(1) As used in this section: (a) "Center based child care" means the same as that term is defined in Section 26B-2-401. (b) "Child care food preparation kitchen" means the kitchen in the center based child care facility of a licensed provider: (i) where food is prepared only for qualifying children in the care of the licensed provider and the licensed provider's employees; and (ii) that is not open to the public. (c) "Child care provider association" means an association: (i) that has functioned as a child care provider association in the state for at least three years; and (ii) that is affiliated with a national child care provider association. (d) "Exempt kitchen" means a child care food preparation kitchen that meets the requirements for exemption established by the department as described in Subsection (2). (e) "Food handler" means the same as that term is defined in Section 26B-7-413. (f) "Food handler permit" means the same as that term is defined in Section 26B-7-413. (g) "Licensed provider" means a person who holds a license from the department under Section 26B-2-403. (h) "Qualifying child" means the same as that term is defined in Section 26B-2-401. (2) (a) In collaboration with representatives of each child care provider association in the state, the department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish: (i) exemptions from this part and rules the department makes in accordance with this part, for a child care food preparation kitchen; and (ii) for an exempt kitchen, rules to establish sanitation and food safety requirements. (b) The exemptions described in Subsection (2)(a)(i): (i) shall be based on: (A) volume of food prepared; (B) type of food prepared; (C) type of food preparation; and (D) food storage; and (ii) may not be based on the number of qualifying children for whom food is prepared in the child care food preparation kitchen. (3) Rules the department makes in accordance with this section may not require, in a child care food preparation kitchen: (a) that is an exempt kitchen, the use of: (i) a commercial grade: (A) dishwasher; (B) oven, range, or hood; (C) freezer; or (D) refrigerator; or (ii) a floor sink, if dishes are not stored in other sinks in the exempt kitchen; (b) a certified food safety manager if every food handler has a food handler permit; (c) a three compartment sink, if the child care food preparation kitchen: (i) does not prepare raw meat, raw fish, or raw poultry; and (ii) has a two compartment sink that is sanitized regularly; or (d) a separate handwashing sink.
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