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7 LONG TITLE
8 General Description:
9 This bill makes changes relating to the sale and regulation of raw milk products.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ updates the labeling requirement for raw milk products;
14 ▸ requires the department to make rules regarding raw milk testing at third-party
15 laboratories;
16 ▸ clarifies the standard for reissuing a suspended permit;
17 ▸ clarifies the standard for removing a cease and desist order following a foodborne
18 illness outbreak;
19 ▸ provides the circumstances under which the department shall provide information to
20 a producer related to:
21 • a suspended permit or a cease and desist order; and
22 • the right to a hearing; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 4-3-503, as last amended by Laws of Utah 2023, Chapter 78
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 4-3-503 is amended to read:
34 4-3-503. Sale of raw milk products -- Suspension of producer's permit --
35 Severability not permitted -- Disclosure to producers.
36 (1) As used in this section:
37 (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
38 (b) "Foodborne illness outbreak" means the event of two or more individuals getting
39 the same illness from the same batch of contaminated food or drink.
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42 (i) of which the producer owns at least 51% of the value of the real property and
43 tangible personal property used in the operations of the retail store; or
44 (ii) for which the producer has the power to vote at least 51% of any class of voting
45 shares or ownership interest in the business entity that operates the retail store.
46 (2) Except as provided in Subsection (5), a raw milk product may be manufactured,
47 distributed, sold, delivered, held, stored, or offered for sale if:
48 (a) the producer obtains a permit from the department to produce the raw milk product
49 under Subsection 4-3-301(6);
50 (b) the sale and delivery of the raw milk product is made upon the premises where the
51 raw milk product is produced, except as provided by Subsection (3);
52 (c) the raw milk product is sold to consumers for household use and not for resale;
53 (d) the raw milk product is bottled or packaged under sanitary conditions and in
54 sanitary containers on the premises where the raw milk product is produced;
55 (e) the raw milk product is labeled "raw milk product" and meets the labeling
56 requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;
57 (f) the raw milk used to produce the raw milk product is:
58 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
59 drawn from the animal;
60 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
61 animal; and
62 (iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is
63 delivered to the consumer or used to produce the raw milk product;
64 (g) the bacterial count of the raw milk used to produce the raw milk product does not
65 exceed 20,000 colony forming units per milliliter;
66 (h) the coliform count of the raw milk used to produce the raw milk product does not
67 exceed 10 colony forming units per milliliter;
68 (i) the production of the raw milk product conforms to departmental rules for the
69 production of grade A milk products;
70 (j) the dairy animals on the premises are:
71 (i) permanently and individually identifiable; and
72 (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
73 (k) any [
74 the production, bottling, packaging, handling, or sale of the raw milk product is free from
75 communicable disease.
76 (3) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk
77 product at a self-owned retail store, that is properly staffed, or from a mobile unit where the
78 raw milk product is maintained through mechanical refrigeration at 41 degrees Fahrenheit or a
79 lower temperature, if, in addition to the requirements of Subsection (2), the producer:
80 (a) transports the raw milk product from the premises where the raw milk product is
81 produced to the self-owned retail store in a refrigerated truck where the raw milk product is
82 maintained at 41 degrees Fahrenheit or a lower temperature;
83 (b) retains ownership of the raw milk product until it is sold to the final consumer,
84 including transporting the raw milk product from the premises where the raw milk product is
85 produced to the self-owned retail store without any:
86 (i) intervening storage;
87 (ii) change of ownership; or
88 (iii) loss of physical control;
89 (c) stores the raw milk product at 41 degrees Fahrenheit or a lower temperature in a
90 display case equipped with a properly calibrated thermometer at the self-owned retail store;
91 (d) places a sign above each display case that contains a raw milk product at the
92 self-owned retail store that:
93 (i) is prominent;
94 (ii) is easily readable by a consumer;
95 (iii) reads in print that is no smaller than .5 inch in bold type, "This milk product is raw
96 and unpasteurized. Please keep refrigerated."; and
97 (iv) meets any other requirement established by the department by rule;
98 (e) labels the raw milk product with:
99 (i) a date, no more than nine days after the raw milk product is produced, by which the
100 raw milk product should be sold;
101 (ii) the statement "Raw milk products, no matter how carefully produced, may be
102 unsafe. The following individuals are at greater risk when consuming raw milk products:
103 pregnant women, the elderly, children under the age of seven, and those with a compromised
104 immune system.";
105 (iii) handling instructions to preserve quality and avoid contamination or spoilage;
106 (iv) a specific colored label as determined by the department by rule; and
107 (v) any other information required by rule;
108 (f) refrains from offering the raw milk product for sale until:
109 (i) the department or a third party certified by the department tests each batch of raw
110 milk used to produce a raw milk product for standard plate count and coliform count; and
111 (ii) the test results meet the minimum standards established for those tests;
112 (g) (i) maintains a database of the raw milk product sales; and
113 (ii) makes the database available to the Department of Health and Human Services
114 during the self-owned retail store's business hours for purposes of epidemiological
115 investigation;
116 (h) ensures that the plant and retail store complies with Chapter 5, Utah Wholesome
117 Food Act, and the rules governing food establishments enacted under Section 4-5-301; and
118 (i) complies with the applicable rules adopted as authorized by this chapter.
119 (4) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk
120 product and pasteurized milk at the same self-owned retail store if:
121 (a) the self-owned retail store is properly staffed; and
122 (b) the producer:
123 (i) meets the requirements of Subsections (2) and (3);
124 (ii) operates the self-owned retail store on the same property where the raw milk
125 product is produced; and
126 (iii) maintains separate, labeled, refrigerated display cases for raw milk products and
127 pasteurized milk.
128 (5) A producer may, without meeting the requirements of Subsection (2), sell up to 120
129 gallons of raw milk per month if:
130 (a) the sale is directly to an end consumer, for household use and not for resale;
131 (b) the sale and delivery of the raw milk is made upon the premises where the raw milk
132 is produced;
133 (c) the producer labels the raw milk with:
134 (i) the producer's name and address;
135 (ii) a date, no more than nine days after the raw milk is produced, by which the raw
136 milk should be sold;
137 (iii) the statement "This raw milk has not been licensed or inspected by the state of
138 Utah. Raw milk, no matter how carefully produced, may be unsafe. The following individuals
139 are at greater risk when consuming raw milk products: pregnant women, the elderly, children
140 under the age of seven, and those with a compromised immune system."; and
141 (iv) handling instructions to preserve quality and avoid contamination or spoilage;
142 (d) the raw milk is:
143 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
144 drawn from the animal; and
145 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
146 animal;
147 (e) the producer conducts a monthly test ensuring the coliform count of the raw milk
148 does not exceed 10 colony-forming units per milliliter;
149 (f) the dairy animals on the producer's premises are free of tuberculosis, brucellosis,
150 and other diseases carried through milk;
151 (g) the producer maintains records of tests and sales for a minimum of two years; and
152 (h) the producer notifies the department of the producer's intent to sell raw milk
153 pursuant to this Subsection (5) and includes in the notification the producer's name and
154 address.
155 (6) A person who conducts a test required by Subsection (3) shall send a copy of the
156 test results to the department as soon as the test results are available.
157 (7) (a) The department shall [
158 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the
159 sale of raw milk products at a self-owned retail store.
160 (b) The rules adopted by the department shall include rules regarding:
161 (i) permits;
162 (ii) building and premises requirements;
163 (iii) sanitation and operating requirements, including bulk milk tanks requirements;
164 (iv) additional tests;
165 (v) use of third-party testing laboratories;
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169 (c) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
170 Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.
171 (d) (i) The department shall establish and collect a fee for the tests and inspections
172 required by this section and by rule in accordance with Section 63J-1-504.
173 (ii) Notwithstanding Section 63J-1-504, the department shall retain the fees as
174 dedicated credits and may only use the fees to administer and enforce this section.
175 (8) (a) The department shall suspend a permit issued under Section 4-3-301 if:
176 (i) two out of four consecutive samples or two samples in a 30-day period violate
177 sample limits established under this section; or
178 (ii) a producer violates this section or a rule adopted as authorized by this section.
179 (b) The department may reissue a permit that has been suspended under Subsection
180 (8)(a) if the producer has:
181 (i) obtained a sample result that meets the standards described in Subsections (2)(g)
182 and (h); and
183 (ii) complied with all of the requirements of this section and rules adopted as
184 authorized by this section.
185 (9) (a) If any subsection of this section or the application of any subsection to any
186 person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
187 the remainder of the section may not be given effect without the invalid subsection or
188 application.
189 (b) The provisions of this section may not be severed.
190 (10) Nothing in this chapter shall be construed to impede the Department of Health and
191 Human Services or the Department of Agriculture and Food in investigation of a foodborne
192 illness outbreak.
193 (11) (a) The department shall issue a cease and desist order to a producer linked to a
194 foodborne illness [
195 (b) A producer that receives a cease and desist order from the department shall stop
196 sale of the raw milk product that the department names in the cease and desist order.
197 (c) To link a producer to a foodborne illness outbreak, the department or the
198 Department of Health and Human Services shall show probable cause that the foodborne
199 illness outbreak originated with the producer's raw milk product.
200 (d) The department shall notify a producer that the department has linked the producer
201 to a foodborne illness outbreak before:
202 (i) notifying the public; or
203 (ii) including the producer's name or identifying information in a press release.
204 (12) Upon written request by a producer with a suspended permit as described in
205 Subsection (8), the department shall provide to the producer:
206 (a) a positive test result or positive test results that the department used to suspend a
207 permit; and
208 (b) information on how to request a hearing regarding the department's decision to
209 suspend the permit.
210 (13) Upon written request by a producer linked to a foodborne illness outbreak as
211 described in Subsection (11), the department shall provide to the producer:
212 (a) evidence the department used to link the producer to a foodborne illness outbreak
213 with probable cause, with all medical patient identifying information redacted; and
214 (b) information on how to request a hearing regarding the department's decision to
215 issue the cease and desist order.
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217 effect until the department verifies that the producer:
218 (a) adheres to this section; and
219 (b) has three consecutive clean tests of the raw milk product.
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222 (15) (a) If the department or the Department of Health and Human Services links a
223 producer's raw milk product to a foodborne illness outbreak and the department finds that the
224 producer has violated the applicable provisions of this section, the department may impose
225 upon the producer the following administrative penalties:
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229 (b) The department may impose the penalties described in Subsection 15(a) in addition
230 to issuing a cease and desist order.
231 Section 2. Effective date.
232 This bill takes effect on May 1, 2024.