HB 379 — Child Care Provider Food Preparation Amendments

and (ii) delegate inspection and enforcement of rules established under this Subsection (5) to local health departments.

[(4)] (6) A license issued under this part is not assignable or transferable.

{Section 2.

Section 26B-7-401 is amended to read:

} 26B-7-401.

Definitions.

As used in this part:

(1) "Agritourism" means the same as that term is defined in Section 78B-4-512.

(2) "Agritourism activity" means the same as that term is defined in Section 78B-4-512.

(3) "Agritourism food establishment" means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agritourism activity.

(4) "Agritourism food establishment permit" means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment.

(5) "Back country food service establishment" means a federal or state licensed back country guiding or outfitting business that:

(a) provides food services;

and (b) meets department recognized federal or state food service safety regulations for food handlers.

(6) "Body art facility" means a facility where an individual practices or instructs:

(a) body piercing;

(b) branding;

(c) permanent cosmetics;

(d) scarification;

or (e) tattooing.

(7) - 3 - HB0379 compared with HB0379S02 (a) "Body piercing" means any method of piercing the skin or mucosa to place jewelry through the skin or mucosa.

(b) "Body piercing" does not include ear piercing.

(8) "Branding" means the process in which a mark is burned, with or without heated metal, into human tissue with the intention of leaving a permanent mark.

(9) "Certified food safety manager" means a manager of a food service establishment who:

(a) passes successfully a department-approved examination;

(b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements;

and (c) submits to the appropriate local health department the documentation required by Section 26B-7-412.

(10) "Ear piercing" means the puncturing of the lobe of the ear with piercing equipment to insert stud- and-clasp jewelry according to the directions provided by the piercing equipment's manufacturer.

(11) "Farm" means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation.

(12) "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.

(13) (a) "Food service establishment" means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food.

(b) "Food service establishment" does not include a child care provider or program licensed under Chapter 2, Part 4, Child Care Licensing.

(14) "Microblading" means a procedure where a hand tool with a blade formed of tiny needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the eyebrow area with fine and short strokes.

(15) - 4 - HB0379 compared with HB0379S02 (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;

(v) a bed and breakfast;

or (vi) a residence-based group care facility.

(16) "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.

(17) (a) "Permanent cosmetics" means a permanent or semi-permanent tattoo:

(i) to the eyebrows, eyelids, lips, or other parts of the body for beauty marks, hair imitation, lash enhancement, or areola repigmentation;

and (ii) performed by an individual not licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.

(b) "Permanent cosmetics" includes permanent makeup, micropigmentation, micropigment implantation, microblading, dermagraphics, or cosmetic tattooing.

(18) "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 and temperature controlled 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.

(19) "Scarification" means the process in which a mark is cut into human skin tissue with the intent of leaving a permanent mark.

- 5 - HB0379 compared with HB0379S02 (20) "Time and temperature controlled food" means food that requires time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation.

{Section 3.

Section 26B-7-411 is amended to read:

} 26B-7-411.

Exemptions to food service establishment requirements.

(1) As used in this section, "child care provider" means a child care provider or program licensed under Chapter 2, Part 4, Child Care Licensing.

(2) The following are not subject to the provisions of Section 26B-7-410:

(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 2, Part 2, Health Care Facility Licensing and Inspection;

(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 2, Part 4, Child Care Licensing;] [(i)] (g) back country food service establishments;

[(j)] (h) 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)] (5);

and [(k)] (i) 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.

(3) Child care providers are not subject to the provisions of this part.

[(2)] (4) Nothing in this section may be construed as exempting a food service establishment described in Subsection [(1)] (2), or a child care provider, from any other applicable food safety laws of this state.

- 6 - HB0379 compared with HB0379S02 [(3)] (5) 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)] (2)(h).

Section 126B-7-417 is enacted to read:

26B-7-417.26B-7-417 .

(b)H.B. "Child care food preparation kitchen" means the kitchen in the center based child care facility of a licensed provider:

379 Enrolled Copy (b) "Child care food preparation kitchen" means the kitchen in the center based child care facility of a licensed provider:

(2)(2)(a) (a) In collaboration with representatives of each child care provider association in the state, the department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:

- 7 - HB0379 compared with HB0379S02 (A) volume of food prepared;

(i)- a2 commercial- grade:Enrolled Copy H.B.

379 (i) a commercial grade:

Effective date.

2-18-26 12:19 PM - 83 -