What the Rules Say

Salt Lake County Health Regulation #5: The Pest Rules, Inspections and Enforcement Steps

Written for: Salt Lake County restaurant owners and managers; anyone reading a county inspection report

Every code on a Salt Lake County inspection report is a section number in the county’s own food regulation, Health Regulation #5, Food Sanitation. The regulation was adopted by the county Board of Health in 1981 and last amended May 3, 2018; its pest sections follow the FDA Food Code almost word for word, with the county’s numbering. This page quotes the pest sections as the county wrote them, then the parts of the regulation that decide what happens after an inspection. The Food Code text behind each section, with FDA’s reasons, is on the Food Code page.

The pest sections, as numbered on your report

4.6.15 Outer Openings:

4.6.15 Outer Openings – Protected. (i) Except as specified in section (ii), (iii), and (v) and under section (iv) of this section, outer openings of a food establishment shall be protected against the entry of insects and rodents by: a. Filling or closing holes and other gaps along floors, walls, and ceilings; b. Closed, tight-fitting windows; and c. Solid, self-closing, tight-fitting doors. — Salt Lake County Health Regulation #5, § 4.6.15(i), p. 138

The county version adds food trucks and carts to the screening provision:

if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes or a temporary food establishment, food truck, or food cart is not provided with windows and doors as specified under section (i) of this — Salt Lake County Health Regulation #5, § 4.6.15(iv), p. 138

section, the openings shall be protected against the entry of insects and rodents by: a. 16 mesh to 25.4mm (16 mesh to 1 in) screens; b. Properly designed and installed air curtains to control flying insects; or c. Other effective means. — Salt Lake County Health Regulation #5, § 4.6.15(iv), p. 139

4.6.50 Controlling Pests (marked II, a Critical 2 item, in the regulation):

4.6.50 Controlling Pests. II The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: (i) Routinely inspecting incoming shipments of food and supplies; N (ii) Routinely inspecting the premises for evidence of pests N — Salt Lake County Health Regulation #5, § 4.6.50, p. 143

(iii) Using methods, if pests are found, such as trapping devices or other means of pest control as specified under 4.7.5, 4.7.14 - 4.7.15; and (iv) Eliminating harborage conditions. N — Salt Lake County Health Regulation #5, § 4.6.50, p. 144

The N marks on the sub-items are the county’s: the sub-items about inspecting deliveries and premises and eliminating harborage are non-critical even though the heading is critical. That is why “Controlling Pests” appears on reports in both a critical and a non-critical form.

4.6.51 Removing Dead or Trapped Pests:

4.6.51 Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests. — Salt Lake County Health Regulation #5, § 4.6.51, p. 144

4.6.13 Insect Control Devices:

4.6.13 Insect Control Devices – Design and Installation. (i) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device. (ii) Insect control devices shall be installed so that: — Salt Lake County Health Regulation #5, § 4.6.13, p. 137

a. The devices are not located over a food preparation area; and b. Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles. — Salt Lake County Health Regulation #5, § 4.6.13(ii), p. 138

4.6.40 Repairing:

4.6.40 Repairing – Physical Facilities. The physical facilities shall be maintained in good repair. — Salt Lake County Health Regulation #5, § 4.6.40, p. 142

4.7.4 Restriction (marked II) and 4.7.5 Conditions of Use (marked I), the poisonous-or-toxic-materials sections:

4.7.4 Restriction – Poisonous or Toxic Materials. II (i) Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food establishment. (ii) Section (i) of this section does not apply to packaged poisonous or toxic materials that are for retail sale. — Salt Lake County Health Regulation #5, § 4.7.4, p. 148

4.7.5 Conditions of Use – Poisonous or Toxic Materials. I Poisonous or toxic materials shall be: (i) Used according to: a. Law and this Regulation, b. Manufacturer’s use directions included in labeling, and, for a pesticide, manufacturer’s label instructions that state that use is allowed in a food establishment, — Salt Lake County Health Regulation #5, § 4.7.5(i), p. 148

(iii) A restricted use pesticide shall be applied only by an applicator certified as defined in 7 U.S.C. 136(e) Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator. — Salt Lake County Health Regulation #5, § 4.7.5(iii), p. 149

4.7.13, 4.7.14, 4.7.15 (each marked I):

4.7.13 Restricted Use Pesticides – Criteria. I Restricted use pesticides specified under section 4.7.5 (iii) shall meet the requirements specified in 40 C.F.R. 152 section I - Classification of Pesticides. — Salt Lake County Health Regulation #5, § 4.7.13, p. 151

4.7.14 Rodent Bait Stations. I Rodent bait shall be contained in a covered, tamper-resistant bait station. — Salt Lake County Health Regulation #5, § 4.7.14, p. 151

Critical and non-critical, as the regulation defines them

2.25 “Critical 1 Item (Priority Item)” 2.25.1 Shall mean a provision of this Regulation whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. — Salt Lake County Health Regulation #5, § 2.25, p. 4

2.26 “Critical 2 Item (Priority Foundation Item)” 2.26.1 Shall mean a provision in this Code whose application supports, facilitates or enables one or more priority items. — Salt Lake County Health Regulation #5, § 2.26, p. 4

2.73 “Non-critical item” shall means a provision in this Regulation that is not designated as a Critical 1 item or a Critical 2 item. Non-critical item includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance. — Salt Lake County Health Regulation #5, § 2.73, p. 13

In the regulation, critical items are marked with the Roman numerals I and II; on the public report they are marked with asterisks (how to read the report).

How often inspections come

The regulation and the county’s web pages say different things, and this site quotes both rather than choosing.

6.3.1 Except as specified in 6.3.2, the Department may inspect a food establishment at least once every 6 months and seasonal operations shall be inspected twice a season. — Salt Lake County Health Regulation #5, § 6.3.1, p. 163

The higher the risk level, the more frequently the establishment will receive a routine, unscheduled (i.e., “surprise”) inspection according to the approximate frequency below. We also conduct inspections based on complaints from the public. Risk Level 1: once per year Risk Level 2: every 9 months Risk Level 3: twice per year Risk Level 4: three times per year — Salt Lake County Health Department, Inspection Reports page, read Nov. 3, 2026

The regulation also lets the Department shorten the interval based on history, and the list of reasons includes complaints:

6.3.3 Performance and Risk-Based Inspection Interval. The Department may shorten the interval between inspections if the Department determines it necessary according to the food establishment’s history of compliance with this Regulation and the establishment’s potential as a vector of foodborne illness by evaluating: (i) Past performance, for nonconformance with this Regulation or HACCP plan requirements that are critical; (ii) Past performance, for numerous or repeat violations of this Regulation or HACCP plan requirements that are noncritical; (iii) Past performance, for complaints investigated and found to be valid; — Salt Lake County Health Regulation #5, § 6.3.3, p. 163

The correction clocks

This is the part of the regulation a manager with a fresh report needs most:

7.3.2 Timely Correction. (i) Except as specified in section (ii) of this section, a permit holder, food establishment owner, or other person in charge shall at the time of inspection correct a critical violation of this Regulation and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. — Salt Lake County Health Regulation #5, § 7.3.2(i), p. 166

(ii) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Department may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the permit holder, food establishment owner, or other person in charge to correct critical regulation violations or HACCP plan deviations. (iii) Except as specified in section (iv) of this section, the permit holder shall correct noncritical violations by a reasonable date and time agreed to or specified by the Department but no later than 30 calendar days after the inspection. (iv) The Department may approve an alternative compliance schedule if a written schedule of compliance is submitted by the permit holder and no immediate health hazard exists or will result from allowing an extended schedule for compliance. — Salt Lake County Health Regulation #5, § 7.3.2(ii)–(iv), p. 167

In plain terms: a critical pest line (a pest seen, a pesticide found) is meant to be corrected on the spot, or within 10 days if the Department agrees. A non-critical pest line (a door gap, a dead insect not removed, a fly strip in the wrong place) has up to 30 days, or longer on a written schedule the Department approves. The corrective-action log in the Records Binder has a column for the date the Department set.

The follow-up inspection and its fee

5.1.5 Food Establishment Follow-Up Inspection Fee. The Department will charge a follow-up fee to the owner, permit holder or other person in charge of a food — Salt Lake County Health Regulation #5, § 5.1.5, p. 158

establishment when conditions found during an inspection require a follow-up inspection to ensure compliance. The owner or permit holder shall remit to the Department food establishment follow-up fee in the amount as provided for or as approved by the Director in the Department’s fee schedule, following a follow-up inspection. — Salt Lake County Health Regulation #5, § 5.1.5, p. 159

The county’s inspection site states the amount:

A Follow-up Inspection is an inspection done at an establishment where the inspector has identified a number of critical or many on-going non-critical violations, or a combination of both. A $100 fee is charged to a food establishment for a follow-up inspection. — Salt Lake County Health Department, Public Health Inspections site, Inspection types

Notice of violation, conference, hearing

The inspection report itself can be the notice of violation:

At the Department’s discretion and if so noted on the Inspection Report, the Department may deem the Inspection Report to be an official Notice of Violation & Order of Compliance (“Inspection Report NOV” or “NOV”). — Salt Lake County Health Regulation #5, § 7.3.1, p. 166

A notice can be contested, and a conference can be requested:

7.3.3 Challenging an NOV. As detailed in the Department’s Adjudicative Hearing Procedures, a party aggrieved by an NOV may appropriate administrative relief in writing within ten (10) days of the date of the NOV. — Salt Lake County Health Regulation #5, § 7.3.3, p. 167

After issuance of the NOV, the alleged violator has the option to request and attend a Departmental Conference to discuss the NOV and settlement with the Department. No hearing officer will be present. The process of requesting a Departmental Conference is more fully described in the Department’s Adjudicative Hearing Procedures. — Salt Lake County Health Regulation #5, § 7.3.4(i), p. 167

(iv) Failing to respond to an NOV. If a party fails to respond to an NOV within the required time, the NOV becomes a final order unappealable to any administrative entity or court. The Department may then enforce the order in state court. — Salt Lake County Health Regulation #5, § 7.3.4(iv), p. 168

Ten days is the number to know. If the report is marked as an NOV and you disagree with a line, the written challenge window is ten days from the date of the NOV. This site does not say how to argue one; that is a question for counsel.

Summary suspension

Closures for pests are rare, and the regulation’s standard for one is an imminent health hazard:

(ii) Summary Permit Suspension. The Department may summarily suspend, without prior warning, notice of a hearing or a hearing, a permit to operate a food establishment if it determines through inspection, or examination of employees, food, records, or other means as specified in this Regulation, that an imminent health hazard exists. — Salt Lake County Health Regulation #5, § 7.4.4(ii), p. 170

2.61 “Imminent health hazard” shall mean a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on: 2.61.1 The number of potential injuries or illnesses, and 2.61.2 The nature, severity, and duration of the anticipated injury or illness. — Salt Lake County Health Regulation #5, § 2.61, p. 11

The suspension notice must name a Department representative to whom a written request for reinspection may be made, and a permit holder has five days to request a conference or hearing. The regulation’s penalty schedule (Appendix A) lists “Rodent/Pest Infestation” among its examples of a critical violation causing an imminent health hazard; the dollar figures in that table are not quoted here because the saved text extraction interleaves the table’s columns, and this site does not quote what it cannot check character for character.

Your right to the file

6.5 The owner or other responsible person may request information gathered by the Department during an investigation, inspection or review as authorized by the Government Records Access and Management Act, §§ 63G-2-101 to -901 (2011). — Salt Lake County Health Regulation #5, § 6.5, p. 164

Complaint investigations and foodborne-illness investigations are not on the public site; the county says they may be viewed at its office through a GRAMA request.