1. (1) "Department" means the Utah Department of Health.
2. (2) "FDA Food Code" means the FDA Model Food Code incorporated by reference with amendments in Rule R392-100, Food Service Sanitation.
3. (3) "Food handler" means a person who works with unpackaged food, food equipment or utensils, or food-contact surfaces for a food establishment as defined in FDA Food Code.
4. (4) "Food handler permit" means a permit issued by a local health department to allow a person to work as a food handler.
5. (5) "Food processing facility" means a commercial operation that manufactures, packages, labels, or stores food for human consumption, but does not provide food directly to a consumer, including any establishment that cans food, or packages food in packaging with a modified atmosphere, and is inspected by the local, state, or federal food regulatory agency having jurisdiction.
6. (6) "Local health department" has the same meaning as provided in Subsection 26A-1-102(5).
7. (7) "Local health officer" means the health officer of the local health department having jurisdiction, or designated representative.
8. (8) "Nuisance" means a condition or hazard, or the source thereof, that may be deleterious or detrimental to the health, safety, or welfare of the public.
9. (9) "Operator" means any person who owns, leases, manages or controls, or who has the duty to manage or control a residential care facility.
10. (10) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.
11. (11) "Provider" means a person with ownership or overall responsibility for managing or operating a residential care facility.
12. (12) "Recovery residence" has the same meaning as provided in Section 26B-2-101.

13. (13) "Residential care facility" means:

    1. (a) a certified or licensed child care facility, including a residence, that provides care for 16 or fewer children; or

    2. (b) a facility with a 24-hour group living environment for between four and 12 individuals unrelated to the owner or provider such as:

       1. (i) a residential treatment program;
       2. (ii) a residential support program; or
       3. (iii) a recovery residence.
14. (14) "Residential support" has the same meaning as provided in Section 26B-2-101.
15. (15) "Residential treatment" has the same meaning as provided in Section 26B-2-101.
16. (16) "Service animal" has the same meaning as provided in Section 35.104 of the Americans with Disabilities Act Title II Regulations.
17. (17) "Time and temperature control for safety food" or "TCS" means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation, including any inclusion or exclusion defined in FDA Food Code.

For the purposes of this rule:

KEY: child care providers, food service, residential support, residential treatment

Date of Last Change: November 8, 2023

Notice of Continuation: March 2, 2026

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402; 26B-2-402(1)