1. (1) any food requiring cooking, thawing, cooling, freezing, or reheating before sale is cooked, frozen, or reheated as required in Part 3-4 of the FDA Food Code;

2. (2)(a) stored frozen foods are maintained frozen, and commercially processed foods which are labeled to be kept frozen are kept frozen until cooked or sold;

   1. (b) commercially processed foods labeled to be kept frozen that are thawed under refrigeration at 41°F or below in accordance with the manufacturer's directions:

      1. (i) have date marking or other record keeping to indicate when the food entered refrigeration; and
      2. (ii) are discarded seven days after entering the refrigerator;

3. (3) except during preparation, cooking, or cooling, TCS food is maintained:

   1. (a) at 135ºF or higher; or
   2. (b) at 41ºF or lower;

4. (4) except for whole-muscle intact beef steak, if raw animal-derived food is sold undercooked:

   1. (a) the consumer is notified as to which food is being sold undercooked; and
   2. (b) the consumer is informed by way of effective written means that there is a significantly increased risk of consuming such foods;

5. (5)(a) ready-to-eat, TCS food prepared and held at a temperature as required in Subsection (3) is clearly marked to indicate the date or day on which the food was prepared, which is the same date on which the food shall be consumed, sold, or discarded;

   1. (b) ready-to-eat, TCS food prepared and packaged by a food processing plant, and opened and held for more than 24 hours at a temperature as required in Subsection (3):

      1. (i) is clearly marked when the original container is opened in a microenterprise home kitchen to indicate the date or day by which the food shall be consumed, sold, or discarded, with the day the original container is opened being counted as day 1,and the day or date marked by the microenterprise home kitchen not exceeding a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety;

6. (6) a refrigerated, ready-to-eat, TCS food ingredient or a portion of a refrigerated, ready-to-eat, TCS food that is

   subsequently combined with additional ingredients or portions of food retains the date marking of the earliest-prepared or first-prepared ingredient; and

7. (7) a food specified in Subsection R392-106-11(5) is discarded if it:

   1. (a) exceeds the temperature and time combination specified in Section R392-106-11, except time that the product is frozen;
   2. (b) is in a container or package that does not bear a date or day; or
   3. (c) is appropriately marked with a date or day that exceeds a temperature and time combination as specified in Section R392-106-11.

The operator shall ensure that:

KEY: microenterprise, home kitchen, food, public health

Date of Last Change: October 21, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402; 26B-7-416