26B-7-401.  Definitions.
     As used in this part:

(1)  “Agricultural tourism activity” means the same as that term is defined in Section 78B-4-512.

Terms Used In Utah Code 26B-7-401

  • Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
  • Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
  • Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401
  • Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401
  • Food: means :
(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
(b) chewing gum. See Utah Code 26B-7-401
  • Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, 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. See Utah Code 26B-7-401
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401
  • Ready-to-eat: means :
    (a) raw animal food that is cooked;
    (b) raw fruits and vegetables that are washed;
    (c) fruits and vegetables that are cooked for hot holding;
    (d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    (e) a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401
  • (2)  “Agritourism” means the same as that term is defined in Section 78B-4-512.

    (3)  “Agritourism food establishment” means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity.

    (4)  “Agritourism food establishment permit” means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment.

    (5)  “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.

    (6)  “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 26B-7-412.

    (7)  “Farm” means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation.

    (8)  “Food” means:

    (a)  a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or

    (b)  chewing gum.

    (9)  “Food service establishment” means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, 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.

    (10) 

    (a)  “Microenterprise home kitchen” means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale.

    (b)  “Microenterprise home kitchen” does not include:

    (i)  a catering operation;

    (ii)  a cottage food operation;

    (iii)  a food truck;

    (iv)  an agritourism food establishment;

    (v)  a bed and breakfast; or

    (vi)  a residence-based group care facility.

    (11)  “Microenterprise home kitchen permit” means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen.

    (12)  “Ready-to-eat” means:

    (a)  raw animal food that is cooked;

    (b)  raw fruits and vegetables that are washed;

    (c)  fruits and vegetables that are cooked for hot holding;

    (d)  a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

    (e)  a bakery item for which further cooking is not required for food safety.

    (13)  “Time or temperature control food” means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation.

    Renumbered and Amended by Chapter 308, 2023 General Session