reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 5 - Special Programs › Section 501 - Cow share program notification.

Effective 7/1/2017
4-3-501.
Cow share program notification.
(1) A producer who is in a cow-share program, as defined in Section 4-3-102, shall notify the department of the cow-share program and include in the notification:
(a) the producer's name; and
(b) a valid, current address of the farm on which the milk producing hoofed mammal in the cow-share program is located.
(2) Upon receipt, the department shall keep a notification of a cow-share program described in Subsection (1) on file.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 3 - Utah Dairy Act › Part 5 - Special Programs › Section 502 - Exemption.

Effective 7/1/2017
4-3-502.
Exemption.
(1) This chapter does not apply to milk or milk products produced on the farm if such milk or milk products are used by:
(a) the owner of the farm;
(b) a member of the owner's immediate family;
(c) a participant in a cow-share program; or
(d) a member of a participant in a cow-share program's immediate family.
(2) The department may not adopt a rule that restricts, limits, or imposes additional requirements on an individual obtaining:
(a) raw milk in accordance with the terms of a cow-share program agreement; or
(b) an interest in a cow-share program in accordance with the terms of the cow-share program agreement.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 102 - Department to establish egg grades and standards -- Authority to make and enforce rules.

Effective 5/3/2023
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 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make and enforce rules that are necessary to administer and enforce this chapter.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 103 - Definitions.

Effective 5/3/2023
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 to such an extent that the whole interior presents a blackened appearance.
(5) "Black spot" means mold or bacteria have developed in isolated areas inside the shell.
(6) "Blood ring" means bacteria have developed to such an extent that blood is formed.
(7) "Candling" means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents.
(8) "End consumer" means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption.
(9) "Moldy" means mold spores have formed within the shell.
(10) "Shell egg" means an egg in the shell as distinguished from a dried or powdered egg.
(11) "Small producer" means a producer of shell eggs:
(a) having less than 3,000 layers;
(b) selling only to an end consumer; and
(c) who is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 104 - Unlawful acts specified.

Effective 7/1/2017
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:
(a) 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
(b) without a sign or label that conforms to the standards for display and grade adopted by the department.
(2) Nothing in this section prohibits the sale of a denatured egg.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 105 - Maintenance of candling records -- Inspection of records.

Effective 7/1/2017
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 or representatives of the department at reasonable times.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 106 - Retailers exempt from prosecution -- Conditions for exemption.

Effective 7/1/2017
4-4-106.
Retailers exempt from prosecution -- Conditions for exemption.
(1) Subject to Subsection (2), no retailer is subject to prosecution under this chapter if the retailer can establish that:
(a) at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and
(b) the egg was labeled for sale by the retailer in accordance with the purchase invoice.
(2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer from prosecution if the egg covered by the guaranty deteriorated to a lower grade or standard through some action or inaction of the retailer.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 107 - Exemptions from regulation.

Effective 5/3/2023
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 illness.
(3) The department may assist, consult, or inspect shell eggs when requested by a small producer.
(4) Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.
(5) The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:
(a) are addled or moldy; or
(b) contain:
(i) black spot;
(ii) black rot;
(iii) white rot;
(iv) blood ring;
(v) adherent yolk; or
(vi) a bloody or green albumen.
(6) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant.
(7) Eggs sold by a small producer pursuant to this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.
Amended by Chapter 481, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4 - Eggs › Section 108 - Packaging for small producer.

Effective 5/14/2019
4-4-108.
Packaging for small producer.
(1) A small producer shall package the small producer's eggs in clean packaging that bears a label with the following information:
(a) the common name of the food, "eggs";
(b) the quantity or number of eggs;
(c) the name and address of the small producer;
(d) the statement "Keep Refrigerated"; and
(e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly."
(2) A small producer may state a "pull date" or "best by" date. The date may be hand written on the end of the packaging or in a conspicuous location that is clearly discernible. A "pull date" shall first show the month then the day of the month. A recommended date is 30 days after production, but the date may not exceed 45 days after production.
(3) If the eggs of a small producer are ungraded and not weighed, the packaging for the eggs may not be labeled with a grade or size.
Enacted by Chapter 138, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4a - Confinement of Egg-laying Hens › Section 103 - Prohibitions.

Effective 5/5/2021
4-4a-103.
Prohibitions.
Beginning on January 1, 2025, 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 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing.
Enacted by Chapter 323, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4a - Confinement of Egg-laying Hens › Section 104 - Confinement exemptions.

Effective 5/5/2021
4-4a-104.
Confinement exemptions.
Section 4-4a-103 does 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 veterinarian;
(3) during transportation;
(4) at state or county fair exhibitions, 4-H programs, and similar exhibitions;
(5) during slaughter conducted in accordance with applicable laws, rules, and regulations; or
(6) kept for temporary animal husbandry purposes of no more than six hours in any 24-hour period and no more than 24 hours total in any 30-day period.
Enacted by Chapter 323, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4a - Confinement of Egg-laying Hens › Section 105 - De minimis exemptions for shell eggs.

Effective 5/5/2021
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.
Enacted by Chapter 323, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4a - Confinement of Egg-laying Hens › Section 106 - Enforcement.

Effective 5/5/2021
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 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the inspection of farms to ensure compliance with this chapter.
(4)
(a) The department may use an inspection provider or process verification provider to ensure compliance with this chapter.
(b) To rely on an inspection provider or process verification provider, the department must approve the specific inspection provider or process verification provider as competent to ensure compliance with this chapter.
(5)
(a) If the department determines that a person subject to this chapter is in violation of a provision of this chapter or a rule adopted under this chapter, the department shall provide the person with a written notice that:
(i) describes each violation identified by the department; and
(ii) states a reasonable deadline by which the person is required to cure the violation.
(b) If a person who receives a notice issued under Subsection (5)(a) does not cure a violation identified in the notice before the deadline stated in the notice, the department may impose a civil fine of $100 per written notice, regardless of the number of violations identified in the notice.
(c) If a violation is not cured after the department provides a person with written notice of the violation and a reasonable opportunity to cure, the department may seek a temporary restraining order or permanent injunction to prevent further violation of this chapter.
Enacted by Chapter 323, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 4a - Confinement of Egg-laying Hens › Section 107 - Report.

Effective 5/5/2021
4-4a-107.
Report.
(1) The department shall provide a report on this chapter to the Business and Labor Interim Committee during or before the November interim meeting in 2023.
(2) The report described in Subsection (1) shall include an update on:
(a) efforts taken by farm owners and operators to come into compliance with Section 4-4a-103; and
(b) the retail demand for and conditions related to the sale of cage-free eggs.
Enacted by Chapter 323, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 1 - Administration › Section 105 - Inspection of premises and records -- Authority to take samples -- Inspection results reported.

Effective 5/14/2019
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:
(a) enter at reasonable times a factory, farm, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce or after introduction into commerce;
(b) enter a vehicle being used to transport or hold food in commerce;
(c) inspect at reasonable times and within reasonable limits and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling located within the factory, warehouse, establishment, or vehicle;
(d) obtain samples necessary for the enforcement of this chapter if the department:
(i) pays the posted price for the sample if requested to do so; and
(ii) receives a signed receipt from the person from whom the sample is taken; and
(e) have access to and copy all records of carriers in commerce showing:
(i) the movement in commerce of food;
(ii) the holding of food during or after movement in commerce; and
(iii) the quantity, shipper, and consignee of food.
(2) Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence was obtained.
(3) A carrier is subject to the other provisions of this chapter by reason of the carrier's receipt, carriage, holding, or delivery of food in the usual course of business as a carrier.
(4) After the inspection of a factory, warehouse, consulting laboratory, or other establishment and before leaving the premises, the authorized agent making the inspection shall give the owner, operator, or agent in charge a written report describing any conditions or practices observed by the agent during the inspection which, in the agent's judgment, indicate that a food in the establishment:
(a) consists in whole or in part of a filthy, putrid, or decomposed substance; or
(b) has been prepared, packed, or held under unsanitary conditions whereby the food may have become contaminated with filth or been rendered injurious to health.
(5) A copy of the report required under Subsection (4) shall be sent promptly to the department.
(6) If the authorized agent making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, the agent shall give to the owner, operator, or agent in charge:
(a) a receipt describing the samples obtained; and
(b) if an analysis is made of the sample for the purpose of ascertaining whether the food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis.
Amended by Chapter 32, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 1 - Administration › Section 106 - Publication of reports and information.

Effective 7/1/2017
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 information regarding food which it considers necessary in the interest of public health and for the protection of consumers against fraud.
(3) Nothing in this section prohibits the department from collecting, reporting, and illustrating the results of investigations made by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 2 - Labels and Regulations › Section 202 - Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.

Effective 7/1/2017
4-5-202.
Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.
(1)
(a) 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 dangerous or fraudulent within the meaning of this chapter, the agents shall affix to the food a tag or other appropriate marking, giving notice that:
(i) the food is, or is suspected of being, adulterated or misbranded;
(ii) the food has been detained or embargoed; and
(iii) removal of the food is prohibited as provided in Subsection (1)(b).
(b) No person may remove or dispose of detained or embargoed food by sale or otherwise until permission for removal or disposal is given by an agent of the department or the court.
(2)
(a) When food detained or embargoed under Subsection (1) has been found by an agent to be adulterated or misbranded, the department shall petition the district court in whose jurisdiction the food is detained or embargoed for an order of condemnation of the food.
(b) When the agent has found that food so detained or embargoed is not adulterated or misbranded, the department shall remove the tag or other marking.
(3)
(a) If the court finds that detained or embargoed food is adulterated or misbranded, the food shall, after entry of the decree, be destroyed under the supervision of the agent.
(b) If the adulteration or misbranding can be corrected by proper labeling or processing of the food, the court may by order direct that the food be delivered to the claimant for labeling or processing after:
(i) entry of the decree;
(ii) all costs, fees, and expenses have been paid; and
(iii) a sufficient bond, conditioned that the food shall be properly labeled and processed, has been executed.
(c) An agent of the department shall supervise, at the claimant's expense, the labeling or processing of the food.
(d) The bond shall be returned to the claimant of the food upon:
(i) representation to the court by the department that the food is no longer in violation of this chapter; and
(ii) the expenses of supervision have been paid.
(4) If an authorized agent of the department finds in any building or vehicle any perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized agent shall condemn or destroy the food or render it unsalable as human food.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 2 - Labels and Regulations › Section 203 - Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule.

Effective 7/1/2017
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 processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that the food is not adulterated or misbranded under this chapter upon removal from such processing, labeling or repacking establishment.
(2)
(a) Regulations now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in Subsection (1) are automatically effective in this state.
(b) The department may adopt additional rules or amendments to existing rules concerning exemptions.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 2 - Labels and Regulations › Section 206 - Food advertisement false or misleading.

Effective 7/1/2017
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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 2 - Labels and Regulations › Section 207 - Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits.

Effective 7/1/2017
4-5-207.
Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits.
(1)
(a) Definitions and standards of identity, quality and fill of container, now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the definitions and standards of identity, quality and fill of container in this state.
(b) The department may adopt rules establishing definitions and standards of identity, quality and fill of container for foods where no federal regulations exist and may promulgate amendments to any federal regulations or state rules that set definitions and standards of identity, quality and fill of container for foods.
(2)
(a) Temporary permits granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under the conditions provided in the permits.
(b) The department may issue additional permits where they are necessary for the completion or conclusiveness of an otherwise adequate investigation and where the interests of consumers are safeguarded.
(c) Permits are subject to the terms and conditions the department may prescribe by rule.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 4 - Enforcement › Section 401 - Unlawful acts specified.

Effective 7/1/2017
4-5-401.
Unlawful acts specified.
(1) A person may not:
(a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded;
(b) adulterate or misbrand food;
(c) except as provided in Subsection (2), distribute, in commerce, a consumer commodity inconsistent with the packaging and labeling requirements of this chapter, or the rules made under this chapter;
(d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section 4-5-301;
(e) disseminate false advertising;
(f) remove or dispose of detained or embargoed food in violation of Section 4-5-202;
(g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in the food being misbranded or adulterated while the food is for sale;
(h) forge, counterfeit, simulate, or misrepresent a label or information, by the unauthorized use of a mark, stamp, tag, label, or other identification device;
(i) use or reveal a method, process, or information which is protected as a trade secret;
(j) operate a food establishment without a valid registration issued by the department; and
(k) refuse entry to an authorized agent of the department in a food establishment as required under Section 4-5-105.
(2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail distribution of consumer commodities unless that person:
(a) is engaged in the packaging or labeling of consumer commodities; or
(b) prescribes or specifies the manner in which consumer commodities are packaged or labeled.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 4 - Enforcement › Section 402 - Defenses.

Effective 7/1/2017
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 the dissemination of such false advertisement, unless he has refused, on the request of the department to furnish it, the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Utah who caused him to disseminate such advertisement.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 5 - Special Programs › Section 501 - Cottage food operations.

Effective 5/3/2023
4-5-501.
Cottage food operations.
(1) For purposes of this chapter:
(a) "Cottage food operation" means a person who produces a cottage food product in a home kitchen .
(b) "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen.
(c) "Home kitchen" means a kitchen:
(i) designed and intended for use by the residents of a home; and
(ii) used by a resident of the home for the production of a cottage food product.
(d) "Potentially hazardous food" means:
(i) a food of animal origin;
(ii) raw seed sprouts; or
(iii) a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule.
(2) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food supply.
(3) Rules adopted pursuant to Subsection (2) may not require:
(a) the use of a commercial surface such as a stainless steel counter or cabinet;
(b) the use of a commercial grade:
(i) sink;
(ii) dishwasher; or
(iii) oven;
(c) a separate kitchen for the cottage food operation; or
(d) the submission of plans and specifications before construction of, or remodel of, a cottage food production operation.
(4) The operator of a cottage food operation shall:
(a) register with the department as a cottage food operation before operating as a cottage food operation;
(b) hold a valid food handler's permit; and
(c) package a cottage food product with a label, as specified by the department in rule.
(5) Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the department shall issue a registration to an applicant for a cottage food operation if the applicant for the registration:
(a) pays the fees required by the department; and
(b) meets the requirements of this section.
(6) Notwithstanding the provisions of Section 26A-1-114, a local health department:
(a) does not have jurisdiction to regulate the production of food at a cottage food operation operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and
(b) does have jurisdiction to investigate a cottage food operation in an investigation into the cause of a foodborne illness outbreak.
(7) A food service establishment as defined in Section 26B-7-401 may not use a product produced in a cottage food operation as an ingredient in a food that is prepared by the food establishment and offered by the food establishment to the public for consumption.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5 - Utah Wholesome Food Act › Part 5 - Special Programs › Section 502 - Food designated as raw honey.

Effective 7/1/2017
4-5-502.
Food designated as raw honey.
(1) As used in this section:
(a) "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 own, then deposit, dehydrate, store, and leave in the honeycomb to ripen and mature.
(b) "Raw honey" means honey:
(i) as it exists in the beehive or as obtained by extraction, settling, or straining;
(ii) that is minimally processed; and
(iii) that is not pasteurized.
(2) Honey that is produced, packed, repacked, distributed, or sold in this state may only be labeled and designated as raw honey if it meets:
(a) the definition of raw honey in this section; and
(b) any additional requirements imposed by the department by rule.
(3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish labeling requirements consistent with the provisions of this section.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5a - Home Consumption and Homemade Food Act › Section 102 - Definitions.

Effective 5/3/2023
4-5a-102.
Definitions.
For purposes of this chapter:
(1)
(a) "Commercial establishment" means a wholesale or retail business that displays, sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics.
(b) "Commercial establishment" does not include a:
(i) direct-to-sale location; or
(ii) direct-to-sale farmers market.
(2) "Direct-to-sale farmers market" means a public or private facility or area where producers gather on a regular basis to sell directly to an informed final consumer fresh food, locally grown products, and other food items that have not been certified, licensed, regulated, or inspected by state or local authorities.
(3) "Direct-to-sale location" means a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by both a producer and the informed final consumer where a producer sells a food or food product to an informed final consumer.
(4) "Home consumption" means the use or ingestion of homemade food or a homemade food product within a private home by a family member, an employee, or a nonpaying guest.
(5) "Homemade food product" means a food product that is prepared in a private home kitchen that can be used, or prepared for use, as food or nonalcoholic drink, subject to the limitation described in Subsection 4-5a-105(1).
(6) "Informed final consumer" means an individual who:
(a) purchases the product directly from the producer;
(b) does not resell the product; and
(c) has been informed that the product is not certified, licensed, regulated, or inspected by the state.
(7) "Minor-operated business" means a business that is operated by an individual who is:
(a) under 18 years old; and
(b) not regularly engaged in selling items.
(8) "Minor producer" means a producer that is:
(a) an individual; and
(b) under 18 years old.
(9) "Producer" means a person who harvests or produces homemade food or a homemade food product.
Amended by Chapter 362, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5a - Home Consumption and Homemade Food Act › Section 103 - Regulation of a direct-to-sale farmers market.

Effective 5/3/2023
4-5a-103.
Regulation of a direct-to-sale farmers market.
(1) Except as provided in Subsection (4), a direct-to-sale farmers market selling homemade food under this chapter shall:
(a) display signage indicating to an informed final consumer that the homemade food and food products sold by producers at the market have not been certified, licensed, regulated, or inspected by state or local authorities; and
(b) only include products for sale that have not been certified, licensed, regulated, or inspected by state or local authorities.
(2) If the direct-to-sale farmers market is in any way associated with a farmers market as defined in Subsection 4-5-102(6), the direct-to-sale farmers market section selling homemade food under this chapter shall comply with the following requirements:
(a) the direct-to-sale farmers market section shall be separated from the farmers market section; and
(b) the separate direct-to-sale farmers market section shall include signs or other markings clearly indicating which space is the farmers market space offering inspected items for sale and which space is the direct-to-sale farmers market space offering items that are uninspected.
(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the signage described in Subsection (1).
(4) The requirements described in Subsection (1) do not apply to a direct-to-sale farmers market comprising only minor producers or minor-operated businesses.
Amended by Chapter 362, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5a - Home Consumption and Homemade Food Act › Section 104 - Home producer direct sales -- Exempt from regulation.

Effective 5/3/2023
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, use, consumption, or storage of food and food products if:
(a) the producer complies with the requirements of this chapter; and
(b) the homemade food or homemade food product is:
(i) produced and sold within the state;
(ii) sold directly to an informed final consumer;
(iii) for personal or home consumption; and
(iv) not exempted under Subsection 4-5a-105(1).
(2) Notwithstanding Subsection (1), a producer shall comply with business license requirements pursuant to Section 10-1-203.
(3) Except as provided in Subsection (6), food or food products sold under this section shall be labeled with:
(a) the producer's name and address;
(b) a disclosure statement indicating that the product is:
(i) not for resale; and
(ii) processed and prepared without state or local inspection; and
(c) a statement listing whether the food or food product contains, or was prepared in a location that also handles, common allergens including milk, soy, wheat, eggs, peanuts or tree nuts, fish, or shellfish.
(4)
(a) Except as provided in Subsection (4)(b), homemade food or a homemade food product that is exempt from certain regulations as described in this chapter may not be sold to, or used by, a restaurant or commercial establishment.
(b) A producer may sell a raw, unprocessed fruit or vegetable to a restaurant or commercial establishment.
(5) A producer selling homemade food or homemade food products exempt under this section shall inform the final consumer that the food or food product is not certified, licensed, regulated, or inspected by the state or any county or city.
(6) The requirements described in Subsection (3) do not apply to a direct sale by a home producer comprising only minor producers.
Amended by Chapter 362, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 5a - Home Consumption and Homemade Food Act › Section 105 - Limitations.

Effective 5/8/2018
4-5a-105.
Limitations.
(1) This chapter does not apply to the sale of:
(a) raw dairy or raw dairy products; or
(b) meat products, with the following exceptions:
(i) the sale of poultry and poultry products if the producer:
(A) slaughters no more than 1,000 birds per year in accordance with the United States Department of Agriculture 1,000 bird exemption; and
(B) follows the United States Department of Agriculture's, Food Safety and Inspection Service document titled "Guidance for Determining Whether A Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act"; and
(ii) the sale of domesticated rabbit meat, pending approval from the United States Department of Agriculture that the state's role in meat inspection is preserved.
(2) Nothing in this chapter:
(a) means that the department relinquishes its authority to administer the state's program at a standard level at least equal to the standards imposed under the Federal Meat and Poultry Products Inspection Act;
(b) shall be construed to impede the Department of Health in an investigation of foodborne illness;
(c) prohibits a state agency from providing assistance, consulting, or inspecting when requested by a producer; or
(d) affects the authority of the Department of Health or the Department of Agriculture and Food to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing, regulation, or inspection as described in this chapter.
(3) The department may not, by rule, impose an additional limit, requirement, or restriction on a producer selling food or a food product under this chapter.
Enacted by Chapter 377, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 102 - Purpose declaration.

Effective 7/1/2017
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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 103 - Definitions.

Effective 7/1/2017
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 4-30-102, solicits or negotiates the consignment or purchase of livestock.
(2) "Consignor" means a person who ships or delivers livestock to a dealer for handling or sale.
(3)
(a) "Dealer" means a person who:
(i) receives livestock from a person for sale on commission;
(ii) is entrusted with the possession, management, control, or disposal of livestock for the account of that person; or
(iii) negotiates price, determines a delivery date, and receives money on behalf of a livestock producer.
(b) "Dealer" includes:
(i) a livestock dealer; and
(ii) a person who owns or leases a feedlot.
(4)
(a) "Immediate resale" means the resale of livestock within 60 days of purchase.
(b) "Immediate resale" does not include the resale of livestock culled within 60 days that were purchased for feeding or replacement.
(5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102.
(6) "Livestock dealer" means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale.
(7) "Producer" means a person who is primarily engaged in the business of raising livestock for profit.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 104 - Unlawful to act as an agent or dealer without license -- Exception.

Effective 7/1/2017
4-7-104.
Unlawful to act as an agent or dealer without license -- Exception.
Except as exempted by Section 4-7-105, no person may act as an agent or dealer in this state without being licensed under this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 105 - Exemptions.

Effective 7/1/2017
4-7-105.
Exemptions.
The surety and licensing requirements of this chapter do not apply to:
(1) a livestock market that is bonded as required by laws of the United States and Title 4, Chapter 30, Livestock Markets; or
(2) a cooperative incorporated under the laws of this state or another state, except as to the receipt of livestock from a nonmember producer.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 106 - Licenses -- Applications.

Effective 5/3/2023
4-7-106.
Licenses -- Applications.
Application for an agent's or dealer's license shall be made to the department upon forms prescribed and furnished by the department, and the application shall state:
(1) the applicant's name, principal address in this state, and age;
(2) the applicant's principal address in any location outside Utah;
(3) the name and principal address of the person authorized by the applicant to accept service of process in this state on behalf of the applicant during the licensure period;
(4) the name and principal address of the applicant's surety if the application is for a dealer's license;
(5) a schedule of the commissions, fees, and other charges the applicant intends to collect for services during the period of licensure;
(6) the name and address of each principal the applicant intends to represent during the period of licensure; and
(7) any other information that the department may require by rule.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 109 - Dealers -- Records mandated -- Records subject to inspection.

Effective 7/1/2017
4-7-109.
Dealers -- Records mandated -- Records subject to inspection.
(1) A dealer who receives livestock for sale or consignment shall promptly record:
(a) the name and address of the consignor;
(b) the date received;
(c) the condition and quantity upon arrival;
(d) the date of sale for account of the producer-consignor;
(e) the sale price;
(f) an itemized statement of the charges to be paid by the producer-consignor;
(g) the individual or group identification of the livestock;
(h) the nature and amount of any claims the dealer has against third persons for overcharges or damages; and
(i) if the dealer has a direct or indirect financial interest in the business of the purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the name and address of the purchaser.
(2)
(a) The dealer shall provide a copy of the livestock receipt to the producer immediately upon delivery of the product.
(b) The records required by this section shall be retained for a period of one year following the date of consignment and shall be available during business hours for inspection by the department.
(c) A consignor involved in a consignment subject to inquiry may inspect relevant records.
(3)
(a) A dealer shall file an annual report of the records required under Subsection (1) with the department on a form prescribed and furnished by the department.
(b) The dealer shall file the report by April 15 following the end of a calendar year, or if the records are kept on a fiscal year basis, by 90 days after the close of the fiscal year.
(c) The commissioner may, for good cause shown or by the commissioner's own motion, grant an extension to the filing deadline under Subsection (3)(b).
(d) For purposes of this Subsection (3), "dealer" does not include a packer buyer registered to purchase livestock for slaughter only.
(e) The department shall accept reports as required by the Packers and Stockyards Administration for livestock under the Packers and Stockyards Act, 1921, 7 U.S.C. Sec. 181, et seq.
(f) The reports required under this Subsection (3) may be subject to audit and establish the basis for bond adequacy.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 1 - General Provisions › Section 110 - Livestock purchases.

Effective 7/1/2017
4-7-110.
Livestock purchases.
Livestock purchases shall be paid for as provided in the Packers and Stockyards Act, 1921, 7 U.S.C. Sec. 181, et seq.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 2 - Enforcement, Penalties, and Prohibitions › Section 202 - Sale of livestock -- Prima facie evidence of fraud.

Effective 7/1/2017
4-7-202.
Sale of livestock -- Prima facie evidence of fraud.
The following constitutes prima facie evidence of fraud in the sale of livestock:
(1) any sale of livestock at less than market price by a dealer to a person with whom the dealer has a financial interest; or
(2) any sale out of which the dealer receives part of the sale price other than the agreed commission or other agreed charges.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 2 - Enforcement, Penalties, and Prohibitions › Section 203 - Suspension or revocation -- Grounds -- Notice to producers.

Effective 7/1/2017
4-7-203.
Suspension or revocation -- Grounds -- Notice to producers.
(1) The department may suspend or revoke the license of and suspend or refuse all department services to a person licensed under this chapter if the department finds that the licensee has:
(a) provided false information when making an application for a license;
(b) failed to comply with this chapter or rules adopted under this chapter; or
(c) engaged in any willful conduct that is detrimental to a producer.
(2) If a license is revoked pursuant to a hearing and the decision is final, or an injunction is imposed by a civil court, the department shall, by publication in a newspaper of general circulation in the area, notify producers of livestock in the area in which the licensee operated that the license has been revoked or a department action has been taken.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 2 - Enforcement, Penalties, and Prohibitions › Section 204 - Suspension of license -- Opportunity for hearing.

Effective 7/1/2017
4-7-204.
Suspension of license -- Opportunity for hearing.
(1) The department may suspend a license immediately if:
(a) an emergency exists that presents a clear and present danger to the public health;
(b) an inspection or sampling is refused; or
(c) the licensee's bond has been revoked or cancelled.
(2) The department shall immediately notify the person of the suspension in writing and provide an opportunity for hearing without delay.
Renumbered and Amended by Chapter 345, 2017 General Session