Representative Marc K. Roberts proposes the following substitute bill:




Chief Sponsor: Marc K. Roberts

Senate Sponsor: ____________


8     General Description:
9          This bill modifies Title 4, Utah Agricultural Code, by enacting the Food Freedom Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     states that a producer is exempt from certain state, county, or city regulations
14     regarding the preparation, serving, use, consumption, or storage of certain food and
15     food products that are:
16               •     produced and sold within the state;
17               •     sold directly to an informed end consumer; and
18               •     for home consumption;
19          ▸     states that a producer is not required to eliminate the inherent risks of consumption
20     of food that is not certified, licensed, regulated, or inspected by the state; and
21          ▸     exempts most meat products from the Food Freedom Act.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     ENACTS:
28          4-5a-101, Utah Code Annotated 1953
29          4-5a-102, Utah Code Annotated 1953
30          4-5a-103, Utah Code Annotated 1953
31          4-5a-104, Utah Code Annotated 1953
32          4-5a-105, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 4-5a-101 is enacted to read:

37          4-5a-101. Title.
38          This chapter is known as the "Food Freedom Act."
39          Section 2. Section 4-5a-102 is enacted to read:
40          4-5a-102. Definitions.
41          (1) (a) "Commercial establishment" means a wholesale or retail business that displays,
42     sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics.
43          (b) "Commercial establishment" does not include a:
44          (i) direct-to-sale location; or
45          (ii) farmers market.
46          (2) "Direct-to-sale location" means a farm, ranch, farmers market, home, office, or any
47     location agreed upon by both a producer and the informed end consumer where a producer sells
48     a food or food product to an informed end consumer.
49          (3) "Farmers market" means a public or private facility or area where producers gather
50     on a regular basis to sell fresh food, locally grown products, and other food items directly to a
51     consumer.
52          (4) "Food product" means a substance that can be used, or prepared for use, as food.
53          (5) "Home consumption" means the use or ingestion of food or a food product within a
54     private home by a family member, an employee, or a nonpaying guest.
55          (6) "Informed end consumer" means an individual who:
56          (a) is the last individual to purchase a product;

57          (b) does not resell the product; and
58          (c) has been informed that the product is not certified, licensed, regulated, or inspected
59     by the state.
60          (7) "Producer" means a person who harvests or produces food or a food product.
61          Section 3. Section 4-5a-103 is enacted to read:
62          4-5a-103. Farmer-to-consumer direct sales -- Exempt from regulation.
63          (1) A producer is exempt from state, county, or city licensing, permitting, certification,
64     inspection, packaging, and labeling requirements, except as described in Subsections (2) and
65     (5), related to the preparation, serving, use, consumption, or storage of food and food products
66     if:
67          (a) complies with the requirements of this chapter; and
68          (b) the food or food product is:
69          (i) produced and sold within the state;
70          (ii) sold directly to an informed end consumer; and
71          (iii) for home consumption.
72          (2) Food or food products, other than raw produce, sold under this section shall be
73     labeled with:
74          (a) the producer's name and address; and
75          (b) a disclosure statement indicating that the product is:
76          (i) not for resale; and
77          (ii) processed and prepared without state or local inspection.
78          (3) A producer selling food or food products under this section shall obtain a temporary
79     or official food handler certificate before selling a food or food product to an informed end
80     consumer.
81          (4) Food and food products exempt under this chapter may not be sold to, or used by, a
82     restaurant or commercial establishment.
83          (5) A producer selling food or food products exempt under this section shall, before
84     purchase, state to the informed end consumer that the food or food product is not certified,
85     licensed, regulated, or inspected by the state.
86          Section 4. Section 4-5a-104 is enacted to read:
87          4-5a-104. Limitations.

88          Nothing in this chapter:
89          (1) shall be construed to impede the Department of Health in an investigation of food
90     borne illness;
91          (2) prohibits a state agency from providing assistance, consulting, or inspecting when
92     requested by a producer;
93          (3) affects the registration of cottage food production operations as food
94     establishments; or
95          (4) affects the authority of the Department of Health or the Department of Agriculture
96     and Food to certify, license, regulate, or inspect food or food products that are not exempt from
97     certification, licensing, regulation, or inspection under this chapter.
98          Section 5. Section 4-5a-105 is enacted to read:
99          4-5a-105. Meat exempted.
100          This chapter does not apply to any meat, wild game, wild fish, or poultry, except the
101     sale of poultry and poultry products consistent with this chapter and federal code 9 C.F.R.
102     381.10.