1     
AGRICULTURAL EXEMPTION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to agriculture and livestock.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the duties of the state veterinarian;
13          ▸     modifies definitions;
14          ▸     enacts provisions related to certain animal enclosures and fences; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          4-2-402, as enacted by Laws of Utah 2014, Chapter 41
23          4-7-3, as last amended by Laws of Utah 2011, Chapter 383
24          4-32-3, as last amended by Laws of Utah 2011, Chapter 383
25          4-32-7, as last amended by Laws of Utah 2010, Chapters 242, 324, and 378
26     ENACTS:
27          4-26-104, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 4-2-402 is amended to read:
31          4-2-402. State veterinarian responsibilities.
32          (1) The state veterinarian shall:
33          (a) [direct] coordinate the department's responsibilities for:
34          (i) the promotion of animal health;
35          (ii) the diagnosis, surveillance, and prevention of animal disease; and
36          [(iii) the inspection of meat and poultry; and]
37          [(iv)] (iii) livestock brand registration and inspection; [and]
38          (b) aid the meat inspection manager, whose duties are specified by the commissioner,
39     in the direction of the inspection of meat and poultry; and
40          [(b)] (c) perform other official duties assigned by the commissioner.
41          (2) The state veterinarian may not receive compensation for services provided while
42     engaging in the private practice of veterinary medicine.
43          (3) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28,
44     Veterinary Practice Act.
45          Section 2. Section 4-7-3 is amended to read:
46          4-7-3. Definitions.
47          As used in this chapter:
48          (1) "Agent" or "broker" means a person who, on behalf of a dealer, purchaser, or
49     livestock market, as defined in Section 4-30-1, solicits or negotiates the consignment or
50     purchase of livestock.
51          (2) "Consignor" means a person who ships or delivers livestock to a dealer for handling
52     or sale.
53          (3) (a) "Dealer" means a person who:
54          (i) receives livestock from a person for sale on commission; [and]
55          (ii) is entrusted with the possession, management, control, or disposal of livestock for
56     the account of that person[.]; and
57          (iii) negotiates price, determines a delivery date, and receives money on behalf of a
58     livestock producer.
59          (b) "Dealer" includes a livestock dealer.
60          (c) "Dealer" includes a person who owns or leases a feedlot.
61          (4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
62          (b) "Immediate resale" does not include the resale of livestock culled within 60 days
63     that were purchased for feeding or replacement.
64          (5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, and
65     domesticated elk as defined in Section 4-39-102.
66          (6) "Livestock dealer" means a person engaged in the business of purchasing livestock
67     for immediate resale or interstate shipment for immediate resale.
68          (7) "Producer" means a person who is primarily engaged in the business of raising
69     livestock for profit.
70          Section 3. Section 4-26-104 is enacted to read:
71          4-26-104. Fencing for bison.
72          Perimeter fencing intended to hold bison shall meet the following minimum standards:
73          (1) fence sections and gates shall:
74          (a) reach a height of at least six feet above ground level; and
75          (b) be constructed in a mesh pattern consisting of:
76          (i) hi-tensile steel wire of at least 14-1/2 gauge;
77          (ii) a maximum mesh size of six inches by six inches; or
78          (iii) a material with the strength equivalent of the material described in Subsections
79     (1)(b)(i) and (ii);
80          (2) fence posts shall:
81          (a) (i) be constructed of treated wood at least four inches in diameter; and
82          (ii) be constructed of a material with the strength equivalent of the material described
83     in Subsection 2(a)(i);
84          (b) reach a height of at least six feet, two inches above ground level;
85          (c) have at least two feet of length below ground level;
86          (d) be installed at intervals of no more than 20 feet; and
87          (e) if located on a corner or connected to a gate, braced with wood or the strength
88     equivalent of wood; and
89          (3) fence stays shall:
90          (a) be constructed of treated wood or steel;
91          (b) be installed at intervals of no more than 10 feet from any fence post; and
92          (c) reach a height of at least six feet, two inches above ground level.
93          Section 4. Section 4-32-3 is amended to read:
94          4-32-3. Definitions.
95          As used in this chapter:
96          (1) "Adulterated" means any meat or poultry product that:
97          (a) bears or contains any poisonous or deleterious substance that may render it
98     injurious to health, but, if the substance is not an added substance, the meat or poultry product
99     is not considered adulterated under this subsection if the quantity of the substance in or on the
100     meat or poultry product does not ordinarily render it injurious to health;
101          (b) bears or contains, by reason of the administration of any substance to the animal or
102     otherwise, any added poisonous or added deleterious substance that in the judgment of the
103     commissioner makes the meat or poultry product unfit for human food;
104          (c) contains, in whole or in part, a raw agricultural commodity and that commodity
105     bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
106     346a;
107          (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
108     Sec. 348;
109          (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
110     Sec. 379e; provided, that a meat or poultry product that is not otherwise considered adulterated
111     under Subsection (1)(c) or (d) of this section is considered adulterated if use of the pesticide
112     chemical, food additive, or color additive is prohibited in official establishments by federal
113     law, regulation, or standard;
114          (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
115     any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
116          (g) has been prepared, packaged, or held under unsanitary conditions if the meat or
117     poultry product may have become contaminated with filth, or if it may have been rendered
118     injurious to health;
119          (h) is in whole or in part the product of an animal that died other than by slaughter;
120          (i) is contained in a container that is composed, in whole or in part, of any poisonous or
121     deleterious substance that may render the meat or poultry product injurious to health;
122          (j) has been intentionally subjected to radiation, unless the use of the radiation
123     conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
124          (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
125     if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
126     or packed with the meat or poultry product to increase its bulk or weight, or reduce its quality
127     or strength, or to make it appear better or of greater value; or
128          (l) is margarine containing animal fat and any of the raw material used in the margarine
129     consists in whole or in part of any filthy, putrid, or decomposed substance.
130          (2) "Animal" means a domesticated or captive mammalian or avian species.
131          (3) "Animal food manufacturer" means any person engaged in the business of
132     preparing animal food derived from animal carcasses or parts or products of the carcasses.
133          (4) "Ante mortem inspection" means an inspection of a live animal immediately before
134     slaughter.
135          (5) "Broker" means any person engaged in the business of buying and selling meat or
136     poultry products other than for the person's own account.
137          (6) "Capable of use as human food" means any animal carcass, or part or product of a
138     carcass, unless it is denatured or otherwise identified as required by rules of the department to
139     deter its use as human food.
140          (7) "Commissioner" includes a person authorized by the commissioner to carry out this
141     chapter's provisions.
142          (8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,
143     wrapper, or cover.
144          (9) "Custom exempt processing" means processing meat or wild game as a service for
145     the person who owns the meat or wild game and uses the meat and meat food products for the
146     person's own consumption, including consumption by immediate family members and
147     non-paying guests.
148          (10) "Custom exempt slaughter":
149          (a) means slaughtering an animal as a service for the person who owns the animal and
150     uses the meat and meat products for the person's own consumption, including consumption by
151     immediate family members and non-paying guests; and
152          (b) includes farm custom slaughter.
153          [(11) "Director of meat inspection" means a licensed graduate veterinarian whose
154     duties and responsibilities are specified by the commissioner.]
155          [(12)] (11) "Diseased animal":
156          (a) means an animal that:
157          (i) is diagnosed with a disease not known to be cured; or
158          (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
159          (b) does not include an otherwise healthy animal that suffers only from injuries such as
160     fractures, cuts, or bruises.
161          [(14)] (12) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that
162     is used by a farm custom slaughter licensee to slaughter animals.
163          (13) "Farm custom slaughter" means custom exempt slaughtering of an animal for an
164     owner without inspection.
165          [(15)] (14) "Farm custom slaughter license" means a license issued by the department
166     to allow farm custom slaughter.
167          [(16)] (15) "Farm custom slaughter tag" means a tag that specifies the animal's
168     identification and certifies its ownership, which is issued by the department through a brand
169     inspector to the owner of the animal before it is slaughtered.
170          [(17)] (16) "Federal acts" means:
171          (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
172          (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
173          (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.
174          [(18)] (17) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved
175     June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to it.
176          [(19)] (18) "Immediate container" means any consumer package, or any other container
177     in which meat or poultry products not consumer packaged, are packed.
178          [(20)] (19) "Inspector" means a licensed veterinarian or competent lay person working
179     under the supervision of a licensed graduate veterinarian.
180          [(21)] (20) "Label" means a display of printed or graphic matter upon any meat or
181     poultry product or the immediate container, not including package liners, of any such product.
182          [(22)] (21) "Labeling" means all labels and other printed or graphic matter:
183          (a) upon any meat or poultry product or any of its containers or wrappers; or
184          (b) accompanying a meat or poultry product.
185          [(23)] (22) "Licensee" means a person who holds a valid farm custom slaughter
186     license.
187          [(24)] (23) "Meat" means the edible muscle and other edible parts of an animal,
188     including edible:
189          (a) skeletal muscle;
190          (b) organs;
191          (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
192          (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
193     not ordinarily removed in processing.
194          [(25)] (24) "Meat establishment" means a plant or fixed premises used to:
195          (a) slaughter animals for human consumption; or
196          (b) process meat or poultry products for human consumption.
197          [(26)] (25) "Meat product" means any product capable of use as human food that is
198     made wholly or in part from any meat or other part of the carcass of any non-avian animal.
199          [(27)] (26) "Misbranded" means any meat or poultry product that:
200          (a) bears a label that is false or misleading in any particular;
201          (b) is offered for sale under the name of another food;
202          (c) is an imitation of another food, unless the label bears, in type of uniform size and
203     prominence, the word "imitation" followed by the name of the food imitated;
204          (d) if its container is so made, formed, or filled as to be misleading;
205          (e) does not bear a label showing:
206          (i) the name and place of business of the manufacturer, packer, or distributor; and
207          (ii) an accurate statement of the quantity of the product in terms of weight, measure, or
208     numerical count; provided, that under this Subsection [(27)] (26)(e), exemptions as to meat and
209     poultry products not in containers may be established by rules of the department and that under
210     this Subsection [(27)] (26)(e)(ii), reasonable variations may be permitted, and exemptions for
211     small packages may be established for meat or poultry products by rule of the department;
212          (f) does not bear any word, statement, or other information required by or under
213     authority of this chapter to appear on the label or other labeling is not prominently placed with
214     such conspicuousness, as compared with other words, statements, designs, or devices, in the
215     labeling, and in such terms as to render it likely to be read and understood by the ordinary
216     individual under customary conditions of purchase and use;
217          (g) is a food for which a definition and standard of identity or composition has been
218     prescribed by rules of the department under Section 4-32-7 if the food does not conform to the
219     definition and standard and the label does not bear the name of the food and any other
220     information that is required by the rule;
221          (h) is a food for which a standard of fill has been prescribed by rule of the department
222     for the container and the actual fill of the container falls below that prescribed unless its label
223     bears, in a manner and form as the rule specifies, a statement that it falls below the standard;
224          (i) is a food for which no standard or definition of identity has been prescribed under
225     Subsection [(27)] (26)(g) unless its label bears:
226          (i) the common or usual name of the food, if there be any; and
227          (ii) if it is fabricated from two or more ingredients, the common or usual name of each
228     such ingredient; except that spices, flavorings, and colorings may, when authorized by the
229     department, be designated as spices, flavorings, and colorings without naming each; provided,
230     that to the extent that compliance with the requirements of this Subsection [(27)] (26)(i)(ii) is
231     impracticable, or results in deception or unfair competition, exemptions shall be established by
232     rule;
233          (j) is a food that purports to be or is represented to be for special dietary uses, unless its
234     label bears information concerning its vitamin, mineral, and other dietary properties as the
235     department, after consultation with the Secretary of Agriculture of the United States, prescribes
236     by rules as necessary to inform purchasers as to its value for special dietary uses;
237          (k) bears or contains any artificial flavoring, artificial coloring, or chemical
238     preservative, unless it bears labeling stating that fact; provided, that to the extent that
239     compliance with the requirements of this subsection are impracticable, exemptions shall be
240     prescribed by rules of the department; or
241          (l) does not bear directly thereon and on its containers, as the department may prescribe
242     by rule, the official inspection legend and establishment number of the official establishment
243     where the product was prepared, and, unrestricted by any of the foregoing, other information as
244     the department may require by rule to assure that the meat or poultry product will not have
245     false or misleading labeling and that the public will be informed of the manner of handling
246     required to maintain it in a wholesome condition.
247          [(28)] (27) "Official certificate" means any certificate prescribed by rules of the
248     department for issuance by an inspector or other person performing official functions under this
249     chapter.
250          [(29)] (28) "Official device" means any device prescribed or authorized by the
251     commissioner for use in applying any official mark.
252          [(30)] (29) "Official establishment" means any establishment at which inspection of the
253     slaughter of animals or the preparation of meat or poultry products is maintained under the
254     authority of this chapter.
255          [(31)] (30) "Official inspection legend" means any symbol prescribed by rules of the
256     department showing that a meat or poultry product was inspected and passed in accordance
257     with this chapter.
258          [(32)] (31) "Official mark" means the official legend or any other symbol prescribed by
259     rules of the department to identify the status of any animal carcass or meat or poultry product
260     under this chapter.
261          [(33)] (32) "Pesticide chemical," "food additive," "color additive," and "raw
262     agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
263     them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
264          [(34)] (33) "Post mortem inspection" means an inspection of a slaughtered food
265     animal's carcass after slaughter.
266          [(35)] (34) "Poultry" means any domesticated bird, whether living or dead.
267          [(36)] (35) "Poultry product" means any product capable of use as human food that is
268     made wholly or in part from any poultry carcass, excepting products that contain poultry
269     ingredients in relatively small proportion or that historically have not been considered by
270     consumers as products of the poultry food industry, and that are exempted from definition as a
271     poultry product by the commissioner.
272          [(37)] (36) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut
273     up, or otherwise manufactured or processed.
274          [(38)] (37) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or
275     prepare meat or poultry products.
276          [(39)] (38) "Renderer" means any person engaged in the business of rendering animal
277     carcasses, or parts or products of animal carcasses, except rendering conducted under
278     inspection or exemption under this chapter.
279          [(40)] (39) "Slaughter" means:
280          (a) the killing of an animal in a humane manner including skinning or dressing; or
281          (b) the process of performing any of the specified acts in preparing an animal for
282     human consumption.
283          [(41)] (40) "Wild game" means an animal, the products of which are food that is not
284     classified as a domesticated food animal, captive game animal, or captive game bird, including
285     the following when not domesticated:
286          (a) deer;
287          (b) elk;
288          (c) antelope;
289          (d) moose;
290          (e) bison;
291          (f) bear;
292          (g) rabbit;
293          (h) squirrel;
294          (i) raccoon; and
295          (j) birds.
296          Section 5. Section 4-32-7 is amended to read:
297          4-32-7. Mandatory functions, powers, and duties of department prescribed.
298          The department shall make rules pursuant to Title 63G, Chapter 3, Utah Administrative
299     Rulemaking Act, concerning the following functions, powers, and duties, in addition to those
300     specified in Chapter 1, Short Title and General Provisions, for the administration and
301     enforcement of this chapter:
302          (1) The department shall require antemortem and postmortem inspections, quarantine,
303     segregation, and reinspections by inspectors appointed for those purposes with respect to the
304     slaughter of animals and the preparation of meat and poultry products at official
305     establishments, except as provided in Subsection 4-32-8(13).
306          (2) The department shall require that:
307          (a) animals be identified for inspection purposes;
308          (b) meat or poultry products, or their containers be marked or labeled as:
309          (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
310     unadulterated; and
311          (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
312     adulterated; and
313          (c) condemned animal carcasses or products, which otherwise would be used for
314     human consumption, be destroyed under the supervision of an inspector.
315          (3) The department shall prohibit or limit meat products, poultry products, or other
316     materials not prepared under inspection procedures provided in this chapter, from being
317     brought into official establishments.
318          (4) The department shall require that labels and containers for meat and poultry
319     products:
320          (a) bear all information required by Section [4-32-3] 4-32-13 if the product leaves the
321     official establishment; and
322          (b) be approved before sale or transportation.
323          (5) For official establishments required to be inspected under Subsection (1), the
324     department shall:
325          (a) prescribe sanitary standards;
326          (b) require sanitary inspections; and
327          (c) refuse to provide inspection service if the sanitary conditions allow adulteration of
328     any meat or poultry product.
329          (6) (a) The department shall require that any person engaged in a business referred to in
330     Subsection (6)(b):
331          (i) keep accurate records disclosing all pertinent business transactions;
332          (ii) allow inspection of the business premises at reasonable times and examination of
333     inventory, records, and facilities; and
334          (iii) allow samples to be taken.
335          (b) Subsection (6)(a) applies to any person who:
336          (i) slaughters animals;
337          (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or
338     poultry products for human or animal consumption;
339          (iii) renders animals; or
340          (iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of
341     their carcasses that died by a method other than slaughter.
342          (7) (a) The department shall:
343          (i) adopt by reference rules and regulations under federal acts with changes that the
344     commissioner considers appropriate to make the rules and regulations applicable to operations
345     and transactions subject to this chapter; and
346          (ii) promulgate any other rules considered necessary for the efficient execution of the
347     provisions of this chapter, including rules of practice providing an opportunity for hearing in
348     connection with the issuance of orders under Subsection (5) or under Subsection 4-32-8(1), (2),
349     or (3) and prescribing procedures for proceedings in these cases.
350          (b) These procedures do not preclude requiring that a label or container be withheld
351     from use, or inspection be refused under Subsections (1) and (5), or Subsection 4-32-8(3),
352     pending issuance of a final order in the proceeding.
353          (8) (a) To prevent the inhumane slaughtering of animals, inspectors shall be appointed
354     to examine and inspect methods of handling and slaughtering animals.
355          (b) Inspection of slaughtering establishments may be refused or temporarily suspended
356     if animals have been slaughtered or handled by any method not in accordance with the Humane
357     Methods of Slaughter Act of 1978, [Public Law] Pub. L. No. 95-445.
358          (c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or
359     a religious faith's requirements that discourage stunning of the animal, the person slaughtering
360     the animal shall file a written request with the commissioner.
361          (9) (a) The department shall require an animal showing symptoms of disease during
362     antemortem inspection, performed by an inspector appointed for that purpose, to be set apart
363     and slaughtered separately from other livestock and poultry.
364          (b) When slaughtered, the carcasses of livestock and poultry are subject to careful
365     examination and inspection in accordance with rules prescribed by the commissioner.
366