R70. Agriculture and Food, Regulatory Services.R70-560. Inspection and Regulation of Cottage Food Production Operations.
R70-560-1. Authority and Purpose.
(1) Promulgated under the authority of Subsection 4-5-501(2).
(2) This rule establishes the requirements and process for operating a cottage food production operation.
R70-560-2. Definitions.
(1) "Cottage food product" means the same as the term is defined in Subsection 4-5-501(1)(b).
(2) "Cottage food production operation" means the same as a cottage food operation defined in Subsection 4-5-501(1).
(3) "Department" means the Utah Department of Agriculture and Food.
(4) "Food processing plant" does not include a Cottage Food Production Operation.
(5) "Potentially hazardous" means:
(a) food of animal origin;
(b) raw seed sprouts; or
(c) a food that needs time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation.
R70-560-3. Approval of Food.
(1) Before producing food, the operator of a cottage food production operation shall:
(a) at the discretion of the department, provide written confirmation from a department approved food laboratory or process authority, that the food is not potentially hazardous; and
(b) receive approval from the department to produce the food.
(2) A cottage food production operation may only sell department approved foods to the public.
(3) If a cottage food production operation sells fruits and vegetables grown by the operator and the operator applies pesticides, the operator shall have a current private pesticide applicator certification issued by the department under Title 4, Chapter 14, Utah Pesticide Control Act.
R70-560-4. Production Requirements.
(1) A cottage food production operation shall:
(a) ensure that each operator holds a valid food handler's permit;
(b) use finished and cleanable surfaces;
(c) maintain acceptable sanitary standards and practices;
(d) provide separate storage from domestic storage, including refrigerated storage;
(e) provide for annual water testing if not connected to a public water system; and
(f) keep a sample of each food for 14 days and label it with the production date and time.
(2) A cottage food production operation shall comply with Rule R70-530, except that the cottage food production operation shall not need to:
(a) have commercial surfaces, including stainless steel counters or cabinets;
(b) have a commercial grade sink, dishwasher, or oven;
(c) have a separate kitchen; or
(d) submit plans and specifications before construction or remodeling.
(3) A cottage food production operation is prohibited from each of the following:
(a) conducting domestic activities in the kitchen when producing food;
(b) allowing pets in the kitchen;
(c) allowing free-roaming pets in the residence;
(d) washing out or cleaning pet cages, pans, and similar items in the kitchen; and
(e) allowing entry of non-employees into the kitchen while producing food.
(4) a cottage food product shall be prepared by following the recipe used to prepare the food that was submitted for the approval testing needed in Subsection R70-560-3(1). When a process authority has recommended or stipulated production processes or criteria for food, these shall be followed when the food is produced. The recipe and process authority recommendations and stipulations shall be available in the facility for review by the department.
R70-560-5. Inspections, Registration, and Investigations.
(1) The department shall inspect a cottage food production operation:
(a) before issuing a registration for the cottage food production operation;
(b) if the department has reason to believe the cottage food production operation is in violation of this rule or is operating in an unsanitary manner; and
(c) at a frequency determined by the department.
(2) A cottage food production operation shall register with the department as a food establishment pursuant to Rule R70-540 and pay the required fee.
(3) Notwithstanding Rule R70-540, the department shall issue a registration to an applicant for a cottage food production operation if the applicant:
