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

4-5-1 Short title.

This chapter is known as the "Utah Wholesome Food Act."
    1990

4-5-2 Definitions.

As used in this chapter:

(1) "Advertisement" means a representation, other than by labeling, made to induce the purchase of food.

(2) (a) "Color additive" means a dye, pigment, or other substance not exempted under the federal act that, when added or applied to a food, is capable of imparting color. "Color" includes black, white, and intermediate grays.

(b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or other agricultural chemical which imparts color solely because of its effect, before or after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of any plant life.

(3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal act.

(b) "Consumer commodity" does not include:

(i) a commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;

(ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;

(iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;

(iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec. 451 et seq.;

(v) a tobacco or tobacco product; or

(vi) a beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201, et seq.

(4) "Contaminated" means not securely protected from dust, dirt, or foreign or injurious agents.

(5) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.

(6) "Food" means:

(a) an article used for food or drink for human or animal consumption or the components of the article;

(b) chewing gum or its components; or

(c) a food supplement for special dietary use which is necessitated because of a physical, physiological, pathological, or other condition.

(7) (a) "Food additive" means a substance, the intended use of which results in the substance becoming a component, or otherwise affecting the characteristics, of a food. "Food additive" includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food.

(b) "Food additive" does not include:

(i) a pesticide chemical in or on a raw agricultural commodity;

(ii) a pesticide chemical that is intended for use or is used in the production, storage, or transportation of a raw agricultural commodity; or

(iii) a substance used in accordance with a sanction or approval granted pursuant to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.

(8) (a) "Food establishment" means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.

(b) "Food establishment" does not include a dairy farm, a dairy plant, or a meat establishment, which is subject to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.

(9) "Label" means a written, printed, or graphic display on the immediate container of an article of food. The department may require that a label contain specific written, printed, or graphic information which is:

(a) displayed on the outside container or wrapper of a retail package of an article; or

(b) easily legible through the outside container or wrapper.

(10) "Labeling" means a label and other written, printed, or graphic display:

(a) on an article of food or its containers or wrappers; or

(b) accompanying the article of food.

(11) "Official compendium" means the official documents or supplements to the:

(a) United States Pharmacopoeia;

(b) National Formulary; or

(c) Homeopathic Pharmacopoeia of the United States.

(12) (a) "Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers.

(b) "Package" does not include:

(i) package liners;

(ii) shipping containers or wrapping used solely for the transportation of consumer commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail distributors; or

(iii) shipping containers or outer wrappings used by retailers to ship or deliver a consumer commodity to retail customers, if the containers and wrappings bear no printed information relating to the consumer commodity.

(13) (a) "Pesticide" means a substance intended:

(i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection 4-14-2 (20); or

(ii) for use as a plant regulator, defoliant, or desicant.

(b) "Pesticide" does not include:

(i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by the United States Secretary of Health and Human Services not to be a new animal drug by federal regulation establishing conditions of use of the drug; or

(ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal drug.

(14) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(15) "Raw agricultural commodity" means a food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to marketing.

(16) "Registration" means the issuance of a certificate by the commissioner to a qualified food establishment.
    2004

4-5-3 Unlawful acts specified.

(1) A person may not:

(a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded;

(b) adulterate or misbrand food;

(c) except as provided in Subsection (2), distribute, in commerce, a consumer commodity inconsistent with the packaging and labeling requirements of this chapter, or the rules made under this chapter;

(d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section 4-5-9 ;

(e) disseminate false advertising;

(f) remove or dispose of detained or embargoed food in violation of Section 4-5-5 ;

(g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in the food being misbranded or adulterated while the food is for sale;

(h) forge, counterfeit, simulate, or misrepresent a label or information, by the unauthorized use of a mark, stamp, tag, label, or other identification device;

(i) use or reveal a method, process, or information which is protected as a trade secret;

(j) operate a food establishment without a valid registration issued by the department; and

(k) refuse entry to an authorized agent of the department in a food establishment as required under Section 4-5-18 .

(2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail distribution of consumer commodities unless that person:

(a) is engaged in the packaging or labeling of consumer commodities; or

(b) prescribes or specifies the manner in which consumer commodities are packaged or labeled.
    2004

4-5-4 Defenses. No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination of such false advertisement, unless he has refused, on the request of the department to furnish it, the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Utah who caused him to disseminate such advertisement.
    1985

4-5-5 Adulterated or misbranded articles - Tagging - Detention or embargo - Court proceedings for condemnation - Perishable food.

(1) (a) When an authorized agent of the department finds or has probable cause to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he shall affix to the food a tag or other appropriate marking, giving notice that:

(i) the food is, or is suspected of being, adulterated or misbranded;

(ii) the food has been detained or embargoed; and

(iii) removal of the food is prohibited as provided in Subsection (1)(b).

(b) No person may remove or dispose of detained or embargoed food by sale or otherwise until permission for removal or disposal is given by an agent of the department or the court.

(2) When food detained or embargoed under Subsection (1) has been found by an agent to be adulterated or misbranded, the department shall petition the district court in whose jurisdiction the food is detained or embargoed for an order of condemnation of the food. When the agent has found that food so detained or embargoed is not adulterated or misbranded, the department shall remove the tag or other marking.

(3) (a) If the court finds that detained or embargoed food is adulterated or misbranded, the food must, after entry of the decree, be destroyed under the supervision of the agent.

(b) If the adulteration or misbranding can be corrected by proper labeling or processing of the food, the court may by order direct that the food be delivered to the claimant for labeling or processing after:

(i) entry of the decree;

(ii) all costs, fees, and expenses have been paid; and

(iii) a sufficient bond, conditioned that the food must be properly labeled and processed, has been executed.

(c) An agent of the department shall supervise, at the claimant's expense, the labeling or processing of the food.

(d) The bond shall be returned to the claimant of the food upon:

(i) representation to the court by the department that the food is no longer in violation of this chapter; and

(ii) the expenses of supervision have been paid.

(4) If an authorized agent of the department finds in any building or vehicle any perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized agent shall condemn or destroy the food or render it unsalable as human food.
    1990

4-5-6 Definitions and standards of identity, quality, and fill of container - Regulations - Temporary and special permits.

(1) Definitions and standards of identity, quality and fill of container, now or hereafter adopted under authority of the federal act, are the definitions and standards of identity, quality and fill of container in this state. However, the department may promulgate regulations establishing definitions and standards of identity, quality and fill of container for foods where no federal regulations exist and may promulgate amendments to any federal or state regulations which set definitions and standards of identity, quality and fill of container for foods.

(2) Temporary permits now or hereafter granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under the conditions provided in such permits. In addition, the department may issue additional permits where they are necessary to the completion or conclusiveness of an otherwise adequate investigation and where the interests of consumers are safeguarded. Such permits are subject to the terms and conditions the department may prescribe by regulation.
    1979

4-5-7 Adulterated food specified.

A food shall be deemed to be adulterated:

(1) (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health;

(b) (i) if it bears or contains any added poisonous or added deleterious substance other than one which is:

(A) a pesticide chemical in or on a raw agricultural commodity;

(B) a food additive; or

(C) a color additive, which is unsafe within the meaning of Subsection 4-5-11 (1); or

(ii) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 (a) of the federal act; or

(iii) if it is or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the federal act; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under Section 408 21 U.S.C. 346a of the federal act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of Section 4-5-11 and Subsection (1)(b)(iii), not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity;

(c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;

(d) if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health;

(e) if it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked offal from a slaughterhouse;

(f) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(g) if it 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 4-5-11 , or Section 409 of the federal act; or

(h) in meat or meat products are adulterated;

(i) if such products are in casings, packages, or wrappers through which any part of their contents can be seen and which, or the markings of which, are colored red or any other color so as to be misleading or deceptive with respect to the color, quality, or kind of such products to which they are applied, or

(ii) if such products contain or bear any color additive;

(2) (a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(b) if any substance has been substituted wholly or in part therefor;

(c) if damage or inferiority has been concealed in any manner; or

(d) if any substance has been added or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or

(3) If it is confectionery, and:

(a) has partially or completely imbedded therein any nonnutritive object; provided that this clause shall not apply in the case of any nonnutritive objective if, in the judgment of the department such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health;

(b) bears or contains any alcohol other than alcohol not in excess of one-half of 1 percent by volume derived solely from the use of flavoring extracts; or

(c) bears or contains any nonnutritive substance; provided, that this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storing of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this act: And provided further, that the department may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances.
    1995

4-5-8 Misbranded food specified.

(1) Food is misbranded if:

(a) its label is false or misleading in any way;

(b) its labeling or packaging fails to conform with the requirements of Section 4-5-15 ;

(c) it is offered for sale under the name of another food;

(d) its container is so made, formed, or filled with packing material or air as to be misleading; or

(e) it fails to conform with any requirement specified in this section.

(2) A food that is an imitation of another food must bear a label, in type of uniform size and prominence, stating the word "imitation," and, immediately thereafter, the name of the food imitated.

(3) (a) A food in package form must bear a label containing:

(i) the name and place of business of the manufacturer, packer, or distributor; and

(ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.

(b) The statement required by Subsection (3)(a)(ii) must be separately and accurately stated in a uniform location upon the principal display panel of the label unless reasonable variations and exemptions for small packages are established by a rule made by the department.

(c) A manufacturer or distributor of carbonated beverages who utilizes proprietary stock or a proprietary crown is exempt from Subsection (3)(a)(i) if he files with the department:

(i) a sworn affidavit giving a full and complete description of each area within the state in which beverages of his manufacturing or distributing are to be distributed; and

(ii) the name and address of the person responsible for compliance with this chapter within each of those areas.

(4) Any word, statement, or other information required by this chapter to appear on the label or labeling must be:

(a) prominently placed on the label;

(b) conspicuous in comparison with other words, statements, designs, or devices in the labeling; and

(c) in terms which render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(5) If a food is represented as a food for which a definition and standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-6 , it must:

(a) conform to the definition and standard; and

(b) have a label bearing:

(i) the name of the food specified in the definition and standard; and

(ii) insofar as may be required by the rules, the common names of optional ingredients, other than spices, flavorings, and colorings, present in the food.

(6) If a food is represented as a food for which a standard of quality has been prescribed by federal regulations or department rules as provided by Section 4-5-6 , and its quality falls below the standard, its label must bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standards.

(7) If a food is represented as a food for which a standard of fill of container has been prescribed by federal regulations or department rules as provided by Section 4-5-6 , and it falls below the applicable standard of fill, its label must bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standard.

(8) (a) Any food for which neither a definition nor standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-6 must bear labeling clearly giving:

(i) the common or usual name of the food, if any; and

(ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each.

(b) To the extent that compliance with the requirements of Subsection (8)(a)(ii) is impractical or results in deception or unfair competition, exemptions shall be established by rules made by the department.

(9) If a food is represented as a food for special dietary uses, its label must bear the information concerning its vitamin, mineral, and other dietary properties as the department by rule prescribes.

(10) If a food bears or contains any artificial flavoring, artificial coloring, or chemical preservatives, its label must state that fact. If compliance with the requirements of this subsection is impracticable, exemptions shall be established by rules made by the department.

(11) The shipping container of any raw agricultural commodity bearing or containing a pesticide chemical applied after harvest must bear labeling which declares the presence of the chemical in or on the commodity and the common or usual name and function of the chemical. The declaration is not required while the commodity, having been removed from the shipping container, is being held or displaced for sale at retail out of the container in accordance with the custom of the trade.

(12) A product intended as an ingredient of another food, when used according to the directions of the purveyor, may not result in the final food product being adulterated or misbranded.

(13) The packaging and labeling of a color additive must be in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the federal act.

(14) Subsections (5), (8), and (10) with respect to artificial coloring do not apply to butter, cheese, or ice cream. Subsection (10) with respect to chemical preservatives does not apply to a pesticide chemical when used in or on a raw agricultural commodity.
    1990

4-5-9 Registration of food establishments - Fee - Suspension and reinstatement of registration - Inspection for compliance.

(1) (a) Pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the department shall establish rules providing for the registration of food establishments to protect public health and ensure a safe food supply.

(b) The owner or operator of a food establishment shall register with the department before operating a food establishment.

(c) Prior to granting a registration to the owner or operator of a food establishment, the department shall inspect and assess the food establishment to determine whether it complies with the rules established under Subsection (1)(a).

(d) An applicant shall register with the department, in writing, using forms required by the department.

(e) The department shall issue a registration to an applicant, if the department determines that the applicant meets the qualifications of registration established under Subsection (1)(a).

(f) If the applicant does not meet the qualifications of registration, the department shall notify the applicant, in writing, that the applicant's registration is denied.

(g) (i) If an applicant submits an incomplete application, a written notice of conditional denial of registration shall be provided to an applicant.

(ii) The applicant must correct the deficiencies within the time period specified in the notice to receive a registration.

(h) (i) The department may, as provided under Subsection 4-2-2 (2), charge the food establishment a registration fee.

(ii) The department shall retain the fees as dedicated credits and shall use the fees to administer the registration of food establishments.

(2) (a) A registration, issued under this section, shall be valid from the date the department issues the registration, to December 31 of the year the registration is issued.

(b) A registration may be renewed for the following year by applying for renewal by December 31 of the year the registration expires.

(3) A registration, issued under this section, shall specify:

(a) the name and address of the food establishment;

(b) the name of the owner or operator of the food establishment; and

(c) the registration issuance and expiration date.

(4) (a) The department may immediately suspend a registration, issued under this section, if any of the conditions of registration have been violated.

(b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the reinstatement of a registration.

(ii) If the department determines that all registration requirements have been met, the department shall reinstate the registration.

(5) (a) A food establishment, registered under this section, shall allow the department to have access to the food establishment to determine if the food establishment is complying with the registration requirements.

(b) If a food establishment denies access for an inspection required under Subsection (5)(a), the department may suspend the food establishment's registration until the department is allowed access to the food establishment's premises.
    2004

4-5-10 Food processed, labeled, or repacked at another location - Exemption from labeling requirements.

(1) The department shall promulgate regulations exempting from any labeling requirement of this act food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under this act upon removal from such processing, labeling or repacking establishment.

(2) Regulations now or hereafter adopted under authority of the federal act relating to such exemptions are automatically effective in this state. However, the department may promulgate additional regulations or amendments to existing regulations concerning exemptions.
    1979

4-5-11 Substances considered unsafe - Authority in department to regulate quantity and use.

(1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, is considered to be unsafe for the purpose of application of Subsection 4-5-7 (1)(b) unless:

(i) there is in effect a rule adopted pursuant to this section or Section 4-5-17 limiting the quantity of the substance; and

(ii) the use or intended use of the substance conforms to the terms prescribed by the rule.

(b) While the rules relating to the substance are in effect, a food may not, by reason of bearing or containing the substance in accordance with the rules, be considered adulterated within the meaning of Subsection 4-5-7 (1)(a).

(2) The department may make rules, which may or may not be in accordance with regulations made under the federal act, prescribing:

(a) tolerances, including zero tolerances, for:

(i) added poisonous or deleterious substances;

(ii) food additives;

(iii) pesticide chemicals in or on raw agricultural commodities; or

(iv) color additives;

(b) exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities; or

(c) conditions under which a food additive or a color additive may be safely used and exemptions when a food additive or color additive may be used solely for investigational or experimental purposes.

(3) The department may make these rules upon its own initiative or upon the petition of any interested party. It is incumbent upon the petitioner to establish by data submitted to the department that the rule is necessary to protect the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether the rule should be made, the department may require additional data to be submitted. Failure to comply with the request is sufficient grounds to deny the request.

(4) In making the rules, the department shall consider, among other relevant factors, the following which the petitioner, if any, shall furnish:

(a) the name and all pertinent information concerning the substance including:

(i) where available;

(ii) its chemical identity and composition;

(iii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions;

(iv) specimens of proposed labeling; and

(v) all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect;

(b) the probable composition of any substance formed in or on a food resulting from the use of the substance;

(c) the probable consumption of the substance in the diet of man and animals, taking into account any chemically or pharmacologically related substance in the diet;

(d) safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

(e) the availability of any needed practicable methods of analysis for determining the identity and quantity of:

(i) the substance in or on food;

(ii) any substance formed in or on food because of the use of the substance; and

(iii) the pure substance and all intermediates and impurities; and

(f) facts supporting a contention that the proposed use of the substance will serve a useful purpose.
    1990

4-5-15 Consumer commodities - Labeling and packaging.

(1) All labels of consumer commodities, as defined by this act, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act and the regulations promulgated pursuant thereto: provided, that consumer commodities exempted from section 4 of the Fair Packaging and Labeling Act shall also be exempt from this subsection.

(2) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each serving.

(3) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Subsection (1), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. Such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

(4) Whenever the department determines that regulations other than those prescribed by Subsection 4-5-15 (1) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate regulations effective to: (a) establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this subsection shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity; (b) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of that package or the quantity of its contents; (c) require that the label on each package of a consumer commodity bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this clause shall be deemed to require that any trade secret be divulged; or (d) prevent the nonfunctional slack-fill of packages containing consumer commodities. For the purposes of clause (d) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package; provided, that the department may adopt any regulations promulgated pursuant to the Fair Packaging and Labeling Act.
    1979

4-5-16 Food advertisement false or misleading.

An advertisement of a food is considered to be false if it is false or misleading in any way.
    1990

4-5-17 Authority to make and enforce regulations.

(1) The authority to promulgate regulations for the efficient enforcement of this act is vested in the department. The department is hereby authorized to make the regulations promulgated under this act conform, in so far as practicable, with those promulgated under the federal act.

(2) Hearings authorized or required by this act shall be conducted by the department or by such officer, agent, or employee as the department may designate for the purpose.

(3) All pesticide chemical regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug and Cosmetic Act are the pesticide chemical regulations in this state. However, the department may adopt a regulation which prescribes tolerance for pesticides in finished foods in this state whether or not in accordance with regulations promulgated under the federal act.

(4) All food additive regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug and Cosmetic Act are the food additive regulations in this state. However, the department may adopt a regulation which prescribes conditions under which a food additive may be used in this state whether or not in accordance with regulations promulgated under the federal act.

(5) All color additive regulations adopted under authority of the Federal Food, Drug and Cosmetic Act are the color additive regulations in this state.

(6) All special dietary use regulations adopted under authority of the Federal Food, Drug and Cosmetic Act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations whether or not in accordance with regulations promulgated under the federal act.

(7) All regulations adopted under the Fair Packaging and Labeling Act shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe package and labeling regulations for consumer commodities, whether or not in accordance with regulations promulgated under the federal act; provided, that no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to section 4 of the Fair Packaging and Labeling Act.

(8) A federal regulation automatically adopted pursuant to this act takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations in publications prescribed by the department. A person who may be adversely affected by a regulation may, within 30 days after a federal regulation is automatically adopted, or within 30 days after publication of any other regulation, file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation.

If no substantial objections are received and no hearing is requested within 30 days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least 60 days after the time for filing objections has expired.

If timely substantial objections are made to a federal regulation within 30 days after it is automatically adopted or to a proposed regulation within 30 days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least 60 days after publication of the order.

(9) Whenever a regulation is promulgated under authority of the Federal Food, Drug and Cosmetic Act establishing standards for food, the tolerances established by the department under this act shall immediately conform to the standards so established by the Federal Food and Drug Administration as herein provided and shall remain the same until such time as the department shall determine that for reasons peculiar to Utah a different regulation should be made to apply.
    1979

4-5-18 Inspection of premises and records - Authority to take samples - Inspection results reported.

(1) An authorized agent of the department upon presenting appropriate credentials to the owner, operator, or agent in charge, may:

(a) enter at reasonable times any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce or after introduction into commerce;

(b) enter any vehicle being used to transport or hold food in commerce;

(c) inspect at reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling located within it;

(d) obtain samples necessary for the enforcement of this chapter so long as the department pays the posted price for the sample if requested to do so and receives a signed receipt from the person from whom the sample is taken;

(e) have access to and copy all records of carriers in commerce showing:

(i) the movement in commerce of any food;

(ii) the holding of food during or after movement in commerce; and

(iii) the quantity, shipper, and consignee of food.

(2) Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence was obtained.

(3) Carriers may not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food in the usual course of business as carriers.

(4) Upon completion of the inspection of a factory, warehouse, consulting laboratory, or other establishment and prior to leaving the premises, the authorized agent making the inspection shall give to the owner, operator, or agent in charge a report in writing setting forth any conditions or practices observed by him which in his judgment indicate that any food in the establishment:

(a) consists in whole or in part of any filthy, putrid, or decomposed substance; or

(b) has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(5) A copy of the report must be sent promptly to the department.

(6) If the authorized agent making the inspection of a factory, warehouse, or other establishment has obtained any sample in the course of the inspection, the agent shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

(7) When in the course of the inspection the officer or employee making the inspection obtains a sample of any food and an analysis is made of the sample for the purpose of ascertaining whether the food consists in whole or in part of any filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis must be furnished promptly to the owner, operator, or agent in charge.
    1990

4-5-19 Publication of reports and information.

(1) The department shall publish reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and its disposition.

(2) The department shall disseminate information regarding food which it considers necessary in the interest of public health and for the protection of consumers against fraud. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of investigations made by it.
    1990

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