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7 LONG TITLE
8 General Description:
9 This bill clarifies provisions related to rulemaking for the slaughtering of poultry.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides guidance for rulemaking for the slaughtering of poultry.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 4-32-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
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21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 4-32-109 is amended to read:
23 4-32-109. Mandatory functions, powers, and duties of department prescribed.
24 (1) The department shall make rules pursuant to Title 63G, Chapter 3, Utah
25 Administrative Rulemaking Act, concerning the following functions, powers, and duties, in
26 addition to those specified in Chapter 1, General Provisions, for the administration and
27 enforcement of this chapter.
28 (2) The department shall require antemortem and postmortem inspections, quarantine,
29 segregation, and reinspections by inspectors appointed for those purposes with respect to the
30 slaughter of animals and the preparation of meat and poultry products at official
31 establishments, except as provided in Subsection 4-32-110(13).
32 (3) The department shall require that:
33 (a) animals be identified for inspection purposes;
34 (b) meat or poultry products, or their containers be marked or labeled as:
35 (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
36 unadulterated; and
37 (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
38 adulterated; and
39 (c) condemned animal carcasses or products, which otherwise would be used for
40 human consumption, be destroyed under the supervision of an inspector.
41 (4) The department shall prohibit or limit meat products, poultry products, or other
42 materials not prepared under inspection procedures provided in this chapter, from being
43 brought into official establishments.
44 (5) The department shall require that labels and containers for meat and poultry
45 products:
46 (a) bear all information required by Section 4-32-115 if the product leaves the official
47 establishment; and
48 (b) be approved before sale or transportation.
49 (6) For official establishments required to be inspected under Subsection (2), the
50 department shall:
51 (a) prescribe sanitary standards;
52 (b) require sanitary inspections; and
53 (c) refuse to provide inspection service if the sanitary conditions allow adulteration of
54 any meat or poultry product.
55 (7) (a) The department shall require that any person engaged in a business referred to in
56 Subsection (7)(b):
57 (i) keep accurate records disclosing all pertinent business transactions;
58 (ii) allow inspection of the business premises at reasonable times and examination of
59 inventory, records, and facilities; and
60 (iii) allow samples to be taken.
61 (b) Subsection (7)(a) applies to any person who:
62 (i) slaughters animals;
63 (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or
64 poultry products for human or animal consumption;
65 (iii) renders animals; or
66 (iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of
67 their carcasses that died by a method other than slaughter.
68 (8) (a) The department shall:
69 (i) adopt by reference rules under federal acts with changes that the commissioner
70 considers appropriate to make the rules applicable to operations and transactions subject to this
71 chapter; and
72 (ii) make any other rules considered necessary for the efficient execution of the
73 provisions of this chapter, including rules of practice providing an opportunity for hearing in
74 connection with the issuance of orders under Subsection (6) or under Subsection 4-32-110(1),
75 (2), or (3) and prescribing procedures for proceedings in these cases.
76 (b) These procedures do not preclude requiring that a label or container be withheld
77 from use, or inspection be refused under [
78 Subsection 4-32-110(3), pending issuance of a final order in the proceeding.
79 (9) (a) To prevent the inhumane slaughtering of animals, inspectors shall be appointed
80 to examine and inspect methods of handling and slaughtering animals.
81 (b) Inspection of slaughtering establishments may be refused or temporarily suspended
82 if animals have been slaughtered or handled by any method not in accordance with the Humane
83 Methods of Slaughter Act of 1978, Pub. L. No. 95-445.
84 (c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or
85 a religious faith's requirements that discourage stunning of the animal, the person slaughtering
86 the animal shall file a written request with the commissioner.
87 (10) (a) The department shall require an animal showing symptoms of disease during
88 antemortem inspection, performed by an inspector appointed for that purpose, to be set apart
89 and slaughtered separately from other livestock and poultry.
90 (b) When slaughtered, the carcasses of livestock and poultry are subject to careful
91 examination and inspection in accordance with rules prescribed by the commissioner.
92 (11) Subject to Subsection (14), the department shall make rules for exemptions for
93 persons who slaughter or process fewer than 20,000 poultry during the calendar year to be no
94 more stringent than the exemptions described in 21 U.S.C. Secs. 464(c)(1)(C), 21 U.S.C. Sec.
95 464(c)(3), 9 C.F.R. Sec. 381.10(a)(5), and 9 C.F.R. Secs. 381.10(b)(1) and (2).
96 (12) Subject to Subsection (14), the department shall make rules for exemptions for
97 persons who slaughter or process fewer than 1,000 poultry during the calendar year to be no
98 more stringent than the exemptions described in 21 U.S.C. Sec. 464(c)(4) and 9 C.F.R. Sec.
99 381.10(c).
100 (13) The department may maintain:
101 (a) a registry of persons who slaughter or process fewer than 20,000 poultry during the
102 calendar year; and
103 (b) a registry of persons who slaughter or process fewer than 1,000 poultry during the
104 calendar year.
105 (14) The department shall make the rules described in Subsections (11) and (12) after
106 the day on which the department receives approval from the U.S. Department of Agriculture
107 that making the rules will preserve the state's role in meat and poultry inspections.