26B-7-412.  Certified food safety manager.

(1)  Before a person may manage a food service establishment as a certified food safety manager, that person shall submit documentation in the format prescribed by the department to the appropriate local health department indicating a passing score on a department-approved examination.

Terms Used In Utah Code 26B-7-412

  • 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
    (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
  • 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.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (2)  To continue to manage a food service establishment, a certified food safety manager shall:

    (a)  successfully complete, every three years, renewal requirements established by department rule which are consistent with original certification requirements; and

    (b)  submit documentation in the format prescribed by the department within 30 days of the completion of renewal requirements to the appropriate local health department.

    (3)  A local health department may deny, revoke, or suspend the authority of a certified food safety manager to manage a food service establishment or require the completion of additional food safety training courses for any one of the following reasons:

    (a)  submitting information required under Subsection (1) or (2) that is false, incomplete, or misleading;

    (b)  repeated violations of department or local health department food safety rules; or

    (c)  operating a food service establishment in a way that causes or creates a health hazard or otherwise threatens the public health, safety, or welfare.

    (4)  A determination of a local health department made pursuant to Subsection (3) may be appealed by a certified food safety manager in the same manner provided for in Subsection 26B-7-410(4).

    (5)  No person may use the title “certified food safety manager,” or any other similar title, unless the person has satisfied the requirements of this section.

    (6)  A local health department:

    (a)  may not charge a fee to accept or process the documentation described in Subsections (1) and (2);

    (b)  shall accept photocopies or electronic copies of the documentation described in Subsections (1) and (2); and

    (c)  shall allow an individual to submit the documentation described in Subsections (1) and (2) by mail, email, or in person.

    (7)  Certified food safety managers shall:

    (a)  establish and monitor compliance with practices and procedures in the food service establishments where they are employed to maintain compliance with department and local health department food safety rules; and

    (b)  perform such other duties that may be necessary to ensure food safety in the food service establishments where they are employed.

    (8) 

    (a)  The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

    (i)  statewide, uniform standards for certified food safety managers;

    (ii)  criteria for food safety certification examinations; and

    (iii)  any provisions necessary to implement this section.

    (b)  The department shall approve food safety certification examinations in accordance with this section.

    (c)  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