(1)  Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department.

Terms Used In Utah Code 4-4-107

  • 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
  • Albumen: means the white of an egg. See Utah Code 4-4-103
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • End consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103
  • Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103
  • Small producer: means a producer of shell eggs:
(a) having less than 3,000 layers;
(b) selling only to an end consumer; and
(c) who is exempt from 21 C. See Utah Code 4-4-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (2)  The Department of Health and Human Services has the authority to investigate foodborne illness.

    (3)  The department may assist, consult, or inspect shell eggs when requested by a small producer.

    (4)  Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.

    (5)  The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:

    (a)  are addled or moldy; or

    (b)  contain:

    (i)  black spot;

    (ii)  black rot;

    (iii)  white rot;

    (iv)  blood ring;

    (v)  adherent yolk; or

    (vi)  a bloody or green albumen.

    (6)  The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant.

    (7)  Eggs sold by a small producer pursuant to this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.

    Amended by Chapter 481, 2023 General Session