Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 529 First Substitute (2023GS)

Sponsor

Rep. Chew, S.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows the Department of Agriculture and Food, the Department of Health and Human Services, and local health departments to obtain records related to a customer's shopping history.

Every vote on this bill

Bill text

FOOD SHOPPING HISTORY REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill allows certain government agencies to obtain records related to a customer's
shopping history from food establishments. 
Highlighted Provisions:
This bill:
▸ allows the Department of Agriculture and Food, the Department of Health and
Human Services, and local health departments to obtain records related to a
customer's shopping history.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-5-105
, as last amended by Laws of Utah 2019, Chapter 32
26-15-9
, as enacted by Laws of Utah 1981, Chapter 126
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-5-105
 is amended to read:
4-5-105.
Inspection of premises and records -- Authority to take samples --
Inspection results reported.
(1) An authorized agent of the department, upon presenting appropriate credentials to
the owner, operator, or agent in charge, may:
(a) enter at reasonable times a factory, farm, warehouse, or establishment in which
food is manufactured, processed, packed, or held for introduction into commerce or after
introduction into commerce;
(b) enter a vehicle being used to transport or hold food in commerce;
(c) inspect at reasonable times and within reasonable limits and in a reasonable manner
a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
unfinished materials, containers, and labeling located within the factory, warehouse,
establishment, or vehicle;
(d) obtain samples necessary for the enforcement of this chapter if the department:
(i) pays the posted price for the sample if requested to do so; and
(ii) receives a signed receipt from the person from whom the sample is taken; and
(e) have access to and copy all records
:
(i) related to customer shopping histories from food establishments that track an
individual's shopping history; and
(ii)
 of carriers in commerce showing:
[
(i)
] 
(A)
 the movement in commerce of food;
[
(ii)
] 
(B)
 the holding of food during or after movement in commerce; and
[
(iii)
] 
(C)
 the quantity, shipper, and consignee of food.
(2) Evidence obtained under this section may not be used in a criminal prosecution of
the person from whom the evidence was obtained.
(3) A carrier is subject to the other provisions of this chapter by reason of the carrier's
receipt, carriage, holding, or delivery of food in the usual course of business as a carrier.
(4) After the inspection of a factory, warehouse, consulting laboratory, or other
establishment and before leaving the premises, the authorized agent making the inspection
shall give the owner, operator, or agent in charge a written report describing any conditions or
practices observed by the agent during the inspection which, in the agent's judgment, indicate
that a food in the establishment:
(a) consists in whole or in part of a filthy, putrid, or decomposed substance; or
(b) has been prepared, packed, or held under unsanitary conditions whereby the food
may have become contaminated with filth or been rendered injurious to health.
(5) A copy of the report required under Subsection (4) shall be sent promptly to the
department.
(6) If the authorized agent making the inspection of a factory, warehouse, or other
establishment has obtained a sample in the course of the inspection, the agent shall give to the
owner, operator, or agent in charge:
(a) a receipt describing the samples obtained; and
(b) if an analysis is made of the sample for the purpose of ascertaining whether the
food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise
unfit for food, a copy of the results of the analysis.
Section 2. Section 
26-15-9
 is amended to read:
26-15-9.
Impoundment of adulterated food products authorized -- Shopping
history.
(1)
 The department and local health departments may impound any food products
found in places where food or drink is handled, sold, or served to the public that is intended for
but found to be adulterated and unfit for human consumption; and, upon five days
'
 notice and
reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same
if deemed necessary for the protection of the public health.
(2) The department or a local health department may obtain records related to a
customer's shopping history from a retail food establishment that tracks an individual's
shopping history if:
(a) the department or local health department determines that an individual has become
ill after exposure to food purchased at the retail food establishment; and
(b) the customer whose records are being obtained provides consent to obtain the
records to the department or local health department.