2016 Utah Code
Title 4 - Utah Agricultural Code
Chapter 3 - Utah Dairy Act
Section 14 - Sale of raw milk -- Suspension of producer's permit -- Severability not permitted.

Effective 5/10/2016
4-3-14. Sale of raw milk -- Suspension of producer's permit -- Severability not permitted.

• (1) As used in this section:
  • (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
  • (b) "Self-owned retail store" means a retail store:
    • (i) of which the producer owns at least 51% of the value of the real property and tangible personal property used in the operations of the retail store; or
    • (ii) for which the producer has the power to vote at least 51% of any class of voting shares or ownership interest in the business entity that operates the retail store.

• (2) Raw milk may be manufactured, distributed, sold, delivered, held, stored, or offered for sale if:
  • (a) the producer obtains a permit from the department to produce milk under Subsection 4-3-8(5);
  • (b) the sale and delivery of the milk is made upon the premises where the milk is produced, except as provided by Subsection (3);
  • (c) the raw milk is sold to consumers for household use and not for resale;
  • (d) the raw milk is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the raw milk is produced;
  • (e) the raw milk 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) the raw milk 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 the raw milk is delivered to the consumer;
  • (g) the bacterial count of the raw milk does not exceed 20,000 colony forming units per milliliter;
  • (h) the coliform count of the raw milk does not exceed 10 colony forming units per milliliter;
  • (i) the production of the raw 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.

• (3) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk at a self-owned retail store, which is properly staffed, if, in addition to the requirements of Subsection (2), the producer:
  • (a) transports the raw milk from the premises where the raw milk is produced to the self-owned retail store in a refrigerated truck where the raw milk is maintained at 41 degrees Fahrenheit or a lower temperature;
  • (b) retains ownership of the raw milk until it is sold to the final consumer, including transporting the raw milk from the premises where the raw milk is produced to the self-owned retail store without any:
    • (i) intervening storage;
    • (ii) change of ownership; or
    • (iii) loss of physical control;
  • (c) stores the raw milk at 41 degrees Fahrenheit or a lower temperature in a display case equipped with a properly calibrated thermometer at the self-owned retail store;
  • (d) places a sign above each display case that contains raw milk at the self-owned retail store that:
    • (i) is prominent;
    • (ii) is easily readable by a consumer;
    • (iii) reads in print that is no smaller than .5 inches in bold type, "This milk is raw and unpasteurized. Please keep refrigerated"; and
    • (iv) meets any other requirement established by the department by rule;
  • (e) labels the raw milk with:
    • (i) a date, no more than nine days after the raw milk is produced, by which the raw milk should be sold;
    • (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
    • (iii) handling instructions to preserve quality and avoid contamination or spoilage;
    • (iv) by January 1, 2017, a specific colored label as determined by the department by rule; and
    • (v) any other information required by rule;
  • (f) refrains from offering the raw milk for sale until:
    • (i) the department or a third party certified by the department tests each batch of raw milk for standard plate count and coliform count; and
    • (ii) the test results meet the minimum standards established for those tests;
  • (g)
    • (i) maintains a database of the raw milk sales; and
    • (ii) makes the database available to the Department of Health during the self-owned retail store's business hours for purposes of epidemiological investigation;
  • (h) ensures that the plant and retail store complies with Title 4, Chapter 5, Utah Wholesome Food Act, and the rules governing food establishments enacted under Section 4-5-9; and
  • (i) complies with all applicable rules adopted as authorized by this chapter.

• (4) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk and pasteurized milk at the same self-owned retail store if:
  • (a) the self-owned retail store is properly staffed; and
  • (b) the producer:
    • (i) meets the requirements of Subsections (2) and (3);
    • (ii) operates the self-owned retail store on the same property where the raw milk is produced; and
    • (iii) maintains separate, labeled, refrigerated display cases for raw milk and pasteurized milk.

• (5) A person who conducts a test required by Subsection (3) shall send a copy of the test results to the department as soon as the test results are available.

• (6)
  • (a) The department shall adopt rules, as authorized by Section 4-3-2, governing the sale of raw milk at a self-owned retail store.
  • (b) The rules adopted by the department shall include rules regarding:
    • (i) permits;
    • (ii) building and premises requirements;
    • (iii) sanitation and operating requirements, including bulk milk tanks requirements;
    • (iv) additional tests;
    • (v) frequency of inspections, including random cooler checks;
    • (vi) recordkeeping; and
    • (vii) packaging and labeling.
  • (c)
    • (i) The department shall establish and collect a fee for the tests and inspections required by this section and by rule in accordance with Section 63J-1-504.
    • (ii) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits and may only use the fees to administer and enforce this section.

• (7)
  • (a) The department shall suspend a permit issued under Section 4-3-8 if:
    • (i) two out of four consecutive samples or two samples in a 30-day period violate sample limits established under this section; or
    • (ii) a producer violates a provision of this section or a rule adopted as authorized by this section.
  • (b) The department may reissue a permit that has been suspended under Subsection (7)(a) if the producer has complied with all of the requirements of this section and rules adopted as authorized by this section.

• (8) For 2014 and 2015, the Department of Health and the Department of Agriculture and Food shall report on or before November 30th to the Natural Resources, Agriculture, and Environment Interim Committee on any health problems resulting from the sale of raw whole milk at self-owned retail stores.

• (9)
  • (a) If any subsection of this section or the application of any subsection to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of the section may not be given effect without the invalid subsection or application.
  • (b) The provisions of this section may not be severed.

Amended by Chapter 402, 2016 General Session