Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 151 (2023GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• exempts a direct-to-sale farmers market comprising only minor producers or minor-operated businesses from certain regulations; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FOOD PREPARATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Andrew Stoddard
LONG TITLE
General Description:
This bill amends provisions of the Home Consumption and Homemade Food Act
related to homemade food produced by minors.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ exempts a direct-to-sale farmers market comprising only minor producers or
minor-operated businesses from certain regulations; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-5a-102
, as enacted by Laws of Utah 2018, Chapter 377
4-5a-103
, as enacted by Laws of Utah 2018, Chapter 377
4-5a-104
, as enacted by Laws of Utah 2018, Chapter 377
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-5a-102
 is amended 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) "Minor-operated business" means a business that is operated by an individual who
is:
(a) under 18 years old; and
(b) not regularly engaged in selling items.
(8) "Minor producer" means a producer that is:
(a) an individual; and
(b) under 18 years old.
[
(7)
] 
(9)
 "Producer" means a person who harvests or produces homemade food or a
homemade food product.
Section 2. Section 
4-5a-103
 is amended to read:
4-5a-103.
Regulation of a direct-to-sale farmers market.
(1) [
A
] 
Except as provided in Subsection (4), 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
(6), 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).
(4) The requirements described in Subsection (1) do not apply to a direct-to-sale
farmers market comprising only minor producers or minor-operated businesses.
Section 3. Section 
4-5a-104
 is amended 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 
personal or
 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
] 
Except as provided in Subsection (6), 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.
(6) The requirements described in Subsection (3) do not apply to a direct sale by a
home producer comprising only minor producers.