S.B. 166

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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 TO IMPLEMENT THE CERTIFICATION PROGRAM AND THE LOCAL
10 DEPARTMENT OF HEALTH TO ENFORCE IT.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 26A-1-114, as last amended by Chapter 218, Laws of Utah 1995
14 ENACTS:
15 26-15a-101, Utah Code Annotated 1953
16 26-15a-102, Utah Code Annotated 1953
17 26-15a-103, Utah Code Annotated 1953
18 26-15a-104, Utah Code Annotated 1953
19 26-15a-105, Utah Code Annotated 1953
20 26-15a-106, Utah Code Annotated 1953
21 26-15a-107, Utah Code Annotated 1953
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 26-15a-101 is enacted to read:
24 CHAPTER 15a. FOOD SAFETY MANAGER CERTIFICATION
25 26-15a-101. Title.
26 This chapter shall be known as the "Food Safety Manager Certification Act."
27 Section 2. Section 26-15a-102 is enacted to read:

1 26-15a-102. Definitions.
2 (1) "Certified food safety manager" means a manager of a food service establishment
3 certified by a local health department under statewide, uniform standards determined by the
4 department by rule.
5 (2) "Food service establishment" means any place or area within a business or organization
6 where food is prepared and intended for individual portion service and consumption by the general
7 public, whether the consumption is on or off the premises, and whether or not a fee is charged for
8 the food.
9 (3) "Local health department" means a local health department as defined in Subsection
10 26A-1-102(5).
11 Section 3. Section 26-15a-103 is enacted to read:
12 26-15a-103. Duties.
13 In connection with this chapter:
14 (1) the department shall:
15 (a) establish, by rule:
16 (i) statewide, uniform standards for certified food safety managers;
17 (ii) criteria for food safety training courses and certification examinations; and
18 (iii) other provisions necessary to implement this chapter; and
19 (b) approve food safety training courses and certification examination; and
20 (2) the local health department shall:
21 (a) issue food safety manager's certificates to qualified applicants; and
22 (b) enforce the provisions of this chapter.
23 Section 4. Section 26-15a-104 is enacted to read:
24 26-15a-104. Food service establishment requirements -- Enforcement -- Right of
25 appeal.
26 (1) (a) Except as provided in Subsection (1)(b), each food service establishment in the state
27 shall, on or before July 1, 1999, be managed by at least one full-time certified food safety manager
28 at each establishment site, who need not be present at the establishment site during all its hours
29 of operation.
30 (b) Food service establishments, under the same ownership, that prepare and serve a total
31 of five or fewer food products shall employ at least one certified food manager for every ten

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1 establishment sites under common ownership.
2 (2) Within 60 days of the termination of a certified food safety manager's employment that
3 results in the food service establishment no longer being in compliance with Subsection (1), the
4 food service establishment shall:
5 (a) employ a new certified food safety manager; or
6 (b) designate another employee to become the establishment's certified food safety
7 manager who shall commence in a department-approved food safety manager training program.
8 (3) Compliance with the 60-day time period provided in Subsection (2) may be extended
9 by the local health department for reasonable cause, as determined by the department by rule.
10 (4) (a) The local health department may determine whether a food service establishment
11 is in compliance with this section by visiting the establishment during regular business hours and
12 requesting information and documentation about the establishment's operation and employment
13 of a certified food safety manager.
14 (b) If a violation of this section is identified, the local health department shall propose
15 remedial action to bring the food service establishment into compliance.
16 (c) A food service establishment receiving notice of a violation and proposed remedial
17 action from a local health department may appeal the notice of violation and proposed remedial
18 action pursuant to procedures established by the local health department, which shall be essentially
19 consistent with the provisions of Title 63, Chapter 46b, Administrative Procedures Act.
20 Notwithstanding the provisions of Section 63-46b-15, an appeal of a local health department
21 decision to a district court shall be conducted as an original, independent proceeding, and not as
22 a review of the proceedings conducted by the local health department. The district court shall give
23 no deference to the findings or conclusions of the local health department.
24 Section 5. Section 26-15a-105 is enacted to read:
25 26-15a-105. Exemptions to food service establishment requirements.
26 (1) The following food service establishments are not subject to the provisions of Section
27 26-15a-104:
28 (a) special events sponsored by municipal or nonprofit civic organizations, including food
29 booths at school sporting events and little league athletic events and church functions;
30 (b) temporary event food services approved by a local health department;
31 (c) vendors and other food service establishments that serve only commercially

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1 prepackaged foods and beverages as defined by the department by rule;
2 (d) private homes not used as a commercial food service establishment;
3 (e) food service establishments operated by or for a governmental entity;
4 (f) health care facilities licensed under Chapter 21, Health Care Facility Licensing and
5 Inspection Act; and
6 (g) bed and breakfast establishments at which the only meal served is a continental
7 breakfast as defined by the department by rule.
8 (2) Nothing in this section may be construed as exempting a food services establishment
9 described in Subsection (1) from any other applicable food safety laws of this state.
10 Section 6. Section 26-15a-106 is enacted to read:
11 26-15a-106. Food safety manager certification.
12 (1) To receive a certificate as a food safety manager, an applicant shall:
13 (a) submit an application to the appropriate local health department on a form approved
14 by the department;
15 (b) pay a reasonable administrative processing fee, not to exceed $15;
16 (c) successfully complete a department-approved certified food safety manager's training
17 course; and
18 (d) pass a department-approved examination.
19 (2) A food safety manager's certificate:
20 (a) shall be valid for three years from the date of issuance; and
21 (b) may be renewed in accordance with procedures adopted by department rule.
22 (3) (a) Certification or renewal may be denied, suspended, or revoked by the local health
23 department for any of the following reasons:
24 (i) failure to remit the proper initial application or renewal fee;
25 (ii) submission of false information in the initial or renewal application;
26 (iii) repeated violations of department and local health department food safety rules; or
27 (iv) operate a food service establishment in a way that causes or creates a health hazard
28 or otherwise threatens the public health, safety, or welfare.
29 (b) In lieu of revoking a certification, the local health department may require the certified
30 food safety manager to complete additional food safety training courses.
31 (4) No person may use the title "certified food safety manager," or any other similar title,

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1 unless the person holds a current, valid certification issued by the local health department under
2 this chapter.
3 Section 7. Section 26-15a-107 is enacted to read:
4 26-15a-107. Duties.
5 Certified food safety managers shall:
6 (1) establish and monitor compliance with practices and procedures in the food service
7 establishments where they are employed that will maintain compliance with department and local
8 health department food safety rules; and
9 (2) perform such other duties that may be necessary to ensure food safety in the food
10 service establishments where they are employed.
11 Section 8. Section 26A-1-114 is amended to read:
12 26A-1-114. Powers and duties of departments.
13 (1) A local health department may:
14 (a) enforce state laws, local ordinances, department rules, and local health department
15 standards and regulations relating to public health and sanitation, including the plumbing code
16 adopted by the Division of Occupational and Professional Licensing under Title 26, Chapter 15a,
17 Food Safety Manager Certification Act, and Section 58-56-4;
18 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
19 over property and over individuals as the local health department finds necessary for the protection
20 of the public health;
21 (c) establish and maintain medical, environmental, occupational, and other laboratory
22 services considered necessary or proper for the protection of the public health;
23 (d) establish and operate reasonable health programs or measures not in conflict with state
24 law that:
25 (i) are necessary or desirable for the promotion or protection of the public health and the
26 control of disease; or
27 (ii) may be necessary to ameliorate the major risk factors associated with the major causes
28 of injury, sickness, death, and disability in the state;
29 (e) close theaters, schools, and other public places and prohibit gatherings of people when
30 necessary to protect the public health;
31 (f) abate nuisances or eliminate sources of filth and infectious and communicable diseases

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1 affecting the public health and bill the owner or other person in charge of the premises upon which
2 this nuisance occurs for the cost of abatement;
3 (g) make necessary sanitary and health investigations and inspections on its own initiative
4 or in cooperation with the Department of Health or Environmental Quality, or both, as to any
5 matters affecting the public health;
6 (h) (i) establish and collect appropriate fees;
7 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
8 property, services, or materials for public health purposes; and
9 (iii) make agreements not in conflict with state law that are conditional to receiving a
10 donation or grant;
11 (i) prepare, publish, and disseminate information necessary to inform and advise the public
12 concerning:
13 (i) the health and wellness of the population, specific hazards, and risk factors that may
14 adversely affect the health and wellness of the population; and
15 (ii) specific activities individuals and institutions can engage in to promote and protect the
16 health and wellness of the population;
17 (j) investigate the causes of morbidity and mortality;
18 (k) issue notices and orders necessary to carry out this part;
19 (l) conduct studies to identify injury problems, establish injury control systems, develop
20 standards for the correction and prevention of future occurrences, and provide public information
21 and instruction to special high risk groups;
22 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules within
23 the jurisdiction of the boards; and
24 (n) cooperate with the state health department, the Department of Corrections, the
25 Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
26 Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
27 victims of a sexual offense.
28 (2) The local health department shall:
29 (a) establish programs or measures to promote and protect the health and general wellness
30 of the people within the boundaries of the local health department;
31 (b) investigate infectious and other diseases of public health importance and implement

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1 measures to control the causes of epidemic and communicable diseases and other conditions
2 significantly affecting the public health which may include involuntary testing of convicted sexual
3 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims of
4 sexual offenses for HIV infection pursuant to Section 76-5-503;
5 (c) cooperate with the department in matters pertaining to the public health and in the
6 administration of state health laws; and
7 (d) coordinate implementation of environmental programs to maximize efficient use of
8 resources by developing with the Department of Environmental Quality a Comprehensive
9 Environmental Service Delivery Plan that:
10 (i) recognizes that the Department of Environmental Quality and local health departments
11 are the foundation for providing environmental health programs in the state;
12 (ii) delineates the responsibilities of the department and each local health department for
13 the efficient delivery of environmental programs using federal, state, and local authorities,
14 responsibilities, and resources;
15 (iii) provides for the delegation of authority and pass through of funding to local health
16 departments for environmental programs, to the extent allowed by applicable law, identified in the
17 plan, and requested by the local health department; and
18 (iv) is reviewed and updated annually.
19 (3) The local health department has the following duties regarding public and private
20 schools within its boundaries:
21 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
22 persons attending public and private schools;
23 (b) exclude from school attendance any person, including teachers, who is suffering from
24 any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
25 the disease to those in attendance;
26 (c) (i) make regular inspections of the health-related condition of all school buildings and
27 premises;
28 (ii) report the inspections on forms furnished by the department to those responsible for
29 the condition and provide instructions for correction of any conditions that impair or endanger the
30 health or life of those attending the schools; and
31 (iii) provide a copy of the report to the department at the time the report is made.

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1 (4) If those responsible for the health-related condition of the school buildings and
2 premises do not carry out any instructions for corrections provided in a report in Subsection (3)(c),
3 the local health board shall cause the conditions to be corrected at the expense of the persons
4 responsible.
5 (5) The local health department may exercise incidental authority as necessary to carry out
6 the provisions and purposes of this part.




Legislative Review Note
as of 2-9-98 5:15 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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