R392-102-2. Definitions

  (1) "Catering operation", as defined in this rule, means a food truck that contracts with a client for food service to be provided to the client or the client's guests or customers at a private event on private property. A catering operation does not include services routinely provided at the same location, or meals that are purchased individually by guests or customers.

  (2) "Commissary" means a food service establishment permitted by a local health department according to Rule R392-100 to which a food truck operator may return regularly to perform functions necessary for sanitary operations including:

  (a) food preparation and boarding onto the food truck;

  (b) hot and cold holding of time/temperature controlled for safety (TCS) foods;

  (c) storing and stocking of food, utensils, and equipment;

  (d) disposal of solid and liquid wastes;

  (e) equipment and utensil cleaning and sanitizing;

  (f) vehicle cleaning;

  (g) refilling of water tank(s) with potable water; and

  (h) utilizing electrical power sources.

  (3) "FDA Food Code" or "Food Code" means the most recent FDA Model Food Code as adopted by reference with amendments in Rule R392-100. When FDA Food Code is referenced in this rule, the term 'establishment' or 'food establishment' used in the FDA Food Code shall be synonymous with 'food truck' as defined in this rule.

  (4) "Food cart" means:

  (a) a cart that is not motorized; and

  (b) that a vendor, standing outside of the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption; or

  (c) a motor vehicle that a vendor, standing outside of the frame of the vehicle, uses to sell or serve prepackaged food or beverages for human consumption.

  (5) "Food processing plant" means a commercial operation inspected by a regulatory authority, such as the United States Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), or the Utah Department of Agriculture and Food (UDAF), that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments. A food processing plant does not include a food establishment.

  (6) "Food service establishment" means an operation that:

  (a) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; and

  (b) relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

  (7)(a) "Food truck" means a fully encased food service establishment:

  (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

  (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

  (b) "Food Truck" does not include a food cart, a shaved ice establishment, or an ice cream truck.

  (8) "Food truck operator" or "operator" means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck.

  (9) "Food truck employee" means a person working with unpackaged food, food equipment or utensils, or food contact surfaces in a food truck.

  (10) "Ice cream truck" means a fully encased food service establishment:

  (a) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;

  (b) from which a vendor, from within the frame of the vehicle, serves prepackaged ice cream products;

  (c) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and

  (d) that may stop the vehicle to serve packaged ice cream products at the signal of a patron.

  (11) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

  (12) "Local health department" has the same meaning as provided in Section 26A-1-102(5).

  (13) "Local health officer" means the director of the jurisdictional local health department or a designated representative.

  (14) "Person in charge" means the individual present at a food truck who is responsible for its operation at the time of the inspection.

  (15) "Potentially hazardous food (PHF)" or "Time/temperature control for safety food (TCS)" has the same meaning as described in the FDA Food Code.

  (16) "Primary permit" means a health permit issued by a local health department to operate a food truck within the jurisdiction of the local health department wherein the majority of the food truck's operations take place.

  (17) "Sanitized" means the application of cumulative heat or chemicals on cleaned food, ice, or potable water contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

  (18) "Shaved ice establishment" means a facility that would normally be classified as a food truck as defined in this rule that serves only shaved ice with flavored syrups and other toppings approved by the local health officer, and is operating from a fixed, single location without moving offsite throughout the entire operating season.

  (19) "Secondary permit" means a health permit issued by a local health department to operate a food truck within the jurisdiction of the local health department to a food truck operator who has a current primary permit from another local health department within the state.