HB 172

Enrolled Copy  H.B. 172
1Food Safety Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Verona Mauga
  Senate Sponsor: Todd Weiler
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to food safety.
6  Highlighted Provisions:
7      This bill:
8      ▸ amends provisions related to exemptions from food service establishment requirements;
9      ▸ extends the period for food safety manager certification renewal from three years to five
10  years;
11      ▸ defines terms; and
12      ▸ makes technical and conforming changes.
13  Money Appropriated in this Bill:
14      None
15  Other Special Clauses:
16      None
17  Utah Code Sections Affected:
18  AMENDS:
19      26B-7-411, as renumbered and amended by Laws of Utah 2023, Chapter 308
20      26B-7-412, as renumbered and amended by Laws of Utah 2023, Chapter 308
21
22  Be it enacted by the Legislature of the state of Utah:
23Section 1. Section 26B-7-411 is amended to read:
2426B-7-411 . Exemptions to food service establishment requirements.
25  (1) The following are not subject to the provisions of Section 26B-7-410:
26      (a) special events sponsored by municipal or nonprofit civic organizations, including
27food booths at school sporting events and little league athletic events and church
H.B. 172  Enrolled Copy
28functions;
29(b) temporary event food services approved by a local health department;
30(c) vendors and other food service establishments that serve only commercially
31prepackaged foods and beverages as defined by the department by rule;
32(d) private homes not used as a commercial food service establishment;
33(e) health care facilities licensed under Chapter 2, Part 2, Health Care Facility Licensing
34and Inspection;
35(f) bed and breakfast establishments at which the only meal served is a continental
36breakfast as defined by the department by rule;
37(g) residential child care providers;
38(h) child care providers and programs licensed under Chapter 2, Part 4, Child Care
39Licensing;
40(i) back country food service establishments;
41(j) an event that is sponsored by a charitable organization, if, at the event, the
42organization:
43(i) provides food to a disadvantaged group free of charge; and
44(ii) complies with rules established by the department under Subsection [(3)] (4); [and]
45(k) a fundraising event hosted or sponsored by a nonprofit organization, as that term is
46defined in Section 16-6a-102, if:
47(i) a food service establishment donates the food for the fundraising event; and
48(ii) a certified food safety manager of the food service establishment remains on the
49site of the fundraising event; and
50[(k)] (l) a lowest risk or permitted food establishment category determined by a risk
51assessment evaluation established by the department by administrative rule adopted
52in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
53   (2) If a food service establishment donates food to a nonprofit organization as described in
54Subsection (1)(k), the department may not require the food service establishment to
55obtain additional training, pay additional fees, or submit to additional testing for the
56purpose of donating, delivering, or serving food at the fundraising event.
57   [(2)] (3) Nothing in this section may be construed as exempting a food service establishment
58described in Subsection (1) or (2) from any other applicable food safety laws of this
59state.
60   [(3)] (4) The department may establish additional requirements, in accordance with Title
6163G, Chapter 3, Utah Administrative Rulemaking Act, for charitable organizations
  -2-
Enrolled Copy  H.B. 172
62      providing food for free under Subsection (1)(j).
63Section 2. Section 26B-7-412 is amended to read:
6426B-7-412 . Certified food safety manager.
65  (1) Before a person may manage a food service establishment as a certified food safety
66      manager, that person shall submit documentation in the format prescribed by the
67      department to the appropriate local health department indicating a passing score on a
68      department-approved examination.
69  (2) To continue to manage a food service establishment, a certified food safety manager
70      shall:
71      (a) successfully complete, every [three] five years, renewal requirements established by
72department rule which are consistent with original certification requirements; and
73      (b) submit documentation in the format prescribed by the department within 30 days of
74the completion of renewal requirements to the appropriate local health department.
75  (3) A local health department may deny, revoke, or suspend the authority of a certified food
76      safety manager to manage a food service establishment or require the completion of
77      additional food safety training courses for any one of the following reasons:
78      (a) submitting information required under Subsection (1) or (2) that is false, incomplete,
79or misleading;
80      (b) repeated violations of department or local health department food safety rules; or
81      (c) operating a food service establishment in a way that causes or creates a health hazard
82or otherwise threatens the public health, safety, or welfare.
83  (4) A determination of a local health department made pursuant to Subsection (3) may be
84      appealed by a certified food safety manager in the same manner provided for in
85      Subsection 26B-7-410(4).
86  (5) No person may use the title "certified food safety manager," or any other similar title,
87      unless the person has satisfied the requirements of this section.
88  (6) A local health department:
89      (a) may not charge a fee to accept or process the documentation described in
90Subsections (1) and (2);
91      (b) shall accept photocopies or electronic copies of the documentation described in
92Subsections (1) and (2); and
93      (c) shall allow an individual to submit the documentation described in Subsections (1)
94and (2) by mail, email, or in person.
95  (7) Certified food safety managers shall:
  -3-
 H.B. 172  Enrolled Copy
96(a) establish and monitor compliance with practices and procedures in the food service
97establishments where they are employed to maintain compliance with department and
98local health department food safety rules; and
99(b) perform such other duties that may be necessary to ensure food safety in the food
100service establishments where they are employed.
101   (8)(a) The department shall establish by rule made in accordance with Title 63G,
102Chapter 3, Utah Administrative Rulemaking Act:
103(i) statewide, uniform standards for certified food safety managers;
104(ii) criteria for food safety certification examinations; and
105(iii) any provisions necessary to implement this section.
106(b) The department shall approve food safety certification examinations in accordance
107with this section.
108(c) The local health department with jurisdiction over the geographic area in which a
109food service establishment is located shall enforce the provisions of this section.
110Section 3. Effective Date.
111   This bill takes effect on May 6, 2026.
  -4-