Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 134 (2020GS)

Sponsor

Rep. Coleman, K.

Final action

Governor Signed 3/31/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• allows the manufacturing, distribution, and sale of certain products produced from raw milk under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

RAW MILK PRODUCTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim F. Coleman
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill provides for the manufacturing, distribution, and sale of certain products
produced from raw milk under certain circumstances.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows the manufacturing, distribution, and sale of certain products produced from
raw milk under certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-3-301
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-3-503
, as last amended by Laws of Utah 2018, Chapter 279
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-3-301
 is amended to read:
4-3-301.
Licenses and permits -- Application -- Fee -- Expiration -- Renewal.
(1) Application for a license to operate a plant, manufacture butter or cheese,
pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
dairy products shall be made to the department upon forms prescribed and furnished by [
it
] 
the
department
.
(2) Upon receipt of a proper application, compliance with [
all
] 
the
 applicable rules, and
payment of a license fee determined by the department according to Subsection 
4-2-103
(2), the
commissioner, if satisfied that the public convenience and necessity and the industry will be
served, shall issue an appropriate license to the applicant subject to suspension or revocation
for cause.
(3) [
Each
] 
A
 license issued under this section expires at midnight on December 31 of
each year.
(4) A license to operate a plant, manufacture butter or cheese, pasteurize milk, test milk
for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is renewable
for a period of one year upon the payment of an annual license renewal fee determined by the
department according to Subsection 
4-2-103
(2) on or before December 31 of each year.
(5) [
Application
] 
Notwithstanding the requirements of Subsection (1), application
 for a
permit or certificate to produce milk 
or a raw milk product, as that term is defined in Section
4-3-503
,
 shall be made to the department on forms prescribed and furnished by [
it
] 
the
department
.
(6) (a) Upon receipt of a proper application and compliance with [
all
] applicable rules,
the commissioner shall issue a permit entitling the applicant to engage in the business of
producer, subject to suspension or revocation for cause.
(b) [
No
] 
A
 fee may 
not
 be charged by the department for issuance of a permit or
certificate.
Section 2. Section 
4-3-503
 is amended to read:
4-3-503.
Sale of raw milk products -- 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) "Raw milk product" means raw milk, cream produced from raw milk, and butter
produced from raw milk.
[
(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) Except as provided in Subsection (5), 
a
 raw milk 
product
 may be manufactured,
distributed, sold, delivered, held, stored, or offered for sale if:
(a) the producer obtains a permit from the department to produce 
the raw
 milk 
product
under Subsection 
4-3-301
[
(5)
]
(6)
;
(b) the sale and delivery of the 
raw
 milk 
product
 is made upon the premises where the
raw
 milk 
product
 is produced, except as provided by Subsection (3);
(c) the raw milk 
product
 is sold to consumers for household use and not for resale;
(d) the raw milk 
product
 is bottled or packaged under sanitary conditions and in
sanitary containers on the premises where the raw milk 
product
 is produced;
(e) the raw milk 
product
 is labeled "raw milk 
product
" and meets the labeling
requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;
(f) the raw milk 
used to produce the raw milk product
 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 
or used to produce the raw milk product
;
(g) the bacterial count of the raw milk 
used to produce the raw milk product
 does not
exceed 20,000 colony forming units per milliliter;
(h) the coliform count of the raw milk 
used to produce the raw milk product
 does not
exceed 10 colony forming units per milliliter;
(i) the production of the raw milk 
product
 conforms to departmental rules for the
production of grade A milk 
products
;
(j) [
all
] 
the
 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, 
packaging,
 handling, or sale of the raw milk 
product
 is free from communicable
disease.
(3) A producer may distribute, sell, deliver, hold, store, or offer for sale 
a
 raw milk
product
 at a self-owned retail store, [
which
] 
that
 is properly staffed, or from a mobile unit
where the raw milk 
product
 is maintained through mechanical refrigeration at 41 degrees
Fahrenheit or a lower temperature, if, in addition to the requirements of Subsection (2), the
producer:
(a) transports the raw milk 
product
 from the premises where the raw milk 
product
 is
produced to the self-owned retail store in a refrigerated truck where the raw milk 
product
 is
maintained at 41 degrees Fahrenheit or a lower temperature;
(b) retains ownership of the raw milk 
product
 until it is sold to the final consumer,
including transporting the raw milk 
product
 from the premises where the raw milk 
product
 is
produced to the self-owned retail store without any:
(i) intervening storage;
(ii) change of ownership; or
(iii) loss of physical control;
(c) stores the raw milk 
product
 at 41 degrees Fahrenheit or a lower temperature in a
display case equipped with a properly calibrated thermometer at the self-owned retail store;
(d) places a sign above each display case that contains 
a
 raw milk 
product
 at the
self-owned retail store that:
(i) is prominent;
(ii) is easily readable by a consumer;
(iii) reads in print that is no smaller than .5 [
inches
] 
inch
 in bold type, "This milk
product
 is raw and unpasteurized. Please keep refrigerated
.
"; and
(iv) meets any other requirement established by the department by rule;
(e) labels the raw milk 
product
 with:
(i) a date, no more than nine days after the raw milk 
product
 is produced, by which the
raw milk 
product
 should be sold;
(ii) the statement "Raw milk 
products
, 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 
product
 for sale until:
(i) the department or a third party certified by the department tests each batch of raw
milk 
used to produce a raw milk product
 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 
product
 sales; and
(ii) makes the database available to the Department of Health during the self-owned
retail store'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 
4-5-301
; and
(i) complies with [
all
] 
the
 applicable rules adopted as authorized by this chapter.
(4) A producer may distribute, sell, deliver, hold, store, or offer for sale 
a
 raw milk
product
 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
product
 is produced; and
(iii) maintains separate, labeled, refrigerated display cases for raw milk 
products
 and
pasteurized milk.
(5) A producer may, without meeting the requirements of Subsection (2), sell up to 120
gallons of raw milk per month if:
(a) the sale is directly to an end consumer, for household use and not for resale;
(b) the sale and delivery of the 
raw
 milk is made upon the premises where the 
raw
 milk
is produced;
(c) the producer labels the raw milk with:
(i) the producer's name and address;
(ii) a date, no more than nine days after the raw milk is produced, by which the raw
milk should be sold;
(iii) 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
(iv) handling instructions to preserve quality and avoid contamination or spoilage;
(d) the raw milk is:
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
drawn from the animal; and
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
animal;
(e) the producer conducts a monthly test ensuring the coliform count of the raw milk
does not exceed 10 colony-forming units per milliliter;
(f) [
all
] 
the
 dairy animals on the producer's premises are free of tuberculosis,
brucellosis, and other diseases carried through milk;
(g) the producer maintains records of tests and sales for a minimum of two years; and
(h) the producer notifies the department of the producer's intent to sell raw milk
pursuant to this Subsection (5) and includes in the notification the producer's name and
address.
(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.
(7) (a) The department shall adopt rules, as authorized by Section 
4-3-201
, governing
the sale of raw milk 
products
 at a self-owned retail store.
(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) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.
[
(c)
] 
(d)
 (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.
(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
(8)(a) if the producer has complied with all of the requirements of this section and rules
adopted as authorized by this section.
(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.
(10) Nothing in this chapter shall be construed to impede the Department of Health or
the Department of Agriculture and Food in investigation of foodborne illness.
(11) The department shall issue a cease and desist order to a producer linked to a
foodborne illness and shall stop sale [
on
] 
of a raw
 milk 
product
 currently being sold.
(12) The order shall remain in effect until the department verifies that the producer:
(a) adheres to [
all of the provisions of
] this section; and
(b) has three consecutive clean tests of the 
raw
 milk 
product
.
(13) In addition to [
the provisions of
] Subsections (11) and (12), if a producer's 
raw
milk product has been linked to a foodborne illness outbreak, and the department finds that the
producer has violated the applicable provisions of this section, the department may impose
upon the producer the following administrative penalties:
(a) upon the first violation, a penalty of no more than $300;
(b) upon a second violation, a penalty of no more than $750; and
(c) upon a third or subsequent violation a penalty of no more than $1,500.