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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-32-1 Short title.
This chapter shall be known as and may be cited as the
"Utah Meat and Poultry Products Inspection and Licensing
Act."
1979
4-32-2 Purpose declaration.
It is the purpose of this chapter to provide meat and
poultry products inspection programs in the state at least
equal to those imposed under the Federal Meat Inspection
Act and the federal Poultry Products Inspection Act. The
commissioner is directed to administer and enforce this chapter
to accomplish this purpose.
1979
4-32-3 Definitions.
As used in this chapter:
(1) "Adulterated" means any livestock product or poultry product which:
(a) bears or contains any poisonous or deleterious substance which may render it injurious to health, but, if the substance is not an added substance, the livestock product shall not be considered adulterated under this subsection if the quantity of the substance in or on the livestock product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the livestock or poultry or otherwise, any added poisonous or added deleterious substance which in the judgment of the commissioner makes the livestock product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug and Cosmetic Act;
(d) bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act;
(e) bears or contains any color additive which is unsafe within the meaning of Section 721, Federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 379e; provided, that a livestock product which is not otherwise deemed adulterated under Subsections (c), (d), or (e) of this section shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive is prohibited in official establishments by regulations of the commissioner;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if it may have become contaminated with filth, or if it may have been rendered injurious to health;
(h) is in whole or in part the product of an animal which has died otherwise than by slaughter;
(i) is contained in a container which is composed, in whole or in part, of any poisonous or deleterious substance which may render the meat product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug and Cosmetic Act;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or if damage or inferiority is concealed in any manner; or if any substance has been added, mixed, or packed with the meat product to increase its bulk or weight, or reduce its quality or strength, or to make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarine consists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal food manufacturer" means any person engaged in the business of preparing animal food derived from livestock carcasses or parts or products of such carcasses.
(3) "Broker" means any person engaged in the business of buying or selling livestock or livestock products on commission, or otherwise negotiating purchases or sales of livestock or livestock products other than for such person's own account.
(4) "Capable of use as human food" means any livestock carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by regulations of the department to deter its use as human food, or unless it is naturally inedible by humans.
(5) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
(6) "Director of meat inspection" means a licensed graduate veterinarian whose duties and responsibilities are specified by the commissioner.
(7) "Domesticated elk" shall have the meaning as defined in Section 4-39-102 .
(8) "Farm custom slaughter" means custom slaughtering of livestock or poultry for an owner without inspection.
(9) "Farm custom slaughter permit" means a permit issued by the department to allow farm custom slaughter.
(10) "Farm custom slaughter tag" means a tag which specifies the animal's identification and certifies its ownership which is issued by the department through a brand inspector to the owner of the animal before it is slaughtered.
(11) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301, et seq.), and any amendments to it.
(12) "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584) (21 U.S.C. 601, et seq.); the term "federal Poultry Products Inspection Act" means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791) (21 U.S.C. 451, et seq.); and the term "federal acts" means these two federal acts.
(13) "Immediate container" means any consumer package, or any other container in which livestock products not consumer packaged, are packed.
(14) "Inspector" means a licensed veterinarian or competent lay person working under the supervision of a licensed graduate veterinarian.
(15) "Label" means a display of printed, or graphic matter upon any livestock or poultry product or the immediate container, not including package liners, of any such product.
(16) "Labeling" means all labels and other printed, or graphic matter:
(a) upon any livestock product or any of its containers or wrappers; or
(b) accompanying a livestock product.
(17) "Livestock" means any cattle, domesticated elk, sheep, swine, goats, horses, mules or other equines, whether living or dead.
(18) "Livestock product" means any carcass, part of a carcass, meat, or meat food product of any livestock.
(19) "Meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other part of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other parts of such carcasses in relatively small proportion or which historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner. Meat food product as applied to food products of equines shall have a meaning comparable to that provided in this subsection with respect to cattle, sheep, swine, and goats.
(20) "Misbranded" means any livestock product or poultry product which:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
(d) if its container is so made, formed, or filled as to be misleading;
(e) does not bear a label showing (i) the name and place of business of the manufacturer, packer, or distributor and (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count; provided, that under this Subsection (e), exemptions as to livestock products not in containers may be established by regulations of the department and that under Clause (ii) of this subsection, reasonable variations may be permitted, and exemptions for small packages may be established for livestock or poultry products by regulation of the department;
(f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(g) is a food for which a definition and standard of identity or composition has been prescribed by regulations of the department under Section 4-32-7 if the food does not conform to such definition and standard and the label does not bear the name of the food and any other information that is required by the regulation;
(h) is a food for which a standard of fill has been prescribed by regulation of the department for the container and the actual fill of the container falls below that prescribed unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
(i) is a food for which no standard or definition of identity has been prescribed under Subsection (g) of this section unless its label bears (i) the common or usual name of the food, if any there be, and (ii) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each; provided, that to the extent that compliance with the requirements of Clause (ii) of this Subsection (i) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulation;
(j) is a food which purports to be or is represented to be for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by regulation as necessary to inform purchasers as to its value for such uses;
(k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by regulations of the department; or
(l) does not bear directly thereon and on its containers, as the department may prescribe by regulation, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the department may require by regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain it in a wholesome condition.
(21) "Official certificate" means any certificate prescribed by regulations of the department for issuance by an inspector or other person performing official functions under this chapter.
(22) "Official device" means any device prescribed or authorized by the commissioner for use in applying any official mark.
(23) "Official establishment" means any establishment at which inspection of the slaughter of livestock or the preparation of livestock products is maintained under the authority of this chapter.
(24) "Official inspection legend" means any symbol prescribed by regulations of the department showing that a livestock product was inspected and passed in accordance with this chapter.
(25) "Official mark" means the official legend or any other symbol prescribed by regulations of the department to identify the status of any livestock or livestock product under this chapter.
(26) "Permittee" means a person who holds a valid farm custom slaughter permit.
(27) "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity," have the same meanings for purposes of this chapter as ascribed to them in the Federal Food, Drug and Cosmetic Act.
(28) "Poultry" means any domesticated bird, whether living or dead.
(29) "Poultry product" means any product capable of use as human food which is made wholly or in part from any poultry carcass, excepting products which contain poultry ingredients in relatively small proportion or which historically have not been considered by consumers as products of the poultry food industry, and which are exempted from definition as a poultry product by the commissioner.
(30) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
(31) "Renderer" means any person engaged in the business of rendering livestock carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter.
(32) "Slaughter" means the killing of livestock or poultry in a humane manner including skinning, dressing, or the process of performing any of the specified acts in preparing livestock or poultry for human consumption.
(33) "Slaughterhouse" or "custom slaughterhouse" means any building, plant, or establishment used for the purpose of killing, dressing, or processing, whether such dressing or processing is in conjunction with a killing operation or is a separate business, livestock or livestock products or poultry or poultry products offered for sale or to be used for human consumption.
(34) "Slaughtering of livestock or poultry as a business"
means the slaughtering of livestock or poultry for the owner
or caretaker of the livestock or poultry by a person who
is not a full-time employee of the owner or caretaker of
such livestock or poultry.
1997
4-32-4 License required to operate slaughterhouse - Slaughtering livestock except in slaughterhouse prohibited - Exceptions - Violation a misdemeanor.
(1) No person shall operate a slaughterhouse in this state without a license issued by the department, nor shall any person, except in a licensed slaughterhouse, slaughter livestock as a business or assist other persons in the slaughter of livestock except as otherwise provided in Subsection (2) or (3).
(2) Except as provided in Subsection (3), a person who raises his own livestock or an employee of that person may slaughter livestock without a farm custom slaughter permit if:
(a) the livestock is slaughtered on property owned by that person;
(b) the livestock product derived from the slaughtered animal is consumed exclusively by that person or his immediate family, regular employees of that person, or nonpaying guests; and
(c) the livestock product is marked "Not For Sale."
(3) Domesticated elk may only be slaughtered as provided in this chapter and in Chapter 39 of this title.
(4) Farm custom slaughter may be performed by a person who holds a valid farm custom slaughter permit.
(5) Any person who violates this section, except as otherwise provided in Subsection (5), is guilty of a class C misdemeanor.
(6) Any person who offers for sale or sells any uninspected
livestock product is guilty of a class B misdemeanor.
1997
4-32-5 Slaughterhouse licenses and farm custom slaughter permits - Application - Fees - Expiration - Renewal.
(1) Application for a license to operate a slaughterhouse shall be made to the department upon forms prescribed and furnished by it. Upon receipt of a proper application, compliance with all applicable regulations, and the payment of an annual license fee determined by the department pursuant to Subsection 4-2-2 (2), the commissioner, if satisfied that the public convenience and necessity will be served, shall issue a license allowing the applicant to operate a slaughterhouse through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. A slaughterhouse license is annually renewable on or before December 31 of each year, upon the payment of an annual license renewal fee in an amount determined by the department pursuant to Subsection 4-2-2 (2).
(2) Application for a farm custom slaughter permit to
engage in the business of slaughtering livestock shall be
made to the department on forms prescribed and furnished
by it. Upon receipt of a proper application, compliance with
all applicable regulations, and payment of a permit fee in
an amount determined by the department pursuant to Subsection
4-2-2
(2), the commissioner shall issue a permit
allowing the applicant to engage in farm custom slaughtering.
A farm custom slaughter permit is annually renewable on or
before December 31 of each year, upon the payment of an annual
renewal permit fee in an amount determined by the department
pursuant to Subsection
4-2-2
(2).
1985
4-32-6 Duties of person who holds a farm custom slaughter permit.
Each person who holds a farm custom slaughter permit shall:
(1) keep accurate records of each animal slaughtered including the name, address, and telephone number of each person for whom livestock is slaughtered, a full description of each animal slaughtered including brands, marks, or other identifying marks, proof of ownership, destination of the carcass for processing, and the date of slaughter;
(2) require that each animal presented for slaughter bear a farm custom slaughter tag;
(3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot, electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
(4) stamp and tag the carcass of any slaughtered animal
"Not For Sale."
1979
4-32-7 Mandatory functions, powers, and duties of department prescribed.
The department shall make rules pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, regarding the following functions, powers, and duties, in addition to those specified in Title 4, Chapter 1, Utah Agricultural Code, for the administration and enforcement of this chapter:
(1) The department shall require antemortem and postmortem inspections, quarantine, segregation, and reinspections by inspectors appointed for those purposes with respect to the slaughter of livestock and poultry and the preparation of livestock and poultry products at official establishments, except as provided in Subsection 4-32-8 (13).
(2) The department shall require that:
(a) livestock and poultry be identified for inspection purposes;
(b) livestock or poultry products, or their containers be marked or labeled as:
(i) "Utah Inspected and Passed" if, upon inspection, the products are found to be unadulterated; and
(ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be adulterated; and
(c) condemned products, which otherwise would be used for human consumption, be destroyed under the supervision of an inspector.
(3) The department shall prohibit or limit livestock products, poultry products, or other materials not prepared under inspection procedures provided in this chapter, from being brought into official establishments.
(4) The department shall require that labels and containers for livestock and poultry products:
(a) bear all information required under Section 4-32-3 if the product leaves the official establishment; and
(b) be approved prior to sale or transportation.
(5) For official establishments required to be inspected under Subsection (1), the department shall:
(a) prescribe sanitary standards;
(b) require experts in sanitation or other competent investigators to investigate sanitary conditions; and
(c) refuse to provide inspection service if the sanitary conditions allow adulteration of any livestock or poultry product.
(6) (a) The department shall require that any person engaged in a business referred to in Subsection (b) shall:
(i) keep accurate records disclosing all pertinent business transactions;
(ii) allow inspection of the business premises at reasonable times and examination of inventory, records, and facilities; and
(iii) allow inventory samples to be taken after payment of their fair market value.
(b) Subsection (a) shall refer to any person who:
(i) slaughters livestock or poultry;
(ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any livestock or poultry products for human or animal consumption;
(iii) renders livestock or poultry; or
(iv) buys, sells, or transports any dead, dying, disabled, or diseased livestock or poultry, or parts of their carcasses that died by a method other than slaughter.
(7) (a) The department shall:
(i) adopt by reference rules and regulations under federal acts with changes that the commissioner considers appropriate to make the rules and regulations applicable to operations and transactions subject to this chapter; and
(ii) promulgate any other rules considered necessary for the efficient execution of the provisions of this chapter, including rules of practice providing an opportunity for hearing in connection with the issuance of orders under Subsection(5) or under Subsection 4-32-8 (1), (2), or (3) and prescribing procedures for proceedings in these cases.
(b) These procedures shall not preclude requiring that a label or container be withheld from use, or inspection be refused under Subsections (1) and (5), or Subsection 4-32-8 (3), pending issuance of a final order in the proceeding.
(8) (a) To prevent the inhumane slaughtering of livestock and poultry, inspectors shall be appointed to examine and inspect methods of handling and slaughtering livestock and poultry.
(b) Inspection of new slaughtering establishments may be refused or temporarily suspended if livestock or poultry have been slaughtered or handled by any method not in accordance with the Humane Methods of Slaughter Act of 1978, Public Law 95-445.
(9) (a) The department shall require all livestock and poultry showing symptoms of disease during antemortem inspection, performed by an inspector appointed for that purpose, to be set apart and slaughtered separately from other livestock and poultry.
(b) When slaughtered, the carcasses of livestock and poultry
shall be subject to careful examination and inspection in
accordance with rules prescribed by the commissioner.
1997
4-32-8 Discretionary functions, powers, and duties of commissioner prescribed.
The commissioner may:
(1) remove inspectors from any official establishment that fails to:
(a) destroy condemned products pursuant to Subsection 4-32-7 (2); or
(b) comply with any other requirements of this chapter;
(2) refuse to provide inspection for any official establishment for any cause specified in Section 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry Products Inspection Act;
(3) withhold the use of labels and containers if the labeling is false or misleading or the containers are misleading in size or form;
(4) prescribe the type size and style to be used for labeling:
(a) information;
(b) definitions; and
(c) standards of identity, composition, or container fill;
(5) prescribe conditions for the storage and handling of livestock and poultry products by any person who sells, freezes, stores, or transports these products to prevent them from becoming adulterated or misbranded;
(6) require that equines be slaughtered and prepared in establishments separate from those where other livestock is slaughtered or their products are prepared;
(7) require that the following people register the name and address of each place of business and all trade names:
(a) broker;
(b) renderer;
(c) animal food manufacturer;
(d) wholesaler;
(e) public warehouseman of livestock or poultry products; or
(f) anyone engaged in the business of buying, selling, or transporting any:
(i) dead, dying, disabled, or diseased livestock or poultry; or
(ii) parts of livestock or poultry carcasses that died other than by slaughter;
(8) make inspections of official establishments at night, as well as during the day, if livestock, poultry, or livestock and poultry products are slaughtered and prepared for commercial purposes in those establishments at night;
(9) divide the state into inspection districts and designate killing days and partial killing days for each official establishment;
(10) cooperate with the Secretary of Agriculture of the United States in the administration of this chapter and accept federal assistance and use funds appropriated for the administration of this chapter to pay the state's proportionate share of the cooperative program;
(11) recommend the names of officials and employees of the department to the Secretary of Agriculture of the United States for appointment to the advisory committees provided for in the federal acts;
(12) serve as the representative of the governor for consultation with the Secretary of Agriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section 5(c) of the federal Poultry Products Inspection Act, unless the governor selects another representative;
(13) exempt from inspection:
(a) the slaughter and processing of livestock and poultry by any person who raises livestock or poultry for his own use, members of his household, his employees, or nonpaying guests;
(b) farm custom slaughter performed by a permittee;
(c) any other operation, if the exemption:
(i) furthers the purposes of this chapter; and
(ii) conforms to federal acts; and
(14) exempt from this chapter the processing of wild game if it:
(a) is not processed in the same room and at the same time that inspected and approved livestock and poultry products are being processed; and
(b) is stored in a separate cooler from inspected and
passed products.
1990
4-32-9 Additional powers of commissioner.
(1) The commissioner may:
(a) gather and compile information concerning and, to investigate the organization, business, conduct, practices, and management of any person subject to this chapter;
(b) require any person subject to this chapter to file information regarding the person's business or operation as the commissioner requires;
(c) for the purpose of this chapter, at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence, of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation;
(d) require the attendance of witnesses and the production of documentary evidence at any place designated for hearing; in case of disobedience to a subpoena, the commissioner may invoke the aid of any court of competent jurisdiction to compel the attendance of witnesses and the production of documentary evidence; and
(e) order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of the proceeding or investigation; the depositions may be taken before any person with power to administer oaths designated by the commissioner, and the testimony shall be reduced to writing by the person taking the deposition, or under his direction and shall then be subscribed by the deponent.
(2) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
(3) (a) Any person who without just cause neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in obedience to the subpoena or lawful requirement of the commissioner is guilty of a class A misdemeanor. Any fine imposed may not be less than $500.
(b) Any person that willfully makes, or causes to be made, any false entry or statement of fact in any report required to be made under this chapter, or that willfully makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter, or that neglects or fails to make, or to cause to be made, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions appertaining to the business of that person or that willfully removes out of the jurisdiction of this state, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any person subject to this chapter or that willfully refuses to submit to the commissioner or to any of the commissioner's authorized agents, for the purpose of inspection and making copies, any documentary evidence of any person subject to this chapter within the person's possession or control is guilty of a class A misdemeanor. Any fine imposed may not be less than $500.
(c) If any person required by this chapter to file any
annual or special report fails to do so within the time fixed
by the commissioner, and the failure continues for 30 days
after notice of default, the person shall forfeit to the
state the sum of $10 for each day of the continuance of the
failure, which forfeiture is payable into the treasury of
this state, and is recoverable in a civil suit in the name
of the state brought in the district where the person has
a principal office or in any district in which he does business.
The various county attorneys, under the direction of the
attorney general of this state, shall prosecute for the recovery
of the forfeitures. The costs and expenses of prosecution
shall be paid out of the appropriation for the expenses of
the courts of this state.
1997
4-32-10 Judicial review of orders enforcing chapter.
(1) Any party aggrieved by an order issued under Subsection 4-32-7 (3) or under Subsection 4-32-8 (1), (2), or (3) may obtain judicial review.
(2) The district courts have jurisdiction to enforce this chapter, and to prevent and restrain violations of this chapter, and have jurisdiction in all other kinds of cases arising under this chapter.
(3) All proceedings for the enforcement of this chapter,
or to restrain violations of this chapter, shall be by and
in the name of this state.
1987
4-32-11 Preparation and slaughter of livestock, poultry, or livestock and poultry products - Adulterated or misbranded products - Violation of rule or order.
(1) No livestock, poultry, or livestock or poultry product, which may be used for human consumption shall be:
(a) slaughtered or prepared unless it is done in compliance with the requirements of this chapter;
(b) sold, transported, offered for sale or transportation, or received for transportation, if it is adulterated or misbranded unless it has been inspected and approved; or
(c) subjected to any act while being transported or held for sale after transportation which results in one of these products becoming adulterated or being misbranded.
(2) No person shall violate any rule or order of the commissioner
under Subsection
4-32-7
(3) or (6), or Subsection
4-32-8
(3), (5), (7), or (14).
1990
4-32-12 Unauthorized use or possession of official devices, labels, marks, or certificates - False statements, misrepresentations, and trade secrets.
(1) No person shall cast, print, lithograph, or make any device or label containing or bearing any official mark or simulation of a mark, or any form or simulation of an official certificate unless authorized by the commissioner.
(2) No person shall:
(a) forge any official device, mark, or certificate;
(b) use any official device, mark, or certificate without the authorization of the commissioner;
(c) alter, detach, deface, or destroy any official device, mark, or certificate;
(d) fail to use, detach, deface, or destroy any official device, mark, or certificate as required by this chapter;
(e) knowingly possess any of the following, if it bears any unauthorized, counterfeit, simulated, forged, or altered official mark:
(i) an official device;
(ii) a counterfeit, simulated, forged, or altered official certificate;
(iii) a device;
(iv) a label;
(v) a carcass of any animal, including poultry; or
(vi) a part or product of any animal, including poultry;
(f) knowingly make any false statement in any shipper's certificate, or nonofficial or official certificate;
(g) knowingly represent that any livestock or poultry product has been inspected and approved, or exempted, under this chapter when, in fact, it has not; or
(h) use to his advantage or reveal any information acquired under the authority of this chapter relating to any matter entitled to protection as a trade secret unless the information is:
(i) revealed to an authorized government representative; or
(ii) ordered by a court in a judicial proceeding.
1990
4-32-13 Meat or carcasses of horses, mules, or other equines to be marked or labeled - Livestock or poultry products not intended for human food - Dead, dying, disabled, or diseased animals.
(1) No person shall sell, transport, offer for sale or transportation, or receive for transportation, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the commissioner to show the kinds of animals from which they were derived.
(2) No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation any livestock products or poultry products which are not intended for human food unless they are denatured or otherwise identified as required by the regulations of the commissioner or are naturally inedible by humans.
(3) No person engaged in the business of buying, selling,
or transporting dead, dying, disabled, or diseased animals,
or any parts of the carcasses of any animals that died otherwise
than by slaughter, shall buy, sell, transport, offer for
sale or transportation, or receive for transportation such
animals or parts of carcasses unless such transaction or
transportation is made in accordance with regulations prescribed
by the commissioner to assure that such animals or parts
of carcasses will be prevented from being used for human
food.
1979
4-32-14 Attempt to bribe state officer or employee - Acceptance of bribe - Interference with official duties - Penalties.
(1) (a) Any person who gives, pays, or offers, directly or indirectly, any money or other thing of value, to any officer or employee of this state who is authorized to perform any duties under this chapter, with the intent to influence the officer or employee in the discharge of his duty, is guilty of a felony of the third degree, and upon conviction, shall be punished by a fine of not more than $5,000 or imprisonment of not more than five years, or both.
(b) An officer or employee of this state authorized to perform duties under this chapter who accepts money, a gift, or other thing of value from any person given with intent to influence his official action, is guilty of a felony of the third degree and shall, upon conviction, be discharged from office, fined in an amount of not more than $5,000, or imprisoned for not more than five years, or both.
(2) (a) Any person who assaults, obstructs, impedes, intimidates, or interferes with any person engaged in the performance of official duties under this chapter, with or without a dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall be punished by a fine of not more than $5,000, or by imprisonment of not more than five years, or both.
(b) Any person who, in the commission of any violation of Subsection (2) of this section, uses a dangerous weapon as defined in Section 76-1-601 , is guilty of a felony of the second degree and upon conviction shall be punished by a fine of not more than $10,000, or by imprisonment for a period of not more than ten years, or both.
(c) Any person who kills another person engaged in the
performance of official duties under this chapter shall be
punished as provided in Section
76-5-202
.
1997
4-32-15 Inspection of products placed in containers - Supervision of inspector - Access to establishment.
(1) No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed under the supervision of an inspector.
(2) For purposes of any inspection of products required
by this chapter, inspectors authorized by the department
shall have access at all times to every part of every establishment
required to have inspection whether the establishment is
operated or not.
1979
4-32-16 Detention of animals or livestock or poultry products - Removal of official marks.
Whenever any livestock or poultry product or any product
exempted from the definition of a livestock or poultry product,
or any dead, dying, disabled, or diseased livestock or poultry,
is found by any authorized representative of the commissioner,
and there is reason to believe that it is adulterated or
misbranded and is capable of use as human food, or that it
has not been inspected and passed, or that it has been or
is intended to be distributed in violation of this chapter,
it may be detained by such representative pending action
under Section
4-32-17
, and shall not be moved by any person from
the place at which it is located when so detained, until
released by such representative. All official marks may be
required by such representative to be removed from such product
or animal before it is released.
1979
4-32-17 Quarantine authorized - Conditions giving rise to quarantine.
(1) Any livestock or poultry product, or any dead, dying, disabled, or diseased livestock or poultry that is being transported or is held for sale in this state, and that (a) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (b) is capable of use as human food and is adulterated or misbranded, or (c) in any other way is in violation of this chapter, shall be seized and quarantined. Quarantined animals or products shall be condemned and destroyed, except that the owner of such animals or products may request a hearing within five days, and the commissioner shall, within five days after such request, conduct a hearing to decide whether quarantined animals or products shall be condemned. The commissioner's decision shall be final, and all condemned animals or products shall forthwith be destroyed or denatured in the presence of the commissioner or an inspector.
(2) This section shall in no way derogate from authority
for condemnation or seizure conferred by other provisions
of this chapter, or other laws.
1979
4-32-18 Regulations for the construction and operation of slaughterhouses authorized.
For the purposes of administering this chapter and qualifying
slaughterhouses for licenses, the commissioner has authority
to adopt sanitary inspection rules and regulations, and all
other necessary rules and regulations, including those pertaining
to the construction, equipment, and facilities of slaughterhouses.
Such rules and regulations shall, so far as practical, be
in conformity with the regulations promulgated under the
federal acts.
1979
4-32-20 Suspension or revocation - Grounds.
The department may upon its own motion and shall upon the verified complaint in writing of any person, investigate or cause to be investigated the operation of any slaughterhouse, and may suspend or revoke the license of such slaughterhouse upon any of the following grounds:
(1) the license was obtained by any false or misleading statement;
(2) for slaughtering any livestock or poultry without inspection (antemortem and postmortem), or for processing any livestock or poultry or products of either that have not been inspected and passed, (or exempted) and so identified;
(3) the advertising or publicizing of any false or misleading statements which pertain to the slaughtering, processing, or distribution of livestock or livestock products or poultry or poultry products;
(4) the failure to maintain refrigeration, sanitation, or dispose of waste as required by regulations of the department;
(5) the failure to comply with regulations of the department
pertaining to the disposal of carcasses or parts of carcasses
which have been determined to be unfit for human consumption.
1979
4-32-21 Denial of application for farm custom slaughter permit - Venue for judicial review.
(1) Any applicant, whose application for a license to operate a slaughterhouse or to obtain a farm custom slaughter permit is denied, may file a request for agency action with the department, requesting a hearing on the issue of denial.
(2) (a) Any person who is aggrieved by an order issued under this section may obtain judicial review.
(b) Venue for judicial review of informal adjudicative proceeding is in the district court in the county in which the alleged unlawful activity occurred or, in the case of an order denying a license application, in the county where the applicant resides.
(3) The attorney general's office shall represent the
department in any original action or any appeal under this
section.
1987
4-32-22 Livestock or poultry slaughtered or the products of either not intended for human use - No inspection - Products to be denatured or otherwise identified.
Inspection shall not be provided under this chapter at
any establishment for the slaughter of livestock or poultry
or the preparation of any livestock products or poultry products
which are not intended for use as human food, but such products
shall be denatured or otherwise identified as prescribed
by regulations of the department prior to their offer for
sale or transportation.
1979
