4-32-7. Mandatory functions, powers, and duties of department prescribed.
The department shall make rules pursuant to Title 63G, Chapter 3, 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 (6)(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 (6)(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.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009