Utah Administrative Code R392-100 — Food Service Sanitation (Adopts the 2022 FDA Food Code)

Citation

Utah Administrative Code Title R392 (Health and Human Services, Population Health, Environmental Health), Rule R392-100, “Food Service Sanitation.” Read from the Utah Office of Administrative Rules on September 24, 2026. Authorizing law: Utah Code Sections 26B-1-202 and 26B-7-402.

What It Says (Verbatim)

R392-100-4(1) Incorporation by Reference:

“(1) The department incorporates by reference the following: (a) Section 402 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 342; and (b) the 2022 version of the U.S. Food and Drug Administration Food Code (Food Code), Chapters 1 through 8, Annex 1 Parts 8-6 through 8-9 and the December 2024 version of the Supplement to the 2022 Food Code, with the stated exceptions and amendments as established in Subsections R392-100-4(2) and R392-100-4(3).”

R392-100-4(2), the Food Code provisions Utah does not incorporate:

“(2) The following provisions of the Food Code are not incorporated into this rule: (a) Paragraph 5-203.15(B); (b) Paragraphs 5-402.11(B), (C) and (D); (c) Section 8-302.14; (d) Paragraph 8-304.11(K); (e) Annex 1, Section 8-909-20; and (f) Annex 1, Paragraph 8-911.10(B).”

R392-100-3(1), the establishments exempt from the rule:

“(1) The following food service establishments are exempt from the requirements of this rule: (a) a mobile food business; (b) a certified or licensed child care facility, including a residence, that provides care for 16 or fewer children; (c) a residential treatment program, residential support program, or recovery residence, as defined in this rule and in Rule R392-110, that provides a 24-hour group living environment for between four and 16 individuals unrelated to the owner or provider; (d) an agritourism food establishment; and (e) a microenterprise home kitchen.”

The Food Code definition R392-100 incorporates (FDA Food Code 2022, §1-201.10(B), “Food establishment,” paragraph (1)(a)):

“stores, prepares, packages, serves, vends FOOD directly to the CONSUMER, or otherwise provides FOOD for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides FOOD directly to a CONSUMER or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or FOOD bank”

What It Means in Plain Language

R392-100 makes the 2022 FDA Food Code Utah law for food service, with a short list of exceptions. Section 6-501.111, the Food Code’s pest control paragraph, is not on the list of provisions Utah leaves out, and R392-100-4(3) amends a neighboring section (6-501.115, live animals) but not 6-501.111. The pest control requirement comes into Utah law as FDA wrote it.

The exemption list in R392-100-3(1) names five kinds of operations. None is a jail or prison. The Food Code definition the rule incorporates names “institution” among the operations that are food establishments.

For a Utah secure facility housing state inmates, UDC Standard G-05 adds the inspection: the health authority having jurisdiction inspects the food service area at least once a year. See the related page.

Who It Applies To

Food service establishments in Utah, other than the five exempt categories in R392-100-3(1). How a particular local health department permits and inspects a particular jail or prison kitchen is that department’s determination and is not asserted here.

Documentation Evidence

• The local health department’s inspection reports for the facility’s kitchen, including any pest control findings under Food Code Section 6-501.111
• Corrective actions taken on those findings
• Pest control service records showing each element of Section 6-501.111 was met (see the Food Code page)

Confidence Notes

HIGH confidence. Every quotation was read from the rule text published by the Utah Office of Administrative Rules on September 24, 2026, and checked against a full text extraction. The Food Code definition was read from FDA’s 2022 Food Code PDF the same day.

Rule currency: Date of Last Change June 11, 2025; Notice of Continuation November 1, 2021. The Office of Administrative Rules’ record for the rule lists an effective end date of November 1, 2026, five years after that continuation. This page will be re-verified after that date.