Title 81, Title 81

For the promotion and protection of the poultry industry and to prevent, control, and exterminate infectious, contagious, dangerous, and destructive diseases affecting poultry, the department shall: (1) supervise the sanitary condition of poultry in this state, under the provisio…

The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this part or rules adopted under 81-20-101, notwithstanding the existence of other remedies at law. When the application of other remed…

Any person, persons, firm, or corporation violating any provision of 81-20-101 or any rule or order promulgated by authority of the same or who shall obstruct or interfere with the performance of any duty or the exercise of any power hereby conferred shall be guilty of a misdemea…

A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.

(1) A person may not buy, sell, or deal in eggs without first obtaining a wholesale egg dealer's license from the department for each establishment at which business is conducted. (2) The department shall establish a license fee for dealers buying eggs for resale at wholesale. Al…

All license fees shall be remitted to the department of livestock which shall deposit them in the state treasury to the credit of the general fund.

Every person engaged in the business of buying eggs intended for human consumption for resale shall maintain an adequate place for the proper candling and handling of the eggs by an egg grader licensed pursuant to this part or shall purchase only eggs which have already been prop…

A person buying eggs for resale at retail, except persons or firms who do not buy and sell more than 25 cases of eggs per month, shall candle all eggs offered to the person that have not been candled under supervision of a licensed egg grader and shall refuse to buy eggs unfit fo…

(1) Eggs hereinafter defined shall be deemed unfit for human food: (a) "Addled" or "white rot" means an egg that is putrid or rotten. (b) "Adherent yolk" means an egg in which the yolk has become fastened to the shell. (c) "Black rot" means an egg which has deteriorated to such a…

It is unlawful for a person to sell, offer, or expose for sale at wholesale or retail any eggs for human consumption without notifying the person purchasing or intending to purchase the eggs of the exact grade or quality and size or weight of the eggs, according to the standards …

The department of livestock shall enforce this part and adopt rules necessary for the enforcement of this part, including rules for the processing, handling, and marketing of egg products whether shell, liquid, frozen, or dried.

Any person failing to comply with the provisions of this part or any rules adopted pursuant to this part is guilty of a misdemeanor and upon conviction for the first offense shall be punished by a fine of not less than $25 or more than $75. Upon conviction for the second or any s…

A license issued by the department under this part may be revoked by the department when the holder of the license fails to comply with the laws of this state that apply to the conduct of the business under the license. If a firm, person, or corporation whose license has been rev…

As used in this part, the following definitions apply: (1) "Fluid milk plant" means a place where milk or cream is not produced but is purchased or collected and prepared for distribution to the consumer in liquid form. (2) "Public consumption" means the use of milk or cream by t…

(1) Except for a small dairy, it is unlawful for the following businesses to operate in this state without first obtaining a license from the department: (a) a dairy selling milk or cream for public consumption in the form in which it is originally produced; (b) a condensed, evap…

(1) The owners or operators of small dairies, dairies, creameries, butter factories, cheese factories, or other places of business engaged in the production, storage, or transportation of dairy products are not required to procure a license from the department of public health an…

The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating the provisions of this chapter or rules adopted under 81-2-102, notwithstanding the existence of other remedies at law. When the application of other rem…

Any person, persons, firm, or corporation violating any provision of this chapter, or the rule or order promulgated by authority of 81-2-102, shall be guilty of a misdemeanor. Violations of this chapter shall be tried without undue delay in any court of competent jurisdiction.

A person, firm, or corporation which violates this part or rules or orders of the department is liable for damages sustained by a person because of the violation. The damages may be recovered by the person in a civil action in a court of competent jurisdiction.

For the purpose of this chapter, the following definitions are adopted: (1) "Agent" means a person who is authorized by another person to act for that other person in dealing with a third person. (2) "Butter" is the clean, nonrancid product made by gathering the fat of fresh ripe…

(1) The department may regulate and establish sanitation standards for persons operating dairies producing milk for manufacturing purposes. The department may regulate and establish sanitation and quality standards for a person engaged in the processing of manufactured dairy prod…

(1) Every new or amended rule proposed by the department under this chapter shall be mailed to each person licensed under this chapter who will be affected by the rule, at least 45 days before the date on which the rule becomes effective. (2) On application in writing filed at le…

(1) The department shall supervise and enforce the laws and rules which pertain to the standards of quality and sanitation of manufactured dairy products and of cream, whole milk, skimmed milk, condensed milk, evaporated milk, and food additives used in manufacturing dairy produc…

The department shall provide for periodic inspections and investigations to disclose violations of this chapter or of rules adopted under this chapter. The department shall receive and provide for the investigation of complaints and request the institution and prosecution of civi…

The operator of any manufactured dairy products plant or grade A milk plant shall, on request of the department, furnish the department with the names and addresses of all producers from whom the plant obtains milk or cream.

All copies of inspections, written transcriptions, tests, samples of dairy products, analyses, correspondence, records of payment, trip and field reports, and photographic presentations relating to matters under this chapter may be used as evidence in any court of jurisdiction, a…

The provisions of Title 30, chapter 14, part 2, relating to monopoly in the purchase or sale of products in general use are hereby expressly made applicable to all persons engaged in the business of buying milk, cream, or butterfat for the purpose of manufacture and those who sha…

(1) It is unlawful for any person to operate a manufactured dairy products plant, concentrated, condensed, or evaporated milk and/or cream plant, milk and cream buying station, creamery, dairy producing milk for manufacturing purposes, water ice manufacturing plant, cheese plant …

(1) The department may license persons engaged in the production of milk for manufacturing purposes and license persons who manufacture dairy products or products made in their semblance or imitation when the products are made in a manufactured dairy products plant. (2) The depar…

(1) The department may revoke, deny renewal of, or suspend a license issued under this part or its rules for cause or failure to comply with this chapter or with the rules, testing procedures, or methods adopted under this chapter or when the department has reason to believe that…

It is unlawful for a person to engage in hauling milk or cream on an established milk or cream route for a manufactured dairy products plant, milk plant, or milk or cream station without first procuring a license from the department. The department shall establish a fee for the l…

(1) A person may not operate a butterfat, protein, solids, or other component content test where milk or cream is bought and paid for on the basis of these values without first passing an appropriate examination and obtaining the license required by the department. A person desir…

It is unlawful for a person to grade, weigh, or sample milk or cream to be used for processing into grade A milk and cream or used in manufactured dairy products without first procuring a license as a grader, weigher, and sampler from the department and passing the examination re…

(1) All licenses issued under this part are issued as a matter of privilege, rather than as a matter of right, and only after proper qualifications under the rules of the board. (2) All licenses issued under this part are valid, unless suspended or revoked for cause, from the dat…

(1) Licenses and license fees required under this part must be established by the department for the following facilities and activities: (a) a manufactured dairy products plant. However, a plant license is not required of a retail food establishment licensed as provided in Title…

The licenses required under this part apply only to those licenses issued by the department. This part does not repeal or abrogate the authority of or the issuance of licenses by the department of public health and human services.

(1) The department may require a chemist, biologist, microbiologist, serologist, or other qualified employee of the department of public health or other laboratory approved by the department to test or analyze samples of milk, cream, manufactured dairy products, or products made …

(1) A person purchasing or sampling milk or cream for manufacture, sale, or shipment and paying for the milk or cream on the basis of the butterfat, protein, solids, or other compound components contained in the milk or cream as determined by official test, when receiving the mil…

(1) Except as provided in subsection (2), the department has the authority to sample, test, or retest samples of milk or cream or their products at any dairy, at the premises of any supplier of milk or cream for manufacturing purposes, or at any manufactured dairy products plant,…

(1) The department or its authorized agent has the right of entry during normal business hours, including Sundays and holidays, into a dairy supplying milk or cream for manufacturing purposes, manufactured dairy products plant, milk plant, cream receiving station, transportation …

(1) The department may enter into cooperative working agreements with state, county, city, and town departments and their political or departmental subdivisions to facilitate the performance of its functions or duties. (2) This section permits the department to establish cooperat…

Except for milk or cream sold as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, milk or cream purchased for use in milk plants or for use in a manufactured dairy product in this state must be graded by licensed graders, weighers, and samplers. …

(1) Persons receiving or purchasing milk or cream and persons collecting milk or cream on milk or cream routes shall provide a licensed grader, weigher, and sampler at each receiving station or for each route. (2) A person who knowingly employs an unlicensed person as a grader, w…

(1) Before the construction, extensive remodeling, or relocation of a dairy products manufacturing plant, detailed plans must be submitted to the department for review and approval before construction, remodeling, or relocation begins. The plans must show: (a) size of rooms; (b) …

(1) When epidemiological evidence indicates or the likelihood exists that a dairy or manufactured dairy products plant is producing, manufacturing, storing, handling, or offering for sale milk or a manufactured dairy product that is adulterated or that may be detrimental to the h…

Except for a small dairy selling milk or cream as homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, it is unlawful and punishable as a misdemeanor for any person to offer for sale, expose for sale, or sell any cheese in any container or wrapper un…