Second Substitute S.B. 166

Senator Leonard M. Blackham proposes to substitute the following bill:

1 FOOD HANDLER LICENSING
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 AN ACT RELATING TO HEALTH; DEFINING TERMS; REQUIRING FOOD SERVICE
6 ESTABLISHMENTS HAVE ON STAFF A CERTIFIED FOOD SAFETY MANAGER;
7 ESTABLISHING THE REQUIREMENTS FOR AND DUTIES OF A CERTIFIED FOOD
8 SAFETY MANAGER; AND ESTABLISHING THE DUTIES OF THE DEPARTMENT OF
9 HEALTH AND THE LOCAL DEPARTMENT OF HEALTH.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 26A-1-114, as last amended by Chapter 218, Laws of Utah 1995
13 ENACTS:
14 26-15a-101, Utah Code Annotated 1953
15 26-15a-102, Utah Code Annotated 1953
16 26-15a-103, Utah Code Annotated 1953
17 26-15a-104, Utah Code Annotated 1953
18 26-15a-105, Utah Code Annotated 1953
19 26-15a-106, Utah Code Annotated 1953
20 26-15a-107, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 26-15a-101 is enacted to read:
23 CHAPTER 15a. FOOD SAFETY MANAGER CERTIFICATION
24 26-15a-101. Title.
25 This chapter shall be known as the "Food Safety Manager Certification Act."

1 Section 2. Section 26-15a-102 is enacted to read:
2 26-15a-102. Definitions.
2a h (1) "BACK COUNTRY FOOD SERVICE ESTABLISHMENT" MEANS A FEDERAL OR STATE
2b LICENSED BACK COUNTRY GUIDING OR OUTFITTING BUSINESS THAT:
2c (a) PROVIDES FOOD SERVICES; AND
2d (b) MEETS DEPARTMENT RECOGNIZED FEDERAL OR STATE FOOD SERVICE SAFETY
2e REGULATIONS FOR FOOD HANDLERS. h
3 h [ (1) ] (2) h "Certified food safety manager" means a manager of a food service establishment
3a who:
4 h [ (a) successfully completes a department-approved certified food safety manager's training
5 course; ] h
6 h [ (b) ] (a) h passes h SUCCESSFULLY h a department-approved examination;
7 h [ (c) ] (b) h successfully completes, every three years, renewal requirements established by
8 department rule h CONSISTENT WITH ORIGINAL CERTIFICATION REQUIREMENTS h ; and
9 h [ (d) ] (c) h submits to the appropriate local health department the documentation required by
10 Section 26-15a-106 .
11 h [ (2) ] (3) h "Food service establishment" means any place or area within a business or
11a organization
12 where potentially hazardous foods are prepared and intended for individual portion service and
13 consumption by the general public, whether the consumption is on or off the premises, and
14 whether or not a fee is charged for the food.
15 h [ (3) ] (4) h "Local health department" means a local health department as defined in Subsection
16 26A-1-102 (5).
17 h [ (4) ] (5) h "Potentially hazardous foods" h :
17a (a) h means any food h [ or food ingredient, ] THAT IS h natural or synthetic h [ ,
18 in a form capable of supporting:
19 (a) the rapid and progressive growth of infectious or toxigenic microorganisms; or
20 (b) the slower growth of clostridium botulinum. ] AND THAT REQUIRES TEMPERATURE
20a CONTROL BECAUSE IT IS IN A FORM CAPABLE OF SUPPORTING:
20b (i) THE RAPID AND PROGRESSIVE GROWTH OF INFECTIOUS OR TOXIGENIC
20c MICROORGANISMS; h

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20d h (ii) THE GROWTH AND TOXIN PRODUCTION OF CLOSTRIDIUM BOTULINUM; OR
20e (iii) IN RAW SHELL EGGS, THE GROWTH OF SALMONELLA ENTERITIDIS;
20f (b) INCLUDES:
20g (i) A FOOD OF ANIMAL ORIGIN THAT IS RAW OR HEAT-TREATED;
20h (ii) A FOOD OF PLANT ORIGIN THAT IS HEAT-TREATED OR CONSISTS OF RAW SEED
20i SPROUTS;
20j (iii) CUT MELONS; AND
20k (iv) GARLIC AND OIL MIXTURES THAT ARE NOT ACIDIFIED OR OTHERWISE MODIFIED AT A
20l FOOD PROCESSING PLANT IN A WAY THAT RESULTS IN MIXTURES THAT DO NOT SUPPORT
20m GROWTH SPECIFIED IN SUBSECTION (5)(a); AND
20n (c) DOES NOT INCLUDE:
20o (i) AN AIR-COOLED HARD-BOILED EGG WITH SHELL INTACT;
20p (ii) A FOOD WITH AN AW VALUE OF 0.85 OR LESS;
20q (iii) A FOOD WITH A PH LEVEL OF 4.6 OR BELOW WHEN MEASURED AT 24°C OR 75°F;
20r (iv) A FOOD IN AN UNOPENED HERMETICALLY SEALED CONTAINER THAT IS COMMERCIALLY
20s PROCESSED TO ACHIEVE AND MAINTAIN COMMERCIAL STERILITY UNDER CONDITIONS OF
20t NONREFRIGERATED STORAGE AND DISTRIBUTION;
20u (v) A FOOD FOR WHICH LABORATORY EVIDENCE DEMONSTRATES THAT THE RAPID AND
20v PROGRESSIVE GROWTH OF INFECTIOUS OR TOXIGENIC MICROORGANISMS OR THE GROWTH OF S.
20w ENTERITIDIS IN EGGS OR C. BOTULINUM CANNOT OCCUR, SUCH AS A FOOD THAT HAS AN AW AND A
20x PH THAT ARE ABOVE THE LEVELS SPECIFIED IN SUBSECTION (5)(c)(ii) AND (iii), AND THAT MAY
20y CONTAIN A PRESERVATIVE, OTHER BARRIER TO THE GROWTH OF MICROORGANISMS, OR A
20z COMBINATION OF BARRIERS THAT INHIBIT THE GROWTH OF MICROORGANISMS; OR
20aa (vi) A FOOD THAT DOES NOT SUPPORT THE GROWTH OF MICROORGANISMS AS SPECIFIED
20ab IN SUBSECTION (5)(a), EVEN THOUGH THE FOOD MAY CONTAIN AN INFECTIOUS OR TOXIGENIC
20ac MICROORGANISM OR CHEMICAL OR PHYSICAL CONTAMINANT AT A LEVEL SUFFICIENT TO CAUSE
20ad ILLNESS. h
21 Section 3. Section 26-15a-103 is enacted to read:
22 26-15a-103. Duties.

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23 In connection with this chapter:
24 (1) the department shall:
25 (a) establish, by rule:
26 (i) statewide, uniform standards for certified food safety managers;
27 (ii) criteria for food safety h [ training courses and ] h certification examinations; and
28 (iii) other provisions necessary to implement this chapter; and
29 (b) approve food safety h [ training courses and ] h certification h [ examination ]
29a EXAMINATIONS h ; and
30 (2) the local health department shall enforce the provisions of this chapter.
31 Section 4. Section 26-15a-104 is enacted to read:


















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1 26-15a-104. Food service establishment requirements -- Enforcement -- Right of
2 appeal.
3 (1) (a) Except as provided in Subsection (1)(b), each food service establishment in the state
4 shall, on or before July 1, 1999, be managed by at least one full-time certified food safety manager
5 at each establishment site, who need not be present at the establishment site during all its hours
6 of operation.
7 (b) Food service establishments, under the same ownership, that prepare and serve a total
8 of five or fewer potentially hazardous foods shall employ at least one certified food manager for
9 every ten establishment sites under common ownership.
10 (2) Within 60 days of the termination of a certified food safety manager's employment that
11 results in the food service establishment no longer being in compliance with Subsection (1), the
12 food service establishment shall:
13 (a) employ a new certified food safety manager; or
14 (b) designate another employee to become the establishment's certified food safety
15 manager who shall commence in a department-approved food safety manager training course.
16 (3) Compliance with the 60-day time period provided in Subsection (2) may be extended
17 by the local health department for reasonable cause, as determined by the department by rule.
18 (4) (a) The local health department may determine whether a food service establishment
19 is in compliance with this section by visiting the establishment during regular business hours and
20 requesting information and documentation about the employment of a certified food safety
21 manager.
22 (b) If a violation of this section is identified, the local health department shall propose
23 remedial action to bring the food service establishment into compliance.
24 (c) A food service establishment receiving notice of a violation and proposed remedial
25 action from a local health department may appeal the notice of violation and proposed remedial
26 action pursuant to procedures established by the local health department, which shall be essentially
27 consistent with the provisions of Title 63, Chapter 46b, Administrative Procedures Act.
28 Notwithstanding the provisions of Section 63-46b-15 , an appeal of a local health department
29 decision to a district court shall be conducted as an original, independent proceeding, and not as
30 a review of the proceedings conducted by the local health department. The district court shall give
31 no deference to the findings or conclusions of the local health department.

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1 Section 5. Section 26-15a-105 is enacted to read:
2 26-15a-105. Exemptions to food service establishment requirements.
3 (1) The following h [ food service establishments ] h are not subject to the provisions of Section
4 26-15a-104 :
5 (a) special events sponsored by municipal or nonprofit civic organizations, including food
6 booths at school sporting events and little league athletic events and church functions;
7 (b) temporary event food services approved by a local health department;
8 (c) vendors and other food service establishments that serve only commercially
9 prepackaged foods and beverages as defined by the department by rule;
10 (d) private homes not used as a commercial food service establishment;
11 h [ (e) food service establishments operated by or for a governmental entity; ] h
12 h [ (f) ] (e) h health care facilities licensed under Chapter 21, Health Care Facility Licensing and
13 Inspection Act; h [ and ] h
14 h [ (g) ] (f) h bed and breakfast establishments at which the only meal served is a continental
15 breakfast as defined by the department by rule h
15a (h) RESIDENTIAL CHILD CARE PROVIDERS;
15b (i) CHILD CARE PROVIDERS AND PROGRAMS LICENSED UNDER CHAPTER 39, UTAH CHILD CARE
15c LICENSING ACT; AND
15d (j) BACK COUNTRY FOOD SERVICE ESTABLISHMENTS h .
16 (2) Nothing in this section may be construed as exempting a food services establishment
17 described in Subsection (1) from any other applicable food safety laws of this state.
18 Section 6. Section 26-15a-106 is enacted to read:
19 26-15a-106. Certified food safety manager.
20 (1) Before a person may manage a food service establishment as a certified food safety
21 manager, that person shall submit documentation to the appropriate local health department
22 indicating h [ :
23 (a) successful completion of a department-approved certified food safety manager's
24 training course; and
25 (b) ] h a passing score on a department-approved examination.
26 (2) To continue to manage a food service establishment, a certified food safety manager
27 shall:
28 (a) successfully complete, every three years, renewal requirements established by
29 department rule h WHICH ARE CONSISTENT WITH ORIGINAL CERTIFICATION REQUIREMENTS h ; and
30 (b) submit documentation within 30 days of the completion of renewal requirements to
31 the appropriate local health department.

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1 (3) A local health department may deny, revoke, or suspend the authority of a certified
2 food safety manager to manage a food service establishment or require the completion of
3 additional food safety training courses for any one of the following reasons:
4 (a) submitting information required under Subsection (1) or (2) that is false, incomplete,
5 or misleading;
6 (b) repeated violations of department or local health department food safety rules; or
7 (c) operating a food service establishment in a way that causes or creates a health hazard
8 or otherwise threatens the public health, safety, or welfare.
9 (4) A determination of a local health department made pursuant to Subsection (3) may be
10 appealed by a certified food safety manager in the same manner provided for in Subsection
11 26-15a-104 (4).
12 (5) No person may use the title "certified food safety manager," or any other similar title,
13 unless the person has satisfied the requirements of this chapter.
14 Section 7. Section 26-15a-107 is enacted to read:
15 26-15a-107. Duties.
16 Certified food safety managers shall:
17 (1) establish and monitor compliance with practices and procedures in the food service
18 establishments where they are employed to maintain compliance with department and local health
19 department food safety rules; and
20 (2) perform such other duties that may be necessary to ensure food safety in the food
21 service establishments where they are employed.
22 Section 8. Section 26A-1-114 is amended to read:
23 26A-1-114. Powers and duties of departments.
24 (1) A local health department may:
25 (a) enforce state laws, local ordinances, department rules, and local health department
26 standards and regulations relating to public health and sanitation, including the plumbing code
27 adopted by the Division of Occupational and Professional Licensing under Title 26, Chapter 15a,
28 Food Safety Manager Certification Act, and Section 58-56-4 ;
29 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
30 over property and over individuals as the local health department finds necessary for the protection
31 of the public health;

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1 (c) establish and maintain medical, environmental, occupational, and other laboratory
2 services considered necessary or proper for the protection of the public health;
3 (d) establish and operate reasonable health programs or measures not in conflict with state
4 law that:
5 (i) are necessary or desirable for the promotion or protection of the public health and the
6 control of disease; or
7 (ii) may be necessary to ameliorate the major risk factors associated with the major causes
8 of injury, sickness, death, and disability in the state;
9 (e) close theaters, schools, and other public places and prohibit gatherings of people when
10 necessary to protect the public health;
11 (f) abate nuisances or eliminate sources of filth and infectious and communicable diseases
12 affecting the public health and bill the owner or other person in charge of the premises upon which
13 this nuisance occurs for the cost of abatement;
14 (g) make necessary sanitary and health investigations and inspections on its own initiative
15 or in cooperation with the Department of Health or Environmental Quality, or both, as to any
16 matters affecting the public health;
17 (h) (i) establish and collect appropriate fees;
18 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
19 property, services, or materials for public health purposes; and
20 (iii) make agreements not in conflict with state law that are conditional to receiving a
21 donation or grant;
22 (i) prepare, publish, and disseminate information necessary to inform and advise the public
23 concerning:
24 (i) the health and wellness of the population, specific hazards, and risk factors that may
25 adversely affect the health and wellness of the population; and
26 (ii) specific activities individuals and institutions can engage in to promote and protect the
27 health and wellness of the population;
28 (j) investigate the causes of morbidity and mortality;
29 (k) issue notices and orders necessary to carry out this part;
30 (l) conduct studies to identify injury problems, establish injury control systems, develop
31 standards for the correction and prevention of future occurrences, and provide public information

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1 and instruction to special high risk groups;
2 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules within
3 the jurisdiction of the boards; and
4 (n) cooperate with the state health department, the Department of Corrections, the
5 Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
6 Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
7 victims of a sexual offense.
8 (2) The local health department shall:
9 (a) establish programs or measures to promote and protect the health and general wellness
10 of the people within the boundaries of the local health department;
11 (b) investigate infectious and other diseases of public health importance and implement
12 measures to control the causes of epidemic and communicable diseases and other conditions
13 significantly affecting the public health which may include involuntary testing of convicted sexual
14 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims of
15 sexual offenses for HIV infection pursuant to Section 76-5-503 ;
16 (c) cooperate with the department in matters pertaining to the public health and in the
17 administration of state health laws; and
18 (d) coordinate implementation of environmental programs to maximize efficient use of
19 resources by developing with the Department of Environmental Quality a Comprehensive
20 Environmental Service Delivery Plan that:
21 (i) recognizes that the Department of Environmental Quality and local health departments
22 are the foundation for providing environmental health programs in the state;
23 (ii) delineates the responsibilities of the department and each local health department for
24 the efficient delivery of environmental programs using federal, state, and local authorities,
25 responsibilities, and resources;
26 (iii) provides for the delegation of authority and pass through of funding to local health
27 departments for environmental programs, to the extent allowed by applicable law, identified in the
28 plan, and requested by the local health department; and
29 (iv) is reviewed and updated annually.
30 (3) The local health department has the following duties regarding public and private
31 schools within its boundaries:

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1 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
2 persons attending public and private schools;
3 (b) exclude from school attendance any person, including teachers, who is suffering from
4 any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
5 the disease to those in attendance;
6 (c) (i) make regular inspections of the health-related condition of all school buildings and
7 premises;
8 (ii) report the inspections on forms furnished by the department to those responsible for
9 the condition and provide instructions for correction of any conditions that impair or endanger the
10 health or life of those attending the schools; and
11 (iii) provide a copy of the report to the department at the time the report is made.
12 (4) If those responsible for the health-related condition of the school buildings and
13 premises do not carry out any instructions for corrections provided in a report in Subsection (3)(c),
14 the local health board shall cause the conditions to be corrected at the expense of the persons
15 responsible.
16 (5) The local health department may exercise incidental authority as necessary to carry out
17 the provisions and purposes of this part.

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