This document includes House Committee Amendments incorporated into the bill on Tue, Mar 3, 2015 at 11:35 AM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 10, 2015 at 6:25 PM by cmillar.
Representative Marc K. Roberts proposes the following substitute bill:




Chief Sponsor: Marc K. Roberts

Senate Sponsor: Mark B. Madsen


8     General Description:
9          This bill modifies the Utah Dairy Act by removing a prohibition on cow-sharing
10     programs.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies definitions;
14          ▸     removes the prohibition on owning, operating, organizing, or otherwise
15     participating in a cow-share program where the milk producing hoofed animal is
16     located in Utah;
17          ▸     states that the Utah Dairy Act does not apply to milk or milk products produced on
18     the farm if the milk or milk products are consumed by participants in a cow-share
19     program;
20          ▸     states that the Department of Agriculture and Food may not adopt rules restricting
21     an individual's ability to transfer or obtain:
22               •     raw milk in accordance with the terms of a cow-share agreement; or
23               •     an interest in a cow-share program in accordance with the terms of the
24     cow-share program agreement; and
25          ▸     makes technical changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          4-3-1, as last amended by Laws of Utah 2007, Chapters 165 and 179
33          4-3-10, as last amended by Laws of Utah 2007, Chapters 165 and 179
34          4-3-13, as enacted by Laws of Utah 1979, Chapter 2
35     ENACTS:
36          4-3-1.3, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 4-3-1 is amended to read:
40          4-3-1. Definitions.
41          As used in this chapter:
42          (1) "Adulterated" means any dairy product that:
43          (a) contains any poisonous or deleterious substance that may render it injurious to
44     health;
45          (b) has been produced, prepared, packaged, or held:
46          (i) under unsanitary conditions;
47          (ii) where it may have become contaminated; or
48          (iii) where it may have become diseased or injurious to health;
49          (c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
50          (d) contains:
51          (i) any filthy, putrid, or decomposed substance;
52          (ii) fresh fluid milk with a lactic acid level at or above .0018; or
53          (iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human
54     food;
55          (e) is the product of:
56          (i) a diseased animal;

57          (ii) an animal that died otherwise than by slaughter; or
58          (iii) an animal fed upon uncooked offal;
59          (f) has intentionally been subjected to radiation, unless the use of the radiation is in
60     conformity with a rule or exemption promulgated by the department; or
61          (g) (i) has any valuable constituent omitted or abstracted;
62          (ii) has any substance substituted in whole or in part;
63          (iii) has damage or inferiority concealed in any manner; or
64          (iv) has any substance added, mixed, or packed with the product to:
65          (A) increase its bulk or weight;
66          (B) reduce its quality or strength; or
67          (C) make it appear better or of greater value.
68          (2) "Cow-share program" means a program in which a person acquires an undivided
69     interest in a milk producing hoofed mammal through an agreement with a producer that
70     includes:
71          (a) a bill of sale for an interest in the mammal;
72          (b) a boarding arrangement under which the person boards the mammal with the
73     producer for the care and milking of the mammal and the boarding arrangement and bill of sale
74     documents remain with the program operator; [and]
75          (c) an arrangement under which the person receives raw milk for personal
76     [consumption.] use not to be sold or distributed Ĥ→ Ŝ→ [
[] in a retail environment []] ←Ŝ
76a      Ŝ→ or ←Ŝ for profit ←Ĥ ; and
77          (d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
78          (3) "Dairy product" means any product derived from raw or pasteurized milk.
79          (4) "Distributor" means any person who distributes a dairy product.
80          (5) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed,
81     evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat
82     added, blended, or compounded with it so that the resultant product is an imitation or
83     semblance of milk, cream, or skimmed milk.
84          (b) "Filled milk" does not include any distinctive proprietary food compound:
85          (i) that is prepared and designated for feeding infants and young children, which is
86     customarily used upon the order of a licensed physician;
87          (ii) whose product name and label does not contain the word "milk"; and

88          (iii) whose label conforms with the food labeling requirements.
89          (6) "Frozen dairy products" mean dairy products normally served to the consumer in a
90     frozen or semifrozen state.
91          (7) "Grade A milk," "grade A milk products," and "milk" have the same meaning that
92     is accorded the terms in the federal standards for grade A milk and grade A milk products
93     unless modified by rules of the department.
94          (8) "License" means a document allowing a person or plant to process, manufacture,
95     supply, test, haul, or pasteurize milk or milk products or conduct other activity specified by the
96     license.
97          (9) "Manufacturer" means any person who processes milk in a way that changes the
98     milk's character.
99          (10) "Manufacturing milk" means milk used in the production of non-grade A dairy
100     products.
101          (11) "Misbranded" means:
102          (a) any dairy product whose label is false or misleading in any particular, or whose
103     label or package fails to conform to any federal regulation adopted by the department that
104     pertains to packaging and labeling;
105          (b) any dairy product in final packaged form manufactured in this state that does not
106     bear:
107          (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
108     applicable;
109          (ii) a clear statement of the product's common or usual name, quantity, and ingredients,
110     if applicable; and
111          (iii) any other information required by rule of the department;
112          (c) any butter in consumer package form that is not at least B grade, or that does not
113     meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
114          (d) any imitation butter made in whole or in part from material other than wholesome
115     milk or cream, except clearly labeled "margarine";
116          (e) renovated butter unless the words "renovated butter," in letters not less than
117     1/2-inch in height appear on each package, roll, square, or container of such butter; or
118          (f) any dairy product in final packaged form that makes nutritional claims or adds or

119     adjusts nutrients that are not so labeled.
120          (12) "Pasteurization" means any process that renders dairy products practically free of
121     disease organisms and is accepted by federal standards.
122          (13) "Permit or certificate" means a document allowing a person to market milk.
123          (14) "Plant" means any facility where milk is processed or manufactured.
124          (15) "Processor" means any person who subjects milk to a process.
125          (16) "Producer" means a person who owns a cow or other milk producing hoofed
126     mammal that produces milk for consumption by persons other than the producer's family,
127     employees, or nonpaying guests.
128          (17) "Raw milk" means unpasteurized milk.
129          (18) "Renovated butter" means butter that is reduced to a liquid state by melting and
130     drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
131     with milk or any product of milk.
132          (19) "Retailer" means any person who sells or distributes dairy products directly to the
133     consumer.
134          Section 2. Section 4-3-1.3 is enacted to read:
135          4-3-1.3. Cow share program notification.
136          (1) A producer who is in a cow-share program, as defined in Section 4-3-1, shall notify
137     the department of the cow-share program and include in the notification:
138          (a) the producer's name; and
139          (b) a valid, current address of the farm on which the milk producing hoofed mammal in
140     the cow-share program is located.
141          (2) Upon receipt, the department shall keep a notification of a cow-share program
142     described in Subsection (1) on file.
143          Section 3. Section 4-3-10 is amended to read:
144          4-3-10. Unlawful acts specified.
145          It is unlawful for any person in this state to:
146          (1) operate a plant without a license issued by the department;
147          (2) market milk without a permit or certificate issued by the department;
148          (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
149     in bulk without a special license to perform the particular activity designated in this Subsection

150     (3); unless if more than one person working in a plant is engaged in the performance of a single
151     activity designated in this Subsection (3), the person who directs the activity is licensed;
152          (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
153     misbranded dairy product;
154          (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
155     without a license, permit, or certificate required by this chapter;
156          (6) sell or offer for sale any milk not intended for human consumption unless it is
157     denatured or decharacterized in accordance with the rules of the department;
158          (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
159     dairy product;
160          (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious
161     diseases communicable to humans in any place where they may come in contact with cows or
162     other milking animals;
163          (9) draw milk for human food from cows or other milking animals that are infected
164     with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
165     will produce milk that is adulterated;
166          (10) accept or process milk from any producer without verification that the producer
167     holds a valid permit or certification or, if milk is accepted from out of the state, without
168     verification that the producer holds a permit or certification from the appropriate regulatory
169     agency of that state;
170          (11) use any contaminated or unclean equipment or container to process, manufacture,
171     distribute, deliver, or sell a dairy product;
172          (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
173     equipment, tank, or container by the department except to clean and sanitize it;
174          (13) use any tank or container used for the transportation of milk or other dairy
175     products that is unclean or contaminated;
176          (14) refuse to allow the department to take samples for testing; or
177          (15) prohibit adding vitamin compounds in the processing of milk and dairy products
178     in accordance with rules of the department[; or].
179          [(16) own, operate, organize, or otherwise participate in a cow-share program where
180     the milk producing hoofed mammal is located in Utah.]

181          Section 4. Section 4-3-13 is amended to read:
182          4-3-13. Exemption.
183          (1) This chapter [is inapplicable] does not apply to milk or milk products produced on
184     the farm if such milk or milk products are [consumed] used by:
185          (a) the owner of the farm [or];
186          (b) a member of the [members of such] owner's immediate family[.];
187          (c) a participant in a cow-share program; or
188          (d) a member of a participant in a cow-share program's immediate family.
189          (2) The department may not adopt a rule that restricts, limits, or imposes additional
190     requirements on an individual obtaining:
191          (a) raw milk in accordance with the terms of a cow-share program agreement; or
192          (b) an interest in a cow-share program in accordance with the terms of the cow-share
193     program agreement.