Representative Marc K. Roberts proposes the following substitute bill:




Chief Sponsor: Marc K. Roberts

Senate Sponsor: Daniel Hemmert

6     Cosponsors:
7     Kim F. Coleman
8     Brian M. Greene
Ken Ivory
A. Cory Maloy
Michael E. Noel
Jeremy A. Peterson

11     General Description:
12          This bill modifies Title 4, Utah Agricultural Code.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms; and
16          ▸     states that home-based producers may be exempt from certain state, county, or city
17     regulations regarding the preparation, serving, use, consumption, or storage of food
18     and food products that are:
19               •     produced and sold within the state;
20               •     sold directly to an informed final consumer; and
21               •     for home consumption.
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 "Home Consumption and Homemade Food Act."
39          Section 2. Section 4-5a-102 is enacted to read:
40          4-5a-102. Definitions.
41          For purposes of this chapter:
42          (1) (a) "Commercial establishment" means a wholesale or retail business that displays,
43     sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics.
44          (b) "Commercial establishment" does not include a:
45          (i) direct-to-sale location; or
46          (ii) direct-to-sale farmers market.
47          (2) "Direct-to-sale farmers market" means a public or private facility or area where
48     producers gather on a regular basis to sell directly to an informed final consumer fresh food,
49     locally grown products, and other food items that have not been certified, licensed, regulated,
50     or inspected by state or local authorities.
51          (3) "Direct-to-sale location" means a farm, ranch, direct-to-sale farmers market, home,
52     office, or any location agreed upon by both a producer and the informed final consumer where
53     a producer sells a food or food product to an informed final consumer.
54          (4) "Home consumption" means the use or ingestion of homemade food or a
55     homemade food product within a private home by a family member, an employee, or a

56     nonpaying guest.
57          (5) "Homemade food product" means a food product that is prepared in a private home
58     kitchen that can be used, or prepared for use, as food or nonalcoholic drink, subject to the
59     limitation described in Subsection 4-5a-105(1).
60          (6) "Informed final consumer" means an individual who:
61          (a) purchases the product directly from the producer;
62          (b) does not resell the product; and
63          (c) has been informed that the product is not certified, licensed, regulated, or inspected
64     by the state.
65          (7) "Producer" means a person who harvests or produces homemade food or a
66     homemade food product.
67          Section 3. Section 4-5a-103 is enacted to read:
68          4-5a-103. Regulation of a direct-to-sale farmers market.
69          (1) A direct-to-sale farmers market selling homemade food under this chapter shall:
70          (a) display signage indicating to an informed final consumer that the homemade food
71     and food products sold by producers at the market have not been certified, licensed, regulated,
72     or inspected by state or local authorities; and
73          (b) only include products for sale that have not been certified, licensed, regulated, or
74     inspected by state or local authorities.
75          (2) If the direct-to-sale farmers market is in any way associated with a farmers market
76     as defined in Subsection 4-5-102(5), the direct-to-sale farmers market section selling
77     homemade food under this chapter shall comply with the following requirements:
78          (a) the direct-to-sale farmers market section shall be separated from the farmers market
79     section; and
80          (b) the separate direct-to-sale farmers market section shall include signs or other
81     markings clearly indicating which space is the farmers market space offering inspected items
82     for sale and which space is the direct-to-sale farmers market space offering items that are
83     uninspected.
84          (3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
85     Administrative Rulemaking Act, regarding the signage described in Subsection (1).
86          Section 4. Section 4-5a-104 is enacted to read:

87          4-5a-104. Home producer direct sales -- Exempt from regulation.
88          (1) A producer is exempt from state, county, or city licensing, permitting, certification,
89     inspection, packaging, and labeling requirements, except as described in this section, related to
90     the preparation, serving, use, consumption, or storage of food and food products if:
91          (a) the producer complies with the requirements of this chapter; and
92          (b) the homemade food or homemade food product is:
93          (i) produced and sold within the state;
94          (ii) sold directly to an informed final consumer;
95          (iii) for home consumption; and
96          (iv) not exempted under Subsection 4-5a-105(1).
97          (2) notwithstanding Subsection (1), a producer shall comply with business license
98     requirements pursuant to Section 10-1-203.
99          (3) Food or food products sold under this section shall be labeled with:
100          (a) the producer's name and address;
101          (b) a disclosure statement indicating that the product is:
102          (i) not for resale; and
103          (ii) processed and prepared without state or local inspection; and
104          (c) a statement listing whether the food or food product contains, or was prepared in a
105     location that also handles, common allergens including milk, soy, wheat, eggs, peanuts or tree
106     nuts, fish, or shellfish.
107          (4) (a) Except as provided in Subsection (4)(b), homemade food or a homemade food
108     product that is exempt from certain regulations as described in this chapter may not be sold to,
109     or used by, a restaurant or commercial establishment.
110          (b) A producer may sell a raw, unprocessed fruit or vegetable to a restaurant or
111     commercial establishment.
112          (5) A producer selling homemade food or homemade food products exempt under this
113     section shall inform the final consumer that the food or food product is not certified, licensed,
114     regulated, or inspected by the state or any county or city.
115          Section 5. Section 4-5a-105 is enacted to read:
116          4-5a-105. Limitations.
117          (1) This chapter does not apply to the sale of:

118          (a) raw dairy or raw dairy products; or
119          (b) meat products, with the following exceptions:
120          (i) the sale of poultry and poultry products if the producer:
121          (A) slaughters no more than 1,000 birds per year in accordance with the United States
122     Department of Agriculture 1,000 bird exemption; and
123          (B) follows the United States Department of Agriculture's, Food Safety and Inspection
124     Service document titled "Guidance for Determining Whether A Poultry Slaughter or Processing
125     Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act";
126     and
127          (ii) the sale of domesticated rabbit meat, pending approval from the United States
128     Department of Agriculture that the state's role in meat inspection is preserved.
129          (2) Nothing in this chapter:
130          (a) means that the department relinquishes its authority to administer the state's
131     program at a standard level at least equal to the standards imposed under the Federal Meat and
132     Poultry Products Inspection Act;
133          (b) shall be construed to impede the Department of Health in an investigation of
134     foodborne illness;
135          (c) prohibits a state agency from providing assistance, consulting, or inspecting when
136     requested by a producer; or
137          (d) affects the authority of the Department of Health or the Department of Agriculture
138     and Food to certify, license, regulate, or inspect food or food products that are not exempt from
139     certification, licensing, regulation, or inspection as described in this chapter.
140          (3) The department may not, by rule, impose an additional limit, requirement, or
141     restriction on a producer selling food or a food product under this chapter.