No. 28825 (New Rule): R392-110. Home-based Child Care Food Service

DAR File No.: 28825
Filed: 06/19/2006, 04:29
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has two purposes. The first is to define the inspection criteria that local health department food safety inspectors will use to evaluate the food preparation/cooking area of residential and family day care facilities. Second, it defines local health department authority and responsibilities for food safety in home-based day care facilities. Local health departments and child care licensing experts requested this rule clarification.

 

Summary of the rule or change:

The new rule establishes the minimum standards which residential and family day care providers need to comply to ensure proper food handling and safety. The rule is based on Rule R392-100 and Section 26-15-2.

 

State statutory or constitutional authorization for this rule:

Section 26-15-2

 

Anticipated cost or savings to:

the state budget:

There is no anticipated cost to state government because local governments will be performing the required inspections.

 

local governments:

Each of the 12 local health departments will need to inspect more facilities. It is estimated that it will cost local health departments approximately $75,000 to $80,000 per year to implement these inspections. These costs will be offset by fees established by each local health department.

 

other persons:

The residential and family day care providers will be assessed fees totaling approximately $60,000 to $65,000, annually.

 

Compliance costs for affected persons:

Local health departments will charge fees ranging from $40 to $75 for the biennial inspections. Residential and family day care providers will be assessed the fee once every two years.

 

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

Input from impacted child care providers has so far been positive that this rule change balances the need to assure safe food handling in the settings against the cost of regulation. This will be carefully reexamined based on public comments received during the comment period. A. Richard Melton, Acting Executive Director

 

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]

 

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:

08/14/2006

 

This rule may become effective on:

08/22/2006

 

Authorized by:

David N. Sundwall, Executive Director

 

 

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-110. Home-based Child Care Food Service.

R392-110-1. Authority and Purpose.

This rule establishes food service inspection standards for certified or licensed child care providers that provide care for 16 or fewer children. It is authorized by Sections 26-15-2 and 26-39-104.

 

R392-110-2. Applicability.

This rule applies to food service provided in certified or licensed child care facilities, including residences, that provide care for 16 or fewer children, notwithstanding the provisions of R392-100. R392-100 governs food service provided in facilities that care for more than 16 children.

 

R392-110-3. Inspection Request, Report.

After request and payment of the fee established by the local health department, a local health department shall inspect a child care provider's food service based on the standards established in this rule and using an inspection form approved by the Department. Upon satisfactory inspection, the local health department shall issue a report to the child care provider stating that the food service provided by the child care provider poses no serious sanitation or health hazard to children.

 

R392-110-4. Standards.

(1) Food is obtained from sources that comply with law and are approved as outlined in R392-100 3-2.

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

(3) Food is protected from contamination by storing the food in a clean, dry location where it is not exposed to splash, dust, or other contamination and stored above the floor.

(4) Food is not stored in toilet rooms or mechanical rooms, under sewer lines, under leaking water lines or under any source of contamination.

(5) Food brought in by parents to serve to other children in the facility is from approved sources that comply with law and are approved as outlined in R392-100 3-2

(6) Food brought in by a parent or guardian for specific use of that person's child is labeled with the name of the child.

(7) Bottled or canned baby food, upon opening, is labeled on the outside of the container with the date and time of opening.

(8) Canned or bottled opened baby food containers, except for dry products, are refrigerated and kept at 41 degrees F or below.

(9) Canned or bottled baby food, except for dry products, is discarded if not used within 24 hours of opening.

(10) Infant formula or breast milk is discarded after feeding or within two hours of initiating a feeding.

(11) Refrigerators used to store food for children are maintained and cleaned to prevent contamination of stored food.

(12) Food products stored inside refrigerator are stored at 41 degrees F or below as outlined by R392-100 3-5.

(13) A calibrated thermometer is stored in the refrigerator to verify the temperature of food products.

(14) Food prepared at the day care facility meets the critical cooking, hot holding, cold holding, and cooling temperatures as outlined in R392-100, 3-4 and 3-5.

(15) Each caregiver who prepares or serves food is trained in food safety and has a copy of a current food handler permit on file at the facility.

(16) Food is served on clean plates, single service plates, or a clean and sanitized high chair tray.

(17) If napkins are used at meals or snacks, then they must be single service.

(18) Clean cups or single service cups are provided at each beverage service.

(19) Before each use, reusable food holders, utensils, and preparation surfaces are washed with hot water and detergent solutions, rinsed with clean water, and sanitized as outlined in R392-100 4-501.114.

(20) Food employees clean their hands and exposed portions of their arms:

(a) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single service and single use articles;

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

(c) after using the toilet room;

(d) after caring for or handling any animal, including service animals;

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

(f) as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.

(21) Hand washing facilities are located to allow convenient use by employees in food preparation, food dispensing, and ware washing areas; and in or immediately adjacent to toilet rooms.

(22) When preparing food, employees wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens, and unwrapped single service and single use articles.

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

(24) Poisonous or toxic chemicals are identified.

(25) Procedures are in place to ensure that poisonous or toxic chemicals are safely stored to prevent access by children

(26) Poisonous or toxic materials are stored so they can not contaminate food, equipment, utensils, linens, and single service and single use articles.

(27) Only those poisonous or toxic materials that are required for the operation and maintenance of food storage, preparation, and service areas such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents are in the food storage, preparation, and service areas.

(28) Menus for the current week are posted in plain sight and accessible for public review.

 

KEY: child care providers, food service

Date of Enactment of Last Substantive Change: 2006

Authorizing, and Implemented or Interpreted Law: 26-15-2; 26-39-104