26B-7-410. Food service establishment requirements — Enforcement — Right of appeal — Rulemaking — Enforcement by local health departments.
(1)
Each food service establishment in the state shall be managed by at least one full-time certified food safety manager at each establishment site, who need not be present at the establishment site during all its hours of operation.
Terms Used In Utah Code 26B-7-410
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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. 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
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
(2)
Within 60 days of the termination of a certified food safety manager’s employment that results in the food service establishment no longer being in compliance with Subsection (1), the food service establishment shall:
(a)
employ a new certified food safety manager; or
(b)
designate another employee to become the establishment’s certified food safety manager who shall commence a department-approved food safety manager training course.
(3)
Compliance with the 60-day time period provided in Subsection (2) may be extended by the local health department for reasonable cause, as determined by the department by rule.
(4)
(a)
The local health department may determine whether a food service establishment is in compliance with this section by visiting the establishment during regular business hours and requesting information and documentation about the employment of a certified food safety manager.
(b)
If a violation of this section is identified, the local health department shall propose remedial action to bring the food service establishment into compliance.
(c)
(i)
A food service establishment receiving notice of a violation and proposed remedial action from a local health department may appeal the notice of violation and proposed remedial action pursuant to procedures established by the local health department, which shall be essentially consistent with the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
(ii)
Notwithstanding the provisions of Section 63G-4-402, an appeal of a local health department decision shall be conducted as an original, independent proceeding, and not as a review of the proceedings conducted by the local health department.
(iii)
The court shall give no deference to the findings or conclusions of the local health department.
a definition of “potentially hazardous foods” for purposes of this section and Section 26B-7-401; and
(ii)
any provisions necessary to implement this section.
(b)
The local health department with jurisdiction over the geographic area in which a food service establishment is located shall enforce the provisions of this section.
Renumbered and Amended by Chapter 308, 2023 General Session
