Current through Bulletin 2024-06, March 15, 2024
(1) A person shall not operate a mobile food
business without a valid permit to operate issued by a local health
department.
(2) A mobile food
business operator shall only operate a mobile food business 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 permit from the local
health department wherein the majority of the mobile food business's operations
will take place.
(3) To
obtain a permit, a mobile food business operator shall:
(a) provide the following information to the
local health department issuing the permit:
(i) name, title, contact information, and
signature;
(ii) evidence of food
safety manager certification as required in Subsection
R392-102-4(13);
(iii) ownership status of the mobile food
business such as individual, partnership, or corporation;
(iv) name of the mobile food 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 mobile food business's vending location or route
as well as days and hours of mobile food business operation;
(viii) a copy of the written commissary
agreement as described in Subsection
R392-102-3(4)(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 mobile food business; and
shall
(b) pay a 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
R392-102-18(9).
(4) An issued permit shall include the
following information:
(a) name of the issuing
local health department;
(b) name
of the permitted mobile food business, as provided on the
application;
(c) license plate of
the associated food truck;
(d)
expiration date; and
(e) permit
tier designation as described in Subsection
R392-102-4(5)(b).
(5)
(a) 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 mobile food business sanitation
program.
(b) The local health
department shall use a two-tier risk -based assessment to determine an
appropriate permit fee as follows:
(i) a
permit shall be designated as "tier one" when the mobile food business
operator's menu includes fewer than three TCS foods, and when raw animal
products are not included as a menu ingredient;
(ii) a permit shall be designated as "tier
two" when the mobile food business operator's menu includes three or more TCS
foods, or when raw animal products are included as a menu ingredient;
and
(iii) the amount of a tier one
permit fee shall be reduced, as compared to a tier two permit fee, to account
for the lower regulatory burden.
(6) If an application for a permit is denied,
the mobile food business 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 permit.
(7)
A local health department shall recognize as valid a mobile food business
permit that has been issued by another local health department within the
state.
(8)
(a) A mobile food business operator shall
comply with permitting requirements as stated in Subsection
R392-102-4(3)
when renewing a permit.
(b) If a
mobile food business operator elects to renew a permit, it shall be the duty of
the operator to renew within 30 calendar days before the expiration date of the
current permit.
(9)
(a) A 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:
(i) failure
of the application or plans to show that the mobile food business will be
operated or maintained in accordance with the requirements of this
rule;
(ii) submission of incorrect
or false information in the application or plans;
(iii) failure to operate or maintain the
mobile food business in accordance with the application, plans, and
specifications approved by the local health department;
(iv) failure of the mobile food business
operator to allow the local health officer to conduct inspections as necessary
to determine compliance with this rule;
(v) failure of the mobile food business
operator to make the mobile food business available for inspection or to obtain
an inspection according the frequency requirements detailed in Subsection
R392-102-18(10);
(vi) operation of the mobile food business in
a way that causes or creates an imminent health hazard;
(vii) violation of any condition upon which
the permit was issued; or
(viii)
failure to pay a permit fee or inspection fee.
(b) If a local health officer suspends a
permit, the local health officer shall notify other applicable local health
departments regarding the enforcement actions taken.
(c) In the event of an imminent health
hazard, a local health officer may suspend a permit issued by another local
health jurisdiction. Except as coordinated and approved by the impacted local
health officers, the local health jurisdiction that suspends a permit shall be
the same organization that reinstates a suspended permit when the issues of
noncompliance have been adequately addressed.
(10) To reinstate a suspended permit, a
mobile food business operator shall:
(a)
complete a pre-operational inspection with the local health department that
suspended the permit, as described in Subsection
R392-102-18(9),
which shows that the mobile food business is back in compliance with this rule;
and
(b) pay an inspection
fee.
(11)
(a) A food truck operator shall post:
(i) the issued permit in a conspicuous
location inside the food truck; and
(ii) the included permit decal (sticker) on
the outside rear of the food truck.
(b) A food cart operator shall post the
issued permit and the included permit decal (sticker)in a conspicuous location
on the food cart.
(12) A
mobile food business permit may not be transferred from one mobile food
business operator to another, from one mobile food business 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 permit has not approved the
change.
(13) At least one mobile
food business 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
Section R392-101-8 and Section
26B-7-411; and
(b) maintain proof of certification available
for review by the local health officer upon request.
(14)
(a)
Each mobile food business employee 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
mobile food business operator shall maintain proof of food handler permit
certification of employees and shall provide it to the local health officer
upon request.