No. 30527 (Amendment): R70-540. Food Establishment Registration

DAR File No.: 30527
Filed: 10/03/2007, 12:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are proposed in response to legislation (H.B. 145) passed by the 2007 Utah Legislature defining farmers markets. (DAR NOTE: H.B. 145 (2007) is found at Chapter 146, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The definition of farmers markets promulgated by the legislature is added to the rule. Farmers markets are exempted from the registration fee, per the new legislation.

State statutory or constitutional authorization for this rule:

H.B. 145 (2007), and Subsections 4-5-9(1)(a), 4-5-2(5), and 4-5-2(9)(b)(ii)

Anticipated cost or savings to:

the state budget:

Reduced revenue of approximately $2,000 annually to the state. Savings from not having to inspect these facilities will be around $700 annually.

local governments:

The rule places no responsibilities on local government. There should be no cost or savings to them.

small businesses and persons other than businesses:

There will be a $20 per year savings to operators of farmers markets and fruit and vegetable stands, totaling about $2,000 annually.

Compliance costs for affected persons:

The compliance costs are reduced. There are no additional costs in these amendments.

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

These changes provide some clarification to the existing rule regarding "Farmers Markets". The statutory change reduced or eliminated the fees for registration of Farmers Markets and therefore results in a cost savings to those businesses. Leonard Blackham, Commissioner

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

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Kathleen Mathews, Richard W Clark, or Doug Pearson at the above address, by phone at 801-538-7103, 801-538-7150, or 801-538-7144, by FAX at 801-538-7126, 801-538-7126, or 801-538-7169, or by Internet E-mail at [e-mail], [e-mail], or [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:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-540. Food Establishment Registration.

R70-540-3. Scope.

(1) This rule provides procedures to register grocery stores, warehouses, and food processors and any other establishment meeting the definition of a food establishment as per Section 4-5-2([8]9).

(2) This rule:

(a) establishes definitions;

(b) requires an owner or operator of a food establishment to annually register with the department;

(c) categorizes food establishments;

(d) requires an inspection to determine compliance with R70-530 prior to granting a registration for new food establishments;

(e) establishes the requirements for: issuance, denial, conditional denial, revocation, suspension, and reinstatement for food establishments.

 

R70-540-4. Definitions.

For the purpose of this rule, the following words and phrases shall have the meanings indicated:

(a) "Department" means the Utah Department of Agriculture and Food, Division of Regulatory Services, or its representatives.

(b) "Farmer's Market" means [a temporary or seasonal event at a specified location with multiple businesses that sell raw agricultural products and packaged processed foods.]a market where producers of food products sell only fresh, raw, whole, unprocessed, and unprepared food items directly to the final consumer.

(c) "Food processing" means blending, mixing, packaging, acidifying, curing, drying or dehydrating, dry packing, thermal processing, reduced-oxygen packaging, cooking, baking, heating, grinding, churning, separating, distilling, extracting, slaughtering, cutting, fermenting, eviscerating, preserving, freezing, chilling, or otherwise manufacturing food products.

(d) "Food Processor" means an establishment that uses food processes indicated in R70-540-4(b). Examples include, but are not limited to, scratch bakery, dietary supplement manufacturer, candy factory, bottling plant, cannery, retail meat department, flour mill, ice plant, and low acid food processing establishment.

(e) "Inspection" means an on-site review of a food establishment conducted by the Utah Department of Agriculture and Food to ensure compliance with all applicable laws and rules.

(f) "Letter of Authorization" is a written document from the owner of an inspected food establishment that states that another entity, that is a separate business, is using their food establishment to process a food product. This letter of authorization is valid for one calendar year. This does not include employees of the food establishment or other businesses subcontracted by the food establishment that may temporarily use their facility for food processing activities.

(g) "Warehouse" means a business whose primary purpose is to store or hold food.

 

R70-540-5. Registration Categories.

(1) Each food establishment shall belong to only one of the four categories that have been established.

(2) A food establishment with multiple processing areas at the same physical address and under the same ownership will be evaluated and placed in a single category.

(3) A separate registration is required for each business owner operating under a letter of authorization.

(4) Grocery stores offering food as defined in Section 4-5-2(6) to consumers shall be categorized based on the following schedule:

 

TABLE I

     Inspectable Square    Process                   Category

     Footage               Areas/Employees



(a)  less than 1000        4 or fewer employees      small

(b)  1000-5000             limited food processing   medium

(c)  1000-50,000           2 or fewer food           large

                           processing areas

(d)  greater than 50,000   more than 2 food          super

                           processing areas

 

(5) Food or beverage manufacturing, processing, or packaging plants shall be categorized based on the following schedule:

 

TABLE II

     Inspectable Square    Process                   Category

     Footage               Areas/Employees



(a)  less than 1000        4 or fewer employees      small

(b)  1000-5000             limited food processing   medium

(c)  1000-20,000           2 or fewer food           large

                           processing areas

(d)  greater than 20,000   more than 2 food          super

                           processing areas

 

(6) Cold or dry storage warehouses or other types of food storage facilities shall be categorized based on the following schedule:

 

TABLE III

             Inspectable Square
Footage    Category



(a)          Less than 1000                small

(b)          1000-5000                     medium

(c)          1000-50,000                   large

(d)          greater than 50,000           super

 

(7) A water vending machine owner or company shall be categorized as follows:

 

TABLE IV

               Number of Water Vending     Category



(a)            ten or fewer                small

(b)            eleven or more              medium

 

(c) as a grocery store as indicated in R70-540-5(4), Table I, (a)-(d) when their primary purpose is to vend water.

(8) For mobile vendors, each vehicle or truck that sells prepackaged, potentially hazardous food items shall be categorized as a small.

(9) A temporary or seasonal business at an individual location shall be typed as a grocery store as indicated in R70-540-5(4), Table I, (a)-(d).

(10) A farmer's market [shall be typed as one grocery store as indicated in R70-540-5(4), Table I, (a)-(d).]shall be exempt from the registration fee pursuant to Title 4-5(2)(9)(b).

(11) An establishment or operation calling itself a farmer's market, but which does not meet the definition of farmer's market in R70-540-4(b) shall be typed as one grocery store as indicated in R70-540-5(4), Table I, (a)-(d).

 

KEY: food inspection

Date of Enactment or Last Substantive Amendment: [March 18, 2005]December 10, 2007

Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)