No. 31430 (Amendment): R70-560. Cottage Food Production Operations

DAR File No.: 31430
Filed: 05/14/2008, 03:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

It has been determined that certain sections of the existing rule are beyond the scope of the enabling legislation.

Summary of the rule or change:

It is proposed that the requirements that cottage food production operations be in compliance with all other laws be removed. It is also proposed that the prohibition on out-of-state internet sales of cottage foods be removed.

State statutory or constitutional authorization for this rule:

Section 4-5-9.5

Anticipated cost or savings to:

the state budget:

There will be minor savings to the Department due to faster processing and approval of applications.

local governments:

No costs or savings to local governments have been identified. There may be some savings in that compliance with local regulations will no longer be specified.

small businesses and persons other than businesses:

Industry members report that the changes will allow them to go into production faster than they otherwise would in some cases. This will reduce their costs and improve their revenues to an unspecified extent.

Compliance costs for affected persons:

The costs of compliance with this rule will be reduced in some cases since the review and approval time will be reduced.

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

This rule revision is necessary to bring the rule into conformity with the enabling legislation. Leonard M. 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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-560. Inspection and Regulation of Cottage Food Production Operations.

R70-560-4. Production Requirements.

(1) A cottage food production operation shall:

(a) Ensure that each operator holds a valid food handler's permit;

(b) Use finished and cleanable surfaces;

(c) Maintain acceptable sanitary standards and practices;

(d) Provide separate storage from domestic storage, including refrigerated storage;

(e) [Provide written evidence of compliance with zoning, building and other regulatory codes;

(f) ]Provide for annual water testing if not connected to a public water system; and

([g]f) Keep a sample of each food for 14 days. The samples shall be labeled with the production date and time.

(2) A cottage food production operation shall comply with R70-530, except that it shall not be required to:

(a) Have commercial surfaces such as stainless steel counters or cabinets;

(b) Have a commercial grade sink, dishwasher or oven;

(c) Have a separate kitchen; or

(d) Submit plans and specifications before construction or remodeling;

(3) A cottage food production operation is prohibited from all of the following:

(a) Conducting domestic activities in the kitchen when producing food;

(b) Allowing pets in the kitchen;

(c) Allowing free-roaming pets in the residence;

(d) Washing out or cleaning pet cages, pans and similar items in the kitchen; and

(e) Allowing entry of non-employees into the kitchen while producing food.

(4) A cottage food must be prepared by following the recipe used to prepare the food when it was submitted for the approval testing required in Subsection R70-560-3(1). When a process authority has recommended or stipulated production processes or criteria for a food, these must be followed when the food is produced. The recipe and process authority recommendations and stipulations shall be available in the facility for review by the department.

 

R70-560-5. Inspections, Registration and Investigations.

(1) The Department shall inspect a cottage food production operation:

(a) Prior to issuing a registration for the cottage food production operation; and

(b) If the Department has reason to believe the cottage food production operation is in violation of this chapter, or administrative rule, adopted pursuant to this section, or is operating in an unsanitary manner.

(2) A cottage food production operation must register with the Department as a food establishment pursuant to Rule R70-540 and pay the required fee.

(3) Notwithstanding the provisions of Rule R70-540, the Department shall issue a registration to an applicant for a cottage food production operation if the applicant:

(a) Applies for the registration;

(b) Passes the inspection required by Subsection R70-560-5(1);

(c) Pays the fee required by the department; and

(d) Meets the requirements of this section[;].

[(e) Provides written evidence of compliance with local zoning and business codes;

(f) Complies with all other, state, municipal, county codes, including plumbing codes, electrical codes and safety codes.

](4) The registration issued under Rule R70-540 shall be displayed at the cottage food production operation. A copy of the registration shall be displayed at farmers markets, roadside stands and other places at which the operator sells food from a fixed structure that is permanent or temporary and which is owned, rented or leased by the operator of the cottage food production operation.

 

R70-560-8. Regulatory Jurisdiction.

(1) Notwithstanding the provisions of Section 26A-1-114, a local health department:

(a) Does not have jurisdiction to regulate the production of food at a cottage food production operation, operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and

(b) Does have jurisdiction to investigate a cottage food production operation in any investigation into the cause of a food born illness outbreak.

(2) A food service establishment as defined in Section 26-15a-102, may not use a product produced in a cottage food operation as an ingredient in any food that is prepared by the food establishment and offered by the food establishment to the public for consumption.[

(3) Interstate sales of cottage food production operation produced foods are prohibited.]

 

KEY: food safety, cottage foods, food establishment registration, inspections

Date of Enactment or Last Substantive Amendment: [August 7, 2007]July 8, 2008

Authorizing, and Implemented or Interpreted Law: 4-5-9.5