1     
MICROENTERPRISE HOME KITCHEN AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates permitting guidelines for microenterprise home kitchens.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     grants administrative authority to the Department of Health to make rules regarding
14     the sanitation, equipment, and maintenance requirements for microenterprise home
15     kitchens; and
16          ▸     grants administrative authority to local health departments to:
17               •     create and issue microenterprise home kitchen permits;
18               •     charge fees for issuing permits and inspecting premises; and
19               •     inspect microenterprise home kitchens.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          26-15c-101, Utah Code Annotated 1953
27          26-15c-102, Utah Code Annotated 1953

28          26-15c-103, Utah Code Annotated 1953
29          26-15c-104, Utah Code Annotated 1953
30          26-15c-105, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-15c-101 is enacted to read:
34     
CHAPTER 15c. MICROENTERPRISE HOME KITCHEN ACT

35          26-15c-101. Title.
36          This chapter is known as the "Microenterprise Home Kitchen Act."
37          Section 2. Section 26-15c-102 is enacted to read:
38          26-15c-102. Definitions.
39          As used in this chapter:
40          (1) "Food" means:
41          (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
42     ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
43          (b) chewing gum.
44          (2) "Local health department" means the same as that term is defined in Section
45     26A-1-102.
46          (3) "Microenterprise home kitchen" means a non-commercial kitchen facility located in
47     a private home where food is handled, stored, prepared, or offered, for sale.
48          (4) "Microenterprise home kitchen permit" means a permit issued by a local health
49     department to the operator for the purpose of operating a microenterprise home kitchen.
50          (5) "Operator" means an individual who resides in the private home and who manages
51     or controls the microenterprise home kitchen.
52          (6) "Time or temperature control food" means food that requires time or temperature
53     controls for safety to limit pathogenic microorganism growth or toxin formation.
54          Section 3. Section 26-15c-103 is enacted to read:
55          26-15c-103. Permitting -- Fees.
56          (1) An operator may not operate a microenterprise home kitchen unless the operator
57     obtains a permit from the local health department that has jurisdiction over the area in which
58     the microenterprise home kitchen is located.

59          (2) In accordance with Section 26A-1-121, and subject to the restrictions of Section
60     26-15c-105, a local health department shall make standards and regulations relating to the
61     permitting of a microenterprise home kitchen.
62          (3) In accordance with Section 26A-1-114, a local health department shall impose a fee
63     for a microenterprise home kitchen permit in an amount that reimburses the local health
64     department for the cost of regulating the microenterprise home kitchen.
65          Section 4. Section 26-15c-104 is enacted to read:
66          26-15c-104. Safety and health inspections and permits.
67          (1) A local health department with jurisdiction over an area in which a microenterprise
68     home kitchen is located may grant a microenterprise home kitchen permit to the operator.
69          (2) Nothing in this section prevents a local health department from revoking a
70     microenterprise home kitchen permit issued by the local health department if the operation of
71     the microenterprise home kitchen violates the terms of the permit or Section 26-15c-105.
72          Section 5. Section 26-15c-105 is enacted to read:
73          26-15c-105. Permit requirements.
74          (1) An operator may qualify for a microenterprise home kitchen permit if:
75          (a) food that is served at the microenterprise home kitchen is processed in compliance
76     with state and federal regulations;
77          (b) a kitchen facility used to prepare food for the microenterprise home kitchen meets
78     the requirements established by the department;
79          (c) the microenterprise home kitchen operates only during the hours approved in the
80     microenterprise home kitchen permit; and
81          (d) the microenterprise home kitchen complies with the requirements of this section.
82          (2) The department shall, in accordance with Title 63G, Chapter 3, Utah
83     Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
84     requirements for microenterprise home kitchens.
85          (3) A local health department shall:
86          (a) ensure compliance with the rules described in Subsection (2) when inspecting a
87     microenterprise home kitchen;
88          (b) notwithstanding Section 26A-1-113, inspect a microenterprise home kitchen that
89     requests a microenterprise home kitchen permit only:

90          (i) for an initial inspection, no more than one week before the microenterprise home
91     kitchen is scheduled to begin operation;
92          (ii) for an unscheduled inspection, if the local health department conducts the
93     inspection:
94          (A) within three days before or after the day on which the microenterprise home
95     kitchen is scheduled to begin operation; or
96          (B) during operating hours of the microenterprise home kitchen; or
97          (iii) for subsequent inspections if:
98          (A) the local health department provides the operator with reasonable advanced notice
99     of the inspection; or
100          (B) the local health department has a valid reason to suspect that the microenterprise
101     home kitchen is the source of an adulterated food or of an outbreak of illness caused by a
102     contaminated food; and
103          (c) document the reason for any inspection after the initial inspection, keep a copy of
104     that documentation on file with the microenterprise home kitchen's permit, and provide a copy
105     of that documentation to the operator.
106          (4) A microenterprise home kitchen shall:
107          (a) take steps to avoid any potential contamination to:
108          (i) food;
109          (ii) equipment;
110          (iii) utensils; or
111          (iv) unwrapped single-service and single-use articles; and
112          (b) prevent an individual from entering the food preparation area while food is being
113     prepared if the individual is known to be suffering from:
114          (i) symptoms associated with acute gastrointestinal illness; or
115          (ii) a communicable disease that is transmissible through food.
116          (5) When making the rules described in Subsection (2), the department may not make
117     rules regarding:
118          (a) hand washing facilities, except to require that a hand washing station supplied with
119     warm water, soap, and disposable hand towels is conveniently located;
120          (b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that

121     the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
122     are sanitized between each use;
123          (c) the individuals allowed access to the food preparation areas, food storage areas, and
124     washing areas, except during food preparation;
125          (d) display guards, covers, or containers for display foods, except to require that any
126     food on display that is not protected from the direct line of a consumer's mouth by an effective
127     means is not served or sold to any subsequent consumer;
128          (e) outdoor display and sale of food, except to require that food is maintained at proper
129     holding temperatures;
130          (f) reuse by an individual of drinking cups and tableware for multiple portions;
131          (g) utensils and equipment, except to require that utensils and equipment used in the
132     home kitchen:
133          (i) retain their characteristic qualities under normal use conditions;
134          (ii) are properly sanitized after use; and
135          (iii) are maintained in a sanitary manner between uses;
136          (h) food contact surfaces, except to require that food contact surfaces are smooth,
137     easily cleanable, in good repair, and properly sanitized between tasks;
138          (i) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
139     residential settings, except to require that those surfaces are kept clean from the accumulation
140     of residue and debris;
141          (j) clean-in-place equipment, except to require that the equipment is cleaned and
142     sanitized between uses;
143          (k) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
144     smoke are able to escape the kitchen;
145          (l) fixed temperature measuring devices or product mimicking sensors for the holding
146     equipment for time or temperature control food, except to require non-fixed temperature
147     measuring devices for hot and cold holding of food during storage, serving, and cooling;
148          (m) fixed floor-mounted and table-mounted equipment, except to require that
149     floor-mounted and table-mounted equipment be in good repair and sanitized between uses;
150          (n) dedicated laundry facilities, except to require that linens used for the
151     microenterprise home kitchen are stored and laundered separately from household laundry and

152     that soiled laundry is stored to prevent contamination of food and equipment;
153          (o) water, plumbing, drainage, and waste, except to require that sinks be supplied with
154     hot water;
155          (p) the number of and path of access to toilet facilities, except to require that toilet
156     facilities are equipped with proper handwashing stations;
157          (q) lighting, except to require that food preparations are well lit by natural or artificial
158     light whenever food is being prepared;
159          (r) designated dressing areas and storage facilities, except to require that items not
160     ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
161     dressing takes place outside of the kitchen facility, and that food items are stored in a manner
162     that does not allow for contamination;
163          (s) the presence and handling of animals, except to require that all animals are kept
164     outside of food preparation and service areas during food service and food preparation;
165          (t) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
166     are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
167          (u) kitchen facilities open to living areas, except to require that food is only prepared,
168     handled, or stored in kitchen and food storage areas;
169          (v) submission of plans and specifications before construction or remodel of a kitchen
170     facility;
171          (w) the number and type of time or temperature controlled food offered for sale;
172          (x) approved food sources, except those required by 9 C.F.R. Sec. 303.1;
173          (y) the use of items produced under this chapter;
174          (z) the use of an open air barbeque, grill, or outdoor wood-burning oven; or
175          (aa) food safety certification, except to require that any individual who is involved in
176     the preparation, storage, or service of food in the microenterprise home kitchen shall hold a
177     food handler permit as defined in Section 26-15-5.
178          (6) An operator applying for a microenterprise home kitchen permit shall provide to
179     the local health department:
180          (a) written consent to enter the premises where food is prepared, cooked, stored, or
181     harvested for the microenterprise home kitchen; and
182          (b) written standard operating procedures that include:

183          (i) all food that will be stored, handled, and prepared;
184          (ii) the proposed procedures and methods of food preparation and handling;
185          (iii) procedures, methods, and schedules for cleaning utensils and equipment;
186          (iv) procedures and methods for the disposal of refuse; and
187          (v) a plan for maintaining time or temperature controlled food at the appropriate
188     temperatures for each time or temperature controlled food.
189          (7) In addition to a fee charged under Section 26-15c-103, if the local health
190     department is required to inspect the microenterprise home kitchen as a source of an
191     adulterated food or an outbreak of illness caused by a contaminated food and finds, as a result
192     of that inspection, that the microenterprise home kitchen has produced an adulterated food or
193     was the source of an outbreak of illness caused by a contaminated food, the local health
194     department may charge and collect from the farm a fee for that inspection.
195          (8) A microenterprise home kitchen permit:
196          (a) is nontransferable;
197          (b) is renewable on an annual basis;
198          (c) is restricted to the location and hours listed on the permit; and
199          (d) shall provide the operator the opportunity to update the food types and products
200     handled without requiring the operator to renew the permit.
201          (9) This section does not prohibit an operator from applying for a different type of food
202     event permit from a local health department.