remove inspectors from any official establishment that fails to:
Terms Used In Utah Code 4-32-110
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
Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105
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
Misbranded: means any meat or poultry product that:
(a)
bears a label that is false or misleading in any particular;
(b)
is offered for sale under the name of another food;
(c)
is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
(d)
if it has a container, the container is made, formed, or filled as to be misleading;
(e)
does not bear a label showing:
(i)
the name and place of business of the manufacturer, packer, or distributor; and
(ii)
an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (27)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department;
(f)
does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(g)
is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule;
(h)
is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard;
(i)
is a food for which no standard or definition of identity has been prescribed under Subsection (27)(g) unless the label bears:
(i)
the common or usual name of the food, if there be any; and
(ii)
if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;
(j)
is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses;
(k)
bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or
(l)
does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. 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
Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. 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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
destroy condemned products pursuant to Subsection 4-32-109(3); or
(b)
comply with any other of this chapter’s requirements;
(2)
refuse to provide inspection for any official establishment for any cause specified in Section 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry Products Inspection Act;
(3)
withhold the use of labels and containers if the labeling is false or misleading or the containers are misleading in size or form;
(4)
prescribe the type size and style to be used for labeling:
(a)
information;
(b)
definitions; and
(c)
standards of identity, composition, or container fill;
(5)
prescribe conditions for the storage and handling of meat and poultry products by any person who sells, freezes, stores, or transports these products to prevent them from becoming adulterated or misbranded;
(6)
require that equines be slaughtered and prepared in official establishments separate from those where other animals are slaughtered or their products are prepared;
(7)
require that the following people register the name and address of each place of business and all trade names:
(a)
broker;
(b)
renderer;
(c)
animal food manufacturer;
(d)
wholesaler;
(e)
public warehouseman of meat or poultry products; or
(f)
anyone engaged in the business of buying, selling, or transporting any:
(i)
dead, dying, disabled, or diseased animals; or
(ii)
parts of animal carcasses that died other than by slaughter;
(8)
make inspections of official establishments at night, as well as during the day, if animals or meat and poultry products are slaughtered and prepared for commercial purposes in those establishments at night;
(9)
divide the state into inspection districts and designate killing days and partial killing days for each official establishment;
(10)
cooperate with the Secretary of Agriculture of the United States in the administration of this chapter and accept federal assistance and use funds appropriated for the administration of this chapter to pay the state’s proportionate share of the cooperative program;
(11)
recommend the names of officials and employees of the department to the Secretary of Agriculture of the United States for appointment to the advisory committees provided for in the federal acts;
(12)
serve as the representative of the governor for consultation with the Secretary of Agriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section 5(c) of the federal Poultry Products Inspection Act, unless the governor selects another representative; and
(13)
exempt from inspection:
(a)
the slaughter and processing of an animal by any person who raises an animal for the person’s own use, members of the person’s household, employees, or nonpaying guests;
(b)
custom exempt slaughter and processing operations;
(c)
farm custom slaughter performed by a licensee; and
(d)
any other operation, if the exemption:
(i)
furthers the purposes of this chapter; and
(ii)
conforms to federal acts.
Renumbered and Amended by Chapter 345, 2017 General Session
