1     
EGG RETAILER AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses exemptions from regulations for the sale of shell eggs.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies requirements for the sale of shell eggs.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          4-4-107, as last amended by Laws of Utah 2020, Chapter 354
20     

21     Be it enacted by the Legislature of the state of Utah:
22          Section 1. Section 4-4-107 is amended to read:
23          4-4-107. Exemptions from regulation.
24          (1) Except as provided in this section, a small producer and the shell eggs produced by
25     a small producer are exempt from regulation by the department.
26          (2) The Department of Health and Human Services has the authority to investigate
27     foodborne illness.
28          (3) The department may assist, consult, or inspect shell eggs when requested by a small
29     producer.
30          (4) Nothing in this section affects the authority of the Department of Health and
31     Human Services or the department to certify, license, regulate, or inspect food or food products
32     that are not exempt from certification, licensing regulation, or inspection under this section.
33          (5) The Department of Health and Human Services, or a county health department,
34     may not prevent the sale of shell eggs from a small producer to an ultimate consumer unless the
35     Department of Health and Human Services, or the county health department, establishes that
36     the shell eggs:
37          (a) are addled or moldy; or
38          (b) contain:
39          (i) black spot;
40          (ii) black rot;
41          (iii) white rot;
42          (iv) blood ring;
43          (v) adherent yolk; or
44          (vi) a bloody or green albumen.
45          [(5)] (6) The department may make rules, in accordance with Title 63G, Chapter 3,
46     Utah Administrative Rulemaking Act, to govern the temperature, cleaning, and sanitization of
47     shell eggs under this chapter that are sold by a small producer to a restaurant.
48          [(6)] (7) Eggs sold by a small producer pursuant to this chapter are exempt from the
49     restricted egg tolerances for United States Consumer Grade B as specified in the United States
50     Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by
51     the Agricultural Marketing Service of United States Agriculture Department.