1. (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. (2) An operator shall only qualify for a microenterprise home kitchen permit if:

   1. (a) food that is served at the microenterprise home kitchen is processed in compliance with state and federal regulations; and
   2. (b) the microenterprise home kitchen operates only during the hours approved in the microenterprise home kitchen permit.
3. (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. (4) An operator applying for a microenterprise home kitchen permit shall provide to the local health department:

   1. (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

   2. (b) written standard operating procedures that include:

      1. (i) food and food types that will be stored, handled, and prepared;
      2. (ii) the proposed procedures and methods of food preparation and handling;
      3. (iii) procedures, methods, and schedules for cleaning utensils and equipment;
      4. (iv) procedures and methods for the disposal of refuse; and
      5. (v) a plan for maintaining TCS food at the appropriate temperatures for each TCS food.
5. (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. (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. (7) The operator shall ensure that a microenterprise home kitchen permit:

   1. (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);
   2. (b) is renewed on an annual basis until the operator discontinues microenterprise home kitchen operations; and
   3. (c) is restricted to the location and hours listed on the permit application.

8. (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:

   1. (a) the permit
   2. (b) this rule; or
   3. (c) Section 26B-7-416.

9. (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:

   1. (a) the specific reasons and rule citations for permit denial; and
   2. (b) any actions the applicant must take to qualify, or requalify, for a permit.

10. (10) A microenterprise home kitchen shall:

    1. (a) comply with the requirements specified in Subsection 26B-7-416(8); and

    2. (b) ensure the consumer receives operator-provided food:

       1. (i) in a manner that protects the food from contamination, as required in Section R392-106-10; and
       2. (ii) in accordance with the time and temperature requirements specified in Section R392-106-11.
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. (12) The local health officer shall ensure that:

    1. (a) a microenterprise home kitchen permit includes a statement that reads, "This location is permitted under modified FDA requirements."; and
    2. (b) the operator is provided the opportunity to update the information required in Subsection (4)(b) without requiring the operator to renew the permit.

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