reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 1 - General Provisions › Section 110 - Growing or storing food for personal or family use.

Effective 5/12/2020
4-1-110.
Growing or storing food for personal or family use.
(1) As used in this section, "family food" means food owned by an individual that is intended for the individual's consumption, or for consumption by members of the individual's immediate family, that:
(a) is legal for human consumption;
(b) is lawfully possessed; and
(c) poses no risk:
(i) to health;
(ii) of spreading plant pest infestation; or
(iii) of spreading agricultural disease.
(2) Family food that is grown by an individual on the individual's property is not subject to local or federal regulation if growth of the family food:
(a) does not negatively impact the rights of adjoining property owners; and
(b) complies with the food safety requirements of this title.
(3) A government entity may not confiscate family food described in Subsection (2) or family food that is stored by the owner in the owner's home or dwelling.
(4)
(a) If any provision of this section or the application of any provision of this section to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this section shall be given effect without the invalid provision or application.
(b) The provisions of this section are severable.
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 1 - General Provisions › Section 111 - Exemptions from licensure.

Effective 5/8/2018
4-1-111.
Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations, without being licensed under this title:
(1) an individual licensed under the laws of this state, other than under this title, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession;
(2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(3) the spouse of an individual serving in the armed forces of the United States while the individual is stationed within this state, if:
(a) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and
(b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Enacted by Chapter 462, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 102 - Department created.

Effective 7/1/2017
4-2-102.
Department created.
(1) There is created within state government the Department of Agriculture and Food.
(2) The department created in Subsection (1) is responsible for the administration and enforcement of all laws, services, functions, and consumer programs related to agriculture in this state as assigned to the department by the Legislature.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 104 - Administration by commissioner.

Effective 5/12/2020
4-2-104.
Administration by commissioner.
(1) Administration of the department is under the direction, control, and management of a commissioner appointed by the governor with the advice and consent of the Senate.
(2) The commissioner shall serve at the pleasure of the governor.
(3) The governor shall establish the commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 105 - Organization of divisions within department.

Effective 7/1/2017
4-2-105.
Organization of divisions within department.
The commissioner shall organize the department into divisions, as necessary, for the efficient administration of the department's business.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 106 - Submission of department's budget.

Effective 7/1/2017
4-2-106.
Submission of department's budget.
(1) The commissioner, upon request of the governor, shall submit an itemized budget for the department to the governor.
(2) The proposed budget described in Subsection (1) shall:
(a) contain a complete plan of proposed expenditures and estimated revenues for the ensuing fiscal year; and
(b) be accompanied by a statement setting forth the revenues and expenditures for the fiscal year next preceding and the current assets and liabilities of the department, including restricted revenue accounts and dedicated credits.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 107 - Official seal -- Authentication of records.

Effective 7/1/2017
4-2-107.
Official seal -- Authentication of records.
(1) The department shall adopt and use an official seal, a description and impression of which shall be filed with the Division of Archives.
(2) Copies of official department records, documents, and proceedings may be authenticated with the seal attested by the commissioner.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 1 - Organization › Section 109 - Temporary advisory committees -- Appointment -- Compensation.

Effective 7/1/2017
4-2-109.
Temporary advisory committees -- Appointment -- Compensation.
(1) The commissioner, with the permission of the governor, may appoint other advisory committees on a temporary basis to offer technical advice to the department.
(2) A member of a committee serves at the pleasure of the commissioner.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 2 - State Chemist › Section 201 - Appointment of the state chemist.

Effective 7/1/2017
4-2-201.
Appointment of the state chemist.
The commissioner shall appoint a state chemist.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 2 - State Chemist › Section 202 - State chemist responsibilities.

Effective 7/1/2017
4-2-202.
State chemist responsibilities.
(1) The state chemist shall:
(a) serve as the chief administrative officer of the Division of Laboratories; and
(b) supervise and administer all analytical tests required to be performed under this title or under any rule adopted under this title.
(2) The state chemist may perform analytical tests for other state agencies, federal agencies, units of local government, and private persons if:
(a) the tests and analytical work do not interfere with, or impede, the work required by the department; and
(b) a charge commensurate with the work involved is made and collected.
(3) The state chemist shall perform any other official duties assigned by the commissioner.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 2 - State Chemist › Section 203 - Department of Agriculture and Food Laboratory Equipment Fund.

Effective 7/1/2021
4-2-203.
Department of Agriculture and Food Laboratory Equipment Fund.
(1) There is created an expendable special revenue fund known as the "Department of Agriculture and Food Laboratory Equipment Fund," which is referred to in this section as the "fund."
(2) The fund consists of:
(a) collections the Division of Laboratories within the department receives under this title that are not expended during the previous fiscal year;
(b) appropriations from the Legislature; and
(c) interest and earnings on the fund.
(3) The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that interest or other earnings derived from those investments shall be deposited into the fund.
(4)
(a) The department may use money in the fund only to pay for the repair, replacement, or upgrade of laboratory equipment in accordance with this section.
(5) The state chemist or the commissioner shall approve expenditures from the fund for laboratory equipment repair, replacement, or upgrade as follows:
(a) the state chemist may approve using money in the fund to repair, replace, or upgrade laboratory equipment if the amount to be expended is less than $10,000; and
(b) the state chemist shall obtain the approval of the commissioner for using money in the fund to repair, replace, or upgrade laboratory equipment if the amount to be expended equals or exceeds $10,000.
(6)
(a) Subject to the other provisions of this Subsection (6), the Division of Finance shall deposit into the fund the collections that the Division of Laboratories receives under this title that are not expended during a fiscal year.
(b) The fund may not exceed $500,000 at the end of a fiscal year.
(c) If the fund exceeds $500,000 at the end of the fiscal year, the Division of Finance shall deposit into the General Fund the money in excess of the amount necessary to maintain the fund balance at $500,000.
Enacted by Chapter 131, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 3 - Enforcement and Penalties › Section 301 - Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title.

Effective 7/1/2017
4-2-301.
Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title.
(1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department.
(2)
(a) The county attorney or the district attorney, as provided under Sections 17-18a-202 and 17-18a-203, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title.
(b) If the county attorney or district attorney fails to act, the department may request the attorney general to bring an action on behalf of the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 3 - Enforcement and Penalties › Section 302 - Notice of violation -- Order for corrective action.

Effective 7/1/2017
4-2-302.
Notice of violation -- Order for corrective action.
(1) Whenever the department determines that any person, or any officer or employee of any person, is violating any requirement of this title or rules adopted under this title, the department shall serve written notice upon the alleged violator that specifies the violation and alleges the facts constituting the violation.
(2) After serving notice as required in Subsection (1), the department may:
(a) issue an order for necessary corrective action; and
(b) request the attorney general, county attorney, or district attorney to seek injunctive relief and enforcement of the order as provided in Subsection 4-2-301(2).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 3 - Enforcement and Penalties › Section 303 - Violations unlawful.

Effective 5/12/2020
4-2-303.
Violations unlawful.
It is unlawful for a person, or the officer or employee of a person, to willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or order issued under this title.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 3 - Enforcement and Penalties › Section 304 - Civil and criminal penalties -- Costs -- Civil liability.

Effective 7/1/2017
4-2-304.
Civil and criminal penalties -- Costs -- Civil liability.
(1)
(a) Except as otherwise provided by this title, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding.
(b) A subsequent criminal violation within two years is a class A misdemeanor.
(2) Any person, or the officer or employee of any person, shall be liable for any expenses incurred by the department in abating any violation of this title.
(3) A penalty assessment or criminal conviction under this title does not relieve the person assessed or convicted from civil liability for claims arising out of any act that was also a violation.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 3 - Enforcement and Penalties › Section 305 - Preemption.

Effective 7/1/2017
4-2-305.
Preemption.
(1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding:
(a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;
(b) fertilizer, as described in Chapter 13, Utah Fertilizer Act;
(c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and
(d) seeds, as described in Chapter 16, Utah Seed Act.
(2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation.
(3) Except as provided in Subsection (4), a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void.
(4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to:
(a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or
(b) in consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas.
Enacted by Chapter 86, 2017 General Session
Amended by Chapter 345, 2017 General Session, (Coordination Clause)
Coordination clause direction to technically renumber.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 4 - State Veterinarian › Section 402 - State veterinarian responsibilities.

Effective 5/3/2023
4-2-402.
State veterinarian responsibilities.
(1) The state veterinarian shall:
(a) coordinate the department's responsibilities for:
(i) the promotion of animal health; and
(ii) the diagnosis, surveillance, and prevention of animal disease;
(b) aid the meat inspection manager, whose duties are specified by the commissioner, in the direction of the inspection of meat and poultry; and
(c) perform other official duties assigned by the commissioner.
(2) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 5 - Horse Tripping Awareness › Section 502 - Definitions.

Effective 5/5/2021
4-2-502.
Definitions.
As used in this part:
(1) "Board executive committee" means the executive committee of the Agricultural Advisory Board created in Section 4-2-108.
(2) "Horse event" means an event in which horses are roped or tripped for the purpose of a specific event or contest.
(3)
(a) "Horse tripping" means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest.
(b) "Horse tripping" does not include accepted animal husbandry practices, customary farming practices, or commonly accepted practices occurring in conjunction with a sanctioned rodeo, animal race, or pulling contest.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 5 - Horse Tripping Awareness › Section 503 - Event reporting requirements.

Effective 5/5/2021
4-2-503.
Event reporting requirements.
(1) The owner of a venue holding a horse event shall:
(a) at least 30 days before the day on which the horse event is to be held, notify the board executive committee of the date, time, and name of the horse event; and
(b) no later than 30 days after the day on which the horse event is held, notify the board executive committee of:
(i) the number and type of competitions held at the horse event;
(ii) the number of horses used;
(iii) whether horse tripping occurred, and if so how many horses were used in horse tripping and how many times each horse was tripped; and
(iv) whether a veterinarian was called during the horse event, and if so:
(A) the name and contact information of the veterinarian;
(B) the outcome of the veterinarian's examination of a horse; and
(C) the veterinarian charges incurred.
(2)
(a) The department shall compile the reports received pursuant to Subsection (1) and provide the information to the board executive committee.
(b) The board executive committee shall, at a meeting described in Subsection 4-2-108(9):
(i) review the information described in Subsection (2)(a); and
(ii) if necessary, make recommendations for rules or legislation designed to prohibit horse tripping.
(3) The department shall fine the owner of a venue that fails to fulfill the duties described in Subsection (1) $500 per violation.
(4) The department, in consultation with the board executive committee, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 5 - Horse Tripping Awareness › Section 504 - Horse tripping education -- Reporting requirements.

Effective 5/5/2021
4-2-504.
Horse tripping education -- Reporting requirements.
The department, in conjunction with the board executive committee, shall:
(1) send a letter, annually, to venues that host horse events:
(a) outlining the reporting requirements of Section 4-2-503; and
(b) providing educational information on the negative effects of horse tripping; and
(2) promote, as funding allows, policies regarding the safety and welfare of horses involved in horse events, such as horse roping and horse tripping.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 6 - Local Food Advisory Council › Section 601 - Title.

Affected by 63I-2-204 on 11/30/2027
Effective 5/8/2018
4-2-601.
Title.
This part is known as "Local Food Advisory Council."
Enacted by Chapter 51, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 6 - Local Food Advisory Council › Section 602 - Local Food Advisory Council created.

Affected by 63I-2-204 on 11/30/2027
Effective 5/4/2022
4-2-602.
Local Food Advisory Council created.
(1) There is created the Local Food Advisory Council consisting of up to the following 15 members:
(a) one member of the Senate appointed by the president of the Senate;
(b) two members of the House of Representatives appointed by the speaker of the House of Representatives, each from a different political party;
(c) the commissioner, or the commissioner's designee;
(d) the executive director of the Department of Health, or the executive director's designee;
(e) two crop direct-to-consumer food producers, appointed by the governor;
(f) two animal direct-to-consumer food producers, appointed by the governor; and
(g) the following potential members, appointed by the governor as needed:
(i) a direct-to-consumer food producer;
(ii) a member of a local agriculture organization;
(iii) a food retailer;
(iv) a licensed dietician;
(v) a county health department representative;
(vi) an urban farming representative;
(vii) a representative of a business engaged in the processing, packaging, or distribution of food;
(viii) an anti-hunger advocate;
(ix) an academic with expertise in agriculture; and
(x) a food distributor.
(2)
(a) The president of the Senate shall designate a member of the Senate appointed under Subsection (1)(a) as a cochair of the council.
(b) The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection (1)(b) as a cochair of the council.
(c) The cochairs may, with the consent of a majority of the council, appoint additional nonvoting members to the council who shall serve in a voluntary capacity.
(3) In appointing members to the council under Subsections (1)(e) through (g), the governor shall strive to take into account the geographical makeup of the council.
(4) A vacancy on the council shall be filled in the same manner in which the original appointment is made.
(5) Compensation for a member of the council who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
(6) Council members who are employees of the state shall receive no additional compensation.
(7) The department shall provide staff support for the council.
Amended by Chapter 67, 2022 General Session
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 6 - Local Food Advisory Council › Section 603 - Duties.

Affected by 63I-2-204 on 11/30/2027
Effective 5/8/2018
4-2-603.
Duties.
(1) The council shall study and make recommendations on:
(a) how to best promote vibrant, locally owned farms;
(b) how to best promote resilient ecosystems;
(c) how to best promote strong communities and healthy eating;
(d) how to best enhance thriving local food economies;
(e) how best to assess impacts of population growth and urbanization and the decline in productive ranch and farmland;
(f) assessment of laws and regulations that deter or hinder the direct sales of locally grown and produced food; and
(g) necessary steps to develop and implement a robust, integrated local food system.
(2) It is the purpose of the Local Food Advisory Council to contribute to:
(a) building a local food economy;
(b) benefitting the state by creating jobs;
(c) stimulating statewide economic development;
(d) circulating money from local food sales within local communities;
(e) preserving open space;
(f) fostering the viability of family-owned farms;
(g) preserving and protecting the natural environment;
(h) increasing consumer access to fresh and nutritious food; and
(i) providing greater food security for state residents.
Enacted by Chapter 51, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 6 - Local Food Advisory Council › Section 604 - Duties -- Interim report.

Affected by 63I-2-204 on 11/30/2027
Effective 5/8/2018
4-2-604.
Duties -- Interim report.
(1) The council shall:
(a) convene at least four times each year; and
(b) review and make recommendations regarding the policy issues listed in Section 4-2-603.
(2) The council shall prepare an annual report and present the report before November 30, 2017, and every November thereafter to:
(a) the Natural Resources, Agriculture, and Environment Interim Committee;
(b) the Department of Agriculture and Food; and
(c) the Food Advisory Board.
Enacted by Chapter 51, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 7 - Pollinator Pilot Program › Section 701 - Pollinator pilot program.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-2-701.
Pollinator pilot program.
(1) Subject to the other provisions of this section, the department shall implement a three-year pollinator pilot program that includes one or more of the following:
(a) public education efforts that include workshops, planting guides, or a public education campaign to raise awareness about creating pollinator habitats;
(b) distribution of pollinator-friendly native flowering plants or seeds for native flowering plants for planting within the state to protect a diversity of pollinators;
(c) pollinator programs run by local governments and nonprofit organizations with support from the department; and
(d) grants that:
(i) are provided on a first-come-first-serve basis; and
(ii) cover up to 25% of the costs for the planting of pollinator-friendly native flowering plants or seeds for native flowering plants on private or public land.
(2)
(a) The cost to the department related to the native flowering plants or seeds described in Subsection (1) may not exceed $60,000 in a fiscal year.
(b) The department may coordinate with the federal government, other state agencies, state institutions of higher education, or political subdivisions to provide for the activities described in Subsection (1).
(c) The department may designate smaller areas of the state to begin the activities described in Subsection (1).
(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
(a) the criteria for receiving a grant under this section; and
(b) the process to apply for and receive a grant under this section.
Enacted by Chapter 375, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 8 - Cosmetics › Section 801 - Good manufacturing practices for cosmetics.

Effective 5/4/2022
4-2-801.
Good manufacturing practices for cosmetics.
(1) As used in this section:
(a) "Cosmetic" means the same as that term is defined in 21 U.S.C. Sec. 321.
(b) "Good manufacturing practices" means the current good manufacturing practices described in the United States Food and Drug Administration's Guidance for Industry: Cosmetic Good Manufacturing Practices.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the department shall make and enforce rules establishing a voluntary certification program for good manufacturing practices for cosmetics, including:
(i) the criteria for receiving a good manufacturing practices certificate, including the qualifications for registering with the department as required by Subsection (3)(a);
(ii) the process to apply for and receive a good manufacturing practices certificate under this section; and
(iii) criteria by which the department will determine the term of a good manufacturing practices certificate in accordance with Subsection (5).
(b) Rules made pursuant to this section may not be more stringent than:
(i) rules established by federal law; or
(ii) guidance published by the United States Food and Drug Administration.
(3) The department's good manufacturing practices certification program shall provide for the issuance of a certificate to an applicant if:
(a) the applicant is registered with the department pursuant to registration requirements established by the department under Subsection (2)(a);
(b) the applicant submits an application to the department requesting a certificate for the applicant's manufacturing facility; and
(c) the department inspects the applicant's manufacturing facility and determines that the applicant is in compliance with good manufacturing practices.
(4)
(a) In accordance with Section 63J-1-504, the department shall adopt a schedule of registration and certificate fees to cover the department's costs of administering the certification program described in this section.
(b) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits.
(5) A good manufacturing practices certificate issued under this section shall:
(a) specify the certificate issuance date and expiration date; and
(b) be valid for a term of one to three years as determined by the department pursuant to criteria established under Subsection (2)(a).
Enacted by Chapter 268, 2022 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 9 - Veterinarian Education Loan Repayment Program › Section 901 - Definitions.

Effective 5/3/2023
4-2-901.
Definitions.
As used in this part:
(1) "Animal shelter" means the same as that term is defined in Section 11-46-102.
(2) "Education loan" means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine.
(3) "Education loan balance" includes charges for paying off the balance of the loan.
(4) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(5) "Loan" means a loan that is made directly by, insured by, or guaranteed under a government program of:
(a) a state;
(b) the United States; or
(c) a foreign government.
(6) "Maximum payment value" means the lesser of:
(a) the sum of a qualified veterinarian's education loan balances; or
(b) $100,000.
(7) "Program" means the Veterinarian Education Loan Repayment Program created in Section 4-2-902.
(8) "Qualified veterinarian" means a veterinarian who has practiced as a veterinarian for five or more consecutive years beginning on or after May 3, 2023:
(a) in an area of the state:
(i) designated by the United States Department of Agriculture as a veterinary shortage situation during at least one of the five years; or
(ii) that is Indian country;
(b) in an animal shelter within the state operated by:
(i) a county;
(ii) a municipality; or
(iii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
(c) in any area of the state as an employee of the department; or
(d) in any combination of the places described in Subsections (8)(a) through (c).
(9) "Veterinarian" means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act.
Enacted by Chapter 134, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 2 - Administration › Part 9 - Veterinarian Education Loan Repayment Program › Section 902 - Veterinarian Education Loan Repayment Program.

Effective 5/3/2023
4-2-902.
Veterinarian Education Loan Repayment Program.
(1) There is created within the department the Veterinarian Education Loan Repayment Program.
(2)
(a) Beginning July 1, 2028, the program shall on a first-come, first-served basis make payments toward a qualified veterinarian's education loan balances.
(b) A veterinarian is eligible for payments under Subsection (2)(a) if the veterinarian:
(i) applies as a qualified veterinarian for payment from the program; and
(ii) registers with the program at least five years before the day the veterinarian applies under Subsection (2)(b)(i) for payment.
(c) Payments made under Subsection (2)(a) shall:
(i) be made directly to one or more of the qualified veterinarian's lenders; and
(ii) as funding for the program permits, in total equal the maximum payment value.
(3) The department may use 2% or less of the amount appropriated for the program to pay for actual costs of administering the program.
(4) On or before October 1 each year, the department shall submit a report of the program's revenues, expenditures, and outcomes to the Natural Resources, Agriculture, and Environment Interim Committee and the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee.
(5) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules specifying how a veterinarian may register intent to apply for payment from the program.
Enacted by Chapter 134, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 201 - Authority to make and enforce rules.

Effective 7/1/2017
4-3-201.
Authority to make and enforce rules.
The department is authorized and directed, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to carry out the purposes of this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 202 - Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection.

Effective 7/1/2017
4-3-202.
Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection.
(1) While nothing in this chapter shall impair the authority of any town, city, or county to regulate the production, handling, storage, distribution, or sale of dairy products, frozen dairy products, grade A milk, grade A milk products, or milk, within their respective jurisdictions, a common standard as prescribed by the department shall be followed in such jurisdictions.
(2) If a town, city, or county elects to enforce this chapter, the department shall accept its findings relative to inspections in lieu of making its own inspections, but the department may evaluate the effectiveness of any local inspection program.
(3) If a town, city, or county intends to cease making inspections under this chapter, it shall notify the department of its intent to cease inspection at least one year in advance of the actual cessation of inspection.
(4) Upon request, the commissioner shall cooperate with other state agencies, towns, cities, counties, and federal authorities in the administration and enforcement of this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 203 - Authority to inspect premises.

Effective 7/1/2017
4-3-203.
Authority to inspect premises.
(1) The department may inspect any premises where dairy products are produced, manufactured, processed, stored, or held for distribution, at reasonable times and places, to determine whether the premises are in compliance with this chapter and the rules adopted according to it.
(2) If the department is denied access, it may proceed immediately to the nearest court of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of the premises.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 204 - Authority to collect samples -- Receipt -- Names of distributors.

Effective 7/1/2017
4-3-204.
Authority to collect samples -- Receipt -- Names of distributors.
(1) Samples of dairy products from each dairy farm or processing plant may be secured and examined as often as deemed necessary by the department.
(2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other places where dairy products are sold may be secured and examined as often as deemed necessary by the department.
(3) Samples of milk or dairy products may be taken by the department at any time before final delivery to the consumer.
(4) The department shall provide a signed receipt for all samples taken showing the date of sampling and the amount and kind of sample taken; provided, that the department is not liable to any person for the cost of any sample taken.
(5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the department, upon request, with the names of all distributors from whom dairy products are obtained.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 205 - Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment.

Effective 7/1/2017
4-3-205.
Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment.
(1) The department may condemn or embargo any milk or dairy product which is adulterated, misbranded, or not produced or processed in accordance with this chapter.
(2) The department may condemn the use of any equipment, tank, or container used to produce, process, manufacture, or transport milk or dairy products that it finds, upon inspection, to be unclean or contaminated.
(3) The department may mark or tag any condemned equipment, tank, or container with the words "this (equipment, tank, or container) is unfit to contain human food."
(4) Condemned milk shall be decharacterized or denatured with harmless coloring or rennet by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 2 - Rules and Regulations › Section 206 - Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules.

Effective 7/1/2017
4-3-206.
Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules.
(1) Milk shall be tested and measured in accordance with:
(a) the latest edition of "Association of Official Analytical Chemists";
(b) the latest edition of "Standard Methods for Examination of Dairy Products";
(c) other publications accepted by the department; or
(d) methods prescribed by the department.
(2) A processor or manufacturer shall perform quality work in accordance with the rules adopted by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 3 - Licensing Permits › Section 301 - Permits or certificates -- Application -- Fee -- Expiration -- Renewal.

Effective 5/3/2023
4-3-301.
Permits or certificates -- Application -- Fee -- Expiration -- Renewal.
(1) Application for a permit to operate a plant, manufacture butter or cheese, pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of dairy products shall be made to the department upon forms prescribed and furnished by the department.
(2) Upon receipt of a proper application, compliance with the applicable rules, and payment of a permit fee determined by the department according to Subsection 4-2-103(2), the commissioner, if satisfied that the public convenience and necessity and the industry will be served, shall issue an appropriate permit to the applicant subject to suspension or revocation for cause.
(3) A permit issued under this section expires at midnight on December 31 of each year.
(4) A permit to operate a plant, manufacture butter or cheese, pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is renewable for a period of one year upon the payment of an annual permit renewal fee determined by the department according to Subsection 4-2-103(2) on or before December 31 of each year.
(5) Notwithstanding the requirements of Subsection (1), application for a permit or certificate to produce milk or a raw milk product, as that term is defined in Section 4-3-503, shall be made to the department on forms prescribed and furnished by the department.
(6)
(a) Upon receipt of a proper application and compliance with applicable rules, the commissioner shall issue a permit entitling the applicant to engage in the business of producer, subject to suspension or revocation for cause.
(b) A fee may not be charged by the department for issuance of a certificate.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 3 - Licensing Permits › Section 302 - Permits and certificates -- Suspension or revocation -- Grounds.

Effective 5/3/2023
4-3-302.
Permits and certificates -- Suspension or revocation -- Grounds.
(1) The department may revoke or suspend the permit or certificate of any person who violates this chapter or any rule enacted under the authority of this chapter.
(2) All or part of any permit or certificate may be suspended immediately if an emergency exists that presents a clear and present danger to the public health, or if inspection or sampling is refused.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 4 - Unlawful Acts › Section 401 - Unlawful acts specified.

Effective 5/3/2023
4-3-401.
Unlawful acts specified.
It is unlawful for any person in this state to:
(1) operate a plant without a permit issued by the department;
(2) market milk without a certificate issued by the department;
(3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk in bulk without a special permit to perform the particular activity designated in this Subsection (3); unless if more than one person working in a plant is engaged in the performance of a single activity designated in this Subsection (3), the person who directs the activity is permitted;
(4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or misbranded dairy product;
(5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product without a permit or certificate required by this chapter;
(6) sell or offer for sale any milk not intended for human consumption unless it is denatured or decharacterized in accordance with the rules of the department;
(7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a dairy product;
(8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious diseases communicable to humans in any place where they may come in contact with cows or other milking animals;
(9) draw milk for human food from cows or other milking animals that are infected with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that will produce milk that is adulterated;
(10) accept or process milk from any producer without verification that the producer holds a valid permit or certification or, if milk is accepted from out of the state, without verification that the producer holds a permit or certification from the appropriate regulatory agency of that state;
(11) use any contaminated or unclean equipment or container to process, manufacture, distribute, deliver, or sell a dairy product;
(12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any equipment, tank, or container by the department except to clean and sanitize it;
(13) use any tank or container used for the transportation of milk or other dairy products that is unclean or contaminated;
(14) refuse to allow the department to take samples for testing; or
(15) prohibit adding vitamin compounds in the processing of milk and dairy products in accordance with rules of the department.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 4 - Unlawful Acts › Section 402 - Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.

Effective 7/1/2017
4-3-402.
Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
(1) As used in this section:
(a) "liquid dairy product" means a milk container which contains a pint of milk or less; and
(b) "novelty ice cream" means a package or container of ice cream which contains eight fluid ounces or less.
(2) Except as provided in Subsections (3) and (4), no processor, manufacturer, distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service, repair, give, lease, sell, or loan to a retailer or consumer any:
(a) money;
(b) equipment;
(c) fixtures, including ice cream cabinets or bulk milk dispensers;
(d) supplies, excluding expendable supplies commonly provided in connection with the sale of dairy products to a consumer; or
(e) other things having a real or substantial value.
(3)
(a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:
(i) is portable;
(ii) has a storage capacity not exceeding 12 cubic feet; and
(iii) is used solely for retail display sales of novelty ice cream.
(b) Milk coolers may be loaned or sold to a retailer if the milk cooler:
(i) is portable;
(ii) has a storage capacity not exceeding 12 cubic feet; and
(iii) is used solely for retail display sales of liquid dairy products.
(4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in any one period of three consecutive months.
(5)
(a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell, or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor or receive anything of value from a processor, manufacturer, or distributor in exchange for shelf or refrigerator space for dairy products.
(b) Subsection (5)(a) does not apply to a dairy by-product that is:
(i) a short-term special; or
(ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
(c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 4 - Unlawful Acts › Section 403 - Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized.

Effective 7/1/2017
4-3-403.
Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized.
(1)
(a) The commissioner is authorized to apply to any court of competent jurisdiction for a temporary restraining order or injunction restraining any person from violating this chapter.
(b) No bond shall be required of the department in any proceeding brought under this subsection.
(2)
(a) In addition to penalties provided in this chapter, any person who suffers or is threatened with injury from any existing or threatened violation of Section 4-3-402 may commence an action in any court of competent jurisdiction for damages and, if proper, injunctive relief.
(b) Any organized and existing trade association, whether incorporated or not, is authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in interest, on behalf of one or more of its members if the violation of Section 4-3-402 directly or indirectly affects a member.
Renumbered and Amended by Chapter 345, 2017 General Session