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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]

4-3-1 Definitions.

As used in this chapter:

(1) "Adulterated" means any dairy product which:

(a) contains any poisonous or deleterious substance that may render it injurious to health;

(b) has been produced, prepared, packaged, or held under unsanitary conditions, or where it may have become contaminated or where it may have become diseased or injurious to health;

(c) contains any food additive that is unsafe within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act;

(d) contains any filthy, putrid, or decomposed substance, or fresh fluid milk which contains lactic acid at or above the level of .18 of 1%, or cream with a lactic acid level at or above .8 of 1%, or which is otherwise unfit for human food;

(e) is the product of a diseased animal or an animal which died otherwise than by slaughter, or an animal fed upon uncooked offal;

(f) has intentionally been subjected to radiation, unless the use of the radiation is in conformity with a regulation or exemption promulgated by the department; or

(g) has any valuable constituent omitted or abstracted, or which has any substance substituted in whole or in part therefor, or which has damage or inferiority concealed in any manner, or which has any substance added, mixed, or packed with the product to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value.

(2) "Dairy product" means any product derived from raw or pasteurized milk.

(3) "Distributor" means any person who distributes a dairy product.

(4) "Filled milk" means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, which 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. It does not include any distinctive proprietary food compound which is prepared and designated for feeding infants and young children which is customarily used upon the order of a licensed physician; provided, that the word "milk" does not appear in the product name or in any statement on the label, and that the label conforms with the food labeling requirements.

(5) "Frozen dairy products" mean dairy products normally served to the consumer in a frozen or semifrozen state.

(6) "Grade A milk," "grade A milk products," and "milk" for the purposes of this chapter have the same meaning that is accorded such terms in the federal standards for grade A milk and grade A milk products unless modified by regulations of the department.

(7) "License" means a document allowing a person or plant to process, manufacture, supply, test, haul, or pasteurize milk or milk products or conduct such other activity as specified by the license.

(8) "Manufacturer" means any person who processes milk in such a way that its character is changed.

(9) "Manufacturing milk" means milk used in the production of non-grade A dairy products.

(10) "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 which pertains to packaging and labeling. It also means:

(a) any dairy product in final packaged form manufactured in this state which does not bear the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable; and, a clear statement of the product's common or usual name, quantity, and ingredients, if applicable, and any other information required by regulation of the department;

(b) 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;

(c) any imitation butter made in whole or in part from material other than wholesome milk or cream, except clearly labeled "margarine";

(d) 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; or

(e) any dairy product in final packaged form which makes nutritional claims or adds or adjusts nutrients that are not so labeled.

(11) "Pasteurization" means any process which renders dairy products practically free of disease organisms and is accepted by federal standards.

(12) "Permit or certificate" means a document allowing a person to market milk.

(13) "Plant" means any facility where milk is processed or manufactured.

(14) "Processor" means any person who subjects milk to a process.

(15) "Producer" means a person who owns cows that produce milk for consumption by persons other than the producer's family, employees, or nonpaying guests.

(16) "Raw milk" means unpasteurized milk.

(17) "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.

(18) "Retailer" means any person who sells or distributes dairy products directly to the consumer.
    1979

4-3-2 Authority to make and enforce rules.

The department is authorized and directed, subject to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to make and enforce such rules as may in its judgment and discretion be necessary to carry out the purposes of this chapter.
    1995

4-3-3 Authority in local jurisdictions to regulate dairy products - Department standards to govern - Department evaluation permitted - Local notice to cease inspection.

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.

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. 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.

Upon request, the commissioner shall cooperate with other state agencies, towns, cities, counties, and federal authorities in the administration and enforcement of this chapter.
    1979

4-3-4 Authority to inspect premises.

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 such premises are in compliance with this chapter and the regulations promulgated pursuant to it. If access is denied the department, it may proceed immediately to the nearest court of competent jurisdiction and seek an ex parte warrant or its equivalent to permit inspection of the premises.
    1979

4-3-5 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.
    1979

4-3-6 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.
    1979

4-3-7 Testing and measuring milk - Standards prescribed - Milk quality work in accordance with regulations.

Methods in accordance with those prescribed in the latest edition of "Association of Official Analytical Chemists," or the latest edition of "Standard Methods for Examination of Dairy Products," or in accordance with other publications accepted by the department, or in accordance with methods prescribed by the department shall be used for testing and measuring milk.

Milk quality work shall be performed by the processor or manufacturer in accordance with the rules and regulations adopted by the department.
    1979

4-3-8 Licenses and permits - Application - Fee - Expiration - Renewal.

(1) Application for a license to operate a plant or to 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 it. Upon receipt of a proper application, compliance with all applicable regulations, and payment of a license fee determined by the department pursuant to Subsection 4-2-2 (2), the commissioner, if satisfied that the public convenience and necessity and the industry will be served, shall issue an appropriate license to the applicant subject to suspension or revocation for cause. Each license issued under this section expires at midnight on December 31 of each year. A license to operate a plant or to 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 license renewal fee determined by the department pursuant to Subsection 4-2-2 (2) on or before December 31 of each year.

(2) Application for a permit or certificate to produce milk shall be made to the department on forms prescribed and furnished by it. Upon receipt of a proper application and compliance with all applicable regulations, the commissioner shall issue a permit entitling the applicant to engage in the business of producer, subject to suspension or revocation for cause. No fee may be charged by the department for issuance of a permit or certificate.
    2001

4-3-9 Licenses, permits, and certificates - Suspension or revocation - Grounds.

(1) The department may revoke or suspend the license, permit, or certification of any person who violates this chapter or any rule enacted under the authority of this chapter.

(2) All or part of any license, permit, or certification 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.
    1987

4-3-10 Unlawful acts specified.

It is unlawful for any person in this state to:

(1) operate a plant without a license issued by the department;

(2) market milk without a permit or certificate issued by the department;

(3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk in bulk without a special license to perform the particular activity designated in this subsection; provided, that if more than one person working in a plant is engaged in the performance of a single activity designated in this subsection, it is sufficient if the person who directs the activity is licensed.

(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 license, 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 regulations 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, for the purpose of cleaning and sanitizing it;

(13) use any tank or container used for the transportation of milk or other dairy products which 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 regulations of the department.
    1979

4-3-11 Processors, manufacturers, or distributors - Unlawful to give money, equipment, or fixtures to retailer or consumer - Exceptions - Shelf space for dairy products.

(1) As used in this section:

(a) "liquid dairy product" means a milk container which contains a pint of milk or less; and

(b) "novelty ice cream" means a package or container of ice cream which contains eight fluid ounces or less.

(2) Except as provided in Subsections (3) and (4), no processor, manufacturer, distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service, repair, give, lease, sell, or loan to a retailer or consumer any:

(a) money;

(b) equipment;

(c) fixtures, including ice cream cabinets or bulk milk dispensers;

(d) supplies, excluding expendable supplies commonly provided in connection with the sale of dairy products to a consumer; or

(e) other things having a real or substantial value.

(3) (a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:

(i) is portable;

(ii) has a storage capacity not exceeding 12 cubic feet; and

(iii) is used solely for retail display sales of novelty ice cream.

(b) Milk coolers may be loaned or sold to a retailer if the milk cooler:

(i) is portable;

(ii) has a storage capacity not exceeding 12 cubic feet; and

(iii) is used solely for retail display sales of liquid dairy products.

(4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of ten days or less in any one period of three consecutive months.

(5) (a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell, or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor or receive anything of value from a processor, manufacturer, or distributor in exchange for shelf or refrigerator space for dairy products.

(b) Subsection (5)(a) does not apply to a dairy by-product that is:

(i) a short-term special; or

(ii) a new product being introduced on a trial basis for a period not to exceed 45 days.

(c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3).
    2001

4-3-12 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 4-3-11 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 4-3-11 directly or indirectly affects a member.
    1979

4-3-13 Milk or milk products consumed by owner of farm exempt.

This chapter is inapplicable to milk or milk products produced on the farm if such milk or milk products are consumed by the owner of the farm or members of such owner's immediate family.
    1979

4-3-14 Sale of raw milk prohibited - Exceptions - Suspension of producer's permit.

(1) Raw milk may be sold if:

(a) the producer obtains a permit from the department to produce milk under Subsection 4-3-8 (2);

(b) the sale and delivery of the milk is made upon the premises where the milk is produced;

(c) it is sold to consumers for household use and not for resale;

(d) it is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the milk is produced;

(e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;

(f) it is:

(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal;

(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal; and

(iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to the consumer;

(g) the bacterial count of the milk does not exceed:

(i) 20,000 colony forming units per milliliter, or if individual colonies are counted, a direct microscopic count in excess of 20,000 colony forming units per milliliter; or

(ii) if individual organisms are counted, 80,000 bacteria per milliliter;

(h) the bacterial plate count and the coliform count of the milk meet the bacterial and coliform enforcement standards for grade A pasteurized milk;

(i) the production of the milk conforms to departmental rules for the production of grade A milk;

(j) all dairy animals on the premises are:

(i) permanently and individually identifiable; and

(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and

(k) any person on the premises performing any work in connection with the production, bottling, handling, or sale of the raw milk is free from communicable disease.

(2) (a) The department shall suspend a permit to produce raw milk issued under Subsection 4-3-8 (2) if a milk producer violates any provision of Subsection (1).

(b) The department may reissue a permit to produce raw milk which has been suspended under Subsection (2)(a) if the producer has complied with all of the requirements of Subsection (1).
    2004

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