Utah Admin. Code 392-102-3

Current through Bulletin No. 2024-21, November 1, 2024

Section R392-102-3 - Commissary Requirements

(1) No food or equipment may be stored at a home residence, storage unit, garage, or other unapproved structure.

(2) Except for Subsection R392-102-3(3), a mobile food business operator shall use a commissary unless exempted by the local health officer having jurisdiction where the mobile food business operates.

(3) A local health officer may not require a mobile food business operator to use a commissary if the mobile food business:

(a) is designated as a tier one mobile food business by the permitting local health department;

(b) does not use temperature controlled products;

(c) does not store prepared food products from one operating day to the next;

(d) conducts all food service operations on the food truck or food cart, including cleaning and sanitizing;

(e) can refill its potable water tanks at a location and in a manner approved by the local health officer; and

(f) can dispose of all wastewater, used cooking oil, and other refuse at a location and in a manner approved by the local health officer.

(4) If a mobile food business commissary is required by the local health officer having jurisdiction:

(a) the mobile food business operator shall use a commissary located within a local health jurisdiction approved by the local health officer;

(b) the mobile food business operator shall obtain a written, signed commissary agreement from the commissary operator, which shall be renewed annually, and any changes to the agreement shall be submitted to the local health officer before the changes being implemented;

(c) the mobile food business operator shall return the mobile food business to the commissary at a regular frequency, as determined and approved by the local health officer;

(d) the mobile food business operator shall park the mobile food business at a location approved by the local health officer at the end of daily operations;

(e) the mobile food business operator shall document presence at the commissary on a log according to the frequency determined and approved by the local health officer, and as follows:

(i) the mobile food business operator shall record the date, time in, time out, and initials; and

(ii) the mobile food business operator shall retain commissary records for one year, and shall make the records available for inspection by a local health officer upon request;

(f) the mobile food business operator shall have access to, and the ability to utilize:

(i) a 3-compartment sink provided with hot and cold water under pressure, or other warewashing equipment approved by the local health officer;

(ii) adequate hot and cold holding equipment as necessary for proper food storage;

(iii) a service sink with hot and cold water under pressure;

(iv) at least one handsink with pressurized hot and cold water that is conveniently located and used exclusively for hand washing;

(v) a conveniently located toilet room; and

(vi) approved methods and equipment to clean and sanitize food and nonfood -contact surfaces within the mobile food business;

(g) the mobile food business operator shall use a commissary that provides adequate space for the sanitary storage of food, equipment, utensils, linens, and single-service, or single-use articles;

(h) the mobile food business operator shall use a commissary that has an electrical outlet available for mobile food business use, if needed, when parked at the commissary;

(i) an electrical installation intended for mobile food business use at a commissary shall comply with applicable codes and ordinances including the state electrical code; and

(j) not more than one mobile food business shall be served by one electrical outlet at a time.

(5) If a local health officer revokes or suspends a commissary's operating permit as authorized in Subsection R392-102-4(10), each associated mobile food business permit shall be invalidated until a local health officer reinstates the operating permit or the mobile food business operator obtains a new commissary agreement at an approved location, at which point the mobile food business permit shall be reinstated with the original expiration date.

Utah Admin. Code R392-102-3

Adopted by Utah State Bulletin Number 2018-12, effective 5/18/2018

Amended by Utah State Bulletin Number 2022-02, effective 1/3/2022

Amended by Utah State Bulletin Number 2023-15, effective 7/17/2023