No. 43436 (5-year Review): Rule R392-101. Food Safety Manager Certification  

  • DAR File No.: 43436
    Filed: 12/12/2018 08:12:48 AM

    NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

    Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

    Rule R392-101 is authorized under Section 26-15a-103, which requires the Department of Health (Department) to establish statewide uniform standards for certified food safety managers by rule, and to approve food safety certification examinations.

    Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

    The Department sought comments from the local health departments in Utah, as well as local and national restaurant associations, and food safety manager training providers located in Utah. The Department received no comments in opposition to a continuation of Rule R392-101. Two individuals from one local health department (Davis County Health Department) provided comments, asking the Department to consider a revision of select regulatory requirements as summarized: 1) Section R392-101-3 uses an outdated term ("potentially hazardous food"). To be consistent with Rule R392-100, this term should be replaced with the term "Time/Temperature Control for Safety Food". 2) This rule should require an examinee to demonstrate knowledge that bare hand contact is prohibited with ready-to-eat food. 3) This rule should require an examinee to demonstrate knowledge in the practice of using time as a public health control. 4) This rule should state the authority of a local health officer to deny, revoke, or suspend a food safety manager certificate for specific conditions stated in the rule. 5) Subsection R392-101-4(2) is too vague. This rule should clearly specify the process of instructor certification. 6) The regulatory provisions under Section R392-101-7 are confusing and unclear. The various local health departments are implementing the requirements in many different ways, which is causing confusion and complaints from food safety managers. 7) The rule exemptions listed in this rule are not as comprehensive as the exemptions listed in Section 26-15a-10, nor does this rule make reference to that statutory provision.

    Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

    The Department recommends the continuation of Rule R392-101, Food Safety Manager Certification. This rule complies with statute by accomplishing the following important functions: 1) it establishes statewide uniform standards for certified food safety managers; 2) it defines the examination content required to ensure an examinee demonstrates sufficient knowledge in food protection management; and 3) it facilitates the implementation of the Food Safety Manager Certification Act. The Department received no comments in opposition to the continuation of R392-101. Therefore, this rule should be continued.

    The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

    Health
    Disease Control and Prevention, Environmental Services
    CANNON HEALTH BLDG
    288 N 1460 W
    SALT LAKE CITY, UT 84116-3231

    Direct questions regarding this rule to:

    Effective:

    12/12/2018

    Authorized by:

    Joseph Miner, Executive Director


Document Information

Effective Date:
12/12/2018
Publication Date:
01/01/2019
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
12/12/2018
Agencies:
Health, Disease Control and Prevention, Environmental Services
Authorized By:
Joseph Miner, Executive Director
DAR File No.:
43436
Summary:
The Department sought comments from the local health departments in Utah, as well as local and national restaurant associations, and food safety manager training providers located in Utah. The Department received no comments in opposition to a continuation of Rule R392-101. Two individuals from one local health department (Davis County Health Department) provided comments, asking the Department to consider a revision of select regulatory requirements as summarized: 1) Section R392-101-3 uses ...
CodeNo:
R392-101
CodeName:
{31023|R392-101|R392-101. Food Safety Manager Certification}
Link Address:
HealthDisease Control and Prevention, Environmental ServicesCANNON HEALTH BLDG288 N 1460 WSALT LAKE CITY, UT 84116-3231
Link Way:

Chris Nelson, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R392-101. Food Safety Manager Certification.