S.B. 150 Enrolled

FOOD SAFETY MANAGER CERTIFICATION
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Darin G. Peterson
House Sponsor: James R. Gowans

LONG TITLE
General Description:
This bill amends the Health Code related to food service establishment requirements for
hazardous foods.
Highlighted Provisions:
This bill:
. amends the definition of a potentially hazardous food;
. amends the requirement for the management by a full-time food safety manager;
and
. amends exemptions to food service establishments.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2005.
Utah Code Sections Affected:
AMENDS:
26-15a-102, as enacted by Chapter 345, Laws of Utah 1998
26-15a-104, as enacted by Chapter 345, Laws of Utah 1998
26-15a-105, as enacted by Chapter 345, Laws of Utah 1998

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-15a-102 is amended to read:
26-15a-102. Definitions.

(1) "Back country food service establishment" means a federal or state licensed back
country guiding or outfitting business that:
(a) provides food services; and
(b) meets department recognized federal or state food service safety regulations for food
handlers.
(2) "Certified food safety manager" means a manager of a food service establishment
who:
(a) passes successfully a department-approved examination;
(b) successfully completes, every three years, renewal requirements established by
department rule consistent with original certification requirements; and
(c) submits to the appropriate local health department the documentation required by
Section 26-15a-106 .
(3) "Food service establishment" means any place or area within a business or
organization where potentially hazardous foods are prepared and intended for individual portion
service and consumption by the general public, whether the consumption is on or off the
premises, and whether or not a fee is charged for the food.
(4) "Local health department" means a local health department as defined in Subsection
26A-1-102 (5).
(5) "Potentially hazardous foods"[:] shall be defined by the department by administrative
rule adopted in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
[(a) means any food that is natural or synthetic and that requires temperature control
because it is in a form capable of supporting:]
[(i) the rapid and progressive growth of infectious or toxigenic microorganisms;]
[(ii) the growth and toxin production of Clostridium Botulinum; or]
[(iii) in raw shell eggs, the growth of Salmonella Enteritidis;]
[(b) includes:]
[(i) a food of animal origin that is raw or heat-treated];
[(ii) a food of plant origin that is heat-treated or consists of raw seed sprouts;]

[(iii) cut melons; and]
[(iv) garlic and oil mixtures that are not acidified or otherwise modified at a food
processing plant in a way that results in mixtures that do not support growth specified in
Subsection (5)(a); and]
[(c) does not include:]
[(i) an air-cooled hard-boiled egg with shell intact;]
[(ii) a food with an Aw value of 0.85 or less;]
[(iii) a food with a pH level of 4.6 or below when measured at 24 degrees Celsius or 75
degrees Fahrenheit;]
[(iv) a food in an unopened hermetically sealed container that is commercially processed
to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and
distribution;]
[(v) a food for which laboratory evidence demonstrates that the rapid and progressive
growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C.
Botulinum cannot occur, such as a food that has an Aw and a pH that are above the levels
specified in Subsections (5)(c)(ii) and (iii), and that may contain a preservative, other barrier to
the growth of microorganisms, or a combination of barriers that inhibit the growth of
microorganisms; or]
[(vi) a food that does not support the growth of microorganisms as specified in
Subsection (5)(a), even though the food may contain an infectious or toxigenic microorganism or
chemical or physical contaminant at a level sufficient to cause illness.]
Section 2. Section 26-15a-104 is amended to read:
26-15a-104. Food service establishment requirements -- Enforcement -- Right of
appeal.
(1) [(a) Except as provided in Subsection (1)(b), each] Each food service establishment
in the state shall[, on or before July 1, 1999,] be managed by at least one full-time certified food
safety manager at each establishment site, who need not be present at the establishment site
during all its hours of operation.

[(b) Food service establishments, under the same ownership, that prepare and serve a
total of five or fewer potentially hazardous foods shall employ at least one certified food safety
manager for every ten establishment sites under common ownership.]
(2) Within 60 days of the termination of a certified food safety manager's employment
that results in the food service establishment no longer being in compliance with Subsection (1),
the food service establishment shall:
(a) employ a new certified food safety manager; or
(b) designate another employee to become the establishment's certified food safety
manager who shall commence a department-approved food safety manager training course.
(3) Compliance with the 60-day time period provided in Subsection (2) may be extended
by the local health department for reasonable cause, as determined by the department by rule.
(4) (a) The local health department may determine whether a food service establishment
is in compliance with this section by visiting the establishment during regular business hours and
requesting information and documentation about the employment of a certified food safety
manager.
(b) If a violation of this section is identified, the local health department shall propose
remedial action to bring the food service establishment into compliance.
(c) A food service establishment receiving notice of a violation and proposed remedial
action from a local health department may appeal the notice of violation and proposed remedial
action pursuant to procedures established by the local health department, which shall be
essentially consistent with the provisions of Title 63, Chapter 46b, Administrative Procedures
Act. Notwithstanding the provisions of Section 63-46b-15 , an appeal of a local health
department decision to a district court shall be conducted as an original, independent proceeding,
and not as a review of the proceedings conducted by the local health department. The district
court shall give no deference to the findings or conclusions of the local health department.
Section 3. Section 26-15a-105 is amended to read:
26-15a-105. Exemptions to food service establishment requirements.
(1) The following are not subject to the provisions of Section 26-15a-104 :

(a) special events sponsored by municipal or nonprofit civic organizations, including
food booths at school sporting events and little league athletic events and church functions;
(b) temporary event food services approved by a local health department;
(c) vendors and other food service establishments that serve only commercially
prepackaged foods and beverages as defined by the department by rule;
(d) private homes not used as a commercial food service establishment;
(e) health care facilities licensed under Chapter 21, Health Care Facility Licensing and
Inspection Act;
(f) bed and breakfast establishments at which the only meal served is a continental
breakfast as defined by the department by rule;
(g) residential child care providers;
(h) child care providers and programs licensed under Chapter 39, Utah Child Care
Licensing Act; [and]
(i) back country food service establishments[.]; and
(j) a lowest risk or permitted food establishment category determined by a risk
assessment evaluation established by the department by administrative rule adopted in
accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) Nothing in this section may be construed as exempting a food service establishment
described in Subsection (1) from any other applicable food safety laws of this state.
Section 4. Effective date.
This bill takes effect on July 1, 2005.