Rules and Regulations

Utah Code tit. 4, ch. 4-3, pt. 4-3-P2

in effect

Utah Code § 4-3-201 Authority to make and enforce rules.

4-3-201. Authority to make and enforce rules. The department is authorized and directed, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to carry out the purposes of this chapter. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-202 Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection.

4-3-202. Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection. (1) While nothing in this chapter shall impair the authority of any town, city, or county to regulate the production, handling, storage, distribution, or sale of dairy products, frozen dairy products, grade A milk, grade A milk products, or milk, within their respective jurisdictions, a common standard as prescribed by the department shall be followed in such jurisdictions. (2) If a town, city, or county elects to enforce this chapter, the department shall accept its findings relative to inspections in lieu of making its own inspections, but the department may evaluate the effectiveness of any local inspection program. (3) If a town, city, or county intends to cease making inspections under this chapter, it shall notify the department of its intent to cease inspection at least one year in advance of the actual cessation of inspection. (4) Upon request, the commissioner shall cooperate with other state agencies, towns, cities, counties, and federal authorities in the administration and enforcement of this chapter. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-203 Authority to inspect premises.

4-3-203. Authority to inspect premises. (1) The department may inspect any premises where dairy products are produced, manufactured, processed, stored, or held for distribution, at reasonable times and places, to determine whether the premises are in compliance with this chapter and the rules adopted according to it. (2) If the department is denied access, it may proceed immediately to the nearest court of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of the premises. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-204 Authority to collect samples -- Receipt -- Names of distributors.

4-3-204. Authority to collect samples -- Receipt -- Names of distributors. (1) Samples of dairy products from each dairy farm or processing plant may be secured and examined as often as deemed necessary by the department. (2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other places where dairy products are sold may be secured and examined as often as deemed necessary by the department. (3) Samples of milk or dairy products may be taken by the department at any time before final delivery to the consumer. (4) The department shall provide a signed receipt for all samples taken showing the date of sampling and the amount and kind of sample taken; provided, that the department is not liable to any person for the cost of any sample taken. (5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the department, upon request, with the names of all distributors from whom dairy products are obtained. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-205 Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment.

4-3-205. Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment. (1) The department may condemn or embargo any milk or dairy product which is adulterated, misbranded, or not produced or processed in accordance with this chapter. (2) The department may condemn the use of any equipment, tank, or container used to produce, process, manufacture, or transport milk or dairy products that it finds, upon inspection, to be unclean or contaminated. (3) The department may mark or tag any condemned equipment, tank, or container with the words "this (equipment, tank, or container) is unfit to contain human food." (4) Condemned milk shall be decharacterized or denatured with harmless coloring or rennet by the department. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-3-206 Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules.

4-3-206. Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules. (1) Milk shall be tested and measured in accordance with: (a) the latest edition of "Association of Official Analytical Chemists"; (b) the latest edition of "Standard Methods for Examination of Dairy Products"; (c) other publications accepted by the department; or (d) methods prescribed by the department. (2) A processor or manufacturer shall perform quality work in accordance with the rules adopted by the department. 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-P2.html?v=C4-3-P2_2017050920170701Fetched: 10/26/2026