§ 4-3-503 — Sale of raw milk products -- Suspension of producer's permit -- Severability not permitted.
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(1) As used in this section:
(1)(a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
(1)(b) "Foodborne illness outbreak" means the occurrence of two or more cases from different households of a similar illness resulting from the ingestion of a common food.
(1)(c) "Raw milk product" means any product produced from raw milk.
(1)(d) "Self-owned retail store" means a retail store:
(1)(d)(i) of which the producer owns at least 51% of the value of the real property and tangible personal property used in the operations of the retail store; or
(1)(d)(ii) for which the producer has the power to vote at least 51% of any class of voting shares or ownership interest in the business entity that operates the retail store.
(2) Except as provided in Subsection (5), a raw milk product may be manufactured, distributed, sold, delivered, held, stored, or offered for sale if:
(2)(a) the producer obtains a permit from the department to produce the raw milk product under Subsection 4-3-301(6);
(2)(b) the sale and delivery of the raw milk product is made upon the premises where the raw milk product is produced, except as provided by Subsection (3);
(2)(c) the raw milk product is sold to consumers for household use and not for resale;
(2)(d) the raw milk product is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the raw milk product is produced;
(2)(e) the raw milk product is labeled "raw milk product" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;
(2)(f) the raw milk used to produce the raw milk product is:
(2)(f)(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal;
(2)(f)(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal; and
(2)(f)(iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is delivered to the consumer or used to produce the raw milk product;
(2)(g) the bacterial count of the raw milk used to produce the raw milk product does not exceed 20,000 colony forming units per milliliter and, if the bacterial count of raw milk used to produce the raw milk product exceeds 40,000 colony forming units per milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk shall be tested and may not contain the following pathogens:
(2)(g)(i) shiga toxin-producing e. coli;
(2)(g)(ii) listeria monocytogenes;
(2)(g)(iii) salmonella; and
(2)(g)(iv) campylobacter;
(2)(h) the coliform count of the raw milk used to produce the raw milk product does not exceed 10 colony forming units per milliliter and, if the coliform count of the raw milk used to produce the raw milk product exceeds 20 colony forming units per milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk shall be tested and may not contain the following pathogens:
(2)(h)(i) shiga toxin-producing e. coli;
(2)(h)(ii) listeria monocytogenes;
(2)(h)(iii) salmonella; and
(2)(h)(iv) campylobacter;
(2)(i) the production of the raw milk product conforms to departmental rules for the production of grade A milk products;
(2)(j) the dairy animals on the premises are:
(2)(j)(i) permanently and individually identifiable; and
(2)(j)(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
(2)(k) any individual on the premises performing any work in connection with the production, bottling, packaging, handling, or sale of the raw milk product is free from communicable disease.
(3) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk product at a self-owned retail store, that is properly staffed, or from a mobile unit where the raw milk product is maintained through mechanical refrigeration at 41 degrees Fahrenheit or a lower temperature, if, in addition to the requirements of Subsection (2), the producer:
(3)(a) transports the raw milk product from the premises where the raw milk product is produced to the self-owned retail store in a refrigerated truck where the raw milk product is maintained at 41 degrees Fahrenheit or a lower temperature;
(3)(b) retains ownership of the raw milk product until it is sold to the final consumer, including transporting the raw milk product from the premises where the raw milk product is produced to the self-owned retail store without any:
(3)(b)(i) intervening storage;
(3)(b)(ii) change of ownership; or
(3)(b)(iii) loss of physical control;
(3)(c) stores the raw milk product at 41 degrees Fahrenheit or a lower temperature in a display case equipped with a properly calibrated thermometer at the self-owned retail store;
(3)(d) places a sign above each display case that contains a raw milk product at the self-owned retail store that:
(3)(d)(i) is prominent;
(3)(d)(ii) is easily readable by a consumer;
(3)(d)(iii) reads in print that is no smaller than .5 inch in bold type, "This milk product is raw and unpasteurized. Please keep refrigerated."; and
(3)(d)(iv) meets any other requirement established by the department by rule;
(3)(e) labels the raw milk product with:
(3)(e)(i) a date, no more than nine days after the raw milk product is produced, by which the raw milk product should be sold;
(3)(e)(ii) the statement "Raw milk products, no matter how carefully produced, may be unsafe.";
(3)(e)(iii) handling instructions to preserve quality and avoid contamination or spoilage;
(3)(e)(iv) a specific colored label as determined by the department by rule; and
(3)(e)(v) any other information required by rule;
(3)(f) refrains from offering the raw milk product for sale until:
(3)(f)(i) the department or a third party certified by the department tests each batch of raw milk used to produce a raw milk product for standard plate count and coliform count; and
(3)(f)(ii) the test results meet the minimum standards established for those tests;
(3)(g) (3)(g)(i) maintains a database of the raw milk product sales; and
(3)(g)(ii) makes the database available to the Department of Health and Human Services during the self-owned retail store's business hours for purposes of epidemiological investigation;
(3)(h) ensures that the plant and retail store complies with Chapter 5, Utah Wholesome Food Act, and the rules governing food establishments enacted under Section 4-5-301; and
(3)(i) complies with the applicable rules adopted as authorized by this chapter.
(4) A producer may distribute, sell, deliver, hold, store, or offer for sale a raw milk product and pasteurized milk at the same self-owned retail store if:
(4)(a) the self-owned retail store is properly staffed; and
(4)(b) the producer:
(4)(b)(i) meets the requirements of Subsections (2) and (3);
(4)(b)(ii) operates the self-owned retail store on the same property where the raw milk product is produced; and
(4)(b)(iii) maintains separate, labeled, refrigerated display cases for raw milk products and pasteurized milk.
(5) A producer may, without meeting the requirements of Subsection (2), sell up to 120 gallons of raw milk per month if:
(5)(a) the sale is directly to an end consumer, for household use and not for resale;
(5)(b) the sale and delivery of the raw milk is made upon the premises where the raw milk is produced;
(5)(c) the producer labels the raw milk with:
(5)(c)(i) the producer's name and address;
(5)(c)(ii) a date, no more than nine days after the raw milk is produced, by which the raw milk should be sold;
(5)(c)(iii) the statement "This raw milk has not been licensed or inspected by the state of Utah. Raw milk, no matter how carefully produced, may be unsafe."; and
(5)(c)(iv) handling instructions to preserve quality and avoid contamination or spoilage;
(5)(d) the raw milk is:
(5)(d)(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal; and
(5)(d)(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal;
(5)(e) the producer conducts a monthly test ensuring the coliform count of the raw milk does not exceed 10 colony-forming units per milliliter;
(5)(f) the dairy animals on the producer's premises are free of tuberculosis, brucellosis, and other diseases carried through milk;
(5)(g) the producer maintains records of tests and sales for a minimum of two years; and
(5)(h) the producer notifies the department of the producer's intent to sell raw milk pursuant to this Subsection (5) and includes in the notification the producer's name and address.
(6) A person who conducts a test required by Subsection (3) shall send a copy of the test results to the department as soon as the test results are available.
(7) (7)(a) The department shall make rules, as authorized by Section 4-3-201 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the sale of raw milk products at a self-owned retail store.
(7)(b) The rules adopted by the department shall include rules regarding:
(7)(b)(i) permits;
(7)(b)(ii) building and premises requirements;
(7)(b)(iii) sanitation and operating requirements, including bulk milk tanks requirements;
(7)(b)(iv) additional tests;
(7)(b)(v) use of a third-party testing laboratory within or outside of the state;
(7)(b)(vi) frequency of inspections, including random cooler checks;
(7)(b)(vii) recordkeeping; and
(7)(b)(viii) packaging and labeling.
(7)(c) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.
(7)(d) (7)(d)(i) The department shall establish and collect a fee for the tests and inspections required by this section and by rule in accordance with Section 63J-1-504.
(7)(d)(ii) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits and may only use the fees to administer and enforce this section.
(8) (8)(a) The department shall suspend a permit issued under Section 4-3-301 if:
(8)(a)(i) two out of four consecutive samples or two samples in a 30-day period violate sample limits established under this section; or
(8)(a)(ii) a producer violates this section or a rule adopted as authorized by this section.
(8)(b) The department may reissue a permit that has been suspended under Subsection (8)(a) if the producer has:
(8)(b)(i) obtained a sample result that meets the standards described in Subsections (2)(g) and (h); and
(8)(b)(ii) complied with all of the requirements of this section and rules made as authorized by this section.
(8)(c) Upon written request by a producer with a suspended permit, the department shall provide the producer information on how to request a hearing regarding the department's decision to suspend the permit.
(9) (9)(a) If any subsection of this section or the application of any subsection to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of the section may not be given effect without the invalid subsection or application.
(9)(b) The provisions of this section may not be severed.
(10) (10)(a) Nothing in this chapter shall impede the Department of Health and Human Services or the department in an investigation of a foodborne illness outbreak.
(10)(b) Notwithstanding Subsection (10)(a), if the Department of Health and Human Services or the department uses a survey to determine whether there is a foodborne illness outbreak linked to a raw milk product, the survey shall include questions that probe the common sources of the implicated pathogen for the foodborne illness outbreak.
(11) (11)(a) If after the investigation of a foodborne illness outbreak the department links the foodborne illness outbreak to a producer, the department shall issue a cease and desist order to the producer linked to the foodborne illness outbreak prohibiting the sale of the raw milk product pending testing required by Subsection (11)(h)(i).
(11)(b) For purposes of the cease and desist order, to positively link a producer to a foodborne illness outbreak, the department shall produce evidence from the investigation under Subsection (10) that the foodborne illness outbreak originated with the producer's raw milk product.
(11)(c) A producer who receives a cease and desist order from the department shall:
(11)(c)(i) stop the sale of the raw milk product named in the cease and desist order; and
(11)(c)(ii) notify persons who purchased raw milk products from the implicated contaminated batch of the cease and desist order.
(11)(d) The department shall collect a sample within two working days of issuing a cease and desist order for the purpose of submitting the sample to a laboratory for:
(11)(d)(i) testing for pathogens; and
(11)(d)(ii) if the department wants to publicly disclose a producer's name or identifying information under Subsection (11)(g), whole genome sequencing testing.
(11)(e) The time between the department collecting the sample under Subsection (11)(d) and the department notifying the producer of whole genome sequencing test results may not exceed 15 working days unless before the 15-working day period expires the department notifies the producer in writing that the department requires additional time to notify the producer of the whole genome sequencing test results.
(11)(f) (11)(f)(i) Upon the producer's request and the producer being liable for the costs of the second laboratory, the department shall have the sample collected under Subsection (11)(d) analyzed by two laboratories.
(11)(f)(ii) The producer shall select the second laboratory from a list of laboratories approved by the department.
(11)(g) Before publicly disclosing a producer's name or identifying information, the department shall notify the producer that the department has linked the producer to a foodborne illness outbreak with a positive whole genome sequencing test.
(11)(h) (11)(h)(i) A cease and desist order shall remain in effect until the department:
(11)(h)(i)(A) verifies that the producer who is subject to the cease and desist order adheres to this section and has three consecutive tests of the raw milk product that show that the raw milk product meets the standards described in Subsections (2)(g) and (h) and is free of the pathogens listed in Subsections (2)(g) and (h); or
(11)(h)(i)(B) receives a genome sequencing test result that demonstrates that the producer's raw milk product is not linked to the foodborne illness outbreak that is the subject of the cease and desist order.
(11)(h)(ii) The department shall notify a producer who is subject to a cease and desist order that the cease and desist order is not in effect within one working day of the conditions of Subsection (11)(h)(i) being met.
(11)(h)(iii) For purposes of a test described in Subsection (11)(h)(i)(A), the department shall collect a sample for each test within two working days of the producer requesting that a sample be collected.
(12) (12)(a) If the Department of Health and Human Services or the department links a producer's raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this section, the department may impose upon the producer the following administrative penalties:
(12)(a)(i) upon the first violation, a penalty of no more than $300;
(12)(a)(ii) upon a second violation, a penalty of no more than $750; and
(12)(a)(iii) upon a third or subsequent violation a penalty of no more than $1,500.
(12)(b) The department may impose the penalties described in Subsection (12)(a) in addition to:
(12)(b)(i) issuing a cease and desist order under Subsection (11); or
(12)(b)(ii) suspending a permit under Subsection (8).
Utah § 4-3-503 (Sale of raw milk products -- Suspension of producer's permit -- Severability not permitted.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.