(1)  The department shall make rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, concerning the following functions, powers, and duties, in addition to those specified in Chapter 1, General Provisions, for the administration and enforcement of this chapter.

Terms Used In Utah Code 4-32-109

  • Adulterated: means any meat or poultry product that:
(a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of 21 U. See Utah Code 4-32-105
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • Animal: means a domesticated or captive mammalian or avian species. See Utah Code 4-32-105
  • Antemortem inspection: means an inspection of a live animal immediately before slaughter. See Utah Code 4-32-105
  • Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Federal acts: means :
    (a) the Federal Meat Inspection Act, 21 U. See Utah Code 4-32-105
  • Inspector: means a department employee who is trained in:
    (a) humane handling;
    (b) antemortem and postmortem inspection;
    (c) processing inspection; and
    (d) regulatory requirements. See Utah Code 4-32-105
  • Label: means a display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. See Utah Code 4-32-105
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Meat: means the edible muscle, and other edible parts, of an animal, including edible:
    (a) skeletal muscle;
    (b) organs;
    (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
    (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 4-32-105
  • Official establishment: means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. See Utah Code 4-32-105
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Poultry: means any domesticated bird, whether living or dead. See Utah Code 4-32-105
  • Poultry product: means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. See Utah Code 4-32-105
  • Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 4-32-105
  • Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare meat or poultry products. See Utah Code 4-32-105
  • Slaughter: means :
    (a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or
    (b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105
  • 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)  The department shall require antemortem and postmortem inspections, quarantine, segregation, and reinspections by inspectors appointed for those purposes with respect to the slaughter of animals and the preparation of meat and poultry products at official establishments, except as provided in Subsection 4-32-110(13).

    (3)  The department shall require that:

    (a)  animals be identified for inspection purposes;

    (b)  meat or poultry products, or their containers be marked or labeled as:

    (i)  “Utah Inspected and Passed” if, upon inspection, the products are found to be unadulterated; and

    (ii)  “Utah Inspected and Condemned” if, upon inspection, the products are found to be adulterated; and

    (c)  condemned animal carcasses or products, which otherwise would be used for human consumption, be destroyed under the supervision of an inspector.

    (4)  The department shall prohibit or limit meat products, poultry products, or other materials not prepared under inspection procedures provided in this chapter, from being brought into official establishments.

    (5)  The department shall require that labels and containers for meat and poultry products:

    (a)  bear all information required by Section 4-32-115 if the product leaves the official establishment; and

    (b)  be approved before sale or transportation.

    (6)  For official establishments required to be inspected under Subsection (2), the department shall:

    (a)  prescribe sanitary standards;

    (b)  require sanitary inspections; and

    (c)  refuse to provide inspection service if the sanitary conditions allow adulteration of any meat or poultry product.

    (7) 

    (a)  The department shall require that any person engaged in a business referred to in Subsection (7)(b):

    (i)  keep accurate records disclosing all pertinent business transactions;

    (ii)  allow inspection of the business premises at reasonable times and examination of inventory, records, and facilities; and

    (iii)  allow samples to be taken.

    (b)  Subsection (7)(a) applies to any person who:

    (i)  slaughters animals;

    (ii)  prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or poultry products for human or animal consumption;

    (iii)  renders animals; or

    (iv)  buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of their carcasses that died by a method other than slaughter.

    (8) 

    (a)  The department shall:

    (i)  adopt by reference rules under federal acts with changes that the commissioner considers appropriate to make the rules applicable to operations and transactions subject to this chapter; and

    (ii)  make any other rules considered necessary for the efficient execution of the provisions of this chapter, including rules of practice providing an opportunity for hearing in connection with the issuance of orders under Subsection (6) or under Subsection 4-32-110(1), (2), or (3) and prescribing procedures for proceedings in these cases.

    (b)  These procedures do not preclude requiring that a label or container be withheld from use, or inspection be refused under Subsection (2) or (6), or Subsection 4-32-110(3), pending issuance of a final order in the proceeding.

    (9) 

    (a)  To prevent the inhumane slaughtering of animals, inspectors shall be appointed to examine and inspect methods of handling and slaughtering animals.

    (b)  Inspection of slaughtering establishments may be refused or temporarily suspended if animals have been slaughtered or handled by any method not in accordance with the Humane Methods of Slaughter Act of 1978, Pub. L. No. 95-445.

    (c)  Before slaughtering an animal in accordance with requirements of Kosher, Halal, or a religious faith’s requirements that discourage stunning of the animal, the person slaughtering the animal shall file a written request with the commissioner.

    (10) 

    (a)  The department shall require an animal showing symptoms of disease during antemortem inspection, performed by an inspector appointed for that purpose, to be set apart and slaughtered separately from other livestock and poultry.

    (b)  When slaughtered, the carcasses of livestock and poultry are subject to careful examination and inspection in accordance with rules prescribed by the commissioner.

    (11)  Subject to Subsection (14), the department shall make rules for exemptions for persons who slaughter or process fewer than 20,000 poultry during the calendar year to be no more stringent than the exemptions described in 21 U.S.C. Secs. 464(c)(1)(C), 21 U.S.C. § 464(c)(3), 9 C.F.R. § 381.10(a)(5), and 9 C.F.R. Secs. 381.10(b)(1) and (2).

    (12)  Subject to Subsection (14), the department shall make rules for exemptions for persons who slaughter or process fewer than 1,000 poultry during the calendar year to be no more stringent than the exemptions described in 21 U.S.C. § 464(c)(4) and 9 C.F.R. § 381.10(c).

    (13)  The department may maintain:

    (a)  a registry of persons who slaughter or process fewer than 20,000 poultry during the calendar year; and

    (b)  a registry of persons who slaughter or process fewer than 1,000 poultry during the calendar year.

    (14)  The department shall make the rules described in Subsections (11) and (12) after the day on which the department receives approval from the U.S. Department of Agriculture that making the rules will preserve the state‘s role in meat and poultry inspections.

    Amended by Chapter 129, 2020 General Session