1. (1) Notwithstanding Section 26A-1-114, a local health department:

   1. (a) does not have jurisdiction to regulate the production of food at a cottage food production operation, operating in compliance with this rule, if the products are not offered to the public for consumption on the premises; and
   2. (b) does have jurisdiction to investigate a cottage food production operation in any investigation into the cause of a foodborn illness outbreak.
2. (2) A food service establishment as defined in Subsection 26-15a-102(3), shall not use a product produced in a cottage food operation as an ingredient in any food that is prepared by the food establishment and offered by the food establishment to the public for consumption.

KEY: food safety, cottage foods, food establishment registration, inspections

Date of Last Change: January 12, 2023

Notice of Continuation: December 20, 2021

Authorizing, and Implemented or Interpreted Law: 4-5-501(2)