"Cottage food operation" means a person who produces a cottage food product in a home kitchen .
(b)
"Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen.
(c)
"Home kitchen" means a kitchen:
(i)
designed and intended for use by the residents of a home; and
(ii)
used by a resident of the home for the production of a cottage food product.
(d)
"Potentially hazardous food" means:
(i)
a food of animal origin;
(ii)
raw seed sprouts; or
(iii)
a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule.
Rules adopted pursuant to Subsection (2) may not require:
(a)
the use of a commercial surface such as a stainless steel counter or cabinet;
(b)
the use of a commercial grade:
(i)
sink;
(ii)
dishwasher; or
(iii)
oven;
(c)
a separate kitchen for the cottage food operation; or
(d)
the submission of plans and specifications before construction of, or remodel of, a cottage food production operation.
(4)
The operator of a cottage food operation shall:
(a)
register with the department as a cottage food operation before operating as a cottage food operation;
(b)
hold a valid food handler's permit; and
(c)
package a cottage food product with a label, as specified by the department in rule.
(5)
Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the department shall issue a registration to an applicant for a cottage food operation if the applicant for the registration:
(a)
pays the fees required by the department; and
(b)
meets the requirements of this section.
(6)
Notwithstanding the provisions of Section 26A-1-114, a local health department:
(a)
does not have jurisdiction to regulate the production of food at a cottage food operation operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and
(b)
does have jurisdiction to investigate a cottage food operation in an investigation into the cause of a foodborne illness outbreak.
(7)
A food service establishment as defined in Section 26B-7-401 may not use a product produced in a cottage food operation as an ingredient in a food that is prepared by the food establishment and offered by the food establishment to the public for consumption.
Section 4-5-501 ("Cottage food operations.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-5-501?
A common citation format is "Utah Code § 4-5-501" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-5-501 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
