Definitions.

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  • (1) "Food" means:
    • (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
    • (b) chewing gum.
  • (2) "Local health department" means the same as that term is defined in Section 26A-1-102.
  • (3)
    • (a) "Microenterprise home kitchen" means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale.
    • (b) "Microenterprise home kitchen" does not include:
      • (i) a catering operation;
      • (ii) a cottage food operation;
      • (iii) a food truck;
      • (iv) an agritourism food establishment as defined in Section 26-15b-102;
      • (v) a bed and breakfast; or
      • (vi) a residence-based group care facility.
  • (4) "Microenterprise home kitchen permit" means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen.
  • (5) "Operator" means an individual who resides in the private home and who manages or controls the microenterprise home kitchen.
  • (6) "Ready-to-eat" means:
    • (a) raw animal food that is cooked;
    • (b) raw fruits and vegetables that are washed;
    • (c) fruits and vegetables that are cooked for hot holding;
    • (d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    • (e) a bakery item for which further cooking is not required for food safety.
  • (7) "Time or temperature control food" means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation.




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