R392-102-4. Food Truck Permit Requirements

  (1) A person shall not operate a food truck without a valid permit to operate issued by a local health department.

  (2) A food truck operator shall only operate a food truck after:

  (a) obtaining a temporary food establishment permit from a local health department when only operating at a fixed location for no more than 14 consecutive days; or

  (b) obtaining an annual primary permit from the local health department wherein the majority of the food truck's operations will take place.

  (3) In order to obtain a primary permit, a food truck operator shall:

  (a) provide the following information to the local health department issuing the primary permit:

  (i) name, title, contact information, and signature;

  (ii) evidence of food safety manager certification as required in Subsection R392-102-4(19)

  (iii) ownership status of the food truck (e.g. individual, partnership, corporation, etc.)

  (iv) name of the food truck business or "dba";

  (v) food truck license plate number;

  (vi) a complete list of menu items if there has been a menu change or if it was not previously submitted with plans as required in Section R392-102-5;

  (vii) a means whereby the local health department can determine the food truck's vending location or route as well as days and hours of food truck operation;

  (viii) a copy of the written commissary agreement as described in Subsection R392-102-3(3)(b), unless exempted by the local health officer; and

  (ix) documentation of an approved servicing area if the commissary is not properly equipped to provide potable water or electricity to, or to receive wastewater from a food truck; and shall

  (b) pay a primary permit fee;

  (c) submit plans for review as described in Section R392-102-5;

  (d) complete necessary changes resulting from the review of plans, as required; and

  (e) complete a pre-operational inspection, as described in Subsection R392-102-16(8).

  (4) An issued primary permit shall include the following information:

  (a) name of the issuing local health department;

  (b) name of the permitted food truck, as provided on the application;

  (c) license plate of the associated food truck;

  (d) expiration date;

  (e) permit tier designation as described in Subsection R392-102-4(5)(b); and

  (f) the written words, "Primary Permit".

  (5)(a) Primary and secondary permit fees shall be uniform statewide and may only be in an amount that reimburses the local health department for the cost of administering the food truck sanitation program.

  (b) The local health department shall use a two-tier risk based assessment to determine an appropriate primary permit fee as follows:

  (i) A primary permit shall be designated as "tier-one" when the food truck operator's menu includes fewer than three potentially hazardous foods, and when raw animal products are not included as a menu ingredient.

  (ii) A primary permit shall be designated as "tier-two" when the food truck operator's menu includes three or more potentially hazardous foods, or when raw animal products are included as a menu ingredient.

  (iii) The amount of a tier-one primary permit fee shall be reduced, as compared to a tier-two primary permit fee, to account for the lower regulatory burden.

  (6) If an application for a primary permit is denied, the food truck operator may request information from a local health officer that includes:

  (a) the specific reasons and rule citations for permit denial; and

  (b) any actions the applicant must take to qualify for a primary permit.

  (7) A food truck operator shall obtain a secondary permit before operating a food truck in any local health department jurisdiction other than the jurisdiction of the local health department that issued the primary permit as described in Subsection R392-102-4(2)(b).

  (8) In order to obtain a secondary permit, a food truck operator shall:

  (a) provide the following information to the local health department issuing the secondary permit:

  (i) a copy of the primary permit;

  (ii) a means whereby the local health department can determine the food truck's vending location or route as well as days and hours of food truck operation within the jurisdiction of the local health department issuing the secondary permit; and shall

  (b) pay a secondary permit fee;

  (9) An issued secondary permit shall contain the following information:

  (a) name of the issuing local health department;

  (b) name of the permitted food truck, as provided on the application;

  (c) license plate of the associated food truck;

  (d) expiration date which shall be the same as the expiration date printed on the primary permit provided by the food truck operator as required in Subsection R392-102-4(8)(a)(i); and

  (e) the written words, "Secondary Permit".

  (10)(a) A secondary permit fee shall only be in an amount that reimburses the local health department for the cost of permitting and inspecting the food truck.

  (b) A secondary permit fee shall be no more than one-half of a tier-one primary permit fee, and shall be the same regardless of expiration date of the primary permit.

  (11) A local health department issuing a secondary permit may not:

  (a) impose any additional permit conditions or qualifications on a food truck operator; or

  (b) require a plan review or a pre-operational inspection before issuing or renewing the permit.

  (12) When acting as a catering operation, a food truck operator may operate in a health department jurisdiction other than the jurisdiction of the health department that issued the primary permit without obtaining either a secondary food truck permit or a temporary food service permit, and without additional inspections from the local health department.

  (13)(a) A food truck operator shall comply with permitting requirements as stated in Subsection R392-102-4(3) when renewing a primary permit, and Subsection R392-102-4(8) when renewing a secondary permit.

  (b) If a food truck operator elects to renew a primary permit and any secondary permits, it shall be the duty of the operator to renew within thirty calendar days before the expiration date of the current permit.

  (14)(a) If a local health officer suspends a primary food truck permit, the local health officer shall notify other applicable local health departments regarding the enforcement actions taken. Any secondary permits issued by other local health departments shall be rendered invalid until the suspended primary permit is reinstated.

  (b) If a local health officer suspends a secondary food truck permit, no other permits, whether primary or secondary, from other local health jurisdictions shall be affected.

  (15) To reinstate a suspended permit, a food truck operator shall:

  (a) complete a pre-operational inspection with the local health department that suspended the permit, as described in Subsection R392-102-16(8), which shows that the food truck is back in compliance with this rule; and

  (b) pay an inspection fee.

  (16) A food truck permit applied for or issued pursuant to this rule may be denied, suspended, or revoked by the local health officer for any of the following reasons:

  (a) Failure of the application or plans to show that the food truck will be operated or maintained in accordance with the requirements of this rule;

  (b) Submission of incorrect or false information in the application or plans;

  (c) Failure to operate or maintain the food truck in accordance with the application, plans, and specifications approved by the local health department;

  (d) Failure of the operator to allow the local health officer to conduct inspections as necessary to determine compliance with this rule;

  (e) Failure of the operator to make the food truck available for inspection or to obtain an inspection according the frequency requirements detailed in Subsection R392-102(16)(9);

  (f) Operation of the food truck in a way that causes or creates an imminent health hazard;

  (g) Violation of any condition upon which the permit was issued; or

  (h) Failure to pay a permit fee or inspection fee.

  (17) A food truck operator shall post all issued health permits in a conspicuous location.

  (18) A food truck permit may not be transferred from one food truck operator to another, from one food truck to another, or from one type of operation to another if the change affects the tier designation as specified in Subsection R392-102-4(5)(b) and the local health department that issued the primary permit has not approved the change.

  (19) At least one food truck employee shall:

  (a) be certified in food safety management according to the requirements of Rule R392-101, unless exempted by a local health officer according to the criteria listed in Subsection R392-101-8(2) and Section 26-15a-105; and

  (b) maintain proof of certification available for review by the local health officer upon request.

  (20)(a) All food truck employees shall be trained in food safety as required by Rule R392-103, and shall hold a valid food handler's permit issued by a local health department

  (b) The operator shall maintain proof of food handler permit certification of employees and shall provide it to the local health officer upon request.