4-3-607. Department rulemaking -- Fees -- Penalties and enforcement.

318 words·~1 min read·/ut/title-4/chapter-3/4-3-607

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall include rules regarding:

(i)permits;

(ii)building and premises requirements;

(iii)sanitation and operating requirements, including bulk milk tank requirements;

(iv)additional tests;

(v)use of a third-party testing laboratory within or outside of the state;

(vi)frequency of inspections, including random cooler checks;

(vii)recordkeeping; and

(viii)packaging and labeling.

(b)The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.

(c)A producer operating under Section 4-3-608 or 4-3-609 is exempt from a rule made by the department under this part.

(a)The department may establish and collect a fee in accordance with Section 63J-1-504 for the testing or an inspection conducted in accordance with this part.

(b)Notwithstanding Section 63J-1-504 , the department shall retain the fee imposed under this Subsection

(2)as a dedicated credit and may only use the fee to administer and enforce this part.

(a)If the Department of Health and Human Services or the department links a producer's raw milk or raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this part, the department may impose upon the producer the following administrative penalties:

(i)upon the first violation, a penalty of no more than $300;

(ii)upon a second violation, a penalty of no more than $750; and

(iii)upon a third or subsequent violation, a penalty of no more than $1,500.

(b)The department may impose the penalties described in Subsection (2)(a) in addition to:

(i)suspending a permit under Section 4-3-605 ; or

(ii)issuing a cease and desist order under Section 4-3-606 .

Enacted by Chapter 450 , 2026 General Session