The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Police power of the State; Utah Code Title 26, Chapter 15
- Issued
- 2021-05-05 May 5, 2021
- Effective
- standing (read as 2021-05-05)
- End
- standing (this version superseded May 5, 2021) (read as 2021-05-05)
- In force
- Standing since May 5, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOperating condition
- Addressees
- specified businesses open to the public (food service, lodging, personal care, recreation, health offices, places of public gathering); owners or persons in control of such premises
- Character
- sanitary code duty
- Collection
- Standing duties: Utah DUT-UT
Operative words
The department shall establish and enforce, or provide for the enforcement of minimum rules of sanitation necessary to protect the public health. Such rules shall include... rules necessary for the... operation... of: (1) restaurants and all places where food or drink is handled, sold or served to the public;... (7) amusement parks and all other centers and places used for public gatherings
Penalty
Utah Code section 26-23-6 (Ex. DUT-UT-003); section 26A-1-123 (Ex. DUT-UT-005); permit revocation (section 26-23-6(1)(b), (3))
What it required
Required the Department to establish and enforce minimum sanitation rules for the operation of restaurants and every place where food or drink is served to the public, public pools and baths, schools, resorts and camps, 'amusement parks and all other centers and places used for public gatherings,' hotels and motels, barbershops and beauty shops, physician and dentist offices, public buildings and public conveyances; the rules are enforced by the Department and the local health departments (sections 26A-1-114(1)(a), 26A-1-123(1)(a), Exs. DUT-UT-004, DUT-UT-005).
Retrieval noteOfficial versioned PDF (header: 'Superseded 5/5/2021'). The Department's Food Service Sanitation rule (Utah Admin. Code R392-100) implements subsection (1); the Utah Administrative Code site returned 404 on the rule URLs tried and the rule is not saved (see caveats). The UDOH food-service orders of March 17, March 21, April 1 and April 14, 2020 (Exs. UT-002, UT-005, UT-010) closed every 'food service establishment' to the public and required daily employee symptom screening; the local health departments that license those establishments were the enforcing agencies (Ex. DUT-UT-020: 'Local health departments will be the enforcing entities').