No. 42685 (New Rule): Rule R392-102. Food Truck Sanitation

(New Rule)

DAR File No.: 42685
Filed: 03/14/2018 11:05:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Food truck operators and local health departments have indicated a need for an improvement in the uniform operation and regulation of food trucks including the permitting process, plan reviews, inspections, construction, sanitary operations, and equipment requirements.

Summary of the rule or change:

This rule requires a food truck operator to adhere to uniform statewide standards for constructing, operating, and maintaining a food truck in a manner that safeguards public health and ensures that food is safe, unadulterated, and honestly presented when offered to the consumer. This rule sets uniform standards for the operation and regulation of food trucks.

Statutory or constitutional authorization for this rule:

Subsection 26-1-30(23)
Section 26-1-5
Subsection 26-1-30(9)
Section 26-15-2
Section 26-7-1

Anticipated cost or savings to:

the state budget:

Enacting Rule R392-102 will likely not result in a fiscal impact to the state budget due to the state not directly permitting or regulating food trucks, nor will this change the current work load for state employees.

local governments:

Enacting Rule R392-102 will likely result in a direct fiscal cost of $1,150 per year individually to local governments, particularly to the 13 local health departments, due primarily to a loss of revenue previously generated from fees for permits, plan reviews, and inspections. No other costs to local governments are anticipated. The aggregate annualized fiscal cost to local governments is anticipated to be approximately $15,000.

small businesses:

Enacting Rule R392-102 will likely result in a direct fiscal benefit to small businesses due to proposed changes in permit fees, as well as uniform standards for the operation and regulation of food trucks, inspections, plan reviews, construction, sanitary operations, and equipment requirements, as well as simplification of the process of obtaining additional permits. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. The approximate expected benefit to each affected small business in the first year after implementation of this proposed rule is $1,325 with an ongoing savings of $1,325 for each year thereafter. The aggregate annualized fiscal benefit to small business is anticipated to be approximately $100,700.

persons other than small businesses, businesses, or local governmental entities:

This proposed rule is not expected to have fiscal impacts on persons other than small businesses because all of the affected persons are small businesses. For the purposes of fiscal analysis of this proposed rule, the Department of Health (Department) considered individual food truck owners as self-employed small business owners. This proposed rule does not contain any fiscal or regulatory requirements for food truck associations, leagues, or other private food truck organizations.

Compliance costs for affected persons:

Because this proposed rule seeks to simplify the process of obtaining additional food truck permits, and because it will likely result in a fiscal benefit to food truck operators, some non-mobile food service establishments may experience an indirect fiscal impact. However, the fiscal cost to non-mobile food service businesses is inestimable because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule is proposed in accordance with S.B. 250 passed in the 2017 General Session and in consultation with local health departments. Previously, food trucks were generally governed by Rule R392-100. S.B. 250 required local governments to establish a truck/card licensing process; reciprocity in fees, permits and inspection; address food truck/cart events that require permitting; and the creation of a Utah Fire Prevention Board with authority to inspect food trucks/carts. Local health departments, in cooperation with the Department, determined that the best way to comply with the statutory requirements was to support an administrative rule adopted by the Department that could be uniformly followed by all affected local governments and municipalities. Small business food truck operators will benefit fiscally from this rule because it simplifies the permitting process and sets uniform standards for the operation and regulation of food trucks, inspections, plan reviews, construction, sanitary operations, and equipment requirements. The Department originally published the proposed rule in the December 1, 2017, Utah State Bulletin. However, based on the comments submitted to the Department, the program has chosen to make changes to the proposed rule. The changes to this proposed rule are substantive, therefore the Department must republish and seek comment on this new version of the proposed rule. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. Small business food truck operators will benefit fiscally from this rule because it simplifies the permitting process and there is no relevant available data applicable to other types of businesses which do not operate food trucks. The approximate expected benefit to each affected small business in the first year after implementation of the proposed rule is $1,325 with an ongoing savings of $1,325 for each year thereafter. The aggregate annualized fiscal benefit to small businesses is anticipated to be approximately $100,700. (EDITOR'S NOTE: The proposed Rule R392-102 that was under Filing No. 42321 published in the December 1, 2017, Bulletin has been allowed to lapse.)

Joseph K. Miner, MD, Executive Director

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:

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

Local Government

$15,000

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

$15,000

Fiscal Benefits

State Government

Local Government

Small Businesses

$100,700

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

$100,700

Net Fiscal Benefits:

$85,700

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

Appendix 2: Regulatory Impact to Non-Small Businesses

There are no non-small businesses identified in Utah that will be impacted by this proposed rule.

R392. Health, Disease Control and Prevention, Environmental Services.

R392-102. Food Truck Sanitation.

R392-102-1. Authority and Purpose.

(1) This rule is authorized under Sections 26-1-5, 26-1-30(9) and (23), 26-7-1, and 26-15-2.

(2) This rule requires a food truck operator to adhere to uniform statewide standards for constructing, operating, and maintaining a food truck in a manner that safeguards public health - including risk factors contributing to injury, sickness, death, and disability - and ensures that food is safe, unadulterated, and honestly presented when offered to the consumer.

(3) This rule establishes uniform standards for the regulation of food trucks, including the permitting process, plan reviews, inspections, construction, sanitary operations, and equipment requirements, which provide for the prevention and control of health hazards associated with food trucks that are likely to affect public health.

R392-102-2. Definitions.

(1) "Catering operation", as defined in this rule, means a food truck that contracts with a client for food service to be provided to the client or the client's guests or customers at a private event on private property. A catering operation does not include services routinely provided at the same location, or meals that are purchased individually by guests or customers.

(2) "Commissary" means a food service establishment permitted by a local health department according to Rule R392-100 to which a food truck operator may return regularly to perform functions necessary for sanitary operations including:

(a) food preparation and boarding onto the food truck;

(b) hot and cold holding of time/temperature controlled for safety (TCS) foods;

(d) disposal of solid and liquid wastes;

(e) equipment and utensil cleaning and sanitizing;

(f) vehicle cleaning;

(g) refilling of water tank(s) with potable water; and

(h) utilizing electrical power sources.

(3) "FDA Food Code" or "Food Code" means the most recent FDA Model Food Code as adopted by reference with amendments in Rule R392-100. When FDA Food Code is referenced in this rule, the term 'establishment' or 'food establishment' used in the FDA Food Code shall be synonymous with 'food truck' as defined in this rule.

(4) "Food cart" means:

(a) a cart that is not motorized; and

(b) that a vendor, standing outside of the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption; or

(c) a motor vehicle that a vendor, standing outside of the frame of the vehicle, uses to sell or serve prepackaged food or beverages for human consumption.

(5) "Food processing plant" means a commercial operation inspected by a regulatory authority, such as the United States Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), or the Utah Department of Agriculture and Food (UDAF), that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments. A food processing plant does not include a food establishment.

(6) "Food service establishment" means an operation that:

(a) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; and

(b) relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

(7)(a) "Food truck" means a fully encased food service establishment:

(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

(b) "Food Truck" does not include a food cart, a shaved ice establishment, or an ice cream truck.

(8) "Food truck operator" or "operator" means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck.

(9) "Food truck employee" means a person working with unpackaged food, food equipment or utensils, or food contact surfaces in a food truck.

(10) "Ice cream truck" means a fully encased food service establishment:

(a) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;

(b) from which a vendor, from within the frame of the vehicle, serves prepackaged ice cream products;

(c) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and

(d) that may stop the vehicle to serve packaged ice cream products at the signal of a patron.

(11) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

(12) "Local health department" has the same meaning as provided in Section 26A-1-102(5).

(13) "Local health officer" means the director of the jurisdictional local health department or a designated representative.

(14) "Person in charge" means the individual present at a food truck who is responsible for its operation at the time of the inspection.

(15) "Potentially hazardous food (PHF)" or "Time/temperature control for safety food (TCS)" has the same meaning as described in the FDA Food Code.

(16) "Primary permit" means a health permit issued by a local health department to operate a food truck within the jurisdiction of the local health department wherein the majority of the food truck's operations take place.

(17) "Sanitized" means the application of cumulative heat or chemicals on cleaned food, ice, or potable water contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

(18) "Shaved ice establishment" means a facility that would normally be classified as a food truck as defined in this rule that serves only shaved ice with flavored syrups and other toppings approved by the local health officer, and is operating from a fixed, single location without moving offsite throughout the entire operating season.

(19) "Secondary permit" means a health permit issued by a local health department to operate a food truck within the jurisdiction of the local health department to a food truck operator who has a current primary permit from another local health department within the state.

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) A food truck operator shall use a commissary unless exempted by the local health officer issuing a primary permit as described in Section R392-102-5.

(3) If a food truck commissary is required:

(a) The food truck operator shall use a commissary located within a local health jurisdiction approved by the local health department issuing the primary permit.

(b) The food truck operator must 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 department issuing the primary permit prior to the changes being implemented;

(c) The operator shall return the food truck to the commissary at a regular frequency, as determined and approved by the local health department issuing the primary permit;

(d) The operator must park the food truck at a location approved by the local health department issuing the primary permit at the end of daily operations;

(e) The operator shall document presence at the commissary on a log provided by the commissary operator according to the frequency determined and approved by the local health officer;

(i) The operator shall record the date, time in, time out, and initials.

(ii) The 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 operator must have access to, and the ability to utilize:

(i) a 3-compartment sink and other approved warewashing equipment;

(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 non-food contact

Surfaces with in the food truck.

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

(h) The food truck operator shall use a commissary which has an electrical outlet available for food truck use, if needed, when parked at the commissary;

(i) An electrical installation intended for food truck use at a commissary shall comply with applicable codes and ordinances including the state electrical code.

(ii) Not more than one food truck shall be served by one electrical outlet at a time.

(4) If a commissary's operating permit is revoked or suspended, all associated primary and secondary food truck permits shall be invalidated until the operating permit is reinstated or the food truck operator obtains a new commissary agreement at an approved location, at which point the primary and secondary food truck permits shall be reinstated with the original expiration date.

R392-102-4. Food Truck Permit Requirements.

(1) A person shall not operate a food truck without a valid permit to operate issued by a local health department.

(2) A food truck operator shall only operate a food truck 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 primary permit from the local health department wherein the majority of the food truck's operations will take place.

(3) In order to obtain a primary permit, a food truck operator shall:

(a) provide the following information to the local health department issuing the primary permit:

(i) name, title, contact information, and signature;

(ii) evidence of food safety manager certification as required in Subsection R392-102-4(19)

(iii) ownership status of the food truck (e.g. individual, partnership, corporation, etc.)

(iv) name of the food truck 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 food truck's vending location or route as well as days and hours of food truck operation;

(viii) a copy of the written commissary agreement as described in Subsection R392-102-3(3)(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 food truck; and shall

(b) pay a primary permit fee;

(d) complete necessary changes resulting from the review of plans, as required; and

(e) complete a pre-operational inspection, as described in Subsection R392-102-16(8).

(4) An issued primary permit shall include the following information:

(a) name of the issuing local health department;

(b) name of the permitted food truck, as provided on the application;

(d) expiration date;

(e) permit tier designation as described in Subsection R392-102-4(5)(b); and

(f) the written words, "Primary Permit".

(5)(a) Primary and secondary 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 food truck sanitation program.

(b) The local health department shall use a two-tier risk based assessment to determine an appropriate primary permit fee as follows:

(i) A primary permit shall be designated as "tier-one" when the food truck operator's menu includes fewer than three potentially hazardous foods, and when raw animal products are not included as a menu ingredient.

(ii) A primary permit shall be designated as "tier-two" when the food truck operator's menu includes three or more potentially hazardous foods, or when raw animal products are included as a menu ingredient.

(iii) The amount of a tier-one primary permit fee shall be reduced, as compared to a tier-two primary permit fee, to account for the lower regulatory burden.

(6) If an application for a primary permit is denied, the food truck 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 primary permit.

(7) A food truck operator shall obtain a secondary permit before operating a food truck in any local health department jurisdiction other than the jurisdiction of the local health department that issued the primary permit as described in Subsection R392-102-4(2)(b).

(8) In order to obtain a secondary permit, a food truck operator shall:

(a) provide the following information to the local health department issuing the secondary permit:

(i) a copy of the primary permit;

(ii) a means whereby the local health department can determine the food truck's vending location or route as well as days and hours of food truck operation within the jurisdiction of the local health department issuing the secondary permit; and shall

(b) pay a secondary permit fee;

(9) An issued secondary permit shall contain the following information:

(a) name of the issuing local health department;

(b) name of the permitted food truck, as provided on the application;

(d) expiration date which shall be the same as the expiration date printed on the primary permit provided by the food truck operator as required in Subsection R392-102-4(8)(a)(i); and

(e) the written words, "Secondary Permit".

(10)(a) A secondary permit fee shall only be in an amount that reimburses the local health department for the cost of permitting and inspecting the food truck.

(b) A secondary permit fee shall be no more than one-half of a tier-one primary permit fee, and shall be the same regardless of expiration date of the primary permit.

(11) A local health department issuing a secondary permit may not:

(a) impose any additional permit conditions or qualifications on a food truck operator; or

(b) require a plan review or a pre-operational inspection before issuing or renewing the permit.

(12) When acting as a catering operation, a food truck operator may operate in a health department jurisdiction other than the jurisdiction of the health department that issued the primary permit without obtaining either a secondary food truck permit or a temporary food service permit, and without additional inspections from the local health department.

(13)(a) A food truck operator shall comply with permitting requirements as stated in Subsection R392-102-4(3) when renewing a primary permit, and Subsection R392-102-4(8) when renewing a secondary permit.

(b) If a food truck operator elects to renew a primary permit and any secondary permits, it shall be the duty of the operator to renew within thirty calendar days before the expiration date of the current permit.

(14)(a) If a local health officer suspends a primary food truck permit, the local health officer shall notify other applicable local health departments regarding the enforcement actions taken. Any secondary permits issued by other local health departments shall be rendered invalid until the suspended primary permit is reinstated.

(b) If a local health officer suspends a secondary food truck permit, no other permits, whether primary or secondary, from other local health jurisdictions shall be affected.

(15) To reinstate a suspended permit, a food truck operator shall:

(a) complete a pre-operational inspection with the local health department that suspended the permit, as described in Subsection R392-102-16(8), which shows that the food truck is back in compliance with this rule; and

(b) pay an inspection fee.

(16) A food truck 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:

(a) Failure of the application or plans to show that the food truck will be operated or maintained in accordance with the requirements of this rule;

(b) Submission of incorrect or false information in the application or plans;

(c) Failure to operate or maintain the food truck in accordance with the application, plans, and specifications approved by the local health department;

(d) Failure of the operator to allow the local health officer to conduct inspections as necessary to determine compliance with this rule;

(e) Failure of the operator to make the food truck available for inspection or to obtain an inspection according the frequency requirements detailed in Subsection R392-102(16)(9);

(f) Operation of the food truck in a way that causes or creates an imminent health hazard;

(g) Violation of any condition upon which the permit was issued; or

(h) Failure to pay a permit fee or inspection fee.

(17) A food truck operator shall post all issued health permits in a conspicuous location.

(18) A food truck permit may not be transferred from one food truck operator to another, from one food truck 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 primary permit has not approved the change.

(19) At least one food truck 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 Subsection R392-101-8(2) and Section 26-15a-105; and

(b) maintain proof of certification available for review by the local health officer upon request.

(20)(a) All food truck employees 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 operator shall maintain proof of food handler permit certification of employees and shall provide it to the local health officer upon request.

R392-102-5. Plan Review Requirements.

(1) A food truck operator shall submit to the local health department properly prepared plans and specifications for review and approval before:

(a) the construction of a food truck;

(b) the conversion of an existing vehicle or trailer to a food truck; or

(c) the remodeling of a food truck or a change of food truck type or change in foods served or food service operations which would necessitate a change in risk assessment as described in Subsection R392-102-4(5)(b).

(2) When applying for a primary permit for the first time, the operator of a newly constructed food truck, or food truck in pre-construction shall submit plans to the local health department, which include at least the following:

(a) a complete list of intended menu items;

(b) anticipated volume of food to be stored, prepared, and sold or served;

(d) plumbing schedule;

(e) mechanical schedule;

(f) dimensional floor plan;

(g) finish schedule for floors, walls, and ceilings;

(h) an equipment layout; and

(i) any additional information required by the local health officer.

(3) When applying for a primary permit for the first time, the operator of a retrofitted or existing food truck shall submit plans to the local health department, which may include the following:

(a) dimensional floor plan;

(b) an equipment layout, including the location of hand wash and food preparation sinks; and

(4)(a) Except when the food truck has undergone renovation or a change in ownership since the time of permit issuance, an additional plan review is not required before renewing a primary permit.

(b) When the food truck has undergone renovation or a change in ownership since the time of permit issuance, the operator shall comply with Subsection R392-102-5(3)

R392-102-6. Construction and Maintenance Requirements.

(1) Materials for indoor floor, wall, and ceiling surfaces of a food truck shall be:

(a) smooth, durable, and easily cleanable for areas where food is stored, prepared, held under temperature control, or served; and

(b) nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, servicing areas, and areas subject to flushing or spray cleaning methods.

(2) Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and be designed and constructed to allow easy cleaning and to facilitate maintenance.

(3) Exterior walls and roofs of a food truck shall be constructed of weather-resistant materials, and shall effectively protect the food truck interior from the entry of dust, debris, stormwater, insects, rodents, and other animals.

(4)(a) A food truck operator shall permanently display the business name on the exterior of the food truck in printed letters of at least four inches in height.

(b) The business name printed on the exterior of the food truck shall be the same as the business name or "dba" provided on the application required by Subsection R392-102-4(3)(a)(iv)

(5) Mats and duckboards shall be designed to be removable and easily cleanable.

(6) Physical facilities shall be maintained in good repair.

(7)(a) Physical facilities shall be cleaned as often as necessary to keep them clean.

(b) Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done during periods when the least amount of food is exposed such as after closing.

(8) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Section R392-102-8.

(9) Except as specified in Subsection R392-102-6(10), a food truck operator shall protect outer openings of a food truck against the entry of insects and rodents by:

(a) tight-fitting windows; and

(b) closed, solid, tight-fitting doors.

(10) If the windows or doors of a food truck are kept open for ventilation or food service, the openings shall be protected against the entry of insects and rodents by:

(a) 16 mesh to 1 inch screens; or

(b) other effective means approved by the local health officer.

(11)(a) Light intensity within the interior of the food truck shall be:

(i) at least 540 lux (50 foot candles) at any surface where a food truck employee works with food or utensils;

(ii) at least 215 lux (20 foot candles):

(A) in a toilet room; and

(B) inside equipment such as reach-in and under-counter refrigerators; and

(iii) at least 108 lux (10 foot candles) at a distance of 30 inches (75 cm) above the floor in walk-in refrigeration units and dry food storage areas.

(b) Light bulbs located in the food truck shall be shielded, coated, or otherwise shatter-resistant.

(12) Living quarters and shower or bathing facilities are prohibited on a food truck.

(13)(a) A food truck shall have at least one handwashing sink provided with hot and cold running water.

(b) A local health department issuing a primary permit may require the installation of one or more handwashing sinks as necessary for their convenient use by employees in the following areas:

(i) food preparation, food dispensing, and warewashing areas; and

(ii) in a toilet room.

(14)(a) A food truck shall have a 3-compartment sink installed with hot and cold water under pressure for manually washing, rinsing, and sanitizing equipment and utensils unless exempted by the local health department issuing a primary permit.

(b) Unless exempted, a 3-compartment sink shall meet the following requirements:

(i) the food truck must have sufficient onboard water storage capacity to fill all sink compartments without depleting water storage needed for food truck operations such as handwashing; and

(ii) sink compartments shall be large enough to accommodate immersion of in-use utensils.

R392-102-7. Water and Wastewater Requirements.

(1) A food truck operator shall ensure that potable water is available to a food truck during all hours of operation through:

(a) an onboard potable water storage tank which shall hold a minimum of 30 gallons as measured down from the inlet; or

(b) piping, tubing, or hoses connected to an adjacent potable water source under pressure as approved by the local health officer.

(i) The water supply type described in Subsection R392-102-7(1)(b) is allowed only when the food truck is concurrently connected to a public sanitary sewer system in a manner approved by the local health officer.

(2)(a) The water source and system shall be of sufficient capacity to meet the peak water demands of the food truck.

(b) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food truck.

(3) Materials that are used in the construction of a mobile water tank, food truck onboard water tank, and appurtenances shall be:

(a) safe;

(b) durable, corrosion resistant, and nonabsorbent;

(d) designed and intended only for use with potable water.

(4) An onboard water tank shall be:

(a) enclosed from the filling inlet to the discharge outlet;

(b) sloped to an outlet that allows complete drainage of the tank; and

(5) If an onboard water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and be:

(a) flanged upward at least 13 mm (one-half inch); and

(b) equipped with a port cover assembly that is:

(i) provided with a gasket and a device for securing the cover in place, and

(ii) flanged to overlap the opening and sloped to drain.

(6) A fitting with "V" type threads on an onboard water tank inlet or outlet shall be allowed only when a hose is permanently attached.

(7) If provided, an onboard water tank vent shall terminate in a downward direction and shall be covered with:

(a) 16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area; or

(b) a protective filter when the vent is in an area that is not protected from windblown dirt and debris.

(8)(a) A water tank and its inlet and outlet shall be sloped to drain.

(b) A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

(9)(a) A hose, pipe, or tube used for conveying potable water from a water tank shall be:

(i) safe;

(ii) durable, corrosion resistant, and nonabsorbent;

(iii) resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(iv) finished with a smooth interior surface;

(v) clearly and durably identified as to its use if not permanently attached; and

(vi) prohibited from use in any other service such as conveying wastewater or toxic chemicals.

(b) An operator shall only use a hose designed and intended to convey potable water when filling an onboard water tank as described in Subsection R392-102-7(1)

(10) A food truck operator shall install and maintain a filter that does not pass oil or oil vapors in the air supply line between the compressor and potable water supply system when compressed air is used to pressurize the water tank system.

(11)(a) A cap and keeper chain, closed cabinet, closed storage tube, or other protective cover or device approved by the local health officer shall be provided for a water inlet, outlet, and hose.

(b) The protective cover or device shall be used whenever the water tank or hose inlet and outlet fitting is not in use.

(12) A food truck's onboard water tank inlet shall be:

(a) 19.1 mm (three-fourths inch) in inner diameter or less; and

(b) provided with a hose connection of a size or type that will prevent its use for any other service.

(13) The operator shall flush and sanitize any water tank, pump, and hoses before placing into service after initial purchase, construction, repair, modification, and periods of nonuse of 30 days or more, and as often as necessary to maintain the equipment in clean and sanitary condition.

(14) A food truck operator shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

(15)(a) A wastewater holding tank in a food truck shall be:

(i) sized 15 percent larger in capacity than the water supply tank; and

(ii) sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve.

(b) Subsection R392-102-7(15(a)(i) does not apply to a potable water tank that is used only for beverage service on a food truck and is not connected to a wastewater holding tank.

(16) Wastewater shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of wastewater transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to:

(a) Plumbing Code;

(b) The Utah Department of Environmental Quality, Division of Water Quality under Title R317;

(d) the local sewer district having jurisdiction.

(17)(a) Wastewater and other liquid wastes shall be removed from a food truck at an approved commissary or a waste servicing area approved by the local health officer or by a wastewater transport vehicle in such a way that a public health hazard or nuisance is not created.

(b) A food truck operator shall thoroughly flush and drain a tank for liquid waste retention in a sanitary manner during the servicing operation.

(18) Wastewater or liquid waste conveyance lines that are not shielded to intercept drips shall be installed or located under food and food contact surfaces.

(19) The operator shall store potable water pipes, hoses, and tubes separately from wastewater pipes, hoses, and tubes in a manner that prevents cross contamination.

R392-102-8. Equipment Requirements.

(1) Materials that are used in the construction of utensils and equipment food contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be:

(a) safe;

(b) durable, corrosion-resistant, and nonabsorbent;

(d) finished to have a smooth, easily cleanable surface; and

(e) resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

(2)(a) Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

(b) Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

(3) Copper and copper alloys such as brass may not be used in contact with a food that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator.

(4) Hot oil filtering equipment shall be readily accessible for filter replacement and cleaning of the filter and meet the requirements of Subsection R392-102-8(1).

(5) Galvanized metal may not be used for utensils and food contact surfaces of equipment that are used in contact with acidic food.

(6) Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

(7)(a) Except as specified in (b), (c), and (d) of this section, wood and wood wicker may not be used as a food-contact surface.

(b) Hard maple or an equivalently hard, close-grained wood may be used for:

(i) cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(ii) wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110 degrees C (230 degrees F) or above.

(c) whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

(d) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

(i) untreated wood containers; or

(ii) treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood.

(8)(a) Multiuse food contact surfaces shall be:

(i) smooth;

(ii) free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;

(iii) free of sharp internal angles, corners, and crevices;

(iv) finished to have smooth welds and joints; and

(v) accessible for cleaning and inspection.

(9)(a) Equipment that is fixed in place because it is not easily movable shall be installed so that it is:

(i) spaced to allow access for cleaning along the sides, behind, and above the equipment;

(ii) spaced from adjoining equipment, walls, and ceilings a distance of not more than one millimeter or one thirty-second inch; or

(iii) sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

(b) counter-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

(i) sealed; or

(ii) elevated on legs to provide not less than four inches of clearance.

(10) Floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a six inch (15 centimeter) clearance between the floor and the equipment.

(11) Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.

(12) Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

(13) Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing. Sufficient space must be provided for storage of soiled and cleaned items that may accumulate during hours of operation, such as on drainboards, utensil racks, or tables.

(a) Soiled and clean items must be stored separately and in a manner that protects clean items from contamination.

(14) A plumbing fixture such as a handwashing sink or toilet shall be easily cleanable.

(15) Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity, and shall be capable of consistently maintaining food temperatures as specified under Section R392-102-12.

(a) The operator shall maintain an operational temperature-measuring device in each mechanically refrigerated unit.

(b) In a mechanically refrigerated or hot food storage unit, the sensor or thermometer shall be located to measure the ambient temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

(16) A food truck operator with a menu offering any potential hazardous foods shall equip the food truck with at least one readily accessible and properly calibrated food temperature measuring device.

(a) Food temperature measuring devices may not have sensors or stems constructed of glass unless the thermometer with a glass sensor or stem is encased in a shatterproof coating such a candy thermometer.

(b) Temperature measuring devices shall be easily readable.

(17) When manual warewashing of utensils or food-contact equipment is done on a food truck, the food truck operator shall provide a test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions.

(a) If hot water is used for sanitization in manual warewashing operations in a food truck, the sanitizing compartment of the sink shall be:

(i) Designed with an integral heating device that is capable of maintaining water at a temperature not less than 171 degrees F; and

(ii) Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.

(18)(a) Receptacles and waste handling units for refuse and recyclables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent.

(b) Receptacles and waste handling units for refuse and recyclables used with materials containing food residue and used outside the food truck shall be:

(i) designed and constructed to have tight-fitting lids, doors, or covers; and

(ii) maintained in good repair.

(c) Refuse and recyclables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

(d) Receptacles and waste handling units for refuse and recyclables shall be kept covered inside the food truck:

(i) if the receptacles and units contain food residue and are not in continuous use, or

(ii) after they are filled.

(19) Refuse and recyclables shall be removed from the food truck premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

(20) A food truck operator shall furnish or equip a food truck with adequate electrical power to ensure uninterrupted service.

R392-102-9. Requirements for Cleaning Equipment and Utensils.

(1) Equipment food-contact surfaces and utensils shall be clean to sight and touch.

(2) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

(3) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

(4) Equipment food-contact surfaces and utensils shall be cleaned and sanitized:

(a) before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry;

(b) Each time there is a change from working with raw foods to working with ready-to-eat foods;

(d) Before using or storing a food temperature measuring device; and

(e) At any time during the operation when contamination may have occurred.

(f) Equipment food contact surfaces and utensils shall be cleaned throughout the day at least every four hours if used with TCS food.

(g) Utensils and equipment contacting food that is not TCS shall be cleaned:

(i) At any time when contamination may have occurred;

(ii) At least every 24 hours;

(iii) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

(iv) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

(A) At a frequency specified by the manufacturer; or

(B) At a frequency necessary to preclude accumulation of soil or mold.

(5) The food-contact surfaces of cooking and baking equipment shall be cleaned at least every 24 hours. This section does not apply to hot oil cooking and filtering equipment.

(6) The cavities and door seals of microwave ovens shall be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure.

(7) Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

(8) Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

(9) The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.

(10) Washed utensils and equipment shall be rinsed, after cleaning and prior to sanitizing, so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures:

(a) Use of a distinct, separate water rinse after washing and before sanitizing if using:

(i) A 3-compartment sink, or

(ii) Alternative manual warewashing equipment equivalent to a 3-compartment sink as approved by the local health department issuing the primary permit.

(11) Equipment food-contact surfaces and utensils shall be sanitized before use after cleaning. Sanitizers and sanitizing operations shall meet the requirements in Section R392-102-10.

(12) After cleaning and sanitizing, equipment and utensils shall be air-dried or used after adequate draining.

(13) Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled.

(14)(a) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(i) maintained dry; and

(ii) used for no other purpose.

(b) Cloths in-use for wiping counters and other equipment surfaces shall be:

(i) held between uses in a container of chemical sanitizer solution at a concentration specified under Subpart 4-501.114 of the FDA Food Code; and

(ii) laundered daily.

(c) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

(d) Dry wiping cloths and the chemical sanitizing solutions specified in Subsection R392-102-9(14) in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

(e) Containers of chemical sanitizing solutions specified in Subsection R392-102-9(14)(b)(i) in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

(f) Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.

(15) Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

(16) Cleaned and sanitized equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(a) in a clean, dry location;

(b) where they are not exposed to splash, dust, or other contamination; and

(17) Clean and sanitized equipment and utensils shall be stored as specified under Subsection R392-102-8(13) and shall be stored:

(a) in a self-draining position that allows air drying; and

(b) covered or inverted.

(18) The wash, rinse, and sanitize solutions shall be maintained clean.

(19) Single-service and single-use articles may not be reused.

(20) Raw fruits and vegetables shall be thoroughly washed in 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.

R392-102-10. Requirements for Sanitizing Equipment and Utensils.

(1) Chemical sanitizers, including chemical sanitizing solutions generated on-site, and other chemical antimicrobials applied to food-contact surfaces shall:

(a) Meet requirements specified in 40 CFR 180.940 and 40 CFR 180.2020; and

(b) Be used in accordance with the EPA-registered label use instructions.

(2) Chlorine sanitizer solutions shall have a minimum concentration and temperature:

(a) of 25 to 49 mg/L at 120 degrees F,

(i) with an associated contact time of 10 seconds;

(b) of 50 to 99 mg/L at 100 degrees F, pH of 10 or less, or 75 degrees F, pH or 8 or less,

(i) with an associated contact time of 7 seconds; or

(i) with an associated contact time of 10 seconds.

(3) Iodine sanitizing solutions shall have a:

(a) Minimum temperature of 68 degrees F;

(b) pH of 5.0 or less of a pH no higher than the level for which the manufacturer specifies the solution is effective;

(d) Contact time of at least 30 seconds.

(4) Quaternary ammonium compound solutions shall:

(a) Have a minimum temperature of 75 degrees F;

(b) Have a concentration as indicated by the manufacturer's use directions included in the labeling;

(c) Be used only in water with 500 mg/L hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; and

(d) Have a contact time of at least 30 seconds.

(5) Hot water sanitization, without the use of chemicals, shall be accomplished by:

(a) Manual immersion for at least 30 seconds in water held at a minimum temperature of 171 degrees F or higher;

(b) Being cycled through equipment which:

(i) the temperature of the sanitizing rinse as it enters the manifold may not be more than 194 degrees F or less than 165 degrees F for stationary racks or 180 degrees F for all other machines; and

(ii) achieves a utensil surface temperature of 160 degrees F as measured by an irreversible registering temperature indicator.

R392-102-11. Food Safety Requirements.

(1)(a) Food shall be safe, unadulterated, and honestly presented.

(b) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

(c) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

(2) Food shall be obtained from sources that comply with Rule R392-100.

(3) Food prepared in a private home or any structure or dwelling designed, constructed, or intended for human occupancy shall not be used in a food truck or offered from a food truck for human consumption.

(4) Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(5) Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

(6) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in 21 CFR 101.17(h).

(a) Eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified Rule R70-410.

(b) Egg products shall be obtained pasteurized.

(c) Pasteurized eggs or egg products shall be 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.

(i) Raw, unpasteurized eggs may be used in recipes that will not be cooked if the food truck has obtained a variance from the primary permit issuer, which variance is based on a commissary HACCP plan; and

(ii) The local health officer may revoke or suspend a permit and variance if the commissary HACCP plan is not being followed.

(7) Fluid milk and milk products shall be obtained from sources that comply with grade A standards as specified in Rule R70-310.

(8) Fish and molluscan shellfish that are received for sale or service shall be commercially and legally caught or harvested.

(a) Molluscan shellfish that are recreationally caught may not be received for sale or service.

(b) Molluscan shellfish, shucked shellfish and shellstock shall comply with 3-202.17, 3-202.18, 3-203.11, and 3-203.12 of the 2013 FDA Food Code as adopted in Rule R392-100.

(c) When received by a food truck, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock, or those with badly broken shells, shall be discarded.

(9) Mushroom species picked in the wild shall not be offered for sale or service by a food truck.

(10) If game animals are received for sale or service they shall meet the requirements of 3-201.17 of the 2013 FDA Food Code as adopted and amended in Rule R392-100.

(11) Ice for use as a food or a cooling medium shall be made from drinking water.

(12) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(13) Ice may not be used as food after use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment.

(14) Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized as specified in Sections R392-102-9 and R392-102-10 or single-service and single-use articles.

(a) Linens, such as cloth napkins, shall not be used in contact with food.

(15)(a) Except as specified in (b) and (c) of this subsection, food shall be protected from contamination by storing the food:

(i) in a clean, dry location;

(ii) where it is not exposed to splash, dust, or other contamination; and

(iii) at least six inches (15 cm) above the floor.

(b) Pressurized beverage containers and cased food in waterproof containers such as bottles or cans may be stored on a floor that is clean and not exposed to floor moisture.

(c) Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods.

(16) Food shall not be stored:

(a) in toilet rooms;

(b) under sewer lines;

(d) under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed; or

(e) under other sources of contamination.

(17) Food shall be protected from cross contamination by:

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

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

(ii) cooked ready-to-eat food;

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

(i) using separate equipment for each type; or

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

(iii) preparing each type of food at different times or in separate areas.

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

(e) Storing and segregating damaged, spoiled, or recalled food in designated areas within the food truck that are separated from food, equipment, utensils, linens, and single-service and single-use articles.

(f) Separating fruits and vegetables before they are washed from ready-to-eat food.

(18) Food shall be protected from contamination that may result from a factor or source not specified in this section.

(19) 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 food truck, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food.

(20) Food shall be protected from contamination that may result from the addition of:

(a) unsafe or unapproved food or color additives; and

(b) unsafe or unapproved levels of approved food and color additives.

(21) An operator shall not:

(a) Apply sulfating agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or

(b) Except for grapes, serve or sell food specified under the previous subsection (21)(a) of this section that is treated with sulfating agents before receipt by the food truck.

(22)(a) A food truck operator shall not prepare food on a food truck using "specialized processing methods" as described in the currently adopted FDA Food Code incorporated by reference in Rule R392-100. A food truck operator may not obtain a variance from a local health officer to use specialized processing methods on a food truck.

(b) A food truck operator shall remove time/temperature controlled for safety (TCS) food from reduced oxygen packaging before holding or storing the food in a temperature controlled environment on a food truck.

(23) Food shall be protected from contamination that may result from a factor or source not specified elsewhere in this rule.

R392-102-12. Food Temperature Requirements.

(1)(a) Refrigerated, potentially hazardous food shall be at a temperature of 5 degrees C (41 degrees F) or below when received at the food truck from a commissary or other approved source.

(b) Raw eggs shall be received at the food truck from a commissary or other approved source in refrigerated equipment that maintains an ambient air temperature of 7 degrees C (45 degrees F) or less.

(c) Potentially hazardous food that is cooked to a temperature and for a time specified under Subparts 3-401.11 to 3-401.13 of the FDA Food Code and received hot at the food truck from a commissary or other approved source shall be at a temperature of 57 degrees C (135 degrees F) or above.

(d) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen at the food truck from a commissary or other approved source.

(e) Upon receipt at the food truck from a commissary or other approved source, potentially hazardous food shall be free of evidence of previous temperature abuse.

(2) Any food requiring cooking, freezing, or reheating before service shall be cooked, frozen, or reheated as required in Part 3-4 of the FDA Food Code.

(3) Stored frozen foods shall be maintained frozen. Commercially processed foods which are labeled to be kept frozen must be kept frozen until cooked or served.

(a) Commercially processed foods labeled to be kept frozen may be thawed under refrigeration at 41 degrees F or below in accordance with Subsection R392-102-12(4) if:

(i) Records are kept or date marking used indicating when the food entered refrigeration; and

(ii) Discarded seven days after entering the refrigerator.

(4) Any food requiring thawing shall be thawed as required in Subpart 3-501.13 of the FDA Food Code.

(5) Any food requiring cooling shall be cooled in the commissary as required in Subparts 3-501.14 and 3-501.15 of the FDA Food Code. The operator shall not cool cooked time/temperature control for safety (TCS) food on the food truck unless exempted by the local health officer issuing the primary permit.

(6) Except during preparation, cooking, or cooling time/temperature control for safety food (TCS) shall be maintained:

(a) at 57 degrees C (135 degrees F) or above, or

(b) at 5 degrees C (41 degrees F) or less.

(7)(a) Ready-to-eat, TCS food prepared and held for more than 24 hours at a temperature of 5 degrees C (41 degrees F) or less in a food truck shall be clearly marked to indicate the date or day by which the food shall be consumed, sold, or discarded, which date shall be a maximum of 7 days from the date of preparation, with the day of preparation being counted as Day 1.

(b) Ready-to-eat, TCS food prepared and packaged by a food processing plant and is opened and held for more than 24 hours at a temperature of 5 degrees C (41 degrees F) or less in a food truck,shall be clearly marked at the time the original container is opened in a food truck to indicate the date or day by which the food shall be consumed, sold, or discarded, with the day the original container is opened being counted as Day 1, and

(i) The day or date marked by the food truck may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.

(8) A refrigerated, ready-to-eat time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.

(9) A food specified in Subsection R392-102-12(7) shall be discarded if it:

(a) exceeds the temperature and time combination specified in Subsection R392-102-12(7), except time that the product is frozen;

(b) is in a container or package that does not bear a date or day; or

(c) is appropriately marked with a date or day that exceeds a temperature and time combination as specified in Subsection R392-102-12(7).

R392-102-13. Poisonous or Toxic Materials.

(1) Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.

(2) Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.

(3) Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(a) separating the poisonous or toxic materials by spacing or partitioning; and

(b) locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles.

(4) Only those poisonous or toxic materials that are required for the operation and maintenance of a food truck, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food truck.

(5) Poisonous or toxic materials shall be:

(a) used according to:

(i) Rule R392-100 and local health department regulations,

(ii) manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food establishment,

(iii) the conditions of certification for use of the pest control materials, and

(iv) additional conditions that may be established by the local health officer; and

(b) applied so that:

(i) a hazard to employees or other persons is not constituted, and

(ii) contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented. This is achieved by:

(A) removing the items,

(B) covering the items with impermeable covers, or

(D) cleaning and sanitizing equipment and utensils after the application.

(6) The food truck shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the food truck by:

(a) routinely inspecting incoming shipments of food and supplies;

(b) routinely inspecting the food truck for evidence of pests;

(c) using pest management methods, if pests are found, such as trapping devices, eliminating harborage, or other means of pest control.

(7) Restricted use pesticides shall not be used in a food truck.

(8) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.

(9) Rodent bait shall be contained in a covered, tamper-resistant bait station.

(10) Tracking powder may not be used inside of a food truck unless the powder is non-toxic, such as flour or talcum powder, and is used in such a manner that it cannot contaminate food, equipment, utensils, linens, and single-service or single-use articles.

R392-102-14. Personal Cleanliness and Protection from Contamination.

(1) Food truck employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.

(2) Food truck employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

(3) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.

(4) Food truck employees shall keep their hands and exposed portions of their arms clean using the cleaning procedure specified in Subpart 2-301.12 of the FDA Food Code immediately before engaging in handling of food or clean equipment and utensils and:

(a) after touching bare human body parts other than clean hands and clean, exposed portions of arms;

(b) after using the toilet room;

(d) after handling soiled equipment or utensils;

(e) during food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;

(f) when switching between working with raw food and working with ready-to-eat food;

(g) before donning gloves to initiate a task that involves working with food; and

(h) after engaging in other activities that contaminate the hands.

(5) The operator shall supply each handwashing sink with:

(a) a supply of hand cleaning liquid, powder, or bar soap; and

(b) individual, disposable towels and an associated waste receptacle;

(d) a heated air hand drying device; or

(e) a hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperature.

(6) Near each handwashing sink in a conspicuous location, the operator shall place a sign or poster that notifies food truck employees to wash their hands.

(7) Food truck employees shall clean their hands in a handwashing sink and may not clean their hands in a sink used for food preparation or warewashing.

(8) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

(a) be applied only to hands that are cleaned as specified in Subsection R392-102-14(4); and

(b) comply with the requirements of 2-301.16 of the FDA Food Code.

(c) Except as temporarily allowed by the health officer, the use of a hand antiseptic shall not replace the requirement for hand washing in Subsection R392-102-14(4).

(9) Food truck employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.

(10) Unless wearing intact gloves in good repair, a food truck employee may not wear fingernail polish or artificial fingernails when working with exposed food.

(11) Except for a plain ring such as a wedding band, food truck employees may not wear jewelry including medical information jewelry on their arms and hands.

(12) Food truck employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(13) Food truck employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

(14) Food truck employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles

(15) A food truck employee may not use a utensil more than once to taste food that is to be sold or served.

(16) Toilet rooms shall:

(a) have a supply of toilet tissue available at each toilet;

(b) be conveniently located and accessible to employees during all hours of operation;

(d) be completely enclosed and provided with a tight-fitting door. Except during cleaning and maintenance operations, toilet room doors shall be kept closed.

R392-102-15. Supervision, Employee Health, and Contamination Events.

(1) The operator shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food truck during all hours of operation.

(2) Based on the risks inherent to the food truck operation, during inspections and upon request the person in charge shall demonstrate to the local health officer knowledge of foodborne disease prevention and the requirements of this rule. The person in charge shall demonstrate this knowledge by:

(a) Complying with the requirements of this rule;

(b) Being certified in food safety management according to the requirements of Rule R392-101; or

(3) The person in charge shall ensure that:

(a) Food truck operations are not conducted in a private home or in a room used as living or sleeping quarters;

(b) Persons unnecessary to the food truck operation are not allowed in the food truck;

(d) Employees are effectively cleaning their hands;

(e) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the proper temperatures, protected from contamination, unadulterated, and accurately presented, and are placing foods into appropriate storage locations;

(f) Employees are properly cooking TCS food;

(g) Employees are using proper methods to rapidly cool TCS food;

(h) Consumers who order raw or partially cooked TCS food of animal origin are informed that the food is not cooked sufficiently to ensure its safety;

(i) Employees are properly sanitizing cleaned equipment and utensils;

(j) Employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils;

(k) Employees are properly trained in food safety, including food allergy awareness;

(l) Employees are informed in a verifiable manner of their responsibility to report, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under Subsection R392-102-15(4); and

(m) Written procedures and plans, where required in this rule or by the local health officer, are maintained and implemented as required.

(4) The operator, person in charge, and employees shall abide by Subpart 2-201 of the FDA Food Code in reporting of diseases, symptoms, and the exclusion or restriction of those working in the food truck.

(5) A food truck shall have procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food truck. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.

R392-102-16. Inspections, Corrective Actions, and Prevention of Foodborne Disease.

(1) All food trucks shall meet the requirements of this rule. Food trucks are exempt from the requirements of Rule R392-100, Food Service Sanitation, unless otherwise stated in this rule.

(2) Upon presenting proper identification and providing notice of the intent to conduct an inspection, the operator shall allow the local health officer to determine if the food truck is in compliance with this rule by allowing access to the food truck, allowing inspection, and providing information and records specified in this rule during the food truck's hours of operation and other reasonable times.

(3) If an operator denies access to the local health officer, the local health officer shall:

(a) Inform the operator that:

(i) The operator is required to allow access to the local health officer as specified under Subsection R392-102-16(1),

(ii) Access is a condition of the acceptance and retention of a permit to operate as specified under Section R392-102-4, and

(iii) If access is denied, an order issued by an appropriate authority allowing access may be obtained; and

(b) Make a final request for access.

(c) If access continues to be refused, the local health officer shall provide details of the denial of access on an inspection report form.

(4) The local health officer shall document on an inspection report form:

(a) Administrative information about the food truck's legal identity, street and mailing addresses, permit tier designation as specified under Section R392-102-4, inspection date, and other information including the type of water supply, sewage disposal, status of the permit, and personnel certificates of food safety management and training; and

(b) Specific factual observations of noncompliant conditions or other deviations from this rule that require correction by the operator including:

(i) Failure of the operator to demonstrate the knowledge of foodborne illness prevention, and

(ii) Failure of employees and the operator to report a disease or medical condition; and

(5) At the conclusion of the inspection the local health officer shall provide a copy of the completed inspection report and the notice to correct violations to the operator or to the person in charge, and request a signed acknowledgement of receipt.

(a) The local health officer shall inform a person who declines to sign an acknowledgement of receipt of inspectional findings that:

(i) An acknowledgment of receipt is not an agreement with findings;

(ii) Refusal to sign an acknowledgement of receipt will not affect the operator's obligation to correct the violations noted in the inspection report within the time frames listed; and

(iii) A refusal to sign an acknowledgement of receipt is noted in the inspection report and conveyed to the historical record for the food truck.

(iv) The local health officer shall make a final request that the person in charge sign an acknowledgement of receipt of inspectional findings.

(6) The local health officer shall treat the inspection report as a public document and shall make it available for disclosure.

(7) An operator shall immediately discontinue operations and notify the local health department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstances that may endanger public health.

(a) If operations are discontinued as required by the local health officer or in response to an imminent health hazard as specified in Subsection R392-102(16)(7), the operator shall obtain approval from the local health officer before resuming operations.

(8) A local health department issuing the primary permit, or reinstating a suspended primary or secondary permit, may conduct one or more preoperational inspections to verify that the food truck is constructed and equipped in accordance with the approved plans and approved modifications of those plans, and is in compliance with this rule.

(9)(a) A local health officer may periodically conduct operational onsite inspections of a food truck to determine continued compliance with this rule.

(b) For each year that a primary permit is issued to a food truck operator, the local health department that issued the permit shall conduct a minimum of one inspection of a food truck with a primary permit, regardless of tier designation as described in Subsection R392-102-4(5)(b).

(c) Any local health department that issues a secondary permit to a food truck operator may conduct a minimum of one onsite inspection prior to permit expiration.

(d) The local health department shall periodically inspect throughout its permit period a food truck operating only with a temporary food establishment permit that prepares, sells, or serves unpackaged time/temperature control for safety food and that has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, potable water supply, waste retention and disposal, and insect and rodent control.

(10) A local health officer may conduct follow-up inspections, as needed, to ensure the timely resolution of inspection findings.

(11) The local health officer shall make the operator aware of inspectional findings both during, and at the conclusion of, the inspection as well as strategies for achieving compliance. Repeat violations may prompt further compliance and enforcement actions.

KEY: food trucks, mobile foods, sanitation, public health

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-1-30(9); 26-1-30(23); 26-7-1; 26-15-2

Visit the Official Version

Document Information

Effective Date:

5/8/2018

Publication Date:

04/01/2018

Type:

Notices of Proposed Rules

Filed Date:

03/14/2018

Agencies:

Health, Disease Control and Prevention, Environmental Services

Rulemaking Authority:

Subsection 26-1-30(23)

Section 26-1-5

Subsection 26-1-30(9)

Section 26-15-2

Section 26-7-1

Authorized By:

Joseph Miner, Executive Director

DAR File No.:

42685

Summary:

CodeNo:

R392-102

CodeName:

Food Truck Sanitation

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 Notice of Proposed Rule 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/2018/b20180401.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. Text to be deleted is struck through and surrounded by brackets ([example]). Text ...

Related Chapter/Rule NO.: (1)

R392-102. Food Truck Sanitation