4-3-607. Department rulemaking -- Fees -- Penalties and enforcement.
(1) Rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall include rules regarding: permits; building and premises requirements; sanitation and operating requirements, including bulk milk tank requirements; additional tests; use of a third-party testing laboratory within or outside of the state; frequency of inspections, including random cooler checks; recordkeeping; and packaging and labeling. The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product. A producer operating under Sectionoris exempt from a rule made by the department under this part. 4-3-608 4-3-609
(2) The department may establish and collect a fee in accordance with Sectionfor the testing or an inspection conducted in accordance with this part. 63J-1-504 Notwithstanding Section, the department shall retain the fee imposed under this Subsectionas a dedicated credit and may only use the fee to administer and enforce this part. 63J-1-504 (2)
(3) If the Department of Health and Human Services or the department links a producer's raw milk or raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this part, the department may impose upon the producer the following administrative penalties: upon the first violation, a penalty of no more than $300; upon a second violation, a penalty of no more than $750; and upon a third or subsequent violation, a penalty of no more than $1,500. The department may impose the penalties described in Subsectionin addition to: (2)(a) suspending a permit under Section; or 4-3-605 issuing a cease and desist order under Section. 4-3-606