Labels and Regulations

Utah Code tit. 4, ch. 4-5, pt. 4-5-P2

in effect

Utah Code § 4-5-201 Labeling requirements -- Misbranded food specified.

4-5-201. Labeling requirements -- Misbranded food specified. (1) The department may require that a label contain specific written, printed, or graphic information which is: (a) displayed on the outside container or wrapper of a retail package of an article; or (b) easily legible through the outside container or wrapper. (2) Food is misbranded if: (a) its label is false or misleading in any way; (b) its labeling or packaging fails to conform with the requirements of Section 4-5-205; (c) it is offered for sale under the name of another food; (d) its container is so made, formed, or filled with packing material or air as to be misleading; or (e) it fails to conform with any requirement specified in this section. (3) (a) A food that is an imitation of another food shall bear a label, in type of uniform size and prominence, stating the word "imitation," and, immediately thereafter, the name of the food imitated. (b) If the state allows a cultivated meat product to be manufactured, sold, held or offered for sale, or distributed, a food that contains the cultivated meat product shall bear a term or phrase on a label in a place on the packaging that is reasonably certain to notify a consumer that the food contains a cultivated meat product. (c) A food that contains a plant or insect based meat substitute: (i) is not subject to Subsection (3)(a); and (ii) shall bear a term or phrase on a label in a place on the packaging that is reasonably certain to notify a consumer that the food contains a plant or insect based meat substitute. (d) The department shall interpret and enforce this Subsection (3) in a manner consistent with applicable federal statute and regulations. (e) The department may not enforce the requirements of Subsections (3)(b) and (c) on or before October 31, 2025. (4) (a) A food in package form shall bear a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. (b) The statement required by Subsection (4)(a)(ii) shall be separately and accurately stated in a uniform location upon the principal display panel of the label unless reasonable variations and exemptions for small packages are established by a rule made by the department. (c) A manufacturer or distributor of carbonated beverages who utilizes proprietary stock or a proprietary crown is exempt from Subsection (4)(a)(i) if the manufacturer or distributor files with the department: (i) a sworn affidavit giving a full and complete description of each area within the state in which beverages of the manufacturer's or distributor's manufacturing or distributing are to be distributed; and (ii) the name and address of the person responsible for compliance with this chapter within each of those areas. (5) Any word, statement, or other information required by this chapter to appear on the label or labeling shall be: (a) prominently placed on the label; (b) conspicuous in comparison with other words, statements, designs, or devices in the labeling; and (c) in terms which render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (6) If a food is represented as a food for which a definition and standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-207, it shall: (a) conform to the definition and standard; and (b) have a label bearing: (i) the name of the food specified in the definition and standard; and (ii) insofar as may be required by the rules, the common names of optional ingredients, other than spices, flavorings, and colorings, present in the food. (7) If a food is represented as a food for which a standard of quality has been prescribed by federal regulations or department rules as provided by Section 4-5-207, and its quality falls below the standard, its label shall bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standards. (8) If a food is represented as a food for which a standard of fill of container has been prescribed by federal regulations or department rules as provided by Section 4-5-207, and it falls below the applicable standard of fill, its label shall bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standard. (9) (a) Any food for which neither a definition nor standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-207 shall bear labeling clearly giving: (i) the common or usual name of the food, if any; and (ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. (b) To the extent that compliance with the requirements of Subsection (9)(a)(ii) is impractical or results in deception or unfair competition, exemptions shall be established by rules made by the department. (10) If a food is represented as a food for special dietary uses, its label shall bear the information concerning its vitamin, mineral, and other dietary properties as the department by rule prescribes. (11) (a) If a food bears or contains any artificial flavoring, artificial coloring, or chemical preservatives, its label shall state that fact. (b) If compliance with the requirements of Subsection (11)(a) is impracticable, exemptions shall be established by rules made by the department. (12) (a) The shipping container of any raw agricultural commodity bearing or containing a pesticide chemical applied after harvest shall bear labeling which declares the presence of the chemical in or on the commodity and the common or usual name and function of the chemical. (b) The declaration is not required while the commodity, having been removed from the shipping container, is being held or displaced for sale at retail out of the container in accordance with the custom of the trade. (13) A product intended as an ingredient of another food, when used according to the directions of the purveyor, may not result in the final food product being adulterated or misbranded. (14) The packaging and labeling of a color additive shall be in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the federal act. (15) (a) Subsections (6), (9), and (11) with respect to artificial coloring do not apply to butter, cheese, or ice cream. (b) Subsection (11) with respect to chemical preservatives does not apply to a pesticide chemical when used in or on a raw agricultural commodity. Amended by Chapter 79, 2025 General Session

Utah Code § 4-5-202 Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.

4-5-202. Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food. (1) (a) When an authorized agent of the department finds or has probable cause to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the agents shall affix to the food a tag or other appropriate marking, giving notice that: (i) the food is, or is suspected of being, adulterated or misbranded; (ii) the food has been detained or embargoed; and (iii) removal of the food is prohibited as provided in Subsection (1)(b). (b) No person may remove or dispose of detained or embargoed food by sale or otherwise until permission for removal or disposal is given by an agent of the department or the court. (2) (a) When food detained or embargoed under Subsection (1) has been found by an agent to be adulterated or misbranded, the department shall petition the district court in whose jurisdiction the food is detained or embargoed for an order of condemnation of the food. (b) When the agent has found that food so detained or embargoed is not adulterated or misbranded, the department shall remove the tag or other marking. (3) (a) If the court finds that detained or embargoed food is adulterated or misbranded, the food shall, after entry of the decree, be destroyed under the supervision of the agent. (b) If the adulteration or misbranding can be corrected by proper labeling or processing of the food, the court may by order direct that the food be delivered to the claimant for labeling or processing after: (i) entry of the decree; (ii) all costs, fees, and expenses have been paid; and (iii) a sufficient bond, conditioned that the food shall be properly labeled and processed, has been executed. (c) An agent of the department shall supervise, at the claimant's expense, the labeling or processing of the food. (d) The bond shall be returned to the claimant of the food upon: (i) representation to the court by the department that the food is no longer in violation of this chapter; and (ii) the expenses of supervision have been paid. (4) If an authorized agent of the department finds in any building or vehicle any perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized agent shall condemn or destroy the food or render it unsalable as human food. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-5-203 Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule.

4-5-203. Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule. (1) The department shall adopt rules exempting food from any labeling requirement of this chapter that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that the food is not adulterated or misbranded under this chapter upon removal from such processing, labeling or repacking establishment. (2) (a) Regulations now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in Subsection (1) are automatically effective in this state. (b) The department may adopt additional rules or amendments to existing rules concerning exemptions. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-5-204 Substances considered unsafe -- Authority in department to regulate quantity and use.

4-5-204. Substances considered unsafe -- Authority in department to regulate quantity and use. (1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, is considered to be unsafe for the purpose of application of Subsection 4-5-103(1)(b) unless: (i) there is in effect a rule adopted pursuant to this section or Section 4-5-104 limiting the quantity of the substance; and (ii) the use or intended use of the substance conforms to the terms prescribed by the rule. (b) While the rules relating to the substance are in effect, a food may not, by reason of bearing or containing the substance in accordance with the rules, be considered adulterated within the meaning of Subsection 4-5-103(1)(a). (2) The department may make rules, which may or may not be in accordance with regulations made under the federal act, prescribing: (a) tolerances, including zero tolerances, for: (i) added poisonous or deleterious substances; (ii) food additives; (iii) pesticide chemicals in or on raw agricultural commodities; or (iv) color additives; (b) exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities; or (c) conditions under which a food additive or a color additive may be safely used and exemptions when a food additive or color additive may be used solely for investigational or experimental purposes. (3) (a) The department may make these rules upon its own initiative or upon the petition of any interested party. (b) It is incumbent upon the petitioner to establish by data submitted to the department that the rule is necessary to protect the public health. (c) If the data furnished by the petitioner is not sufficient to allow the department to determine whether the rule should be made, the department may require additional data to be submitted. (d) Failure to comply with the request is sufficient grounds to deny the request. (4) In making the rules, the department shall consider, among other relevant factors, the following which the petitioner, if any, shall furnish: (a) the name and all pertinent information concerning the substance including: (i) where available; (ii) its chemical identity and composition; (iii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions; (iv) specimens of proposed labeling; and (v) all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect; (b) the probable composition of any substance formed in or on a food resulting from the use of the substance; (c) the probable consumption of the substance in the diet of man and animals, taking into account any chemically or pharmacologically related substance in the diet; (d) safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data; (e) the availability of any needed practicable methods of analysis for determining the identity and quantity of: (i) the substance in or on food; (ii) any substance formed in or on food because of the use of the substance; and (iii) the pure substance and all intermediates and impurities; and (f) facts supporting a contention that the proposed use of the substance will serve a useful purpose. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-5-205 Consumer commodities -- Labeling and packaging.

4-5-205. Consumer commodities -- Labeling and packaging. (1) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the regulations promulgated pursuant thereto: provided, that consumer commodities exempted from 15 U.S.C. Sec. 1453(a)(4) shall also be exempt from this Subsection (1). (2) The label of any package of a consumer commodity that bears a representation as to the number of servings of the commodity contained in the package shall bear a statement of the net quantity in terms of weight, measure, or numerical count for each serving. (3) (a) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Subsection (1), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. (b) Supplemental statements of net quantity of contents may not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. (4) (a) Whenever the department determines that rules other than those prescribed by Subsection (1) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate rules effective to: (i) establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing the commodity, but this Subsection (4) does not authorize any limitation on the size, shape, weight, dimensions, or number of packages that may be used to enclose any commodity; (ii) regulate the placement upon any package containing any commodity, or upon any label affixed to a commodity, of any printed matter stating or representing by implication that the commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of that package or the quantity of its contents; (iii) require that the label on each package of a consumer commodity bear: (A) the common or usual name of such consumer commodity, if any; and (B) if the consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this Subsection (4) shall be considered to require that any trade secret be divulged; or (iv) prevent the nonfunctional slack-fill of packages containing consumer commodities. (b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than: (i) protection of the contents of such package; or (ii) the requirements of machines used for enclosing the contents in such package; provided, that the department may adopt any rules promulgated according to the Fair Packaging and Labeling Act, 15 U.S.C. Sec. 1453. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-5-206 Food advertisement false or misleading.

4-5-206. Food advertisement false or misleading. An advertisement of a food is considered to be false if it is false or misleading in any way. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-5-207 Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits.

4-5-207. Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits. (1) (a) Definitions and standards of identity, quality and fill of container, now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the definitions and standards of identity, quality and fill of container in this state. (b) The department may adopt rules establishing definitions and standards of identity, quality and fill of container for foods where no federal regulations exist and may promulgate amendments to any federal regulations or state rules that set definitions and standards of identity, quality and fill of container for foods. (2) (a) Temporary permits granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under the conditions provided in the permits. (b) The department may issue additional permits where they are necessary for the completion or conclusiveness of an otherwise adequate investigation and where the interests of consumers are safeguarded. (c) Permits are subject to the terms and conditions the department may prescribe by rule. 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/Chapter5/4-5-P2.html?v=C4-5-P2_2017050920170701Fetched: 10/26/2026