4-3-401.  Unlawful acts specified.
     It is unlawful for any person in this state to:

(1)  operate a plant without a permit issued by the department;

Terms Used In Utah Code 4-3-401

  • 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
  • Certificate: means a document allowing a person to market milk. 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
  • Filled milk: means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat added, blended, or compounded with it so that the resultant product is an imitation or semblance of milk, cream, or skimmed milk. See Utah Code 4-3-102
  • 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
  • Permit: means a document allowing a person or plant, as designated in the permit, to:
    (a) process, manufacture, supply, test, haul, or pasteurize milk or milk products; or
    (b) repair equipment used to conduct the activities described in Subsection (13)(a). See Utah Code 4-3-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Plant: means any facility where milk is processed or manufactured. 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
  • Producer: means a person who owns a cow or other milk producing hoofed mammal that produces milk for consumption by persons other than the producer's family, employees, or nonpaying guests. See Utah Code 4-3-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  market milk without a certificate issued by the department;

    (3)  manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk in bulk without a special permit to perform the particular activity designated in this Subsection (3); unless if more than one person working in a plant is engaged in the performance of a single activity designated in this Subsection (3), the person who directs the activity is permitted;

    (4)  manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or misbranded dairy product;

    (5)  manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product without a permit or certificate required by this chapter;

    (6)  sell or offer for sale any milk not intended for human consumption unless it is denatured or decharacterized in accordance with the rules of the department;

    (7)  manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a dairy product;

    (8)  keep any animals with brucellosis, tuberculosis, or other infectious or contagious diseases communicable to humans in any place where they may come in contact with cows or other milking animals;

    (9)  draw milk for human food from cows or other milking animals that are infected with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that will produce milk that is adulterated;

    (10)  accept or process milk from any producer without verification that the producer holds a valid permit or certification or, if milk is accepted from out of the state, without verification that the producer holds a permit or certification from the appropriate regulatory agency of that state;

    (11)  use any contaminated or unclean equipment or container to process, manufacture, distribute, deliver, or sell a dairy product;

    (12)  remove, change, conceal, erase, or obliterate any mark or tag placed upon any equipment, tank, or container by the department except to clean and sanitize it;

    (13)  use any tank or container used for the transportation of milk or other dairy products that is unclean or contaminated;

    (14)  refuse to allow the department to take samples for testing; or

    (15)  prohibit adding vitamin compounds in the processing of milk and dairy products in accordance with rules of the department.

    Amended by Chapter 528, 2023 General Session