4-4-107. Exemptions from regulation.

363 words·~2 min read·/ut/title-4/chapter-4/4-4-107

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

Effective 5/1/2024

(1)Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department.

(2)The Department of Health and Human Services has the authority to investigate foodborne illness.

(3)The department may assist, consult, or inspect shell eggs and a small producer's operation when requested by a small producer.

(4)Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.

(5)The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:

(a)are addled or moldy; or

(b)contain:

(i)black spot;

(ii)black rot;

(iii)white rot;

(iv)blood ring;

(v)adherent yolk; or

(vi)a bloody or green albumen.

(6)A small producer that sells eggs wholesale shall notify the department about the small egg producer's operation, including:

(a)the operator's name;

(b)the operator's contact information;

(c)the species of egg products offered for sale; and

(d)other information required by department rule regarding notification.

(7)The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(a)govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale;

(b)establish notification requirements in accordance with Subsection (6); and

(c)establish inspection requirements for small producers that request an inspection under Subsection (3).

(8)Eggs sold by a small producer in accordance with this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.

Amended by Chapter 90 , 2024 General Session