Senator Evan J. Vickers proposes the following substitute bill:




Chief Sponsor: Christine F. Watkins

Senate Sponsor: Evan J. Vickers


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; and
20          ▸     limits the number of microenterprise home kitchen permits that may be issued
21     within a county and creates a sunset date for this limit.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          63I-1-226, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
29     232, 303, 347, and 429
30     ENACTS:
31          26-15c-101, Utah Code Annotated 1953
32          26-15c-102, Utah Code Annotated 1953
33          26-15c-103, Utah Code Annotated 1953
34          26-15c-104, Utah Code Annotated 1953
35          26-15c-105, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 26-15c-101 is enacted to read:

40          26-15c-101. Title.
41          This chapter is known as the "Microenterprise Home Kitchen Act."
42          Section 2. Section 26-15c-102 is enacted to read:
43          26-15c-102. Definitions.
44          As used in this chapter:
45          (1) "Food" means:
46          (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
47     ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
48          (b) chewing gum.
49          (2) "Local health department" means the same as that term is defined in Section
50     26A-1-102.
51          (3) (a) "Microenterprise home kitchen" means a non-commercial kitchen facility
52     located in a private home and operated by a resident of the home where ready-to-eat food is
53     handled, stored, prepared, or offered for sale.
54          (b) "Microenterprise home kitchen" does not include:
55          (i) a catering operation;
56          (ii) a cottage food operation;

57          (iii) a food truck;
58          (iv) an agritourism food establishment as defined in Section 26-15b-102;
59          (v) a bed and breakfast; or
60          (vi) a residence-based group care facility.
61          (4) "Microenterprise home kitchen permit" means a permit issued by a local health
62     department to the operator for the purpose of operating a microenterprise home kitchen.
63          (5) "Operator" means an individual who resides in the private home and who manages
64     or controls the microenterprise home kitchen.
65          (6) "Ready-to-eat" means:
66          (a) raw animal food that is cooked;
67          (b) raw fruits and vegetables that are washed;
68          (c) fruits and vegetables that are cooked for hot holding;
69          (d) a time or temperature control food that is cooked to the temperature and time
70     required for the specific food in accordance with rules made by the department in accordance
71     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
72          (e) a bakery item for which further cooking is not required for food safety.
73          (7) "Time or temperature control food" means food that requires time or temperature
74     controls for safety to limit pathogenic microorganism growth or toxin formation.
75          Section 3. Section 26-15c-103 is enacted to read:
76          26-15c-103. Permitting -- Fees.
77          (1) An operator may not operate a microenterprise home kitchen unless the operator
78     obtains a permit from the local health department that has jurisdiction over the area in which
79     the microenterprise home kitchen is located.
80          (2) In accordance with Section 26A-1-121, and subject to the restrictions of Section
81     26-15c-105, the department shall make standards and regulations relating to the permitting of a
82     microenterprise home kitchen.
83          (3) In accordance with Section 26A-1-114, a local health department shall impose a fee
84     for a microenterprise home kitchen permit in an amount that reimburses the local health
85     department for the cost of regulating the microenterprise home kitchen.
86          Section 4. Section 26-15c-104 is enacted to read:
87          26-15c-104. Safety and health inspections and permits.

88          (1) A local health department with jurisdiction over an area in which a microenterprise
89     home kitchen is located may grant a microenterprise home kitchen permit to the operator.
90          (2) Nothing in this section prevents a local health department from revoking a
91     microenterprise home kitchen permit issued by the local health department if the operation of
92     the microenterprise home kitchen violates the terms of the permit or Section 26-15c-105.
93          (3) (a) The number of microenterprise home kitchen permits issued by a local health
94     department under this chapter may not exceed:
95          (i) for a county of the first or second class, 15% of the total number of licenses issued
96     by the local health department to food service establishments as defined in Section 26-15a-102;
97     or
98          (ii) for a county of the third through sixth class, 70% of the total number of licenses
99     issued by the local health department to food service establishments as defined in Section
100     26-15a-102.
101          (b) For a local health department with jurisdiction over two or more counties, the
102     limitation under Subsection (3)(a) shall be calculated separately for each county within the
103     local health department's jurisdiction.
104          Section 5. Section 26-15c-105 is enacted to read:
105          26-15c-105. Permit requirements.
106          (1) An operator may qualify for a microenterprise home kitchen permit if:
107          (a) food that is served at the microenterprise home kitchen is processed in compliance
108     with state and federal regulations;
109          (b) a kitchen facility used to prepare food for the microenterprise home kitchen meets
110     the requirements established by the department;
111          (c) the microenterprise home kitchen operates only during the hours approved in the
112     microenterprise home kitchen permit; and
113          (d) the microenterprise home kitchen complies with the requirements of this section.
114          (2) The department shall, in accordance with Title 63G, Chapter 3, Utah
115     Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
116     requirements for microenterprise home kitchens.
117          (3) A local health department shall:
118          (a) ensure compliance with the rules described in Subsection (2) when inspecting a

119     microenterprise home kitchen;
120          (b) notwithstanding Section 26A-1-113, inspect a microenterprise home kitchen that
121     requests a microenterprise home kitchen permit only:
122          (i) for an initial inspection, no more than one week before the microenterprise home
123     kitchen is scheduled to begin operation;
124          (ii) for an unscheduled inspection, if the local health department conducts the
125     inspection:
126          (A) within three days before or after the day on which the microenterprise home
127     kitchen is scheduled to begin operation; or
128          (B) during operating hours of the microenterprise home kitchen; or
129          (iii) for subsequent inspections if:
130          (A) the local health department provides the operator with reasonable advanced notice
131     of the inspection; or
132          (B) the local health department has a valid reason to suspect that the microenterprise
133     home kitchen is the source of an adulterated food or of an outbreak of illness caused by a
134     contaminated food; and
135          (c) document the reason for any inspection after the initial inspection, keep a copy of
136     that documentation on file with the microenterprise home kitchen's permit, and provide a copy
137     of that documentation to the operator.
138          (4) A microenterprise home kitchen shall:
139          (a) take steps to avoid any potential contamination to:
140          (i) food;
141          (ii) equipment;
142          (iii) utensils; or
143          (iv) unwrapped single-service and single-use articles; and
144          (b) prevent an individual from entering the food preparation area while food is being
145     prepared if the individual is known to be suffering from:
146          (i) symptoms associated with acute gastrointestinal illness; or
147          (ii) a communicable disease that is transmissible through food; and
148          (c) comply with the following requirements:
149          (i) time or temperature control food shall be prepared, cooked, and served on the same

150     day;
151          (ii) food that is sold or provided to a customer may not be consumed onsite at the
152     microenterprise home kitchen operation;
153          (iii) food that is sold or provided to a customer shall be picked up by the consumer or
154     delivered within a safe time period based on holding equipment capacity;
155          (iv) food preparation may not involve processes that require a HACCP plan, or the
156     production, service, or sale of raw milk or raw milk products;
157          (v) molluscan shellfish may not be served or sold;
158          (vi) the operator may only sell or provide food directly to consumers and may not sell
159     or provide food to any wholesaler or retailer; and
160          (vii) the operator shall provide the consumer with a notification that, while a permit
161     has been issued by the local health department, the kitchen may not meet all of the
162     requirements of a commercial retail food establishment.
163          (5) When making the rules described in Subsection (2), the department may not make
164     rules regarding:
165          (a) hand washing facilities, except to require that a hand washing station supplied with
166     warm water, soap, and disposable hand towels is conveniently located in food preparation, food
167     dispensing, and warewashing areas;
168          (b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that
169     the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
170     are sanitized between each use;
171          (c) the individuals allowed access to the food preparation areas, food storage areas, and
172     washing areas, except during food preparation;
173          (d) display guards, covers, or containers for display foods, except to require that
174     ready-to-eat food is protected from contamination during storage, preparation, handling,
175     transport, and display;
176          (e) outdoor display and sale of food, except to require that food is maintained at proper
177     holding temperatures;
178          (f) utensils and equipment, except to require that utensils and equipment used in the
179     home kitchen:
180          (i) retain their characteristic qualities under normal use conditions;

181          (ii) are properly sanitized after use; and
182          (iii) are maintained in a sanitary manner between uses;
183          (g) food contact surfaces, except to require that food contact surfaces are smooth,
184     easily cleanable, in good repair, and properly sanitized between tasks;
185          (h) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
186     residential settings, except to require that those surfaces are kept clean from the accumulation
187     of residue and debris;
188          (i) clean-in-place equipment, except to require that the equipment is cleaned and
189     sanitized between uses;
190          (j) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
191     smoke are able to escape the kitchen;
192          (k) fixed temperature measuring devices or product mimicking sensors for the holding
193     equipment for time or temperature control food, except to require non-fixed temperature
194     measuring devices for hot and cold holding of food during storage, serving, and cooling;
195          (l) fixed floor-mounted and table-mounted equipment, except to require that
196     floor-mounted and table-mounted equipment be in good repair and sanitized between uses;
197          (m) dedicated laundry facilities, except to require that linens used for the
198     microenterprise home kitchen are stored and laundered separately from household laundry and
199     that soiled laundry is stored to prevent contamination of food and equipment;
200          (n) water, plumbing, drainage, and waste, except to require that:
201          (i) sinks be supplied with hot and cold potable water from:
202          (A) an approved public water system as defined in Section 19-4-102;
203          (B) if the local health department with jurisdiction over the microenterprise home
204     kitchen has regulations regarding the safety of drinking water, a source that meets the local
205     health department's regulations regarding the safety of drinking water; or
206          (C) a water source that is tested at least once per month for bacteriologic quality, and at
207     least once in every three year period for lead and copper; and
208          (ii) food preparation and service is discontinued in the event of a disruption of potable
209     water service;
210          (o) the number of and path of access to toilet facilities, except to require that toilet
211     facilities are equipped with proper handwashing stations;

212          (p) lighting, except to require that food preparations are well lit by natural or artificial
213     light whenever food is being prepared;
214          (q) designated dressing areas and storage facilities, except to require that items not
215     ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
216     dressing takes place outside of the kitchen facility, and that food items are stored in a manner
217     that does not allow for contamination;
218          (r) the presence and handling of animals, except to require that all animals are kept
219     outside of food preparation and service areas;
220          (s) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
221     are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
222          (t) kitchen facilities open to living areas, except to require that food is only prepared,
223     handled, or stored in kitchen and food storage areas;
224          (u) submission of plans and specifications before construction or remodel of a kitchen
225     facility;
226          (v) the number and type of time or temperature controlled food offered for sale, except:
227          (i) a raw time or temperature-controlled food such and as raw fish, raw milk, and raw
228     shellfish;
229          (ii) any food requiring special processes that would necessitate a HACCP plan; and
230          (iii) fish from waters of the state;
231          (w) approved food sources, except to require that:
232          (i) food in a hermetically sealed container is obtained from a regulated food processing
233     plant;
234          (ii) liquid milk and milk products are obtained from sources that comply with Grade A
235     standards specified by the Department of Agriculture and Food by rule made in accordance
236     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
237          (iii) fish for sale or service are commercially and legally caught;
238          (iv) mushrooms picked in the wild are not offered for sale or service; and
239          (v) game animals offered for sale or service are raised, slaughtered, and processed
240     according to rules governing meat and poultry as specified by the Department of Agriculture
241     and Food by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
242     Rulemaking Act;

243          (x) the use of items produced under this chapter; or
244          (y) the use of an open air barbeque, grill, or outdoor wood-burning oven.
245          (6) An operator applying for a microenterprise home kitchen permit shall provide to
246     the local health department:
247          (a) written consent to enter the premises where food is prepared, cooked, stored, or
248     harvested for the microenterprise home kitchen; and
249          (b) written standard operating procedures that include:
250          (i) all food that will be stored, handled, and prepared;
251          (ii) the proposed procedures and methods of food preparation and handling;
252          (iii) procedures, methods, and schedules for cleaning utensils and equipment;
253          (iv) procedures and methods for the disposal of refuse; and
254          (v) a plan for maintaining time or temperature controlled food at the appropriate
255     temperatures for each time or temperature controlled food.
256          (7) In addition to a fee charged under Section 26-15c-103, if the local health
257     department is required to inspect the microenterprise home kitchen as a source of an
258     adulterated food or an outbreak of illness caused by a contaminated food and finds, as a result
259     of that inspection, that the microenterprise home kitchen has produced an adulterated food or
260     was the source of an outbreak of illness caused by a contaminated food, the local health
261     department may charge and collect from the microenterprise home kitchen a fee for that
262     inspection.
263          (8) A microenterprise home kitchen permit:
264          (a) is nontransferable;
265          (b) is renewable on an annual basis;
266          (c) is restricted to the location and hours listed on the permit;
267          (d) shall include a statement that reads: "This location is permitted under modified
268     FDA requirements."; and
269          (e) shall provide the operator the opportunity to update the food types and products
270     handled without requiring the operator to renew the permit.
271          (9) This section does not prohibit an operator from applying for a different type of food
272     event permit from a local health department.
273          Section 6. Section 63I-1-226 is amended to read:

274          63I-1-226. Repeal dates, Title 26.
275          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
276     Committee, is repealed July 1, 2024.
277          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
278     July 1, 2025.
279          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
280     1, 2025.
281          (4) Section 26-1-40 is repealed July 1, 2022.
282          (5) Section 26-1-41 is repealed July 1, 2026.
283          (6) Section 26-7-10 is repealed July 1, 2025.
284          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
285     2028.
286          (8) Section 26-7-14 is repealed December 31, 2027.
287          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
288     1, 2025.
289          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
290     is repealed July 1, 2026.
291          (11) Section 26-10-11 is repealed July 1, 2025.
292          (12) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
293     July 1, 2025.
294          (13) Subsection 26-15c-104(3), relating to a limitation on the number of
295     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
296          [(13)] (14) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
297     July 1, 2027.
298          [(14) Subsection 26-18-417(3) relating to a report to the Health and Human services
299     Interim Committee is repealed July 1, 2020.]
300          (15) Subsection 26-18-418(2), the language that states "and the Behavioral Health
301     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
302          (16) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
303     Committee, is repealed July 1, 2021.
304          (17) Section 26-33a-117 is repealed on December 31, 2023.

305          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
306          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
307     2024.
308          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
309     July 1, 2024.
310          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
311          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
312     Committee, is repealed July 1, 2024.
313          (23) Section 26-40-104, which creates the Utah Children's Health Insurance Program
314     Advisory Council, is repealed July 1, 2025.
315          (24) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
316     Committee, is repealed July 1, 2025.
317          (25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
318     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
319          (26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
320     July 1, 2026.
321          (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
322     2026.