4-3-14 — Sale of raw milk prohibited -- Exceptions -- Suspension of producer's permit.
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4-3-14. Sale of raw milk prohibited -- Exceptions -- Suspension of producer's
permit.
(1) Raw milk may be sold if:
(a) the producer obtains a permit from the department to produce milk under Subsection 4-3-8(2);
(b) the sale and delivery of the milk is made upon the premises where the milk is produced;
(c) it is sold to consumers for household use and not for resale;
(d) it is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the milk is produced;
(e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;
(f) it is:
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal;
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal; and
(iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to the consumer;
(g) the bacterial count of the milk does not exceed:
(i) 20,000 colony forming units per milliliter, or if individual colonies are counted, a direct microscopic count in excess of 20,000 colony forming units per milliliter; or
(ii) if individual organisms are counted, 80,000 bacteria per milliliter;
(h) the bacterial plate count and the coliform count of the milk meet the bacterial and coliform enforcement standards for grade A pasteurized milk;
(i) the production of the milk conforms to departmental rules for the production of grade A milk;
(j) all dairy animals on the premises are:
(i) permanently and individually identifiable; and
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
(k) any person on the premises performing any work in connection with the production, bottling, handling, or sale of the raw milk is free from communicable disease.
(2) (a) The department shall suspend a permit to produce raw milk issued under Subsection 4-3-8(2) if a milk producer violates any provision of Subsection (1).
(b) The department may reissue a permit to produce raw milk which has been suspended under Subsection (2)(a) if the producer has complied with all of the requirements of Subsection (1).
(1) Raw milk may be sold if:
(a) the producer obtains a permit from the department to produce milk under Subsection 4-3-8(2);
(b) the sale and delivery of the milk is made upon the premises where the milk is produced;
(c) it is sold to consumers for household use and not for resale;
(d) it is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the milk is produced;
(e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;
(f) it is:
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal;
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the animal; and
(iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to the consumer;
(g) the bacterial count of the milk does not exceed:
(i) 20,000 colony forming units per milliliter, or if individual colonies are counted, a direct microscopic count in excess of 20,000 colony forming units per milliliter; or
(ii) if individual organisms are counted, 80,000 bacteria per milliliter;
(h) the bacterial plate count and the coliform count of the milk meet the bacterial and coliform enforcement standards for grade A pasteurized milk;
(i) the production of the milk conforms to departmental rules for the production of grade A milk;
(j) all dairy animals on the premises are:
(i) permanently and individually identifiable; and
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
(k) any person on the premises performing any work in connection with the production, bottling, handling, or sale of the raw milk is free from communicable disease.
(2) (a) The department shall suspend a permit to produce raw milk issued under Subsection 4-3-8(2) if a milk producer violates any provision of Subsection (1).
(b) The department may reissue a permit to produce raw milk which has been suspended under Subsection (2)(a) if the producer has complied with all of the requirements of Subsection (1).
Amended by Chapter 358, 2004 General Session