Health and Human Services

Population Health, Environmental Health

Rule 101: Food Safety Manager Certification

Effective Date: 06/29/2026

Admin. Code Reference: R392-101

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Rule or section number:

R392-101

Filing ID: 57905

Agency Information

1. Title catchline:

Health and Human Services, Population Health, Environmental Health

Building:

Cannon Health Building

Street address:

288 N 1460 W

City, state:

Salt Lake City, UT

Mailing address:

PO Box 142102

City, state and zip:

Salt Lake City, UT 84114-2102

Contact persons:

Name:

Phone:

Email:

Karl Hartman

801-538-6191

khartman@utah.gov

Mariah Noble

385-214-1150

mariahnoble@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R392-101. Food Safety Manager Certification

3. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

If yes, any bill number and session:

HB 172 (2026 General Session)

4. Purpose of the new rule or reason for the change:

This proposed amendment to Rule R392-101 is necessary to align this rule with statutory changes enacted by the Legislature through HB 172 (2026 General Session), which amended Sections 26B-7-411 and 26B-7-412. The statutory amendments extend the certification renewal period for certified food safety managers from three years to five years and modify exemptions from food service establishment requirements.

Existing provisions in Rule R392-101 conflict with amended statute. Without this filing, this rule would continue to state that food safety manager certifications are valid for three years, which is inconsistent with the statutory requirement for a five-year renewal cycle.

Additionally, this rule's list of exempt food establishment categories does not reflect newly enacted statutory exemptions for nonprofit fundraising events.

This filing is necessary to ensure this rule is consistent with governing law and to provide clarity for regulated entities and local health departments.

5. Summary of the new rule or change:

This filing amends Rule R392-101 to extend the validity period for food safety manager certification from three years to five years.

It also adds an exemption for certain nonprofit fundraising events where donated food is served and a certified food safety manager is present.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The Department of Health and Human Services (department) does not anticipate any cost or savings to the state budget as a result of this filing.

Extending the certification period is expected to reduce administrative workload related to certification tracking and processing, but this is not handled at the state level.

B. Local governments:

Local health departments are not expected to incur additional costs.

Local governments may experience administrative savings due to fewer certification renewals processed over time.

This fiscal benefit is inestimable because local health departments do not separately track staff time or costs attributable to processing food safety manager certifications, and savings will vary by jurisdiction, staffing structure, and certification volume.

C. Small businesses ("small business" means a business employing 1-49 persons):

Small businesses operating food establishments are expected to experience a savings because certified food safety managers will be required to renew certification less frequently.

This fiscal benefit is inestimable because renewal costs vary by certification provider, training modality, and business practices, and the department does not collect data on individual small business training expenditures.

There is no anticipated cost associated with changing the renewal period for certification.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

Non-small businesses operating food establishments are expected to experience a savings because certified food safety managers will be required to renew certification less frequently.

There is no anticipated cost associated with changing the renewal period for certification.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

Nonprofit organizations and individuals seeking certification are expected to experience a savings because certified food safety managers will be required to renew certification less frequently.

There is no anticipated cost associated with changing the renewal period for certification.

Nonprofit organizations may experience a savings as a result of the new exemption for fundraising events, as described in Section 26B-7-411, amended by HB 172 passed in the 2026 General Session.

However, any savings attributed to this change is a result of the bill, not this rule filing, and is captured in the fiscal note that can be viewed at https://pf.utleg.gov/public-web/sessions/2026GS/fiscal-notes/HB0172S01.fn.pdf.

F. Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons, identified as small businesses, non-small businesses, or other persons who are certified food safety managers and food establishments.

Affected persons also include the department and local health departments who process renewals for certification.

The changes in this filing are anticipated to decrease the frequency required for certification renewal and, therefore, decrease associated costs.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 26B-1-202

Section 26B-7-410

Section 26B-7-412

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

06/16/2026

10. This rule change MAY become effective on:

06/23/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Tracy S. Gruber, Commissioner

Date:

04/19/2026

R392. Health and Human Services, Population Health, Environmental Health.

R392-101. Food Safety Manager Certification.

R392-101-1. Authority and Purpose of Rule.

(1) Section 26B-7-410 and Subsections 26B-1-202(2)(a) and 26B-1-202(2)(z) authorize this rule.

(2) This rule establishes statewide uniform standards for certified food safety managers and implements Section 26B-7-412.

R392-101-2. Definitions.

(1) "Agritourism food establishment" means the same as defined in Section 26B-7-401.

(2) "Certified food safety manager" means the same as defined in Section 26B-7-401.

(3) "Charitable organization" means a group of any size who desire to feed disadvantaged groups under the requirements of Rule R392-104, Feeding Disadvantaged Groups.

(4) Commercially prepackaged means any food packaged in a regulated food processing plant that does not require temperature control and is stored and used in accordance with the manufacturer's label.

(5) Continental breakfast means a breakfast meal restricted to:

(a) beverages such as coffee, tea, and fruit juices;

(b) pasteurized Grade A milk;

(d) frozen and commercially processed and prepackaged fruits;

(e) commercially prepackaged baked goods, such as pastries, rolls, breads and muffins that are non-potentially hazardous foods;

(f) cereals;

(g) commercially prepackaged jams, jellies, honey, and syrup;

(h) pasteurized Grade A creams and butters, non-dairy creamers, or similar products;

(i) commercially prepackaged hard cheeses, cream cheese and yogurt in unopened packages; and

(j) foods served with single-use articles.

(6) "Department" means the Department of Health and Human Services.

(7) "Disadvantaged group" means a homeless or temporarily displaced group.

(8)(a) "Food service establishment" or "food establishment" means the same as defined in Section 26B-7-401.

(9) "Heat and serve" means food that is precooked by the manufacturer and does not require cooking to critical temperatures as required by Rule R392-100, Food Service Sanitation, but only requires heating to meet the customer's satisfaction.

(10) "Local health department" means the same as defined in Subsection 26A-1-102(6).

(11) "Local health officer" means the health officer, or a designated representative, of the local health department having jurisdiction.

(12) "Microenterprise home kitchen" means the same as defined in Section 26B-7-401.

(13) "Potentially hazardous food" means the same as a time and temperature controlled food.

(14) "Single-use article" means a utensil designed and constructed to be used once and discarded.

(15) "Time and temperature controlled food" means the same as defined in S[ubs]ection 26B-7-401.

R392-101-3. Certification and Recertification Exam Content.

A certification and recertification exam shall require the examinee to demonstrate knowledge in food protection management in:

(1) identifying foodborne illness, including:

(a) defining terms associated with foodborne illness, including:

(i) foodborne illness;

(ii) foodborne outbreak;

(iii) foodborne infection;

(iv) foodborne intoxication; and

(v) foodborne pathogens;

(b) recognizing the major organisms and toxins that can contaminate food and those major organisms and toxins' associated risks to human health for:

(i) bacteria;

(ii) viruses;

(iii) parasites; and

(iv) fungi;

(d) defining and recognizing chemical and physical contamination along with the associated injuries and illnesses;

(e) defining and recognizing the major contributing factors for foodborne illness; and

(f) recognizing how microorganisms cause foodborne disease;

(2) identifying time and temperature relationship with foodborne illness, including:

(a) recognizing the relationship time and temperature has with microorganism survival, growth, and toxin production during:

(i) receiving;

(ii) storing;

(iii) thawing;

(iv) cooking;

(v) hot holding;

(vi) serving;

(vii) cooling;

(viii) cold holding;

(ix) reheating; and

(x) transporting;

(b) describing the use of thermometers in monitoring food temperatures, including:

(i) types of thermometers;

(ii) monitoring techniques and frequency; and

(iii) thermometer calibration and frequency;

(3) describing the relationship between personal hygiene and food safety, including:

(a) recognizing the association between hand contact and foodborne illness, including:

(i) correct hand washing technique and frequency;

(ii) proper use of gloves, including replacement frequency; and

(iii) no bare hand contact with ready-to-eat food;

(b) identifying correct hygienic practices for:

(i) smoking;

(ii) eating and drinking; and

(iii) proper clothing and hair restraints;

(i) symptoms of food-transmissible disease; and

(ii) reportable foodborne illness diagnoses and exposure history;

(d) recognizing how policies, procedures, and managerial controls contribute to improved hygiene practices;

(4) describing methods for preventing food contamination, including:

(a) defining terms associated with contamination, including:

(i) cross contamination;

(ii) adulteration;

(iii) package and container integrity; and

(iv) approved source;

(b) identifying potential hazards and methods to minimize or eliminate hazards in the food establishment, including:

(i) personal hygiene and hand washing;

(ii) cross contamination from food to food;

(iii) cross contamination between equipment and utensils;

(iv) contamination from chemicals;

(v) contamination from unapproved additives;

(vi) physical contamination;

(vii) contamination during service and display;

(viii) contamination from customers; and

(ix) storage;

(5) explaining the difference between cleaning and sanitizing, and describing the correct procedures for cleaning and sanitizing equipment and utensils, including:

(a) identifying the commonly used chemicals approved for sanitizing food-contact surfaces;

(b) identifying appropriate cleaning and sanitizing procedures when using the following methods:

(i) manual dishwashing;

(ii) mechanical dishwashing; and

(iii) clean-in-place; and

(6) recognizing problems and potential solutions associated with facility, equipment, and layout, including:

(a) identifying facility requirements, including design and construction suitable for food establishments to include:

(i) refrigeration;

(ii) heating and hot holding;

(iii) floors, walls and ceilings;

(iv) pest control;

(v) lighting;

(vi) plumbing;

(vii) ventilation;

(viii) water supply;

(ix) wastewater disposal; and

(x) waste disposal; and

(b) identifying equipment and utensil design and location; and

(7) recognizing problems and potential solutions associated with temperature control, preventing cross contamination, housekeeping, and maintenance by:

(a) self-inspection program;

(b) pest control program;

(d) equipment and facility maintenance program.

R392-101-4. Food Safety Manager Certification Courses.

(1) A course approved by the department shall be designed for a specific approved exam as described in Subsection R392-101-5(1).

(2) The course developer shall certify the instructor.

(3) The department shall approve the course for three years.

R392-101-5. Exam Approval.

(1) A person or business seeking approval of an exam shall:

(a) provide to the department evidence of food safety manager training program accreditation from the American National Standards Institute (ANSI); or

(b) be listed on the ANSI-CFP Accreditation Program directory.

(2) A person may not represent an exam as department-approved, or other similar language, if the exam is not accredited by ANSI or listed on the ANSI-CFP Accreditation Program directory.

R392-101-6. Exam Administration.

(1) An exam administrator shall:

(a) provide proctors and security at the locations where the exam is administered;

(b) maintain a tracking system for each exam to protect against theft;

(d) provide necessary staff to administer, proctor, and grade exams;

(e) maintain records of each candidate's name, home address, date of birth, pass or fail status, and date of exam for at least three years; and

(f) provide accommodation for examinees who do not speak English.

(2) An exam administrator shall assure there is at least one proctor for every 40 individuals taking the exam.

(3)(a) The proctor shall confirm the identity of an individual who wishes to take the exam by photographic identification, including a driver's license or student identification card.

(b) A legal document bearing the individual's signature may be presented to the proctor to satisfy this requirement if the individual does not have a photographic identification card.

(4) An exam administrator shall provide the following exam security measures to protect the exam from compromise:

(a) exam materials are stored and administered under secure conditions, where access to the exam is limited to the proctor and exam administrator;

(b) exam materials are inventoried before and immediately following each administration of the exam; and

(5) An exam administrator may not:

(a) certify an individual determined to have cheated on the exam; or

(b) administer an exam that has been compromised.

R392-101-7. Certification and Recertification Requirements.

(1) Except as in Subsection (2), a candidate shall answer at least 70% of the questions correctly on a department-approved exam to pass the exam for certification or recertification.

(2) An exam developer may set the passing score for an exam if:

(a) the exam was developed in accordance with the Standards for Educational and Psychological Testing published by the American Psychological Association; and

(b) the exam developer submits documentation that is validated by the department.

(3)(a) To be certified as a food safety manager, a person who successfully passes an exam, as described in Section R392-101-5, shall provide documentation of a passing grade to the local health officer within 60 days of receipt of the documentation.

(b) If a certified food safety manager commences work in a different local health jurisdiction, the certified food safety manager shall notify the local health officer in that jurisdiction.

(4) A local health department:

(a) may not charge a fee to accept or process the documentation described in Subsection (3);

(b) shall accept photocopies or electronic copies of the documentation described in Subsection (3); and

(5) A person who completes the requirement in Subsection (3) shall be certified as a food safety manager statewide.

(6) Food safety manager certifications are effective for [three]five years from the date the applicant receives documentation of a passing

score from the exam administrator.

(7)(a) Except as specified in Section R392-101-8, each food establishment shall maintain a copy of the current food safety manager's certificate on file at the establishment.

(b) The person in charge shall provide this documentation to the local health officer upon request.

(8) To recertify, a certified food safety manager shall submit documentation described in Subsection (3) to the appropriate local health department indicating a passing score within the previous six months before the expiration of the five-year certification period.

(9) A person certified as a food safety manager is exempt from the requirements of Rule R392-103, Food Handler Training and Certificate.

R392-101-8. Exempt Establishments.

The following food establishment types are not subject to the requirements of this rule:

(1) a special event sponsored by a municipal or nonprofit civic organization, including a food booth at a school sporting event, a little league athletic event, or a church function;

(2) a temporary food service event approved by a local health department;

(3) a vendor or other food establishment that serves only commercially prepackaged foods and beverages;

(4) a private home not used as a commercial food service establishment, except for a microenterprise home kitchen;

(5) a health care facility licensed under Title 26B, Chapter 2, Part [26B-2-]2, Health Care Facility Licensing and Inspection;

(6) a bed and breakfast establishment at which the only meal served is a continental breakfast;

(7) a residential child care provider;

(8) a child care provider and program licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing;

(9) a residential care facility as defined in this rule;

(10) a back country outfitter food establishment;

(11) a free event sponsored by a charitable organization; and

(12) a fundraising event hosted or sponsored by a nonprofit organization, as defined in Section 16-6a-102, if:

(a) a food service establishment donates the food for the fundraising event; and

(b) a certified food safety manager of the donating food service establishment remains on site during the event; and

([12]13) a lowest risk permitted food establishment category, as determined by the local health officer, according to the following risk

assessment evaluation:

(a) the food establishment does not serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served; or

(b) the food establishment may serve a time and temperature controlled food or use a time and temperature controlled food as an ingredient in a food that is served, but there is no cook step in any food preparations.

R392-101-9. Penalties.

Any person who violates this rule may be assessed a civil penalty as provided in Subsection 26B-1-224(2).

KEY: public health, food service, food manager, food safety

Date of Last Change: [November 9, 2025]2026

Notice of Continuation: February 7, 2024

Authorizing, and Implemented or Interpreted Law: 26B-1-202(2)(a); 26B-1-202(2)(z); 26B-7-410

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