7 LONG TITLE
8 Committee Note:
9 The Natural Resources, Agriculture, and Environment Interim Committee
10 recommended this bill.
11 General Description:
12 This bill amends provisions of the Utah Wholesome Food Act.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ designates "produce" as adulterated if it is in violation of certain provisions of the
17 Federal Food Safety Modernization Act;
18 ▸ expands the definition of "food establishment" to include farms;
19 ▸ allows an authorized agent of the Department of Agriculture and Food to enter a
20 farm for inspections under certain circumstances;
21 ▸ provides that carriers are subject to regulation under the Utah Wholesome Food
22 Act; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 4-5-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
31 4-5-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
32 4-5-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
33 4-5-501, as last amended by Laws of Utah 2017, Chapter 42 and renumbered and
34 amended by Laws of Utah 2017, Chapter 345 and last amended by Coordination
35 Clause, Laws of Utah 2017, Chapter 345
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 4-5-102 is amended to read:
39 4-5-102. Definitions.
40 As used in this chapter:
41 (1) "Advertisement" means a representation, other than by labeling, made to induce the
42 purchase of food.
43 (2) (a) "Color additive":
44 (i) means a dye, pigment, or other substance not exempted under the federal act that,
45 when added or applied to a food, is capable of imparting color; and
46 (ii) includes black, white, and intermediate grays.
47 (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
48 other agricultural chemical [
49 effect, before or after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly,
50 the growth or other natural physiological process of any plant life.
51 (3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal
53 (b) "Consumer commodity" does not include:
54 (i) a commodity subject to packaging or labeling requirements imposed under the
55 Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
56 (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
57 (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
58 601 et seq.;
59 (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
60 451 et seq.;
61 (v) a tobacco or tobacco product; or
62 (vi) a beverage subject to or complying with packaging or labeling requirements
63 imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
64 (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
65 injurious agents.
66 (5) (a) "Farm" means an agricultural operation, under management by one entity, that
67 grows or harvests crops.
68 (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a), 21
69 C.F.R. 112.5, or 21 C.F.R. 117.3.
71 producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food
74 Sec. 301 et seq.
76 (a) an article used for food or drink for human or animal consumption or the
77 components of the article;
78 (b) chewing gum or [
79 (c) a food supplement for special dietary use which is necessitated because of a
80 physical, physiological, pathological, or other condition.
82 substance becoming a component, or otherwise affecting the characteristics, of a food.
83 (b) (i) "Food additive" includes a substance or source of radiation intended for use in
84 producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
85 holding food.
86 (ii) "Food additive" does not include:
87 (A) a pesticide chemical in or on a raw agricultural commodity;
88 (B) a pesticide chemical that is intended for use or is used in the production, storage, or
89 transportation of a raw agricultural commodity; or
90 (C) a substance used in accordance with a sanction or approval granted pursuant to the
91 Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
92 21 U.S.C. Sec. 601 et seq.
94 processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour
95 mill, cold or dry warehouse storage, or other facility where food products are manufactured,
96 canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.
97 (b) "Food establishment" does not include:
98 (i) a dairy farm, a dairy plant, or a meat establishment, [
99 Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection
100 Act, 21 U.S.C. Sec. 601 et seq.; or
101 (ii) a farmers market.
103 container of an article of food.
105 (a) on an article of food or [
106 wrapper; or
107 (b) accompanying the article of food.
109 (a) United States Pharmacopoeia;
110 (b) National Formulary; or
111 (c) Homeopathic Pharmacopoeia of the United States.
113 commodity is enclosed for use in the delivery or display of the consumer commodity to retail
115 (b) "Package" does not include:
116 (i) a package [
117 (ii) a shipping [
118 consumer [
120 or retail distributor; or
121 (iii) a shipping [
123 the [
124 the consumer commodity.
126 (i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection
127 4-14-102(20); or
128 (ii) for use as a plant regulator, defoliant, or desiccant.
129 (b) "Pesticide" does not include:
130 (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
131 the United States Secretary of Health and Human Services not to be a new animal drug by
132 federal regulation establishing conditions of use of the drug; or
133 (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
136 displayed, presented, shown, or examined under normal and customary conditions of display
137 for retail sale.
138 (17) "Produce" means a food that is a:
139 (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any
140 seed source, peanut, tree nut, or herb; and
141 (b) raw agricultural commodity.
143 natural state, including all fruits that are washed, colored, or otherwise treated in [
144 fruit's unpeeled, natural form prior to marketing.
147 (20) "Sprout" means the shoot of a plant generally harvested when cotyledons are
148 undeveloped or underdeveloped and mature leaves have not emerged.
149 Section 2. Section 4-5-103 is amended to read:
150 4-5-103. Adulterated food specified.
151 (1) A food is adulterated:
153 a quantity that may ordinarily render [
157 (b) [
158 substance [
160 Subsection 4-5-204(1); [
162 (i) is a raw agricultural commodity; and
163 (ii) [
164 U.S.C. Sec. 346a; [
166 within the meaning of 21 U.S.C. Sec. 348; [
176 putrid, or decomposed substance[
177 (f) if [
179 conditions whereby [
180 (i) become contaminated with filth[
181 (ii) been rendered diseased, unwholesome, or injurious to health;
183 (i) a diseased animal [
184 (ii) an animal that has died [
185 (iii) an animal that has [
187 poisonous or deleterious substance that may render the contents injurious to health;
189 the radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204,
190 or 21 U.S.C. Sec. 348; [
192 (k) if the food:
193 (i) is a meat or meat [
195 (ii) (A) is in a casing, package, or wrapper:
196 (I) through which [
197 be seen; and
198 (II) [
200 or kind of [
202 (l) if the food is produce and is in violation of a provision of 21 C.F.R. Part 112;
204 abstracted [
205 or in part [
208 product so as to:
209 (i) increase [
210 (ii) reduce [
211 (iii) make [
213 (i) is confectionery[
215 nonnutritive object[
217 determines that the nonnutritive object:
218 (I) is of practical functional value to the confectionery product; and
219 (II) would not render the product injurious or hazardous to health;
222 volume; or
225 (I) the nonnutritive substance is a safe nonnutritive substance that is in or on the
226 confectionery [
227 manufacture, packaging, or storing of [
228 (II) the use of the nonnutritive substance does not promote deception of the consumer
229 or otherwise result in adulteration or misbranding in violation of this chapter.
231 the application of Subsection [
232 of a particular nonnutritive [
233 (3) Notwithstanding the provisions of Section 4-5-204, the residue of a pesticide
234 chemical remaining in or on a processed food is not considered unsafe if:
235 (a) the pesticide chemical is used in or on a raw agricultural commodity in conformity
236 with an exemption granted or tolerance prescribed under 21 U.S.C. Sec. 346a;
237 (b) the residue of the pesticide chemical in or on the raw agricultural commodity is
238 removed to the extent possible in good manufacturing practice;
239 (c) the raw agricultural commodity is subjected to processing such as canning, cooking,
240 freezing, dehydrating, or milling; and
241 (d) the concentration of the residue in the processed food when ready to eat is no
242 greater than the tolerance prescribed for the raw agricultural commodity.
243 Section 3. Section 4-5-105 is amended to read:
244 4-5-105. Inspection of premises and records -- Authority to take samples --
245 Inspection results reported.
246 (1) An authorized agent of the department, upon presenting appropriate credentials to
247 the owner, operator, or agent in charge, may:
248 (a) enter at reasonable times [
249 which food is manufactured, processed, packed, or held for introduction into commerce or after
250 introduction into commerce;
251 (b) enter [
252 (c) inspect at reasonable times and within reasonable limits and in a reasonable manner
254 unfinished materials, containers, and labeling located within [
255 establishment, or vehicle;
256 (d) obtain samples necessary for the enforcement of this chapter [
258 (i) pays the posted price for the sample if requested to do so; and
259 (ii) receives a signed receipt from the person from whom the sample is taken; and
260 (e) have access to and copy all records of carriers in commerce showing:
261 (i) the movement in commerce of [
262 (ii) the holding of food during or after movement in commerce; and
263 (iii) the quantity, shipper, and consignee of food.
264 (2) Evidence obtained under this section may not be used in a criminal prosecution of
265 the person from whom the evidence was obtained.
266 (3) [
267 reason of [
268 of business as [
269 (4) [
270 laboratory, or other establishment and [
271 agent making the inspection shall give [
272 report [
273 agent during the inspection which, in [
274 the establishment:
275 (a) consists in whole or in part of [
276 (b) has been prepared, packed, or held under unsanitary conditions whereby [
277 food may have become contaminated with filth or [
278 injurious to health.
279 (5) A copy of the report required under Subsection (4) shall be sent promptly to the
281 (6) If the authorized agent making the inspection of a factory, warehouse, or other
282 establishment has obtained [
283 to the owner, operator, or agent in charge:
284 (a) a receipt describing the samples obtained[
287 (b) if an analysis is made of the sample for the purpose of ascertaining whether the
288 food consists in whole or in part of [
289 otherwise unfit for food, a copy of the results of the analysis[
291 Section 4. Section 4-5-501 is amended to read:
292 4-5-501. Cottage food operations.
293 (1) For purposes of this chapter:
294 (a) "Cottage food operation" means a person who produces a cottage food product in a
295 home kitchen .
296 (b) "Cottage food product" means a [
297 good, jam, jelly, or other [
299 (c) "Home kitchen" means a kitchen:
300 (i) designed and intended for use by the residents of a home; and
301 (ii) used by a resident of the home for the production of a cottage food product.
302 (d) "Potentially hazardous food" means:
303 (i) a food of animal origin;
304 (ii) raw seed sprouts; or
305 (iii) a food that requires time or temperature control, or both, for safety to limit
306 pathogenic microorganism growth or toxin formation, as identified by the department in rule.
307 (2) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
308 Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
310 (3) Rules adopted pursuant to Subsection (2) may not require:
311 (a) the use of a commercial [
313 (b) the use of a commercial grade:
314 (i) sink;
315 (ii) dishwasher; or
316 (iii) oven;
317 (c) a separate kitchen for the cottage food [
318 (d) the submission of plans and specifications before construction of, or remodel of, a
319 cottage food production operation.
320 (4) The operator of a cottage food [
321 (a) register with the department as a cottage food [
322 operating as a cottage food [
323 (b) hold a valid food handler's permit; and
324 (c) package a cottage food product with a label, as specified by the department in rule.
325 (5) Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the
326 department shall issue a registration to an applicant for a cottage food [
327 the applicant for the registration:
328 (a) pays the fees required by the department; and
329 (b) meets the requirements of this section.
330 (6) Notwithstanding the provisions of Section 26A-1-114, a local health department:
331 (a) does not have jurisdiction to regulate the production of food at a cottage food
333 not offered to the public for consumption on the premises; and
334 (b) does have jurisdiction to investigate a cottage food [
335 an investigation into the cause of a [
336 (7) A food service establishment as defined in Section 26-15a-102 may not use a
337 product produced in a cottage food [
338 is prepared by the food establishment and offered by the food establishment to the public for