H.B. 86

1

RAW MILK MARKETING AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bill Wright
5 AN ACT RELATING TO AGRICULTURE; PROVIDING CONDITIONS FOR THE SALE OF
6 RAW MILK AND RAW MILK PRODUCTS; AND MAKING TECHNICAL
7 AMENDMENTS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 4-3-14, as last amended by Chapter 1, Laws of Utah 1980
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 4-3-14 is amended to read:
13 4-3-14. Sale of raw milk and raw milk products -- Suspension of producer's permit.
14 (1) [The sale of raw] Raw milk [is prohibited unless] or a raw milk product may be sold
15 if:
16 (a) the producer [holds] obtains a permit [issued by] from the department;
17 [(b) the sale and delivery of the milk is made upon the premises where the milk is
18 produced;]
19 h [ [(c) the sale] (b) it is sold to consumers for household use and not for resale; ] h
20 [(d) the milk] h [ (c) ] (b) h it is h [ bottled ] PLACED IN SANITARY CONTAINERS h
20a [or otherwise contained] on the premises where the milk is
21 produced;
22 h [(d) ] (c) h it is produced in sanitary containers [furnished by the producer] under sanitary
23 conditions[,];
24 h [(e) ] (d) h it is labeled "raw milk," and meets the other labeling and coding requirements
25 established by the department pursuant to Subsection (2);
26 [(e) the milk is cooled to 50 degrees or lower Fahrenheit within one hour after being drawn
27 from the cow and maintained at such temperature until delivered to the consumer;]

lilac-February 27, 1997

1 [(f) the bacterial plate count of the milk does not exceed 20,000 per c.c. or the direct
2 microscopic count of which does not exceed 20,000 per c.c. if individual colonies are counted, or
3 80,000 per c.c. if individual organisms are counted and meets the coliform count, and bacterial and
4 coliform enforcement standards for grade A pasteurized milk;]
5 [(g)] h [ (f) ] (e) h the production h , HANDLING, OR SALE h of [the] raw milk or a raw
5a milk product conforms [in all other
6 particulars to state law] to requirements under this title and departmental [regulations] rules for the
7 production h , HANDLING, OR SALE h of grade A milk;
8 [(h)] h [ (g) ] (f) h all dairy animals on the premises [are identified by a mark or breed
8a registration
9 papers and] are free of tuberculosis, brucellosis, and other diseases carried through milk; and
10 [(i)] h [(h) ] (g) h all persons on the premises performing any work in connection with the
11 production, bottling, handling, or sale of the raw milk are free from communicable disease.
12 (2) The department may make rules governing:
13 (a) labeling requirements; and
14 (b) coding dates and information.
15 (3) (a) Tests for bacteria, coliform, drug residue, and abnormal milk shall be the same as
16 those required for Grade A milk.
17 (b) Tests for specific pathogens may be conducted if considered necessary by the
18 department.
19 [(2) If] (4) The producer's permit may be suspended if the department finds that the
20 production, handling, or sale of milk [or the bacteria counts violate those allowed by] violates a
21 provision of this section[, or that the health of any person or dairy animal offends this section, the
22 permit of such raw milk producer shall be suspended until such time as compliance is had with this
23 section].




Legislative Review Note
as of 12-5-96 7:25 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

lilac-February 27, 1997

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