1     
MICROENTERPRISE HOME KITCHEN AMENDMENTS

2     
2023 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 amends the Microenterprise Home Kitchen Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a political subdivision to allow a microenterprise home kitchen to operate
13     within the political subdivision if the microenterprise home kitchen meets the
14     requirements for a permit;
15          ▸     allows a political subdivision to establish certain regulations regarding
16     microenterprise home kitchen operations; and
17          ▸     specifies that the Microenterprise Home Kitchen Act supersedes regulation of any
18     political subdivision to the extend there is a conflict with the local regulation.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          26-15c-105, as enacted by Laws of Utah 2021, Chapter 417
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 26-15c-105 is amended to read:
29          26-15c-105. Permit requirements -- Certain local ordinances superseded.
30          (1) An operator may qualify for a microenterprise home kitchen permit if:
31          (a) food that is served at the microenterprise home kitchen is processed in compliance
32     with state and federal regulations;
33          (b) a kitchen facility used to prepare food for the microenterprise home kitchen meets
34     the requirements established by the department;
35          (c) the microenterprise home kitchen operates only during the hours approved in the
36     microenterprise home kitchen permit; and
37          (d) the microenterprise home kitchen complies with the requirements of this section.
38          (2) The department shall, in accordance with Title 63G, Chapter 3, Utah
39     Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
40     requirements for microenterprise home kitchens.
41          (3) A local health department shall:
42          (a) ensure compliance with the rules described in Subsection (2) when inspecting a
43     microenterprise home kitchen;
44          (b) notwithstanding Section 26A-1-113, inspect a microenterprise home kitchen that
45     requests a microenterprise home kitchen permit only:
46          (i) for an initial inspection, no more than one week before the microenterprise home
47     kitchen is scheduled to begin operation;
48          (ii) for an unscheduled inspection, if the local health department conducts the
49     inspection:
50          (A) within three days before or after the day on which the microenterprise home
51     kitchen is scheduled to begin operation; or
52          (B) during operating hours of the microenterprise home kitchen; or
53          (iii) for subsequent inspections if:
54          (A) the local health department provides the operator with reasonable advanced notice
55     of the inspection; or
56          (B) the local health department has a valid reason to suspect that the microenterprise
57     home kitchen is the source of an adulterated food or of an outbreak of illness caused by a
58     contaminated food; and

59          (c) document the reason for any inspection after the initial inspection, keep a copy of
60     that documentation on file with the microenterprise home kitchen's permit, and provide a copy
61     of that documentation to the operator.
62          (4) A microenterprise home kitchen shall:
63          (a) take steps to avoid any potential contamination to:
64          (i) food;
65          (ii) equipment;
66          (iii) utensils; or
67          (iv) unwrapped single-service and single-use articles;
68          (b) prevent an individual from entering the food preparation area while food is being
69     prepared if the individual is known to be suffering from:
70          (i) symptoms associated with acute gastrointestinal illness; or
71          (ii) a communicable disease that is transmissible through food; and
72          (c) comply with the following requirements:
73          (i) time or temperature control food shall be prepared, cooked, and served on the same
74     day;
75          (ii) food that is sold or provided to a customer may not be consumed onsite at the
76     microenterprise home kitchen operation;
77          (iii) food that is sold or provided to a customer shall be picked up by the consumer or
78     delivered within a safe time period based on holding equipment capacity;
79          (iv) food preparation may not involve processes that require a HACCP plan, or the
80     production, service, or sale of raw milk or raw milk products;
81          (v) molluscan shellfish may not be served or sold;
82          (vi) the operator may only sell or provide food directly to consumers and may not sell
83     or provide food to any wholesaler or retailer; and
84          (vii) the operator shall provide the consumer with a notification that, while a permit
85     has been issued by the local health department, the kitchen may not meet all of the
86     requirements of a commercial retail food establishment.
87          (5) When making the rules described in Subsection (2), the department may not make
88     rules regarding:
89          (a) hand washing facilities, except to require that a hand washing station supplied with

90     warm water, soap, and disposable hand towels is conveniently located in food preparation, food
91     dispensing, and warewashing areas;
92          (b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that
93     the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
94     are sanitized between each use;
95          (c) the individuals allowed access to the food preparation areas, food storage areas, and
96     washing areas, except during food preparation;
97          (d) display guards, covers, or containers for display foods, except to require that
98     ready-to-eat food is protected from contamination during storage, preparation, handling,
99     transport, and display;
100          (e) outdoor display and sale of food, except to require that food is maintained at proper
101     holding temperatures;
102          (f) utensils and equipment, except to require that utensils and equipment used in the
103     home kitchen:
104          (i) retain their characteristic qualities under normal use conditions;
105          (ii) are properly sanitized after use; and
106          (iii) are maintained in a sanitary manner between uses;
107          (g) food contact surfaces, except to require that food contact surfaces are smooth,
108     easily cleanable, in good repair, and properly sanitized between tasks;
109          (h) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
110     residential settings, except to require that those surfaces are kept clean from the accumulation
111     of residue and debris;
112          (i) clean-in-place equipment, except to require that the equipment is cleaned and
113     sanitized between uses;
114          (j) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
115     smoke are able to escape the kitchen;
116          (k) fixed temperature measuring devices or product mimicking sensors for the holding
117     equipment for time or temperature control food, except to require non-fixed temperature
118     measuring devices for hot and cold holding of food during storage, serving, and cooling;
119          (l) fixed floor-mounted and table-mounted equipment, except to require that
120     floor-mounted and table-mounted equipment be in good repair and sanitized between uses;

121          (m) dedicated laundry facilities, except to require that linens used for the
122     microenterprise home kitchen are stored and laundered separately from household laundry and
123     that soiled laundry is stored to prevent contamination of food and equipment;
124          (n) water, plumbing, drainage, and waste, except to require that:
125          (i) sinks be supplied with hot and cold potable water from:
126          (A) an approved public water system as defined in Section 19-4-102;
127          (B) if the local health department with jurisdiction over the microenterprise home
128     kitchen has regulations regarding the safety of drinking water, a source that meets the local
129     health department's regulations regarding the safety of drinking water; or
130          (C) a water source that is tested at least once per month for bacteriologic quality, and at
131     least once in every three year period for lead and copper; and
132          (ii) food preparation and service is discontinued in the event of a disruption of potable
133     water service;
134          (o) the number of and path of access to toilet facilities, except to require that toilet
135     facilities are equipped with proper handwashing stations;
136          (p) lighting, except to require that food preparations are well lit by natural or artificial
137     light whenever food is being prepared;
138          (q) designated dressing areas and storage facilities, except to require that items not
139     ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
140     dressing takes place outside of the kitchen facility, and that food items are stored in a manner
141     that does not allow for contamination;
142          (r) the presence and handling of animals, except to require that all animals are kept
143     outside of food preparation and service areas;
144          (s) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
145     are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
146          (t) kitchen facilities open to living areas, except to require that food is only prepared,
147     handled, or stored in kitchen and food storage areas;
148          (u) submission of plans and specifications before construction or remodel of a kitchen
149     facility;
150          (v) the number and type of time or temperature controlled food offered for sale, except:
151          (i) a raw time or temperature controlled food such as raw fish, raw milk, and raw

152     shellfish;
153          (ii) any food requiring special processes that would necessitate a HACCP plan; and
154          (iii) fish from waters of the state;
155          (w) approved food sources, except to require that:
156          (i) food in a hermetically sealed container is obtained from a regulated food processing
157     plant;
158          (ii) liquid milk and milk products are obtained from sources that comply with Grade A
159     standards specified by the Department of Agriculture and Food by rule made in accordance
160     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
161          (iii) fish for sale or service are commercially and legally caught;
162          (iv) mushrooms picked in the wild are not offered for sale or service; and
163          (v) game animals offered for sale or service are raised, slaughtered, and processed
164     according to rules governing meat and poultry as specified by the Department of Agriculture
165     and Food by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
166     Rulemaking Act;
167          (x) the use of items produced under this chapter; or
168          (y) the use of an open air barbeque, grill, or outdoor wood-burning oven.
169          (6) An operator applying for a microenterprise home kitchen permit shall provide to
170     the local health department:
171          (a) written consent to enter the premises where food is prepared, cooked, stored, or
172     harvested for the microenterprise home kitchen; and
173          (b) written standard operating procedures that include:
174          (i) all food that will be stored, handled, and prepared;
175          (ii) the proposed procedures and methods of food preparation and handling;
176          (iii) procedures, methods, and schedules for cleaning utensils and equipment;
177          (iv) procedures and methods for the disposal of refuse; and
178          (v) a plan for maintaining time or temperature controlled food at the appropriate
179     temperatures for each time or temperature controlled food.
180          (7) In addition to a fee charged under Section 26-15c-103, if the local health
181     department is required to inspect the microenterprise home kitchen as a source of an
182     adulterated food or an outbreak of illness caused by a contaminated food and finds, as a result

183     of that inspection, that the microenterprise home kitchen has produced an adulterated food or
184     was the source of an outbreak of illness caused by a contaminated food, the local health
185     department may charge and collect from the microenterprise home kitchen a fee for that
186     inspection.
187          (8) A microenterprise home kitchen permit:
188          (a) is nontransferable;
189          (b) is renewable on an annual basis;
190          (c) is restricted to the location and hours listed on the permit;
191          (d) shall include a statement that reads: "This location is permitted under modified
192     FDA requirements."; and
193          (e) shall provide the operator the opportunity to update the food types and products
194     handled without requiring the operator to renew the permit.
195          (9) This section does not prohibit an operator from applying for a different type of food
196     event permit from a local health department.
197          (10) (a) Except as provided in Subsection (10)(b), a political subdivision may not
198     prohibit or restrict a microenterprise home kitchen that otherwise meets the requirements in
199     this section and rules made by the department under Subsection (2) from doing business as a
200     microenterprise home kitchen.
201          (b) A political subdivision may, but is not required, to establish reasonable regulations
202     regarding:
203          (i) the maximum number of customers or customer vehicles that may be at a
204     microenterprise home kitchen at one time, except that a microenterprise home kitchen shall be
205     permitted to allow at least 10 customers to be on the premise at one time;
206          (ii) the hours during which a microenterprise home kitchen may operate, except that a
207     microenterprise home kitchen shall be permitted to operate from 8:00 a.m. to 10:00 p.m.;
208          (iii) the external appearance of the microenterprise home kitchen, except that a
209     microenterprise home kitchen shall be permitted to post a sign outside of the microenterprise
210     home kitchen that is three feet high and three feet wide; or
211          (iv) the maximum number of employees from outside of the household, except that a
212     microenterprise home kitchen shall be permitted to have at least two employees from outside of
213     the household at the microenterprise home kitchen at any given time.

214          (c) A political subdivision may not enact a regulation that creates specific requirements
215     for a microenterprise home kitchen except those that are specifically authorized under this
216     section.
217          (d) This section supersedes any ordinance enacted by the governing body of a political
218     subdivision that is contrary to this Subsection (10).