5/3/2023Amended by Chapter 327, 2023 General Session2023Cottage food operations. For purposes of this chapter: "Cottage food operation" means a person who produces a cottage food product in a home kitchen . "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen. "Home kitchen" means a kitchen: designed and intended for use by the residents of a home; and used by a resident of the home for the production of a cottage food product. "Potentially hazardous food" means: a food of animal origin; raw seed sprouts; or a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule. The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food supply. Rules adopted pursuant to Subsection (2) may not require: the use of a commercial surface such as a stainless steel counter or cabinet; the use of a commercial grade: sink; dishwasher; or oven; a separate kitchen for the cottage food operation; or the submission of plans and specifications before construction of, or remodel of, a cottage food production operation. The operator of a cottage food operation shall: register with the department as a cottage food operation before operating as a cottage food operation; hold a valid food handler's permit; and package a cottage food product with a label, as specified by the department in rule. Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the department shall issue a registration to an applicant for a cottage food operation if the applicant for the registration: pays the fees required by the department; and meets the requirements of this section. Notwithstanding the provisions of Section 26A-1-114, a local health department: does not have jurisdiction to regulate the production of food at a cottage food operation operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and does have jurisdiction to investigate a cottage food operation in an investigation into the cause of a foodborne illness outbreak. A food service establishment as defined in Section 26B-7-401 may not use a product produced in a cottage food operation as an ingredient in a food that is prepared by the food establishment and offered by the food establishment to the public for consumption.