Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 181 Second Substitute (2018GS)

Sponsor

Rep. Roberts, M.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• states that home-based producers may be exempt from certain state, county, or city regulations regarding the preparation, serving, use, consumption, or storage of food and food products that are:
• produced and sold within the state;
• sold directly to an informed final consumer; and
• for home consumption.

Every vote on this bill

Bill text

HOME CONSUMPTION AND HOMEMADE FOOD ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
Daniel Hemmert
Cosponsors:
Kim F. Coleman
Brian M. Greene
Ken Ivory
Michael S. Kennedy
A. Cory Maloy
Michael E. Noel
Jeremy A. Peterson
Adam Robertson
Christine F. Watkins
LONG TITLE
General Description:
This bill modifies Title 4, Utah Agricultural Code.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ states that home-based producers may be exempt from certain state, county, or city
regulations regarding the preparation, serving, use, consumption, or storage of food
and food products that are:
• produced and sold within the state;
• sold directly to an informed final consumer; and
• for home consumption.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
4-5a-101
, Utah Code Annotated 1953
4-5a-102
, Utah Code Annotated 1953
4-5a-103
, Utah Code Annotated 1953
4-5a-104
, Utah Code Annotated 1953
4-5a-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-5a-101
 is enacted to read:
CHAPTER 5a. HOME CONSUMPTION AND HOMEMADE FOOD ACT
 4-5a-101.
Title.
This chapter is known as the "Home Consumption and Homemade Food Act."
Section 2. Section 
4-5a-102
 is enacted to read:
 4-5a-102.
Definitions.
For purposes of this chapter:
(1) (a) "Commercial establishment" means a wholesale or retail business that displays,
sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics.
(b) "Commercial establishment" does not include a:
(i) direct-to-sale location; or
(ii) direct-to-sale farmers market.
(2) "Direct-to-sale farmers market" means a public or private facility or area where
producers gather on a regular basis to sell directly to an informed final consumer fresh food,
locally grown products, and other food items that have not been certified, licensed, regulated,
or inspected by state or local authorities.
(3) "Direct-to-sale location" means a farm, ranch, direct-to-sale farmers market, home,
office, or any location agreed upon by both a producer and the informed final consumer where
a producer sells a food or food product to an informed final consumer.
(4) "Home consumption" means the use or ingestion of homemade food or a
homemade food product within a private home by a family member, an employee, or a
nonpaying guest.
(5) "Homemade food product" means a food product that is prepared in a private home
kitchen that can be used, or prepared for use, as food or nonalcoholic drink, subject to the
limitation described in Subsection 
4-5a-105
(1).
(6) "Informed final consumer" means an individual who:
(a) purchases the product directly from the producer;
(b) does not resell the product; and
(c) has been informed that the product is not certified, licensed, regulated, or inspected
by the state.
(7) "Producer" means a person who harvests or produces homemade food or a
homemade food product.
Section 3. Section 
4-5a-103
 is enacted to read:
 4-5a-103.
Regulation of a direct-to-sale farmers market.
(1) A direct-to-sale farmers market selling homemade food under this chapter shall:
(a) display signage indicating to an informed final consumer that the homemade food
and food products sold by producers at the market have not been certified, licensed, regulated,
or inspected by state or local authorities; and
(b) only include products for sale that have not been certified, licensed, regulated, or
inspected by state or local authorities.
(2) If the direct-to-sale farmers market is in any way associated with a farmers market
as defined in Subsection 
4-5-102
(5), the direct-to-sale farmers market section selling
homemade food under this chapter shall comply with the following requirements:
(a) the direct-to-sale farmers market section shall be separated from the farmers market
section; and
(b) the separate direct-to-sale farmers market section shall include signs or other
markings clearly indicating which space is the farmers market space offering inspected items
for sale and which space is the direct-to-sale farmers market space offering items that are
uninspected.
(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding the signage described in Subsection (1).
Section 4. Section 
4-5a-104
 is enacted to read:
 4-5a-104.
Home producer direct sales -- Exempt from regulation.
(1) A producer is exempt from state, county, or city licensing, permitting, certification,
inspection, packaging, and labeling requirements, except as described in this section, related to
the preparation, serving, use, consumption, or storage of food and food products if:
(a) the producer complies with the requirements of this chapter; and
(b) the homemade food or homemade food product is:
(i) produced and sold within the state;
(ii) sold directly to an informed final consumer;
(iii) for home consumption; and
(iv) not exempted under Subsection 
4-5a-105
(1).
(2) Notwithstanding Subsection (1), a producer shall comply with business license
requirements pursuant to Section 
10-1-203
.
(3) Food or food products sold under this section shall be labeled with:
(a) the producer's name and address;
(b) a disclosure statement indicating that the product is:
(i) not for resale; and
(ii) processed and prepared without state or local inspection; and
(c) a statement listing whether the food or food product contains, or was prepared in a
location that also handles, common allergens including milk, soy, wheat, eggs, peanuts or tree
nuts, fish, or shellfish.
(4) (a) Except as provided in Subsection (4)(b), homemade food or a homemade food
product that is exempt from certain regulations as described in this chapter may not be sold to,
or used by, a restaurant or commercial establishment.
(b) A producer may sell a raw, unprocessed fruit or vegetable to a restaurant or
commercial establishment.
(5) A producer selling homemade food or homemade food products exempt under this
section shall inform the final consumer that the food or food product is not certified, licensed,
regulated, or inspected by the state or any county or city.
Section 5. Section 
4-5a-105
 is enacted to read:
 4-5a-105.
Limitations.
(1) This chapter does not apply to the sale of:
(a) raw dairy or raw dairy products; or
(b) meat products, with the following exceptions:
(i) the sale of poultry and poultry products if the producer:
(A) slaughters no more than 1,000 birds per year in accordance with the United States
Department of Agriculture 1,000 bird exemption; and
(B) follows the United States Department of Agriculture's, Food Safety and Inspection
Service document titled "Guidance for Determining Whether A Poultry Slaughter or Processing
Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act";
and
(ii) the sale of domesticated rabbit meat, pending approval from the United States
Department of Agriculture that the state's role in meat inspection is preserved.
(2) Nothing in this chapter:
(a) means that the department relinquishes its authority to administer the state's
program at a standard level at least equal to the standards imposed under the Federal Meat and
Poultry Products Inspection Act;
(b) shall be construed to impede the Department of Health in an investigation of
foodborne illness;
(c) prohibits a state agency from providing assistance, consulting, or inspecting when
requested by a producer; or
(d) affects the authority of the Department of Health or the Department of Agriculture
and Food to certify, license, regulate, or inspect food or food products that are not exempt from
certification, licensing, regulation, or inspection as described in this chapter.
(3) The department may not, by rule, impose an additional limit, requirement, or
restriction on a producer selling food or a food product under this chapter.