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7 LONG TITLE
8 General Description:
9 This bill addresses regulation of local food.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ addresses the imposition of restrictions on local food during an emergency; and
14 ▸ addresses rulemaking authority.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 53-2a-222, Utah Code Annotated 1953
22 63G-3-203, Utah Code Annotated 1953
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53-2a-222 is enacted to read:
26 53-2a-222. Control of food production during a state of emergency.
27 (1) As used in this section, "local food" means an agricultural or livestock product that
28 is:
29 (a) produced, processed, and distributed for sale within the state; and
30 (b) sold to an end consumer within the state.
31 (2) During a state of emergency or local emergency:
32 (a) the governor, an executive branch agency, or a political subdivision may not impose
33 a restriction controlling the production, processing, distribution, or sale price of local food;
34 (b) except as provided in Subsection (2)(c), a state statute may impose a restriction
35 controlling the production, processing, distribution, or sale price of local food, only if passed
36 by a two-thirds majority vote of each house; and
37 (c) a statute described in Subsection (2)(b) may not impose a restriction on a home
38 garden.
39 (3) A restriction imposed under this section may not violate the Constitution of the
40 United States or the Utah Constitution.
41 Section 2. Section 63G-3-203 is enacted to read:
42 63G-3-203. Rules impacting local food.
43 (1) As used in this section, "local food" means the same as that term is defined in
44 Section 53-2a-222.
45 (2) An executive branch agency may not make a rule that impacts more than 50% of
46 the production of a local food product within a county or the state.