Utah Admin. Code 392-106-10

Current through Bulletin 2024-23, December 1, 2024

Section R392-106-10 - Food Safety Requirements

(1) The operator may not offer for sale:

(a) a raw time or temperature control food such as raw fish, raw milk, or raw shellfish;

(b) any food requiring special processes that would necessitate a HACCP plan, as defined in FDA Food Code;

(c) fish:

(i) that was not commercially and legally caught; or

(ii) that was caught or harvested from waters of Utah;

(d) molluscan shellfish;

(e) food in a hermetically sealed container that was not obtained, either directly or indirectly, from a regulated food processing plant;

(f) liquid milk and milk products that were not obtained from sources that comply with Grade A standards specified by the Department of Agriculture and Food by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(g) mushrooms that were picked in the wild;

(h) game animals that were not raised, slaughtered, and processed according to rules governing meat and poultry as specified by the Department of Agriculture and Food by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

(i) food containing meat or poultry products that were not inspected under Section 4-32-106 or inspected by the United States Department of Agriculture.

(2) The operator shall:

(a) take steps to avoid any potential contamination to:

(i) food;

(ii) equipment;

(iii) utensils; or

(iv) unwrapped single-service and single-use articles; and

(b) prevent an individual from entering the food preparation, food storage, and warewashing areas while food is being prepared:

(i) if the individual is known to be suffering from:

(A) symptoms associated with acute gastrointestinal illness; or

(B) a communicable disease that is transmissible through food; or

(ii) if the individual is unnecessary to the microenterprise home kitchen operation while food is being prepared.

(3) The operator shall ensure that:

(a) food is safe, unadulterated, and honestly presented;

(b) food is offered for human consumption in a way that does not mislead or misinform the consumer;

(c) food or color additives, colored overwraps, or lights are not used to misrepresent the true appearance, color, or quality of a food;

(d) food packages are in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants;

(e)

(i) raw eggs are received and maintained in a clean and sound condition, and are held in refrigerated equipment that maintains an ambient temperature of 45 degrees or less;

(ii) eggs are stored in a manner that does not allow for contamination;

(iii) eggs are not collected or stored in a previously used egg carton or package that is not designed or intended for reuse;

(iv) pasteurized eggs or egg products are substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not cooked; and

(v) raw, unpasteurized eggs are used in recipes that will not be cooked only if the microenterprise home kitchen has a consumer advisory, as required in Subsection R392-106-11(4);

(f) ice for use as a food or a cooling medium is made from potable water;

(g) ice is not used in food or beverages after use as a medium for cooling the exterior surfaces of food or food packages;

(h) food only contacts surfaces of equipment and utensils that are cleaned and sanitized as specified in Sections R392-106-8 and R392-106-9 or single-service and single-use articles;

(i) food is protected from contamination by storing the food in a manner that does not allow for contamination;

(j) items not ordinarily found in a home kitchen are placed or stored away from food preparation and food storage areas;

(k) food is protected from cross-contamination by:

(i) separating raw animal foods during storage, preparation, and holding from:

(A) raw ready-to-eat food, and

(B) cooked ready-to-eat food;

(ii) separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, and holding, except when combined as ingredients, by:

(A) using separate equipment for each type of food;

(B) arranging each type of food in equipment so that cross-contamination of one type with another is prevented; and

(C) preparing each type of food at different times or in separate areas;

(iii) cleaning hermetically sealed containers of food of visible soil before opening;

(iv) protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(v) storing and segregating damaged, spoiled, or recalled food in designated areas within the microenterprise home kitchen that are separated from food, equipment, utensils, linens, and single-service and single-use articles; and

(vi) separating fruits and vegetables before they are washed from ready-to-eat food;

(l) raw fruits and vegetables are thoroughly washed in potable water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form;

(m) food is prepared, handled, or stored only in kitchen and food storage areas except when cooking in an open-air barbeque, grill, or outdoor wood-burning oven as permitted;

(n) except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the microenterprise home kitchen, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar are identified with the common name of the food;

(o) animals are kept outside of food preparation and storage areas;

(p) food and food contact surfaces are protected from physical hazards such as broken glass, hair or fur, and metal or wood debris;

(q) ready-to-eat food is protected from contamination during storage, preparation, handling, and transport;

(r) ready-to-eat TCS food sold outside of the microenterprise home kitchen is maintained at the proper holding temperature as required in Subsection R392-106-11(3);

(s) prior to consumption, the operator or employee provides written or verbal notification to the consumer if a food contains one or more common food allergens; and

(t) food is protected from contamination that may result from a factor or source not specified elsewhere in this rule.

(5) Nothing in this rule relinquishes the authority of the Utah Department of Agriculture and Food to administer the state meat, poultry, and poultry products inspection program at a level at least equal to the standards imposed under 21 U.S.C. Sections. 451 to 695.

Utah Admin. Code R392-106-10

Adopted by Utah State Bulletin Number 2021-23, effective 11/16/2021