Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 108 Second Substitute (2018GS)

Sponsor

Sen. Hinkins, D.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• allows the sale of raw milk at a farmer's market under certain conditions;
• allows the sale of raw milk from a mobile refrigerated truck under certain conditions;
• allows the sale of a limited amount of raw milk to be exempt from certain regulations; and
• makes technical changes.

Every vote on this bill

Bill text

RAW MILK AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
 Eric K. Hutchings
LONG TITLE
General Description:
This bill modifies provisions relating to the sale of raw milk.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows the sale of raw milk at a farmer's market under certain conditions;
▸ allows the sale of raw milk from a mobile refrigerated truck under certain
conditions;
▸ allows the sale of a limited amount of raw milk to be exempt from certain
regulations; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-3-503
, as renumbered and amended by Laws of Utah 2017, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-3-503
 is amended to read:
4-3-503.
Sale of raw milk -- Suspension of producer's permit -- Severability not
permitted.
(1) As used in this section:
(a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
(b) "Farmer's market" means a market where producers of food products sell only
fresh, raw, whole, unprocessed, and unprepared food items directly to the final consumer.
[
(b)
] 
(c)
 "Self-owned retail store" means a retail store:
(i) of which the producer owns at least 51% of the value of the real property and
tangible personal property used in the operations of the retail store; or
(ii) for which the producer has the power to vote at least 51% of any class of voting
shares or ownership interest in the business entity that operates the retail store.
(2) [
Raw
] 
Except as provided in Subsection (5), raw
 milk may be manufactured,
distributed, sold, delivered, held, stored, or offered for sale if:
(a) the producer obtains a permit from the department to produce milk under
Subsection 
4-3-301
(5);
(b) the sale and delivery of the milk is made upon the premises where the milk is
produced, except as provided by Subsection (3);
(c) the raw milk is sold to consumers for household use and not for resale;
(d) the raw milk is bottled or packaged under sanitary conditions and in sanitary
containers on the premises where the raw milk is produced;
(e) the raw milk is labeled "raw milk" and meets the labeling requirements under 21
C.F.R. Parts 101 and 131 and rules established by the department;
(f) the raw milk is:
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
drawn from the animal;
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
animal; and
(iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is
delivered to the consumer;
(g) the bacterial count of the raw milk does not exceed 20,000 colony forming units per
milliliter;
(h) the coliform count of the raw milk does not exceed 10 colony forming units per
milliliter;
(i) the production of the raw milk conforms to departmental rules for the production of
grade A milk;
(j) all dairy animals on the premises are:
(i) permanently and individually identifiable; and
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
(k) any person on the premises performing any work in connection with the production,
bottling, handling, or sale of the raw milk is free from communicable disease.
(3) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk at a
self-owned retail store, which is properly staffed, 
from a mobile refrigerated truck where the
raw milk is maintained at 41 degrees Fahrenheit or a lower temperature, or at a farmer's market,
if, in addition to the requirements of Subsection (2), the producer:
(a) transports the raw milk from the premises where the raw milk is produced to the
self-owned retail store 
or farmer's market
 in a refrigerated truck where the raw milk is
maintained at 41 degrees Fahrenheit or a lower temperature;
(b) retains ownership of the raw milk until it is sold to the final consumer, including
transporting the raw milk from the premises where the raw milk is produced to the self-owned
retail store 
or farmer's market
 without any:
(i) intervening storage;
(ii) change of ownership; or
(iii) loss of physical control;
(c) stores the raw milk at 41 degrees Fahrenheit or a lower temperature in a display
case equipped with a properly calibrated thermometer at the self-owned retail store 
or farmer's
market
;
(d) places a sign above each display case that contains raw milk at the self-owned retail
store 
or farmer's market
 that:
(i) is prominent;
(ii) is easily readable by a consumer;
(iii) reads in print that is no smaller than .5 inches in bold type, "This milk is raw and
unpasteurized. Please keep refrigerated"; and
(iv) meets any other requirement established by the department by rule;
(e) labels the raw milk with:
(i) a date, no more than nine days after the raw milk is produced, by which the raw
milk should be sold;
(ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
(iii) handling instructions to preserve quality and avoid contamination or spoilage;
(iv) by January 1, 2017, a specific colored label as determined by the department by
rule; and
(v) any other information required by rule;
(f) refrains from offering the raw milk for sale until:
(i) the department or a third party certified by the department tests each batch of raw
milk for standard plate count and coliform count; and
(ii) the test results meet the minimum standards established for those tests;
(g) (i) maintains a database of the raw milk sales; and
(ii) makes the database available to the Department of Health during the self-owned
retail store's 
or farmer's market's
 business hours for purposes of epidemiological investigation;
(h) ensures that the plant and retail store complies with Chapter 5, Utah Wholesome
Food Act, and the rules governing food establishments enacted under Section [
4-5-401
]
4-5-301
; and
(i) complies with all applicable rules adopted as authorized by this chapter.
(4) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk and
pasteurized milk at the same self-owned retail store if:
(a) the self-owned retail store is properly staffed; and
(b) the producer:
(i) meets the requirements of Subsections (2) and (3);
(ii) operates the self-owned retail store on the same property where the raw milk is
produced; and
(iii) maintains separate, labeled, refrigerated display cases for raw milk and pasteurized
milk.
(5) A producer may, without meeting the requirements of Subsection (2), sell up to 120
gallons of raw milk per month directly to a consumer if:
(a) the sale is for household use and not for resale;
(b) the sale and delivery of the milk is made upon the premises where the milk is
produced; and
(c) the producer labels the raw milk with:
(i) a date, no more than nine days after the raw milk is produced, by which the raw
milk should be sold;
(ii) the statement "This raw milk has not been licensed or inspected by the state of
Utah. Raw milk, no matter how carefully produced, may be unsafe."; and
(iii) handling instructions to preserve quality and avoid contamination or spoilage.
[
(5)
] 
(6)
 A person who conducts a test required by Subsection (3) shall send a copy of
the test results to the department as soon as the test results are available.
[
(6)
] 
(7)
 (a) The department shall adopt rules, as authorized by Section 
4-3-201
,
governing the sale of raw milk at a self-owned retail store 
or farmer's market
.
(b) The rules adopted by the department shall include rules regarding:
(i) permits;
(ii) building and premises requirements;
(iii) sanitation and operating requirements, including bulk milk tanks requirements;
(iv) additional tests;
(v) frequency of inspections, including random cooler checks;
(vi) recordkeeping; and
(vii) packaging and labeling.
(c) (i) The department shall establish and collect a fee for the tests and inspections
required by this section and by rule in accordance with Section 
63J-1-504
.
(ii) Notwithstanding Section 
63J-1-504
, the department shall retain the fees as
dedicated credits and may only use the fees to administer and enforce this section.
[
(7)
] 
(8)
 (a) The department shall suspend a permit issued under Section 
4-3-301
 if:
(i) two out of four consecutive samples or two samples in a 30-day period violate
sample limits established under this section; or
(ii) a producer violates a provision of this section or a rule adopted as authorized by
this section.
(b) The department may reissue a permit that has been suspended under Subsection
[
(7)
] 
(8)
(a) if the producer has complied with all of the requirements of this section and rules
adopted as authorized by this section.
[
(8)
] 
(9)
 (a) If any subsection of this section or the application of any subsection to any
person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
the remainder of the section may not be given effect without the invalid subsection or
application.
(b) The provisions of this section may not be severed.
Legislative Review Note
Office of Legislative Research and General Counsel