No. 29722: R392-100. Food Service Sanitation

DAR File No.: 29722
Filed: 03/22/2007, 01:05
Received by: NL

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:

This rule is authorized by Subsection 26-1-30(2) and Section 26-15-2. Subsection 26-1-30(2)(u) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of restaurants and all other places where food is handled for commercial purposes, sold, or served to the public. Section 26-15-2 outlines the minimum rules of sanitation to be established by the Department of Health, including restaurants and all places where food or drink is handled, sold, or served to the public.

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

While the Bureau of Epidemiology has not received comments opposing the rule, comments have been received from Local Health Departments, Local Environmental Health Directors, and the food code revision work group regarding different aspects of the rule. All comments were responded to as part of our process to develop modifications to the rule. In August of 2005, the U.S. Food and Drug Administration (FDA) released the update of its model code as the 2005 FDA Food Code. Comments received from the local health departments indicate a desire for the state rule to be updated to include provisions now included in the 2005 model FDA Food Code.

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

Rule R392-100 is the statewide rule that establishes guidelines to industry for food service sanitation. It is the rule that local health departments rely on to enforce food sanitation. The rule is the basis for consistent and uniform enforcement of food service sanitation across all areas of the state. The FDA has concluded that food borne illness in the United States is a major cause of personal distress, preventable death, and avoidable economic burden. The main purpose of Rule R392-100 is to prevent food borne illness, hospitalizations that occur due to food borne illness, and the rare instances of serious disease and death. The Bureau of Epidemiology has not received comments in opposition to the rule, but has received comments from local health departments, local Environmental Health Directors, the food safety coalition, and the Food Code work group. Based on the comments received, this rule is necessary as: 1) the standard established by which industry serves food to the public, 2) the standard by which regulatory authorities enforce sanitation, and 3) the standard to which the public looks for protection from disease when it is served food at food service establishments. Therefore, this rule should be continued.

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

Health
Epidemiology and Laboratory Services, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director