4-5a - Home Consumption and Homemade Food Act

Title 4 > 4-5a

Sections (5)

4-5a-101 - Title.

This chapter is known as the “Home Consumption and Homemade Food Act.”

4-5a-102 - Definitions.

For purposes of this chapter: 4-5a-102(1) “Commercial establishment” means a wholesale or retail business that displays, sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics. “Commercial establishment” does not include a: direct-to-sale location; or direct-to-sale farmers market. 4-5a-102(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. 4-5a-102(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. 4-5a-102(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. 4-5a-102(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). 4-5a-102(6) “Informed final consumer” means an individual who:

purchases the product directly from the producer; does not resell the product; and has been informed that the product is not certified, licensed, regulated, or inspected by the state. 4-5a-102(7) “Minor-operated business” means a business that is operated by an individual who is:

under 18 years old; and not regularly engaged in selling items. 4-5a-102(8) “Minor producer” means a producer that is:

an individual; and under 18 years old. 4-5a-102(9) “Producer” means a person who harvests or produces homemade food or a homemade food product.

4-5a-103 - Regulation of a direct-to-sale farmers market.

4-5a-103(1) Except as provided in Subsection (4), a direct-to-sale farmers market selling homemade food under this chapter shall: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; andonly include products for sale that have not been certified, licensed, regulated, or inspected by state or local authorities. 4-5a-103(2) If the direct-to-sale farmers market is in any way associated with a farmers market as defined in Section 4-5-102, the direct-to-sale farmers market section selling homemade food under this chapter shall comply with the following requirements:the direct-to-sale farmers market section shall be separated from the farmers market section; andthe 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. 4-5a-103(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the signage described in Subsection (1). 4-5a-103(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.

4-5a-104 - Home producer direct sales — Exempt from regulation.

4-5a-104(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:

the producer complies with the requirements of this chapter; and the homemade food or homemade food product is: produced and sold within the state; sold directly to an informed final consumer; for personal or home consumption; and not exempted under Subsection 4-5a-105(1). 4-5a-104(2) Notwithstanding Subsection (1), a producer shall comply with business license requirements pursuant to Section 10-1-203. 4-5a-104(3) Except as provided in Subsection (6), food or food products sold under this section shall be labeled with:

the producer’s name and address; a disclosure statement indicating that the product is: not for resale; and processed and prepared without state or local inspection; and 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. 4-5a-104(4) 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. A producer may sell a raw, unprocessed fruit or vegetable to a restaurant or commercial establishment. 4-5a-104(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. 4-5a-104(6) The requirements described in Subsection (3) do not apply to a direct sale by a home producer comprising only minor producers.

4-5a-105 - Limitations.

4-5a-105(1) This chapter does not apply to the sale of:

raw dairy or raw dairy products; or meat products, with the following exceptions: the sale of poultry and poultry products if the producer:

slaughters no more than 1,000 birds per year in accordance with the United States Department of Agriculture 1,000 bird exemption; and 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 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. 4-5a-105(2) Nothing in this chapter:

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; shall be construed to impede the Department of Health in an investigation of foodborne illness; prohibits a state agency from providing assistance, consulting, or inspecting when requested by a producer; or 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. 4-5a-105(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.