Section R392-106-5 - Microenterprise Home Kitchen Permit Requirements(1) An operator shall operate a microenterprise home kitchen only after obtaining a valid permit to operate issued by a local health department that has jurisdiction over the geographical area in which the home kitchen is located.(2) An operator shall only qualify for a microenterprise home kitchen permit if: (a) food that is served at the microenterprise home kitchen is processed in compliance with state and federal regulations; and(b) the microenterprise home kitchen operates only during the hours approved in the microenterprise home kitchen permit.(3) A local health department shall impose a fee for a microenterprise home kitchen permit in an amount that reimburses the local health department for the cost of regulating the microenterprise home kitchen.(4)(a) Until July 1, 2022, the number of microenterprise home kitchen permits issued by a local health department may not exceed: (i) for a county of the first or second class, 15% of the total number of permits issued by the local health department to food service establishments as defined in Section 26-15a-102; or(ii) for a county of the third through sixth class, 70% of the total number of permits issued by the local health department to food service establishments as defined in Section 26-15a-102.(b) For a local health department with jurisdiction over two or more counties, the permit limitation established under Subsection (4)(a) shall be calculated separately for each county within the local health department's jurisdiction.(c) After July 1, 2022, the requirements relating to permit limits as specified in Subsection (4) are repealed.(5) An operator applying for a microenterprise home kitchen permit shall provide to the local health department: (a) a written application with a statement of consent to enter the premises where food is prepared, cooked, or stored for the microenterprise home kitchen; and(b) written standard operating procedures that include: (i) food and food types that will be stored, handled, and prepared;(ii) the proposed procedures and methods of food preparation and handling;(iii) procedures, methods, and schedules for cleaning utensils and equipment;(iv) procedures and methods for the disposal of refuse; and(v) a plan for maintaining time or temperature control food at the appropriate temperatures for each TCS food.(6) A local health officer may require local health department approval of the procedures and plans specified in Subsection (5)(b) before issuing a microenterprise home kitchen permit.(7) In addition to a fee charged under Subsection (3), if the local health department is required to inspect the microenterprise home kitchen as a source of an adulterated food or an outbreak of illness caused by a contaminated food and finds, as a result of that inspection, that the microenterprise home kitchen has produced an adulterated food or was the source of an outbreak of illness caused by a contaminated food, the local health department may charge and collect from the microenterprise home kitchen a fee for that inspection.(8) The operator shall ensure that a microenterprise home kitchen permit: (a) is not transferred to a location that is different from the microenterprise home kitchen described in the application and plans submitted as required in Subsection (5);(b) is renewed on an annual basis until the operator discontinues microenterprise home kitchen operations; and(c) is restricted to the location and hours listed on the permit application.(9) Nothing in this rule prevents a local health officer from revoking a microenterprise home kitchen permit issued by the local health department if the operation of the microenterprise home kitchen violates the terms of:(10) If a permit application is denied, or a permit is revoked, the microenterprise home kitchen 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, or requalify, for a permit.(11) In accordance with Subsection 26-15c-105(4) and this rule, the operator shall comply with the following permit requirements: (a) time or temperature control food shall be prepared, cooked, and served on the same day;(b) food that is sold or provided to a consumer may not be consumed onsite at the microenterprise home kitchen operation;(c) food that is sold or provided to a consumer shall be picked up by or delivered directly to the consumer: (i) in a manner that protects the food from contamination as required in Section R392-106-10; and(ii) in accordance with the time and temperature requirements specified in Section R392-106-11;(d) food preparation may not involve processes that require a HACCP plan, or the production, service, or sale of raw milk or raw milk products;(e) the operator may only sell or provide food directly to consumers and may not sell or provide food to any wholesaler or retailer;(f) molluscan shellfish may not be served or sold; and(g) the operator shall provide the consumer with a notification that, while a permit has been issued by the local health department, the kitchen may not meet all of the requirements of a commercial retail food establishment.(12) A local health department issuing a microenterprise home kitchen permit may not require submission of plans and specifications before construction or remodel of a kitchen facility except for the plans and procedures required in Subsection (5);(13) The local health officer shall ensure that: (a) a microenterprise home kitchen permit includes a statement that reads, "This location is permitted under modified FDA requirements."; and(b) the operator is provided the opportunity to update the information required in Subsection (5)(b) without requiring the operator to renew the permit.Utah Admin. Code R392-106-5
Adopted by Utah State Bulletin Number 2021-23, effective 11/16/2021