Utah Code 4-5-501. Cottage food operations
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(1) For purposes of this chapter:
Terms Used In Utah Code 4-5-501
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Food: means :(8)(a) an article used for food or drink for human or animal consumption or the components of the article;(8)(b) chewing gum or chewing gum components; or(8)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102
- Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102
- Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102
(1)(a) “Cottage food operation” means a person who produces a cottage food product in a home kitchen .(1)(b) “Cottage food product” means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen.(1)(c) “Home kitchen” means a kitchen:(1)(c)(i) designed and intended for use by the residents of a home; and(1)(c)(ii) used by a resident of the home for the production of a cottage food product.(1)(d) “Potentially hazardous food” means:(1)(d)(i) a food of animal origin;(1)(d)(ii) raw seed sprouts; or(1)(d)(iii) a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule.
(2) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food supply.
(3) Rules adopted pursuant to Subsection (2) may not require:
(3)(a) the use of a commercial surface such as a stainless steel counter or cabinet;
(3)(b) the use of a commercial grade:
(3)(b)(i) sink;
(3)(b)(ii) dishwasher; or
(3)(b)(iii) oven;
(3)(c) a separate kitchen for the cottage food operation; or
(3)(d) the submission of plans and specifications before construction of, or remodel of, a cottage food production operation.
(4) The operator of a cottage food operation shall:
(4)(a) register with the department as a cottage food operation before operating as a cottage food operation;
(4)(b) hold a valid food handler’s permit; and
(4)(c) package a cottage food product with a label, as specified by the department in rule.
(5) Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the department shall issue a registration to an applicant for a cottage food operation if the applicant for the registration:
(5)(a) pays the fees required by the department; and
(5)(b) meets the requirements of this section.
(6) Notwithstanding the provisions of Section 26A-1-114, a local health department:
(6)(a) does not have jurisdiction to regulate the production of food at a cottage food operation operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and
(6)(b) does have jurisdiction to investigate a cottage food operation in an investigation into the cause of a foodborne illness outbreak.
(7) A food service establishment as defined in Section 26B-7-401 may not use a product produced in a cottage food operation as an ingredient in a food that is prepared by the food establishment and offered by the food establishment to the public for consumption.