No. 43077 (5-year Review): Rule R392-103. Food Handler Training and Certificate

DAR File No.: 43077
Filed: 07/12/2018 01:50:37 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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

Rule R392-103 is authorized under Sections 26-1-30 and 26-15-5. Subsection 26-1-30(4) authorizes the Department of Health (Department) to establish, maintain, and enforce rules necessary, or desirable, to carry out the provisions and purposes of Title 26 to promote and protect the public health or to prevent disease and illness. Section 26-15-5 details specific food handler training and testing requirements, and authorizes the Department to approve the content of an approved food handler training program, approve training providers, audit training programs, develop an exam, establish requirements designed to inhibit fraud, determine required student identifying information, and establish maximum permit fee for a food handler permit.

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

The Department sought comments from the local health departments in Utah, as well as the Utah Restaurant Association, the Salt Lake Area Restaurant Association, and all approved food handler training providers. No comments were received in opposition to a continuation of Rule R392-103. Comments have been received concerning certain aspects of this rule. One food handler training provider commented regarding the bank of food handler exam questions, stating: "the exam requirements completely disregards the difficulty of the questions on an individual exam. By having 10 randomly selected questions from 4 sections there is the possibility that one individual will get a harder test than another individual." Comments were also been received from the Utah Restaurant Association asking about extending the 30-day expiration period for training certificates.

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

The continuation of Rule R392-103 is recommended by the Department. This rule requires adherence to uniform statewide standards for training and testing food handlers, and issuing food handler certificates and permits. The food handler training, certificate, and permitting process is critical to promoting and protecting public health. The Department received no comments in opposition to this rule. In response to other comments received, the 30-day expiration for training certificates and the selection of test questions are required by statute in Section 26-15-5.

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 [e-mail]

Effective:

07/12/2018

Authorized by:

Joseph Miner, Executive Director

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