4-5-102. Definitions.

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

Effective 5/7/2025

As used in this chapter:

(1)"Advertisement" means a representation, other than by labeling, made to induce the purchase of food.

(a)"Color additive":

(i)means a dye, pigment, or other substance not exempted under the federal act that, when added or applied to a food, is capable of imparting color; and

(ii)includes black, white, and intermediate grays.

(b)"Color additive" does not include a pesticide chemical, soil or plant nutrient, or other agricultural chemical that imparts color solely because of the chemical's effect, before or after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of any plant life.

(a)"Consumer commodity" means a food, as defined by this chapter, or by the federal act.

(b)"Consumer commodity" does not include:

(i)a commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;

(ii)a commodity subject to Chapter 16, Utah Seed Act ;

(iii)a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;

(iv)a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec. 451 et seq.;

(v)a tobacco or tobacco product; or

(vi)a beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.

(4)"Contaminated" means not securely protected from dust, dirt, or foreign or injurious agents.

(a)"Cultivated meat product" means a meat, as defined in Section 4-32-105 , or another food or food product that is:

(i)produced by cultivating or culturing an animal cell in vitro; and

(ii)used for human consumption.

(b)"Cultivated meat product" includes poultry, fish, and other livestock, as defined in Section 4-7-103 , that meets the requirements of Subsection (5)(a).

(a)"Farm" means an agricultural operation, under management by one entity, that grows or harvests crops.

(b)"Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a) or 21 C.F.R. 112.5.

(7)"Farmers market" means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.

(8)"Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.

(9)"Food" means:

(a)an article used for food or drink for human or animal consumption or the components of the article;

(b)chewing gum or chewing gum components; or

(c)a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition.

(a)"Food additive" means a substance, the intended use of which results in the substance becoming a component, or otherwise affecting the characteristics, of a food.

(i)"Food additive" includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food.

(ii)"Food additive" does not include:

(A)a pesticide chemical in or on a raw agricultural commodity;

(B)a pesticide chemical that is intended for use or is used in the production, storage, or transportation of a raw agricultural commodity; or

(C)a substance used in accordance with a sanction or approval granted pursuant to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.

(a)"Food establishment" means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.

(b)"Food establishment" does not include:

(i)a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;

(ii)a farmers market; or

(iii)a food service establishment, as that term is defined in Section 26B-7-401 .

(12)"Label" means a written, printed, or graphic display on the immediate container of an article of food.

(13)"Labeling" means a label and other written, printed, or graphic display:

(a)on an article of food or the article of food's container or wrapper; or

(b)accompanying the article of food.

(14)"Official compendium" means the official documents or supplements to the:

(a)United States Pharmacopoeia;

(b)National Formulary; or

(c)Homeopathic Pharmacopoeia of the United States.

(a)"Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers.

(b)"Package" does not include:

(i)a package liner;

(ii)a shipping container or wrapping used solely for the transportation of a consumer commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail distributor; or

(iii)a shipping container or outer wrapping used by a retailer to ship or deliver a consumer commodity to a retail customer, if the container and wrapping bear no printed information relating to the consumer commodity.

(a)"Pesticide" means a substance intended:

(i)to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102 ; or

(ii)for use as a plant regulator, defoliant, or desiccant.

(b)"Pesticide" does not include:

(i)a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by the United States Secretary of Health and Human Services not to be a new animal drug by federal regulation establishing conditions of use of the drug; or

(ii)animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal drug.

(17)"Plant or insect based meat substitute" means a food or food product that:

(a)is plant or insect based;

(b)approximates the aesthetic qualities, primarily texture, flavor, and appearance, or the chemical characteristics of a type of meat, as defined in Section 4-32-105 , including fish; and

(c)does not include the flesh, offal, or other by-product of any part of the carcass of a live animal that has been slaughtered.

(18)"Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(19)"Produce" means a food that is a:

(a)fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and

(b)raw agricultural commodity.

(20)"Raw agricultural commodity" means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing.

(21)"Registration" means the commissioner's issuance of a certificate to a qualified food establishment.

(22)"Sprout" means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged.

Amended by Chapter 79 , 2025 General Session