4-5-401. Unlawful acts specified.

259 words·~1 min read·/ut/title-4/chapter-5/4-5-401

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

Effective 7/1/2017

(1)A person may not:

(a)manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded;

(b)adulterate or misbrand food;

(c)except as provided in Subsection

(2), distribute, in commerce, a consumer commodity inconsistent with the packaging and labeling requirements of this chapter, or the rules made under this chapter;

(d)sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section 4-5-301 ;

(e)disseminate false advertising;

(f)remove or dispose of detained or embargoed food in violation of Section 4-5-202 ;

(g)adulterate, mutilate, destroy, obliterate, or remove the food label which results in the food being misbranded or adulterated while the food is for sale;

(h)forge, counterfeit, simulate, or misrepresent a label or information, by the unauthorized use of a mark, stamp, tag, label, or other identification device;

(i)use or reveal a method, process, or information which is protected as a trade secret;

(j)operate a food establishment without a valid registration issued by the department; and

(k)refuse entry to an authorized agent of the department in a food establishment as required under Section 4-5-105 .

(2)Subsection (1)(c) does not apply to a person engaged in the wholesale or retail distribution of consumer commodities unless that person:

(a)is engaged in the packaging or labeling of consumer commodities; or

(b)prescribes or specifies the manner in which consumer commodities are packaged or labeled.

Renumbered and Amended by Chapter 345 , 2017 General Session