No. 27187: R392-101. Food Safety Manager Certification

DAR File No.: 27187
Filed: 05/24/2004, 04:00
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 Title 26, Chapter 15a. 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. Title 26, Chapter 15a outlines the Food Safety Manager Certification Act, authorizing the department to establish and enforce, or provide for the enforcement of the minimum rules regarding the definitions, duties, requirements, and exemptions of Food Safety Manager Certification.

 

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 Office of Epidemiology has not received comments opposing the entire rule, comments have been received from Local Health Departments, the Conference of Local Environmental Health Administrators (CLEHA), and the Food Code revision work group regarding different aspects of the rule. The Division has responded to these comments as part of our process to develop modifications to the rule. Comments received include: 1) the Food Safety Manager Certification Act exempts facilities that serve high risk populations such as nursing homes, hospitals, and day care centers. Local Health Departments acknowledge that these types of food service facilities definitely should require a certified food safety manager on staff; 2) the rule needs to contain additional language requiring a specified time for which a person who is seeking to become certified has to complete the requirements of certification; 3) some local health departments have commented on the difficulty and increased time and effort it takes to keep track of certified managers in an industry with high turnover employment rate; and 4) the lag time it takes to get a certificate issued to those who have passed the requirements.

 

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

This rule is the statewide rule for the Food Safety Manager Certification, and is enforced by the local health departments. This rule is the basis for consistent enforcement of the Food Safety Manager Certification Act (Title 26, Chapter 15a) across all areas of the state. The Food and Drug Administration (FDA) has concluded that food borne illness in the United States is a major cause of personal distress, preventable death, and avoidable economic burden. An estimated 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths are a direct result of food borne illness. The annual cost of food borne illness in terms of pain and suffering, reduced productivity, and medical costs are estimated to be $10,000,000,000 - $83,000,000,000. While the Office of Epidemiology has not received comments in opposition to the rule, comments have been received comments from local health departments, the food safety coalition, CLEHA, and the Food Code workgroup. Based on the local health department input, this is an important rule for local health departments, the industry, and the consumer, and 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:

Scott D. Williams, Executive Director