4-3 - Utah Dairy Act
Title 4 > 4-3
Sections (16)
Organization
4-3-101 - Title.
This chapter is known as the “Utah Dairy Act.”
Enacted by Chapter 345, 2017 General Session
4-3-102 - Definitions.
As used in this chapter:
(1) “Adulterated” means any dairy product that: contains any poisonous or deleterious substance that may render it injurious to health;has been produced, prepared, packaged, or held:under unsanitary conditions;where it may have become contaminated; orwhere it may have become diseased or injurious to health;contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;contains:any filthy, putrid, or decomposed substance;fresh fluid milk with a lactic acid level at or above .0018; orcream with a lactic acid level at or above .008 or that is otherwise unfit for human food;is the product of:a diseased animal;an animal that died otherwise than by slaughter; oran animal fed upon uncooked offal;has intentionally been subjected to radiation, unless the use of the radiation is in conformity with a rule or exemption promulgated by the department; orhas any valuable constituent omitted or abstracted;has any substance substituted in whole or in part;has damage or inferiority concealed in any manner; orhas any substance added, mixed, or packed with the product to: increase its bulk or weight;reduce its quality or strength; ormake it appear better or of greater value.
(2) “Certificate” means a document allowing a person to market milk.
(3) “Cow-share program” means a program in which a person acquires an undivided interest in a milk producing hoofed mammal through an agreement with a producer that includes: a bill of sale for an interest in the mammal;a boarding arrangement under which the person boards the mammal with the producer for the care and milking of the mammal and the boarding arrangement and bill of sale documents remain with the program operator;an arrangement under which the person receives raw milk for personal use not to be sold or distributed in a retail environment or for profit; andno more than two cows, 10 goats, and 10 sheep per farm in the program.
(4) “Dairy product” means any product derived from raw or pasteurized milk.
(5) “Distributor” means any person who distributes a dairy product.
(6) “Filled milk” means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat added, blended, or compounded with it so that the resultant product is an imitation or semblance of milk, cream, or skimmed milk.”Filled milk” does not include any distinctive proprietary food compound:that is prepared and designated for feeding infants and young children, which is customarily used upon the order of a licensed physician;whose product name and label does not contain the word “milk”; andwhose label conforms with the food labeling requirements.
(7) “Frozen dairy products” mean dairy products normally served to the consumer in a frozen or semifrozen state.
(8) “Grade A milk,” “grade A milk products,” and “milk” have the same meaning that is accorded the terms in the federal standards for grade A milk and grade A milk products unless modified by rules of the department.
(9) “Manufacturer” means any person who processes milk in a way that changes the milk’s character.
(10) “Manufacturing milk” means milk used in the production of non-grade A dairy products.
(11) “Misbranded” means: any dairy product whose label is false or misleading in any particular, or whose label or package fails to conform to any federal regulation adopted by the department that pertains to packaging and labeling;any dairy product in final packaged form manufactured in this state that does not bear:the manufacturer’s, packer’s, or distributor’s name, address, and plant number, if applicable;a clear statement of the product’s common or usual name, quantity, and ingredients, if applicable; andany other information required by rule of the department;any butter in consumer package form that is not at least B grade, or that does not meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;any imitation butter made in whole or in part from material other than wholesome milk or cream, except clearly labeled “margarine”;renovated butter unless the words “renovated butter,” in letters not less than 1/2-inch in height appear on each package, roll, square, or container of such butter; orany dairy product in final packaged form that makes nutritional claims or adds or adjusts nutrients that are not so labeled.
(12) “Pasteurization” means any process that renders dairy products practically free of disease organisms and is accepted by federal standards.
(13) “Permit” means a document allowing a person or plant, as designated in the permit, to: process, manufacture, supply, test, haul, or pasteurize milk or milk products; orrepair equipment used to conduct the activities described in Subsection (13)(a).
(14) “Plant” means any facility where milk is processed or manufactured.
(15) “Processor” means any person who subjects milk to a process.
(16) “Producer” means a person who owns a cow or other milk producing hoofed mammal that produces milk for consumption by persons other than the producer’s family, employees, or nonpaying guests.
(17) “Raw milk” means unpasteurized milk.
(18) “Renovated butter” means butter that is reduced to a liquid state by melting and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product of milk.
(19) “Retailer” means any person who sells or distributes dairy products directly to the consumer.
Amended by Chapter 528, 2023 General Session
Rules and Regulations
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
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
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
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
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
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: the latest edition of “Association of Official Analytical Chemists”;the latest edition of “Standard Methods for Examination of Dairy Products”;other publications accepted by the department; ormethods 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
Licensing Permits
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) 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.A fee may not be charged by the department for issuance of a certificate.
Amended by Chapter 528, 2023 General Session
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
Unlawful Acts
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
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: “liquid dairy product” means a milk container which contains a pint of milk or less; and”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: money;equipment;fixtures, including ice cream cabinets or bulk milk dispensers;supplies, excluding expendable supplies commonly provided in connection with the sale of dairy products to a consumer; orother things having a real or substantial value.
(3) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:is portable;has a storage capacity not exceeding 12 cubic feet; andis used solely for retail display sales of novelty ice cream.Milk coolers may be loaned or sold to a retailer if the milk cooler:is portable;has a storage capacity not exceeding 12 cubic feet; andis 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) 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.Subsection (5)(a) does not apply to a dairy by-product that is:a short-term special; ora new product being introduced on a trial basis for a period not to exceed 45 days.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
4-3-403 - Injunctions — Bond not required — Standing to maintain private action — Damages authorized.
(1) 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.No bond shall be required of the department in any proceeding brought under this subsection.
(2) 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.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
Special Programs
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: the producer’s name; anda 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
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: the owner of the farm;a member of the owner’s immediate family;a participant in a cow-share program; ora 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: raw milk in accordance with the terms of a cow-share program agreement; oran 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
4-3-503 - Sale of raw milk products — Suspension of producer’s permit — Severability not permitted.
(1) As used in this section:“Batch” means all the milk emptied from one bulk tank and bottled in a single day.”Foodborne illness outbreak” means the occurrence of two or more cases from different households of a similar illness resulting from the ingestion of a common food.”Raw milk product” means any product produced from raw milk.”Self-owned retail store” means a retail store:of which the producer owns at least 51% of the value of the real property and tangible personal property used in the operations of the retail store; orfor which the producer has the power to vote at least 51% of any class of voting shares or ownership interest in the business entity that operates the retail store.
(2) Except as provided in Subsection (5), a raw milk product may be manufactured, distributed, sold, delivered, held, stored, or offered for sale if:the producer obtains a permit from the department to produce the raw milk product under Subsection 4-3-301(6);the sale and delivery of the raw milk product is made upon the premises where the raw milk product is produced, except as provided by Subsection (3);the raw milk product is sold to consumers for household use and not for resale;the raw milk product is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the raw milk product is produced;the raw milk product is labeled “raw milk product” and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;the raw milk used to produce the raw milk product is:cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal;further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal; andmaintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is delivered to the consumer or used to produce the raw milk product;the bacterial count of the raw milk used to produce the raw milk product does not exceed 20,000 colony forming units per milliliter and, if the bacterial count of raw milk used to produce the raw milk product exceeds 40,000 colony forming units per milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk shall be tested and may not contain the following pathogens:shiga toxin-producing e. coli;listeria monocytogenes;salmonella; andcampylobacter;the coliform count of the raw milk used to produce the raw milk product does not exceed 10 colony forming units per milliliter and, if the coliform count of the raw milk used to produce the raw milk product exceeds 20 colony forming units per milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk shall be tested and may not contain the following pathogens:shiga toxin-producing e. coli;listeria monocytogenes;salmonella; andcampylobacter;the production of the raw milk product conforms to departmental rules for the production of grade A milk products;the dairy animals on the premises are:permanently and individually identifiable; andfree of tuberculosis, brucellosis, and other diseases carried through milk; andany individual on the premises performing any work in connection with the production, bottling, packaging, handling, or sale of the raw milk product is free from communicable disease.
(3) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk product at a self-owned retail store, that is properly staffed, or from a mobile unit where the raw milk product is maintained through mechanical refrigeration at 41 degrees Fahrenheit or a lower temperature, if, in addition to the requirements of Subsection (2), the producer:transports the raw milk product from the premises where the raw milk product is produced to the self-owned retail store in a refrigerated truck where the raw milk product is maintained at 41 degrees Fahrenheit or a lower temperature;retains ownership of the raw milk product until it is sold to the final consumer, including transporting the raw milk product from the premises where the raw milk product is produced to the self-owned retail store without any:intervening storage;change of ownership; orloss of physical control;stores the raw milk product at 41 degrees Fahrenheit or a lower temperature in a display case equipped with a properly calibrated thermometer at the self-owned retail store;places a sign above each display case that contains a raw milk product at the self-owned retail store that:is prominent;is easily readable by a consumer;reads in print that is no smaller than .5 inch in bold type, “This milk product is raw and unpasteurized. Please keep refrigerated.”; andmeets any other requirement established by the department by rule;labels the raw milk product with:a date, no more than nine days after the raw milk product is produced, by which the raw milk product should be sold;the statement “Raw milk products, no matter how carefully produced, may be unsafe.”;handling instructions to preserve quality and avoid contamination or spoilage;a specific colored label as determined by the department by rule; andany other information required by rule;refrains from offering the raw milk product for sale until:the department or a third party certified by the department tests each batch of raw milk used to produce a raw milk product for standard plate count and coliform count; andthe test results meet the minimum standards established for those tests;maintains a database of the raw milk product sales; andmakes the database available to the Department of Health and Human Services during the self-owned retail store’s business hours for purposes of epidemiological investigation;ensures that the plant and retail store complies with Chapter 5, Utah Wholesome Food Act, and the rules governing food establishments enacted under Section 4-5-301; andcomplies with the applicable rules adopted as authorized by this chapter.
(4) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk product and pasteurized milk at the same self-owned retail store if:the self-owned retail store is properly staffed; andthe producer:meets the requirements of Subsections (2) and (3);operates the self-owned retail store on the same property where the raw milk product is produced; andmaintains separate, labeled, refrigerated display cases for raw milk products and pasteurized milk.
(5) A producer may, without meeting the requirements of Subsection (2), sell up to 120 gallons of raw milk per month if:the sale is directly to an end consumer, for household use and not for resale;the sale and delivery of the raw milk is made upon the premises where the raw milk is produced;the producer labels the raw milk with:the producer’s name and address;a date, no more than nine days after the raw milk is produced, by which the raw milk should be sold;the statement “This raw milk has not been licensed or inspected by the state of Utah. Raw milk, no matter how carefully produced, may be unsafe.”; andhandling instructions to preserve quality and avoid contamination or spoilage;the raw milk is:cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal; andfurther cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal;the producer conducts a monthly test ensuring the coliform count of the raw milk does not exceed 10 colony-forming units per milliliter;the dairy animals on the producer’s premises are free of tuberculosis, brucellosis, and other diseases carried through milk;the producer maintains records of tests and sales for a minimum of two years; andthe producer notifies the department of the producer’s intent to sell raw milk pursuant to this Subsection (5) and includes in the notification the producer’s name and address.
(6) A person who conducts a test required by Subsection (3) shall send a copy of the test results to the department as soon as the test results are available.
(7) The department shall make rules, as authorized by Section 4-3-201 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the sale of raw milk products at a self-owned retail store.The rules adopted by the department shall include rules regarding:permits;building and premises requirements;sanitation and operating requirements, including bulk milk tanks requirements;additional tests;use of a third-party testing laboratory within or outside of the state;frequency of inspections, including random cooler checks;recordkeeping; andpackaging and labeling.The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.The department shall establish and collect a fee for the tests and inspections required by this section and by rule in accordance with Section 63J-1-504.Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits and may only use the fees to administer and enforce this section.
(8) The department shall suspend a permit issued under Section 4-3-301 if:two out of four consecutive samples or two samples in a 30-day period violate sample limits established under this section; ora producer violates this section or a rule adopted as authorized by this section.The department may reissue a permit that has been suspended under Subsection (8)(a) if the producer has:obtained a sample result that meets the standards described in Subsections (2)(g) and (h); andcomplied with all of the requirements of this section and rules made as authorized by this section.Upon written request by a producer with a suspended permit, the department shall provide the producer information on how to request a hearing regarding the department’s decision to suspend the permit.
(9) If any subsection of this section or the application of any subsection to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of the section may not be given effect without the invalid subsection or application.The provisions of this section may not be severed.
(10) Nothing in this chapter shall impede the Department of Health and Human Services or the department in an investigation of a foodborne illness outbreak.Notwithstanding Subsection (10)(a), if the Department of Health and Human Services or the department uses a survey to determine whether there is a foodborne illness outbreak linked to a raw milk product, the survey shall include questions that probe the common sources of the implicated pathogen for the foodborne illness outbreak.
(11) If after the investigation of a foodborne illness outbreak the department links the foodborne illness outbreak to a producer, the department shall issue a cease and desist order to the producer linked to the foodborne illness outbreak prohibiting the sale of the raw milk product pending testing required by Subsection (11)(h)(i).For purposes of the cease and desist order, to positively link a producer to a foodborne illness outbreak, the department shall produce evidence from the investigation under Subsection (10) that the foodborne illness outbreak originated with the producer’s raw milk product.A producer who receives a cease and desist order from the department shall:stop the sale of the raw milk product named in the cease and desist order; andnotify persons who purchased raw milk products from the implicated contaminated batch of the cease and desist order.The department shall collect a sample within two working days of issuing a cease and desist order for the purpose of submitting the sample to a laboratory for:testing for pathogens; andif the department wants to publicly disclose a producer’s name or identifying information under Subsection (11)(g), whole genome sequencing testing.The time between the department collecting the sample under Subsection (11)(d) and the department notifying the producer of whole genome sequencing test results may not exceed 15 working days unless before the 15-working day period expires the department notifies the producer in writing that the department requires additional time to notify the producer of the whole genome sequencing test results.Upon the producer’s request and the producer being liable for the costs of the second laboratory, the department shall have the sample collected under Subsection (11)(d) analyzed by two laboratories.The producer shall select the second laboratory from a list of laboratories approved by the department.Before publicly disclosing a producer’s name or identifying information, the department shall notify the producer that the department has linked the producer to a foodborne illness outbreak with a positive whole genome sequencing test.A cease and desist order shall remain in effect until the department:verifies that the producer who is subject to the cease and desist order adheres to this section and has three consecutive tests of the raw milk product that show that the raw milk product meets the standards described in Subsections (2)(g) and (h) and is free of the pathogens listed in Subsections (2)(g) and (h); orreceives a genome sequencing test result that demonstrates that the producer’s raw milk product is not linked to the foodborne illness outbreak that is the subject of the cease and desist order.The department shall notify a producer who is subject to a cease and desist order that the cease and desist order is not in effect within one working day of the conditions of Subsection (11)(h)(i) being met.For purposes of a test described in Subsection (11)(h)(i)(A), the department shall collect a sample for each test within two working days of the producer requesting that a sample be collected.
(12) If the Department of Health and Human Services or the department links a producer’s raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this section, the department may impose upon the producer the following administrative penalties:upon the first violation, a penalty of no more than 750; andupon a third or subsequent violation a penalty of no more than $1,500.The department may impose the penalties described in Subsection (12)(a) in addition to:issuing a cease and desist order under Subsection (11); orsuspending a permit under Subsection (8).
Amended by Chapter 58, 2025 General Session