued under Subsection (3) to the department, a local health department, and
119 a food service establishment; and
120 (d) provide to the department unrestricted access to classroom training sessions and
121 online course materials at any time for audit purposes.
122 (10) (a) A provider that provides an approved food handler training program may
123 charge a reasonable fee.
124 (b) If a person or an entity is not approved by the department to provide an approved
125 food handler training program, the person or entity may not represent, in connection with the
126 person's or entity's name or business, including in advertising, that the person or entity is a
127 provider of an approved food handler training program or otherwise represent that a program
128 offered by the person or entity will qualify an individual to work as a food handler in the state.
129 (11) (a) Subject to the approval of the department every three years, a provider may use
130 an exam that consists of questions that do not conform with the provisions of Subsection
131 (3)(b), if:
132 (i) the provider complies with the provisions of this Subsection (11);
133 (ii) the provider pays a fee every three years to the department, which fee shall be
134 determined by the department and shall reflect the cost of the review of the alternative test
135 questions; and
136 (iii) an independent instructional design and testing expert provides a written report to
137 the department containing a positive recommendation based on the expert's analysis as
138 described in Subsection 11(b).
139 (b) (i) A provider may request approval of a different bank of test questions other than
140 the questions developed under Subsection (3) by submitting to the department a proposed bank
141 of at least 200 test questions organized by learning objective in accordance with Subsection

142 (9)(a).
143 (ii) A provider proposing a different bank of test questions under this Subsection (11)
144 shall contract with an independent instructional design and testing expert approved by the
145 department at the provider's expense to analyze the provider's bank of test questions to ensure
146 the questions:
147 (A) effectively measure the applicant's knowledge of the required learning objectives;
148 and
149 (B) meet the appropriate testing standards for question structure.
150 (c) If the department provides written notice to a provider that any test question of the
151 provider's approved exam under this Subsection (11) inadequately tests the required learning
152 objectives, the provider shall make required changes to the question within 30 days after the
153 day on which written notice is received by the provider.
154 (d) A food handler exam offered by a provider may be:
155 (i) a written exam;
156 (ii) an online exam; or
157 (iii) an oral exam, if circumstances require, including when an applicant's language or
158 reading abilities interfere with taking a written or online exam.
159 (e) A provider shall routinely rotate test questions from the test question bank, change
160 the order of test questions in tests, and change the order of multiple-choice answers in test
161 questions to discourage cheating.
162 (12) (a) When exercising rulemaking authority under this section the department shall
163 comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
164 (b) The department shall, by rule, establish requirements designed to inhibit fraud for
165 an approved food handler training program described in this section.
166 (c) The requirements described in Subsection (12)(b) may include requirements to
167 ensure that:
168 (i) an individual does not attempt to complete the program or exam in another
169 individual's place;

170 (ii) an individual taking the approved food handler training program is focused on
171 training material and actively engaged throughout the training period;
172 (iii) if the individual is unable to participate online because of technical difficulties, an
173 approved food handler training program provides technical support, such as requiring a
174 telephone number, email, or other method of communication to allow an individual taking the
175 online course or test to receive assistance;
176 (iv) an approved food handler training program provider maintains a system to reduce
177 fraud as to who completes an approved food handler training program, such as requiring a
178 distinct online certificate with information printed on the certificate that identifies a person
179 taking an online course or exam, or requiring measures to inhibit duplication of a certificate of
180 completion or of a food handler permit;
181 (v) the department may audit an approved food handler training program;
182 (vi) an individual taking an online course or certification exam has the opportunity to
183 provide an evaluation of the online course or test;
184 (vii) an approved food handler training program provider track the Internet protocol
185 address or similar electronic location of an individual who takes an online course or
186 certification exam;
187 (viii) an individual who takes an online course or exam uses an electronic signature; or
188 (ix) if the approved food handler training program provider learns that a certificate of
189 completion does not accurately reflect the identity of the individual who took the online course
190 or certification exam, an approved food handler training program provider invalidates the
191 certificate of completion.
192 Section 2. Effective date.
193 This bill takes effect on July 1, 2013.

[Bill Documents]