(1)  Except as provided in Subsection (4), a direct-to-sale farmers market selling homemade food under this chapter shall:

Terms Used In Utah Code 4-5a-103

(a)  display signage indicating to an informed final consumer that the homemade food and food products sold by producers at the market have not been certified, licensed, regulated, or inspected by state or local authorities; and

(b)  only include products for sale that have not been certified, licensed, regulated, or inspected by state or local authorities.

(2)  If the direct-to-sale farmers market is in any way associated with a farmers market as defined in Subsection 4-5-102(6), the direct-to-sale farmers market section selling homemade food under this chapter shall comply with the following requirements:

(a)  the direct-to-sale farmers market section shall be separated from the farmers market section; and

(b)  the separate direct-to-sale farmers market section shall include signs or other markings clearly indicating which space is the farmers market space offering inspected items for sale and which space is the direct-to-sale farmers market space offering items that are uninspected.

(3)  The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the signage described in Subsection (1).

(4)  The requirements described in Subsection (1) do not apply to a direct-to-sale farmers market comprising only minor producers or minor-operated businesses.

Amended by Chapter 362, 2023 General Session