Exemptions to food service establishment requirements.

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  • (1) The following are not subject to the provisions of Section 26-15a-104:
    • (a) special events sponsored by municipal or nonprofit civic organizations, including food booths at school sporting events and little league athletic events and church functions;
    • (b) temporary event food services approved by a local health department;
    • (c) vendors and other food service establishments that serve only commercially prepackaged foods and beverages as defined by the department by rule;
    • (d) private homes not used as a commercial food service establishment;
    • (e) health care facilities licensed under Chapter 21, Health Care Facility Licensing and Inspection Act;
    • (f) bed and breakfast establishments at which the only meal served is a continental breakfast as defined by the department by rule;
    • (g) residential child care providers;
    • (h) child care providers and programs licensed under Chapter 39, Utah Child Care Licensing Act;
    • (i) back country food service establishments;
    • (j) an event that is sponsored by a charitable organization, if, at the event, the organization:
      • (i) provides food to a disadvantaged group free of charge; and
      • (ii) complies with rules established by the department under Subsection (3); and
    • (k) a lowest risk or permitted food establishment category determined by a risk assessment evaluation established by the department by administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (2) Nothing in this section may be construed as exempting a food service establishment described in Subsection (1) from any other applicable food safety laws of this state.
  • (3) The department may establish additional requirements, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for charitable organizations providing food for free under Subsection (1)(j).




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