Rebecca J. Nielsen
Program Coordinator
Utah Department of Agriculture and Food
Two Regulatory Authorities
Two Business Types
Food Service
(Local Health Department)
 Restaurants
 Food Carts
 Food Trucks
 Caterers
 Hospitals
 Hotels
 Institutions
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Food Establishments
(Utah Dept. of Agriculture & Food)
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Grocery Stores
Bakeries
Manufacturing
Ice Cream Trucks
Produce Stands
Farmer’s Markets
Meat Processors
Warehouses
UDAF Categories
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 Manufactured Foods – Production & wholesale
distribution
 Most foods found on grocery store shelves
are made in manufacturing plants.
 Can be small or large.
 Inspected by FDA or by UDAF personnel
acting as FDA contract inspectors.
 Grocery – Retail sales only, no processing
 Grocery stores, health food stores
 Convenience stores, dollar stores, etc.
UDAF Categories
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 Retail Food Processing – Preparation or repackaging of
food for sale direct to consumers.
 Bakeries and bakery departments
 Meat markets and meat departments
 Farmer’s Market vendors
 Made-to-order foods, such as wedding cakes
 Warehouses – Storage & distribution, no processing
 Storage and distribution of food, with no repackaging or
processing of the food.
 Inspected by UDAF.
No Registration Required
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 Small Volume of Food
 Locations such as hardware and auto supply stores with candy at
checkout.
 If total volume of food never exceeds 1 pallet, prepackaged only,
and none is potentially hazardous.
 Distribution without storage
 Some distribution companies move product from shipping to
delivery immediately, with no storage. Others handle
distribution remotely, and never take possession of product.
 Cosmetics, lotions, lip balms, aromatherapy
 Non-edible cake decorations
Special Situations
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 Some foods are regulated by other agencies,
or have additional requirements:
 Meat and poultry products, wholesale
 May be inspected by USDA instead of UDAF.
 Dairy products
 Regulated by UDAF dairy program rather than food
inspection.
 Low acid and Acidified Canned Goods, Fish and
Shellfish, Sprouts, Fermented Foods, and Juices
 Need to be registered with FDA, extra regulations apply.
 Pet Food and Treats
 Regulated by Plant Industry division at UDAF,
not by Food Compliance.
But what if a food business wants to
operate in their own home?
The Utah Cottage Food
Rule
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 Cottage Food Statute passed in 2007
 Food production allowed in a residential kitchen, not
requiring commercial-grade sinks, surfaces, or appliances.
 Same rules of sanitation as a commercial facility.
 Labeling requirements are the same, except for additional
requirement of “Home Produced”.
 Must be registered and inspected by the Utah Department
of Agriculture and Food.
Differences
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Cottage Foods
Commercial Foods
 No free roaming pets allowed,
with access to kitchen
 No animals permitted in
kitchen area at all
 Only shelf-stable foods
 No restrictions on refrigerated
products
 Foods that require registration
with the FDA (eg. Low acid and
acidified canned goods) are not
compatible
 Some food types may require
more training or different types
of inspection.
 Cannot sell to restaurants for use
as ingredients.
 No restrictions on sales to
restaurants
 For sale only within Utah,
products subject to embargo in
other states
 Eligible for interstate commerce
Food Types in Current Cottage Food
Establishments
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 Cakes
 Cupcakes
 Breads
 Cookies
 Chocolates
 Candy
 Honey
 Fudge
 Granola
 Baklava
 Suckers
 Chocolate covered
strawberries
 Jam and preserves
Interface with Business Licensing
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 Applicants are sometimes confused about whether
they need a business license before or after
registering with UDAF.
 If a business license is issued prior to inspection or
registration with a regulatory agency, the business
may assume they don’t need anything else and not
register at all.
 Inquiries for business licenses for food businesses
can be referred to the appropriate regulatory agency
to start that part of the process.
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Any questions?