Section R392-105-5 - Agritourism Food Establishment Permit Requirements(1) An operator shall operate an agritourism food establishment only after obtaining a valid permit to operate issued by a local health department that has jurisdiction over the area in which the farm is located.(2) An operator shall only qualify for an agritourism food establishment permit if: (a) poultry products that are served at the agritourism establishment are slaughtered and processed in compliance with the Poultry Products Inspection Act, 21 USC Sec. 451 et seq., and the applicable regulations issued pursuant to that act;(b) meat not described in Subsection (2)(a) that is served at the agritourism food establishment is slaughtered and processed in compliance with the Federal Meat Inspection Act, 21 USC Sec. 601 et seq., 9 CFR 303.1 and the applicable regulations issued pursuant to that act;(c) a kitchen facility used to prepare food for the agritourism food establishment meets the requirements of this rule;(d) the agritourism food establishment is in operation for no more than 14 consecutive days at a time; and(e) the operator complies with the requirements of this rule, including payment of a permit fee.(3) A local health department shall impose a fee for an agritourism food establishment permit in an amount that reimburses the local health department for the cost of regulating the agritourism food establishment. (4) An operator applying for an agritourism food establishment permit shall provide to the local health department: (a) written consent to enter the premises where food is prepared, cooked, stored, or harvested for the agritourism food establishment;(b) a list of any agritourism food service events scheduled within the permit period; and(c) written standard operating procedures that include: (i) food that will be stored, handled, and prepared;(ii) the proposed procedures and methods of food preparation and handling;(iii) procedures, methods, and schedules for cleaning utensils and equipment;(iv) procedures and methods for the disposal of refuse; and(v) a plan for maintaining time/temperature control for safety food at the appropriate temperatures for each TCS food.(5) At least 14 days before the event, the operator shall notify the local health department of any agritourism food service event not listed on the application as required in Subsection R392-105-5(4)(b), and scheduled after the application has been submitted. (a) The operator shall include the following agritourism food service event details:(iii) duration of event; and(iv) contact information for the event operator.(b) The operator may provide this notification by mail, email, or in person.(6) A local health officer may require local health department approval of the procedures and plans specified in Subsection R392-105-5(4) before issuing an agritourism food establishment permit.(7) In addition to a fee charged under Subsection R392-105-5(3), if the local health department is required to inspect the farm as a source of an adulterated food or an outbreak of illness caused by a contaminated food and finds, as a result of that inspection, that the farm has produced an adulterated food or was the source of an outbreak of illness caused by a contaminated food, the local health department may charge and collect from the farm a fee for that inspection.(8) An agritourism food establishment permit:(b) is renewable on an annual basis;(c) is restricted to the location listed on the permit; and(d) shall provide the operator the opportunity to update the information required in Subsection R392-105-5(5)(a) as well as the food types and products handled without requiring the operator to renew the permit.(9) This section does not prohibit an operator from applying for a different type of food event permit from a local health department such as a food establishment permit or a temporary food service permit.(10) Nothing in this rule prevents a local health department from revoking an agritourism food establishment permit issued by the local health department if the operation of the agritourism food establishment violates the terms of:(c) Chapter 26-15b, Agritourism Food Establishment Act.(11) If a permit application is denied, or a permit is revoked, the agritourism food establishment 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, or requalify, for a permit.(12) A local health department issuing an agritourism food establishment permit may not require: (a) submission of plans and specifications before construction or remodel of a kitchen facility except for the plans and procedures required in Subsection R392-105-5(4);(b) a pre-operational inspection before issuing or renewing the permit; or(c) food safety manager certification.Utah Admin. Code R392-105-5
Adopted by Utah State Bulletin Number 2021-02, effective 12/21/2020Amended by Utah State Bulletin Number 2022-13, effective 6/21/2022