R392-106-5. Microenterprise Home Kitchen Permit Requirements

(1) An operator shall operate a microenterprise home kitchen only after obtaining a valid permit to operate issued by a local health department that has jurisdiction over the geographical area in which the home kitchen is located. (2) An operator shall only qualify for a microenterprise home kitchen permit if: (a) food that is served at the microenterprise home kitchen is processed in compliance with state and federal regulations; and (b) the microenterprise home kitchen operates only during the hours approved in the microenterprise home kitchen permit. (3) A local health department shall impose a fee for a microenterprise home kitchen permit in an amount that reimburses the local health department for the cost of regulating the microenterprise home kitchen. (4) An operator applying for a microenterprise home kitchen permit shall provide to the local health department: (a) a written application with a statement of consent to enter the premises where food is prepared, cooked, or stored for the microenterprise home kitchen; and (b) written standard operating procedures that include: (i) food and food types 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 TCS food at the appropriate temperatures for each TCS food. (5) A local health officer may require local health department approval of the procedures and plans specified in Subsection (5)(b) before issuing a microenterprise home kitchen permit. (6) In addition to a fee charged under Subsection (3), if the local health department is required to inspect the microenterprise home kitchen 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 microenterprise home kitchen 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 microenterprise home kitchen a fee for that inspection. (7) The operator shall ensure that a microenterprise home kitchen permit: (a) is not transferred to a location that is different from the microenterprise home kitchen described in the application and plans submitted as required in Subsection (5); (b) is renewed on an annual basis until the operator discontinues microenterprise home kitchen operations; and (c) is restricted to the location and hours listed on the permit application. (8) Nothing in this rule prevents a local health officer from revoking a microenterprise home kitchen permit issued by the local health department if the operation of the microenterprise home kitchen violates the terms of: (a) the permit (b) this rule; or (c) Section 26B-7-416. (9) If a permit application is denied, or a permit is revoked, the microenterprise home kitchen 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. (10) A microenterprise home kitchen shall: (a) comply with the requirements specified in Subsection 26B-7-416(8); and (b) ensure the consumer receives operator-provided food: (i) in a manner that protects the food from contamination, as required in Section R392-106-10; and (ii) in accordance with the time and temperature requirements specified in Section R392-106-11. (11) A local health department issuing a microenterprise home kitchen permit may not require submission of plans and specifications before construction or remodel of a kitchen facility except for the plans and procedures required in Subsection (4); (12) The local health officer shall ensure that: (a) a microenterprise home kitchen permit includes a statement that reads, "This location is permitted under modified FDA requirements."; and (b) the operator is provided the opportunity to update the information required in Subsection (4)(b) without requiring the operator to renew the permit.