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H.B. 148
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FOOD SAFETY CERTIFICATE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: James R. Gowans
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AN ACT RELATING TO HEALTH; AMENDING THE EXEMPTIONS TO THE FOOD
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SAFETY MANAGER CERTIFICATE REQUIREMENT; AND PROVIDING AN IMMEDIATE
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EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-15a-104, as enacted by Chapter 345, Laws of Utah 1998
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26-15a-105, as enacted by Chapter 345, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-15a-104
is amended to read:
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26-15a-104. Food service establishment requirements -- Enforcement -- Right of
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appeal.
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(1) (a) Except as provided in Subsection (1)(b), each food service establishment in the state
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shall[, on or before July 1, 1999,] be managed by at least one full-time certified food safety
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manager at each establishment site, who need not be present at the establishment site during all
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its hours of operation.
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(b) Food service establishments[, under the same ownership,] that prepare and serve a total
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of five or fewer potentially hazardous foods [shall employ at least one certified food safety
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manager for every ten establishment sites under common ownership] are exempt from Subsection
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(1)(a).
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(2) Within 60 days of the termination of a certified food safety manager's employment that
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results in the food service establishment no longer being in compliance with Subsection (1), the
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food service establishment shall:
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(a) employ a new certified food safety manager; or
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(b) designate another employee to become the establishment's certified food safety
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manager who shall commence a department-approved food safety manager training course.
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(3) Compliance with the 60-day time period provided in Subsection (2) may be extended
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by the local health department for reasonable cause, as determined by the department by rule.
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(4) (a) The local health department may determine whether a food service establishment
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is in compliance with this section by visiting the establishment during regular business hours and
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requesting information and documentation about the employment of a certified food safety
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manager.
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(b) If a violation of this section is identified, the local health department shall propose
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remedial action to bring the food service establishment into compliance.
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(c) A food service establishment receiving notice of a violation and proposed remedial
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action from a local health department may appeal the notice of violation and proposed remedial
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action pursuant to procedures established by the local health department, which shall be essentially
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consistent with the provisions of Title 63, Chapter 46b, Administrative Procedures Act.
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Notwithstanding the provisions of Section
63-46b-15
, an appeal of a local health department
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decision to a district court shall be conducted as an original, independent proceeding, and not as
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a review of the proceedings conducted by the local health department. The district court shall give
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no deference to the findings or conclusions of the local health department.
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Section 2.
Section
26-15a-105
is amended to read:
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26-15a-105. Exemptions to food service establishment requirements.
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(1) The following are not subject to the provisions of Section
26-15a-104
:
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(a) special events sponsored by municipal or nonprofit civic organizations, including food
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booths at school sporting events and little league athletic events and church functions;
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(b) temporary event food services approved by a local health department;
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(c) vendors and other food service establishments that serve only commercially
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prepackaged foods and beverages as defined by the department by rule;
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(d) private homes not used as a commercial food service establishment;
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[(e) health care facilities licensed under Chapter 21, Health Care Facility Licensing and
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Inspection Act;]
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[(f)] (e) bed and breakfast establishments at which the only meal served is a continental
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breakfast as defined by the department by rule;
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[(g)] (f) residential child care providers;
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[(h)] (g) child care providers and programs licensed under Chapter 39, Utah Child Care
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Licensing Act; and
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[(i)] (h) back country food service establishments.
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(2) Nothing in this section may be construed as exempting a food service establishment
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described in Subsection (1) from any other applicable food safety laws of this state.
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Section 3. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 1-27-00 7:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.