HB 379

 Enrolled Copy  H.B. 379
1Child Care Provider Food Preparation Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                    Chief Sponsor: Tracy J. Miller
                                    Senate Sponsor: Heidi Balderree
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to food safety and sanitation for child care providers.
6  Highlighted Provisions:
7      This bill:
8      ▸ exempts child care food preparation kitchens from food service establishment regulations
9  under certain circumstances;
10      ▸ requires the Department of Health and Human Services, in collaboration with child care
11  provider associations, to make rules for child care food preparation kitchens:
12●   for food safety and sanitation; and
13●   to qualify for certain exemptions; and
14      ▸ defines terms.
15  Money Appropriated in this Bill:
16      None
17  Other Special Clauses:
18      None
19  Utah Code Sections Affected:
20  ENACTS:
21      26B-7-417, Utah Code Annotated 1953
22
23  Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 26B-7-417 is enacted to read:
2526B-7-417 . Special requirements for child care food preparation kitchens.
26  (1) As used in this section:
27      (a) "Center based child care" means the same as that term is defined in Section
2826B-2-401.
 H.B. 379  Enrolled Copy
29(b) "Child care food preparation kitchen" means the kitchen in the center based child
30care facility of a licensed provider:
31(i) where food is prepared only for qualifying children in the care of the licensed
32provider and the licensed provider's employees; and
33(ii) that is not open to the public.
34(c) "Child care provider association" means an association:
35(i) that has functioned as a child care provider association in the state for at least
36three years; and
37(ii) that is affiliated with a national child care provider association.
38(d) "Exempt kitchen" means a child care food preparation kitchen that meets the
39requirements for exemption established by the department as described in Subsection
40(2).
41(e) "Food handler" means the same as that term is defined in Section 26B-7-413.
42(f) "Food handler permit" means the same as that term is defined in Section 26B-7-413.
43(g) "Licensed provider" means a person who holds a license from the department under
44Section 26B-2-403.
45(h) "Qualifying child" means the same as that term is defined in Section 26B-2-401.
46   (2)(a) In collaboration with representatives of each child care provider association in the
47state, the department shall make rules in accordance with Title 63G, Chapter 3, Utah
48Administrative Rulemaking Act, to establish:
49(i) exemptions from this part and rules the department makes in accordance with this
50part, for a child care food preparation kitchen; and
51(ii) for an exempt kitchen, rules to establish sanitation and food safety requirements.
52(b) The exemptions described in Subsection (2)(a)(i):
53(i) shall be based on:
54(A) volume of food prepared;
55(B) type of food prepared;
56(C) type of food preparation; and
57(D) food storage; and
58(ii) may not be based on the number of qualifying children for whom food is prepared
59in the child care food preparation kitchen.
60   (3) Rules the department makes in accordance with this section may not require, in a child
61care food preparation kitchen:
62(a) that is an exempt kitchen, the use of:
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 Enrolled Copy  H.B. 379
63(i) a commercial grade:
64(A) dishwasher;
65(B) oven, range, or hood;
66(C) freezer; or
67(D) refrigerator; or
68(ii) a floor sink, if dishes are not stored in other sinks in the exempt kitchen;
69      (b) a certified food safety manager if every food handler has a food handler permit;
70      (c) a three compartment sink, if the child care food preparation kitchen:
71(i) does not prepare raw meat, raw fish, or raw poultry; and
72(ii) has a two compartment sink that is sanitized regularly; or
73      (d) a separate handwashing sink.
74Section 2. Effective Date.
75  This bill takes effect on May 6, 2026.
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