H.B. 362

1

FOOD HANDLER TRAINING AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the general sanitation chapter in the 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 holds a valid food handler training certificate;
16 . provides for a food handler training certificate including content of the training,
17 fees, certificate, and validation period;
18 . allows the Department of Health to establish procedures to allow certain entities to
19 provide the food handler training certificate course;
20 . provides for exceptions from the food handler training certificate requirements; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill takes effect on July 1, 2012.
26 Utah Code Sections Affected:
27 AMENDS:

28 26-15-5, as enacted by Laws of Utah 1981, Chapter 126
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-15-5 is amended to read:
32 26-15-5. Requirements for food handlers.
33 (1) As used in this section:
34 (a) "Approved training provider" means an entity:
35 (i) accredited by the American National Standards Institute under ANSI ASTM
36 International E2659-09 Standard Practice for Certificate Programs; and
37 (ii) approved by the department under Subsection (7) to provide a food handler training
38 certificate course.
39 (b) "Food handler" means a person who prepares, stores, or serves food for a food
40 service establishment.
41 (c) "Food service establishment" has the same meaning as provided in Section
42 26-15a-102 .
43 (2) Except as provided under Subsection (9), a person may not serve as a food handler
44 for a food service establishment unless the person holds a valid food handler training certificate
45 as provided under this section.
46 (3) A person may obtain a food handler training certificate by successfully completing
47 a food handler training certificate course from an approved training provider.
48 (4) (a) A person serving as a food handler for a food service establishment shall obtain
49 a food handler training certificate:
50 (i) within 30 days of initial employment with a food service establishment;
51 (ii) immediately upon expiration of the person's food handler training certificate; and
52 (iii) every three years thereafter.
53 (b) A person who holds a valid food handler training certificate under this section may
54 serve as a food handler throughout the state without restriction.
55 (c) A food handler training certificate is valid for three years from the date of issuance.
56 [The] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
57 Act, the department shall make rules to establish minimum requirements for a food handler
58 [certification and] training certificate and for an approved training provider necessary to

59 promote general sanitation and protect the public health.
60 (6) The food handler training certificate course required under Subsection (3), shall:
61 (a) be designed to be completed within approximately two and a half hours;
62 (b) provide basic instruction on the Center for Disease Control and Prevention's Top
63 Five Foodborne Illness Risk Factors, including:
64 (i) improper hot/cold holding temperatures of potentially hazardous food;
65 (ii) improper cooking temperatures of food;
66 (iii) dirty or contaminated utensils and equipment;
67 (iv) poor employee health and hygiene; and
68 (v) food from unsafe sources;
69 (c) be offered through:
70 (i) a trainer-led class;
71 (ii) online through the Internet; or
72 (iii) through a combination of Subsections (6)(c)(i) and (ii); and
73 (d) include a certificate indicating successful completion of the course.
74 (7) The department shall establish procedures to allow qualified entities to be an
75 approved training provider.
76 (8) The entity that provides the food handler training certificate may charge a fee.
77 (9) The requirements of this section do not apply to a person providing food handler
78 services for an event, establishment, provider, or venue exempted from food service
79 establishment requirements under Section 26-15a-105 .
80 Section 2. Effective date.
81 This bill takes effect on July 1, 2012.




Legislative Review Note
as of 2-14-12 11:27 AM

Office of Legislative Research and General Counsel