Unlawful Acts

Utah Code tit. 4, ch. 4-3, pt. 4-3-P4

in effect

Utah Code § 4-3-401 Unlawful acts specified.

4-3-401. Unlawful acts specified. It is unlawful for any person in this state to: (1) operate a plant without a permit issued by the department; (2) market milk without a certificate issued by the department; (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk in bulk without a special permit to perform the particular activity designated in this Subsection (3); unless if more than one person working in a plant is engaged in the performance of a single activity designated in this Subsection (3), the person who directs the activity is permitted; (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or misbranded dairy product; (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product without a permit or certificate required by this chapter; (6) sell or offer for sale any milk not intended for human consumption unless it is denatured or decharacterized in accordance with the rules of the department; (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a dairy product; (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious diseases communicable to humans in any place where they may come in contact with cows or other milking animals; (9) draw milk for human food from cows or other milking animals that are infected with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that will produce milk that is adulterated; (10) accept or process milk from any producer without verification that the producer holds a valid permit or certification or, if milk is accepted from out of the state, without verification that the producer holds a permit or certification from the appropriate regulatory agency of that state; (11) use any contaminated or unclean equipment or container to process, manufacture, distribute, deliver, or sell a dairy product; (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any equipment, tank, or container by the department except to clean and sanitize it; (13) use any tank or container used for the transportation of milk or other dairy products that is unclean or contaminated; (14) refuse to allow the department to take samples for testing; or (15) prohibit adding vitamin compounds in the processing of milk and dairy products in accordance with rules of the department. Amended by Chapter 528, 2023 General Session

Utah Code § 4-3-402 Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.

4-3-402. Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products. (1) As used in this section: (a) "liquid dairy product" means a milk container which contains a pint of milk or less; and (b) "novelty ice cream" means a package or container of ice cream which contains eight fluid ounces or less. (2) Except as provided in Subsections (3) and (4), no processor, manufacturer, distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish, service, repair, give, lease, sell, or loan to a retailer or consumer any: (a) money; (b) equipment; (c) fixtures, including ice cream cabinets or bulk milk dispensers; (d) supplies, excluding expendable supplies commonly provided in connection with the sale of dairy products to a consumer; or (e) other things having a real or substantial value. (3) (a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet: (i) is portable; (ii) has a storage capacity not exceeding 12 cubic feet; and (iii) is used solely for retail display sales of novelty ice cream. (b) Milk coolers may be loaned or sold to a retailer if the milk cooler: (i) is portable; (ii) has a storage capacity not exceeding 12 cubic feet; and (iii) is used solely for retail display sales of liquid dairy products. (4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in any one period of three consecutive months. (5) (a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell, or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor or receive anything of value from a processor, manufacturer, or distributor in exchange for shelf or refrigerator space for dairy products. (b) Subsection (5)(a) does not apply to a dairy by-product that is: (i) a short-term special; or (ii) a new product being introduced on a trial basis for a period not to exceed 45 days. (c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3). Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-403 Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized.

4-3-403. Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized. (1) (a) The commissioner is authorized to apply to any court of competent jurisdiction for a temporary restraining order or injunction restraining any person from violating this chapter. (b) No bond shall be required of the department in any proceeding brought under this subsection. (2) (a) In addition to penalties provided in this chapter, any person who suffers or is threatened with injury from any existing or threatened violation of Section 4-3-402 may commence an action in any court of competent jurisdiction for damages and, if proper, injunctive relief. (b) Any organized and existing trade association, whether incorporated or not, is authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in interest, on behalf of one or more of its members if the violation of Section 4-3-402 directly or indirectly affects a member. Renumbered and Amended by Chapter 345, 2017 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title4/Chapter3/4-3-P4.html?v=C4-3-P4_2017050920170701Fetched: 10/26/2026