Current through Bulletin No. 2024-21, November 1, 2024
Section R392-102-4 - Mobile Food Business Permit Requirements(1) A person shall not operate a mobile food business without a valid permit to operate issued by a local health department.(2) A mobile food business operator shall only operate a mobile food business after: (a) obtaining a temporary food establishment permit from a local health department when only operating at a fixed location for no more than 14 consecutive days; or(b) obtaining an annual permit from the local health department wherein the majority of the mobile food business's operations will take place.(3) To obtain a permit, a mobile food business operator shall: (a) provide the following information to the local health department issuing the permit: (i) name, title, contact information, and signature;(ii) evidence of food safety manager certification as required in Subsection R392-102-4(13);(iii) ownership status of the mobile food business such as individual, partnership, or corporation;(iv) name of the mobile food business or "dba";(v) food truck license plate number;(vi) a complete list of menu items if there has been a menu change or if it was not previously submitted with plans as required in Section R392-102-5;(vii) a means whereby the local health department can determine the mobile food business's vending location or route as well as days and hours of mobile food business operation;(viii) a copy of the written commissary agreement as described in Subsection R392-102-3(4)(b), unless exempted by the local health officer; and(ix) documentation of an approved servicing area if the commissary is not properly equipped to provide potable water or electricity to, or to receive wastewater from a mobile food business; and shall(c) submit plans for review as described in Section R392-102-5;(d) complete necessary changes resulting from the review of plans, as required; and(e) complete a pre-operational inspection, as described in Subsection R392-102-18(9).(4) An issued permit shall include the following information:(a) name of the issuing local health department;(b) name of the permitted mobile food business, as provided on the application;(c) license plate of the associated food truck;(e) permit tier designation as described in Subsection R392-102-4(5)(b).(5)(a) Permit fees shall be uniform statewide and may only be in an amount that reimburses the local health department for the cost of administering the mobile food business sanitation program.(b) The local health department shall use a two-tier risk -based assessment to determine an appropriate permit fee as follows:(i) a permit shall be designated as "tier one" when the mobile food business operator's menu includes fewer than three TCS foods, and when raw animal products are not included as a menu ingredient;(ii) a permit shall be designated as "tier two" when the mobile food business operator's menu includes three or more TCS foods, or when raw animal products are included as a menu ingredient; and(iii) the amount of a tier one permit fee shall be reduced, as compared to a tier two permit fee, to account for the lower regulatory burden.(6) If an application for a permit is denied, the mobile food business operator may request information from a local health officer that includes:(a) the specific reasons and rule citations for permit denial; and(b) any actions the applicant must take to qualify for a permit.(7) A local health department shall recognize as valid a mobile food business permit that has been issued by another local health department within the state.(8)(a) A mobile food business operator shall comply with permitting requirements as stated in Subsection R392-102-4(3) when renewing a permit.(b) If a mobile food business operator elects to renew a permit, it shall be the duty of the operator to renew within 30 calendar days before the expiration date of the current permit.(9)(a) A permit applied for or issued pursuant to this rule may be denied, suspended, or revoked by the local health officer for any of the following reasons:(i) failure of the application or plans to show that the mobile food business will be operated or maintained in accordance with the requirements of this rule;(ii) submission of incorrect or false information in the application or plans;(iii) failure to operate or maintain the mobile food business in accordance with the application, plans, and specifications approved by the local health department;(iv) failure of the mobile food business operator to allow the local health officer to conduct inspections as necessary to determine compliance with this rule;(v) failure of the mobile food business operator to make the mobile food business available for inspection or to obtain an inspection according the frequency requirements detailed in Subsection R392-102-18(10);(vi) operation of the mobile food business in a way that causes or creates an imminent health hazard;(vii) violation of any condition upon which the permit was issued; or(viii) failure to pay a permit fee or inspection fee.(b) If a local health officer suspends a permit, the local health officer shall notify other applicable local health departments regarding the enforcement actions taken.(c) In the event of an imminent health hazard, a local health officer may suspend a permit issued by another local health jurisdiction. Except as coordinated and approved by the impacted local health officers, the local health jurisdiction that suspends a permit shall be the same organization that reinstates a suspended permit when the issues of noncompliance have been adequately addressed.(10) To reinstate a suspended permit, a mobile food business operator shall:(a) complete a pre-operational inspection with the local health department that suspended the permit, as described in Subsection R392-102-18(9), which shows that the mobile food business is back in compliance with this rule; and(b) pay an inspection fee.(11)(a) A food truck operator shall post: (i) the issued permit in a conspicuous location inside the food truck; and(ii) the included permit decal (sticker) on the outside rear of the food truck.(b) A food cart operator shall post the issued permit and the included permit decal (sticker)in a conspicuous location on the food cart.(12) A mobile food business permit may not be transferred from one mobile food business operator to another, from one mobile food business to another, or from one type of operation to another if the change affects the tier designation as specified in Subsection R392-102-4(5)(b) and the local health department that issued the permit has not approved the change.(13) At least one mobile food business employee shall:(a) be certified in food safety management according to the requirements of Rule R392-101, unless exempted by a local health officer according to the criteria listed in Section R392-101-8 and Section 26B-7-411; and(b) maintain proof of certification available for review by the local health officer upon request.(14)(a) Each mobile food business employee shall be trained in food safety as required by Rule R392-103, and shall hold a valid food handler's permit issued by a local health department.(b) The mobile food business operator shall maintain proof of food handler permit certification of employees and shall provide it to the local health officer upon request.Utah Admin. Code R392-102-4
Adopted by Utah State Bulletin Number 2018-12, effective 5/18/2018Amended by Utah State Bulletin Number 2022-02, effective 1/3/2022Amended by Utah State Bulletin Number 2023-15, effective 7/17/2023