4-3-205.  Condemnation, embargo, denaturization of unfit milk or dairy products — Unfit equipment.

(1)  The department may condemn or embargo any milk or dairy product which is adulterated, misbranded, or not produced or processed in accordance with this chapter.

Terms Used In Utah Code 4-3-205

  • Adulterated: means any dairy product that:
(a) contains any poisonous or deleterious substance that may render it injurious to health;
(b) has been produced, prepared, packaged, or held:
(i) under unsanitary conditions;
(ii) where it may have become contaminated; or
(iii) where it may have become diseased or injurious to health;
(c) contains any food additive that is unsafe within the meaning of 21 U. See Utah Code 4-3-102
  • Dairy product: means any product derived from raw or pasteurized milk. See Utah Code 4-3-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Misbranded: means :
    (a) any dairy product whose label is false or misleading in any particular, or whose label or package fails to conform to any federal regulation adopted by the department that pertains to packaging and labeling;
    (b) any dairy product in final packaged form manufactured in this state that does not bear:
    (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable;
    (ii) a clear statement of the product's common or usual name, quantity, and ingredients, if applicable; and
    (iii) any other information required by rule of the department;
    (c) any butter in consumer package form that is not at least B grade, or that does not meet the grade claimed on the package, measured by U. See Utah Code 4-3-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (2)  The department may condemn the use of any equipment, tank, or container used to produce, process, manufacture, or transport milk or dairy products that it finds, upon inspection, to be unclean or contaminated.

    (3)  The department may mark or tag any condemned equipment, tank, or container with the words “this (equipment, tank, or container) is unfit to contain human food.”

    (4)  Condemned milk shall be decharacterized or denatured with harmless coloring or rennet by the department.

    Renumbered and Amended by Chapter 345, 2017 General Session