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.
Amended by Chapter 144, 1990 General Session
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Last revised: Thursday, May 28, 2009