Title 4, Title 4: Utah Agricultural Code

4-3-603. Prohibited counts -- Pathogens. (1) The bacterial count of raw milk or raw milk used to produce a raw milk product may not exceed 20,000 colony forming units per milliliter. If the bacterial count of raw milk or the raw milk used to produce the raw milk product exceeds 4…

4-3-604. Labeling. (1) A producer shall label the container of raw milk or a raw milk product with a label that states "raw milk" or "raw milk product" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules made by the department. (2) In addition to compl…

4-3-605. Suspension of permit. (1) The department shall suspend a permit issued under Sectionif: 4-3-301 two out of four consecutive samples or two samples in a 30-day period violate standards established under Section; or 4-3-603 a producer violates this part or a rule made by t…

4-3-606. Foodborne illness outbreak -- Cease and desist. (1) Nothing in this chapter shall impede the Department of Health and Human Services or the department in an investigation of a foodborne illness outbreak. Notwithstanding Subsection, if the Department of Health and Human S…

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…

4-3-608. Exemption for sales and deliveries from farm. (1) A producer may sell raw milk or a raw milk product if the producer complies with this section without: obtaining a permit under Section; or 4-3-301 meeting the requirements of Sectionsthrough. 4-3-602 4-3-605 (2) To be ex…

4-3-609. Exemption for small producers. (1) Except as provided in Subsection, notwithstanding the other provisions of this part, a producer may manufacture, distribute, sell, deliver, hold, store, or offer for sale raw milk or a raw milk product without obtaining a permit or comp…

4-3-610. Severability. (1) If any section, subsection, or provision of this part or the application of any section, subsection, or provision to any person or circumstance is held invalid by a final decision of a court with jurisdiction, the remainder of the part may not be given …

4-4-102. Department to establish egg grades and standards -- Authority to make and enforce rules. (1) The department may establish grades and standards of quality, size, and weight governing the sale of eggs. (2) The department shall, subject to, make and enforce rules that are n…

4-4-103. Definitions. As used in this chapter: (1) "Addled" or "white rot" means putrid or rotten. (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the shell. (3) "Albumen" means the white of an egg. (4) "Black rot" means the egg has deteriorated …

4-4-104. Unlawful acts specified. (1) It is unlawful for any person to sell, offer, or expose for sale for human consumption any egg: that is addled or moldy or that contains black spot, black rot, white rot, blood ring, adherent yolk, or a bloody or green albumen; or without a s…

4-4-105. Maintenance of candling records -- Inspection of records. (1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain candling records as prescribed by the department. (2) All candling records shall be open for examination by accredited inspectors…

4-4-106. Retailers exempt from prosecution -- Conditions for exemption. (1) Subject to Subsection, no retailer is subject to prosecution under this chapter if the retailer can establish that: (2) at the time an egg was purchased the seller guaranteed that the egg conformed to the…

4-4-107. Exemptions from regulation. (1) Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department. (2) The Department of Health and Human Services has the authority to investigate foodborne i…

4-4-108. Packaging for small producer -- Display in grocery store. (1) A small producer shall package the small producer's eggs in clean packaging that bears a label with the following information: the common name of the food, "eggs"; the quantity or number of eggs; the name and …

4-4a-102. Definitions. As used in this chapter: (1) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens where: for an indoor environment, the egg-laying hens are free to roam unrestricted except by the following: exterior walls; or int…

4-4a-103. Prohibitions. Beginning on January 1, 2030, a farm owner or operator may not knowingly confine an egg-laying hen in an enclosure: (1) that is not a cage-free housing system; or (2) that has less than the amount of usable floor space per hen as required by the 2017 editi…

4-4a-104. Confinement exemptions. Sectiondoes not apply to an egg-laying hen: (1) used for medical research; (2) during examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a licensed veterin…

4-4a-105. De minimis exemptions for shell eggs. This chapter does not apply to the production of shell eggs in the state by a farm with fewer than 3,000 egg-laying hens.

4-4a-106. Enforcement. (1) The department shall enforce this chapter. (2) A person subject to this chapter shall allow the department access during regular business hours to facilities and records pertinent to activities subject to this chapter. (3) The department shall, in accor…

4-4a-107. Report. (1) The department shall provide a report on this chapter to the Business and Labor Interim Committee at an interim meeting in 2027 that occurs before October 31. (2) The report described in Subsection (1) shall include an update on: the progress by farm owners …

4-5-102. Definitions. As used in this chapter: (1) "Advertisement" means a representation, other than by labeling, made to induce the purchase of food. (2) "Color additive": means a dye, pigment, or other substance not exempted under the federal act that, when added or applied to…

4-5-103. Adulterated food specified. (1) A food is adulterated: if the food bears or contains a poisonous or deleterious substance in a quantity that may ordinarily render the food injurious to health; if the food bears or contains an added poisonous or added deleterious substanc…

4-5-104. Authority to make and enforce rules. (1) The department may adopt rules to efficiently enforce this chapter, and if practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. (2) The departm…

4-5-105. Inspection of premises and records -- Authority to take samples -- Inspection results reported. (1) An authorized agent of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may: enter at reasonable times a factory, farm, …

4-5-106. Publication of reports and information. (1) The department shall publish reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and its disposition. (2) The department shall disseminate…

4-5-107. Food containing vaccine. (1) As used in this section, "vaccine or vaccine material" means a substance that is: intended for use in humans to stimulate the production of antibodies and provide immunity against disease; prepared from the causative agent of a disease, the d…

4-5-201. Labeling requirements -- Misbranded food specified. (1) The department may require that a label contain specific written, printed, or graphic information which is: displayed on the outside container or wrapper of a retail package of an article; or easily legible through …

4-5-202. Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food. (1) When an authorized agent of the department finds or has probable cause to believe that any food is adulterated, or so misbranded as to be d…

4-5-203. Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule. (1) The department shall adopt rules exempting food from any labeling requirement of this chapter that is, in accordance with the practice of the trade, to be proces…

4-5-204. Substances considered unsafe -- Authority in department to regulate quantity and use. (1) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular u…

4-5-205. Consumer commodities -- Labeling and packaging. (1) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the regulations promulgated pursuant thereto…

4-5-206. Food advertisement false or misleading. An advertisement of a food is considered to be false if it is false or misleading in any way.

4-5-207. Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits. (1) Definitions and standards of identity, quality and fill of container, now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act…

4-5-301. Registration of food establishments -- Fee -- Suspension and reinstatement of registration -- Inspection for compliance. (1) Pursuant to, the department shall make rules providing for the registration of food establishments to protect public health and ensure a safe food…

4-5-401. Unlawful acts specified. (1) A person may not: manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded; adulterate or misbrand food; except as provided in Subsection, distribute, in commerce, a consumer commodity inconsistent with the…

4-5-402. Defenses. No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of…

4-5-501. Cottage food operations. (1) For purposes of this chapter: "Cottage food operation" means a person who produces a cottage food product in a home kitchen. "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous foo…

4-5-502. Food designated as raw honey. (1) As used in this section: "Honey" means the natural sweet substance produced by honeybees from nectar of plants or from secretions of living parts of plants that the bees collect, transform by combining with specific substances of their o…

4-5a-102. Definitions. For purposes of this chapter: (1) "Commercial establishment" means a wholesale or retail business that displays, sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics. "Commercial establishment" does not include a: direc…

4-5a-103. Regulation of a direct-to-sale farmers market. (1) Except as provided in Subsection, a direct-to-sale farmers market selling a homemade food product under this chapter shall only include products for sale that have not been certified, licensed, regulated, or inspected b…

4-5a-104. Home producer direct sales -- Exempt from regulation. (1) A producer is exempt from state, county, or city licensing, permitting, certification, inspection, packaging, and labeling requirements, except as described in this section, related to the preparation, serving, u…

4-5a-105. Limitations. (1) This chapter does not apply to the sale of: raw dairy or raw dairy products; or meat products, with the following exceptions: the sale of poultry and poultry products if the producer: slaughters no more than 1,000 birds per year in accordance with the U…

4-7-102. Purpose declaration. The Legislature finds that the public interest requires regulation of the sale of livestock between the producer and a person who purchases livestock for resale to protect the producer from unwarranted hazard and loss in the sale of livestock.

4-7-103. Definitions. As used in this chapter: (1) "Agent" means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section, solicits or negotiates the consignment or purchase of livestock. 4-30-102 (2) "Consignor" means a person who ships or deliv…

4-7-104. Unlawful to act as an agent or dealer without license -- Exception. Except as exempted by Section, no person may act as an agent or dealer in this state without being licensed under this chapter.