4-3-606. Foodborne illness outbreak -- Cease and desist.

770 words·~4 min read·/ut/title-4/chapter-3/4-3-606

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Effective 5/6/2026

(a)Nothing in this chapter shall impede the Department of Health and Human Services or the department in an investigation of a foodborne illness outbreak.

(b)Notwithstanding Subsection (1)(a) , if the Department of Health and Human Services or the department uses a survey to determine whether there is a foodborne illness outbreak linked to raw milk or a raw milk product, the survey shall include questions that probe the common sources of the implicated pathogen for the foodborne illness outbreak.

(a)The department shall issue a cease and desist order to a producer prohibiting the sale of raw milk or a raw milk product if after the investigation of a foodborne illness outbreak the department links the foodborne illness outbreak to a producer pending testing required by Subsection

(4).

(b)For purposes of the cease and desist order, to positively link a producer to a foodborne illness outbreak, the department shall produce evidence from the investigation under Subsection

(1)that the foodborne illness outbreak originated with the producer's raw milk or raw milk product.

(c)A producer who receives a cease and desist order from the department shall stop the sale of the raw milk product named in the cease and desist order.

(a)Subject to the requirements of Subsection (3)(b) , the following may notify the public of a foodborne illness outbreak linked to raw milk or a raw milk product:

(i)the department;

(ii)the Department of Health and Human Services in accordance with Section 26B-1-202 ; and

(iii)a local health department.

(b)Before an agency listed in Subsection (3)(a) may publicly disclose a producer's name or identifying information, the department shall notify the producer that the department has linked the producer to a foodborne illness outbreak with a positive whole genome sequencing test.

(c)Before publicly disclosing a producer's name or identifying information under Subsection (3)(b) , the Department of Health and Human Services or a local health department shall verify that the department notified the producer that the department has linked the producer to a foodborne illness with a positive whole genome sequencing test.

(a)A cease and desist order shall remain in effect until the department:

(i)verifies that the producer who is subject to the cease and desist order adheres to this part and has three consecutive tests of the raw milk product that show that the raw milk product meets the standards described in Subsections 4-3-603(1) and

(2)and is free of the pathogens listed in Subsection 4-3-603(3) ; or

(ii)receives a genome sequencing test result that demonstrates that the producer's raw milk product is not linked to the foodborne illness outbreak that is the subject of the cease and desist order.

(b)The department shall notify a producer who is subject to a cease and desist order that the cease and desist order is not in effect within one working day of the conditions of Subsection (4)(a) being met.

(a)The department shall collect a sample within two working days of issuing a cease and desist order for the purpose of the department testing or submitting the sample to a laboratory for testing, at the discretion of the producer:

(i)for purposes of testing for a pathogen listed in Subsection 4-3-603(3) ; and

(ii)if the department wants to publicly disclose a producer's name or identifying information under Subsection

(3), whole genome sequencing testing.

(b)For purposes of a test described in Subsection (4)(a)(i) , the department shall collect a sample for each test within two working days of the producer requesting that a sample be collected.

(c)The time between the department collecting the sample under Subsection (5)(a)(ii) and the department notifying the producer of whole genome sequencing test results may not exceed 15 working days unless, before the 15-working day period expires, the department notifies the producer in writing that the department requires additional time to notify the producer of the whole genome sequencing test results.

(i)Upon the producer's request and the producer being liable for the costs of the second laboratory, the department shall have the sample collected under Subsection (5)(a) analyzed by two laboratories.

(ii)The producer shall select the second laboratory from a list of laboratories approved by the department.

(6)Upon written request by a producer with a cease and desist order, the department shall provide the producer information on how to request a hearing regarding the department's decision to issue the cease and desist order.

Enacted by Chapter 450 , 2026 General Session