US Laws, Codes, Statutes & Cases

     4-3-1.   Definitions.
     As used in this chapter:
     (1) "Adulterated" means any dairy product which:
     (a) contains any poisonous or deleterious substance that may render it injurious to health;
     (b) has been produced, prepared, packaged, or held under unsanitary conditions, or where it may have become contaminated or where it may have become diseased or injurious to health;
     (c) contains any food additive that is unsafe within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act;
     (d) contains any filthy, putrid, or decomposed substance, or fresh fluid milk which contains lactic acid at or above the level of .18 of 1%, or cream with a lactic acid level at or above .8 of 1%, or which is otherwise unfit for human food;
     (e) is the product of a diseased animal or an animal which died otherwise than by slaughter, or an animal fed upon uncooked offal;
     (f) has intentionally been subjected to radiation, unless the use of the radiation is in conformity with a regulation or exemption promulgated by the department; or
     (g) has any valuable constituent omitted or abstracted, or which has any substance substituted in whole or in part therefor, or which has damage or inferiority concealed in any manner, or which has any substance added, mixed, or packed with the product to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value.
     (2) "Dairy product" means any product derived from raw or pasteurized milk.
     (3) "Distributor" means any person who distributes a dairy product.
     (4) "Filled milk" means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, which 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. It does not include any distinctive proprietary food compound which is prepared and designated for feeding infants and young children which is customarily used upon the order of a licensed physician; provided, that the word "milk" does not appear in the product name or in any statement on the label, and that the label conforms with the food labeling requirements.
     (5) "Frozen dairy products" mean dairy products normally served to the consumer in a frozen or semifrozen state.
     (6) "Grade A milk," "grade A milk products," and "milk" for the purposes of this chapter have the same meaning that is accorded such terms in the federal standards for grade A milk and grade A milk products unless modified by regulations of the department.
     (7) "License" means a document allowing a person or plant to process, manufacture, supply, test, haul, or pasteurize milk or milk products or conduct such other activity as specified by the license.
     (8) "Manufacturer" means any person who processes milk in such a way that its character is changed.
     (9) "Manufacturing milk" means milk used in the production of non-grade A dairy products.
     (10) "Misbranded" means 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 which pertains to packaging and labeling. It also means:
     (a) any dairy product in final packaged form manufactured in this state which does not

bear the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable; and, a clear statement of the product's common or usual name, quantity, and ingredients, if applicable, and any other information required by regulation of the department;
     (b) 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.S.D.A. butter grade standards;
     (c) any imitation butter made in whole or in part from material other than wholesome milk or cream, except clearly labeled "margarine";
     (d) renovated butter unless the words "renovated butter," in letters not less than 1/2-inch in height appear on each package, roll, square, or container of such butter; or
     (e) any dairy product in final packaged form which makes nutritional claims or adds or adjusts nutrients that are not so labeled.
     (11) "Pasteurization" means any process which renders dairy products practically free of disease organisms and is accepted by federal standards.
     (12) "Permit or certificate" means a document allowing a person to market milk.
     (13) "Plant" means any facility where milk is processed or manufactured.
     (14) "Processor" means any person who subjects milk to a process.
     (15) "Producer" means a person who owns cows that produce milk for consumption by persons other than the producer's family, employees, or nonpaying guests.
     (16) "Raw milk" means unpasteurized milk.
     (17) "Renovated butter" means butter that is reduced to a liquid state by melting and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product of milk.
     (18) "Retailer" means any person who sells or distributes dairy products directly to the consumer.

Enacted by Chapter 2, 1979 General Session