Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 73 First Substitute (2024GS)

Sponsor

Sen. Winterton, R.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that local food is exempt from regulation by the federal government;
• places restrictions on state regulation of local food;
• limits rulemaking authority in relation to local food; and
• makes technical changes.

Every vote on this bill

Bill text

STATE FOOD SUPPLY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: 
____________
LONG TITLE
General Description:
This bill restricts the regulation of local food.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that local food is exempt from regulation by the federal government;
▸ places restrictions on state regulation of local food;
▸ limits rulemaking authority in relation to local food; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-1-109
, as renumbered and amended by Laws of Utah 2017, Chapter 345
26A-1-102
, as last amended by Laws of Utah 2023, Chapter 327
26A-1-114
, as last amended by Laws of Utah 2023, Chapters 90, 327
26B-7-201
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-202
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-301
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-302
, as renumbered and amended by Laws of Utah 2023, Chapter 308
73-3d-101
, as enacted by Laws of Utah 2023, Chapter 126
73-3d-201
, as enacted by Laws of Utah 2023, Chapter 126
ENACTS:
4-1-113
, Utah Code Annotated 1953
53-2a-222
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-1-109
 is amended to read:
4-1-109.
General definitions.
As used in this title:
(1) "Agricultural product" or "product of agriculture" means any product that is derived
from agriculture, including any product derived from aquaculture as defined in Section
4-37-103
.
(2) "Agriculture" means the science and art of the production of plants and animals
useful to man, including the preparation of plants and animals for human use and disposal by
marketing or otherwise.
(3) "Commissioner" means the commissioner of agriculture and food.
(4) "Department" means the Department of Agriculture and Food created in Chapter 2,
Administration.
(5) "Dietary supplement" means the same as that term is defined in the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
elk as defined in Section 
4-39-102
, or any other domestic animal or domestic furbearer raised
or kept for profit.
(7) "Local food" means an agricultural product or livestock that is:
(a) produced, processed, and distributed for sale or consumption within the state; and
(b) sold to an end consumer within the state.
[
(7)
] 
(8)
 "Organization" means a corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, association, two or more persons having a
joint or common interest, or any other legal entity.
[
(8)
] 
(9)
 "Person" means a natural person or individual, corporation, organization, or
other legal entity.
Section 2. Section 
4-1-113
 is enacted to read:
 4-1-113.
Exemption of local food from federal jurisdiction.
(1) Local food is exempt from regulation by the federal government, except as allowed
by the United States Constitution.
(2) This section does not prevent local food producers from receiving federal aid or
voluntarily participating in federal programs.
Section 3. Section 
26A-1-102
 is amended to read:
26A-1-102.
Definitions.
As used in this part:
(1) "Board" means a local board of health established under Section 
26A-1-109
.
(2) "County governing body" means one of the types of county government provided
for in Title 17, Chapter 52a, Part 2, Forms of County Government.
(3) "County health department" means a local health department that serves a county
and municipalities located within that county.
(4) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(5) "Local food" means the same as that term is defined in Section 
4-1-109
.
[
(5)
] 
(6)
 "Local health department" means:
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department.
[
(6)
] 
(7)
 "Mental health authority" means a local mental health authority created in
Section 
17-43-301
.
[
(7)
] 
(8)
 "Multicounty local health department" means a local health department that is
formed under Section 
26A-1-105
 and that serves two or more contiguous counties and
municipalities within those counties.
[
(8)
] 
(9)
 "Multicounty united local health department" means a united local health
department that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous
counties and municipalities within those counties.
[
(9)
] 
(10)
 (a) "Order of constraint" means an order, rule, or regulation issued by a local
health department in response to a declared public health emergency under this chapter that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in a certain behavior;
or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
[
(10)
] 
(11)
 "Public health emergency" means the same as that term is defined in
Section 
26B-7-301
.
[
(11)
] 
(12)
 "Single county local health department" means a local health department
that is created by the governing body of one county to provide services to the county and the
municipalities within that county.
[
(12)
] 
(13)
 "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
[
(13)
] 
(14)
 "Substance abuse authority" means a local substance abuse authority
created in Section 
17-43-201
.
[
(14)
] 
(15)
 "United local health department":
(a) means a substance abuse authority, a mental health authority, and a local health
department that join together under Section 
26A-1-105.5
; and
(b) includes a multicounty united local health department.
Section 4. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) Subject to Subsections (7), (8), and (11), a local health department may:
(a) subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public
health and sanitation, including the plumbing code administered by the Division of
Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code
Administration Act, and under Title 26B, Chapter 7, Part 4, General Sanitation and Food
Safety[
,
]
,
 in all incorporated and unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical
control over property and over individuals as the local health department finds necessary for
the protection of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with
state law which:
(i) are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable
diseases affecting the public health and bill the owner or other person in charge of the premises
upon which this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on the local
health department's own initiative or in cooperation with the Department of Health and Human
Services or the Department of Environmental Quality, or both, as to any matters affecting the
public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation
of authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law which are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect
the health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems,
develop standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m) cooperate with boards created under Section 
19-1-106
 to enforce laws and rules
within the jurisdiction of the boards;
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice and Youth Services, and
the Crime Victim Reparations Board to conduct testing for HIV infection of alleged sexual
offenders, convicted sexual offenders, and any victims of a sexual offense;
(o) investigate suspected bioterrorism and disease pursuant to Section 
26B-7-321
; and
(p) provide public health assistance in response to a national, state, or local emergency,
a public health emergency as defined in Section 
26B-7-301
, or a declaration by the President of
the United States or other federal official requesting public health-related activities.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of alleged sexual
offenders for the HIV infection pursuant to Section 
53-10-802
 and voluntary testing of victims
of sexual offenses for HIV infection pursuant to Section 
53-10-803
;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan which:
(i) recognizes that the Department of Environmental Quality and local health
departments are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private
schools within the local health department's boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering
from any communicable or infectious disease, whether acute or chronic, if the person is likely
to convey the disease to those in attendance; and
(c) (i) make regular inspections of the health-related condition of all school buildings
and premises;
(ii) report the inspections on forms furnished by the department to those responsible for
the condition and provide instructions for correction of any conditions that impair or endanger
the health or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and
premises do not carry out any instructions for corrections provided in a report in Subsection
(3)(c), the local health board shall cause the conditions to be corrected at the expense of the
persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry
out the provisions and purposes of this part.
(6) [
Nothing in this part may be construed to
] 
This part does not
 authorize a local
health department to [
enforce an ordinance, rule, or regulation requiring
]
:
(a) require
 the installation or maintenance of a carbon monoxide detector in a
residential dwelling against anyone other than the occupant of the dwelling[
.
]
; or
(b) control, during an emergency or otherwise, the production, processing, distribution,
or sale price of local food.
(7) (a) Except as provided in Subsection (7)(c), a local health department may not
declare a public health emergency or issue an order of constraint until the local health
department has provided notice of the proposed action to the chief executive officer of the
relevant county no later than 24 hours before the local health department issues the order or
declaration.
(b) The local health department:
(i) shall provide the notice required by Subsection (7)(a) using the best available
method under the circumstances as determined by the local health department;
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
public health emergency or issue an order of constraint without approval of the chief executive
officer of the relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection (7)(a) would substantially
increase the likelihood of loss of life due to an imminent threat.
(ii) If a local health department declares a public health emergency or issues an order
of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
chief executive officer of the relevant county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate a declaration of a
public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
within 72 hours of declaration of the public health emergency or issuance of the order of
constraint.
(d) (i) The relevant county governing body may at any time terminate a public health
emergency or an order of constraint issued by the local health department by majority vote of
the county governing body in response to a declared public health emergency.
(ii) A vote by the relevant county governing body to terminate a public health
emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
by the relevant chief executive officer.
(8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
a local health department expires at the earliest of:
(i) the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency reduced to the
extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the local health department declared the public
health emergency; or
(iii) the day on which the public health emergency is terminated by majority vote of the
county governing body.
(b) (i) The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii) If the county legislative body extends a public health emergency as described in
Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
legislative body.
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
local health department expires as described in Subsection (8)(a), the local health department
may not declare a public health emergency for the same illness or occurrence that precipitated
the previous public health emergency declaration.
(d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
health department finds that exigent circumstances exist, after providing notice to the county
legislative body, the department may declare a new public health emergency for the same
illness or occurrence that precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
accordance with Subsection (8)(a) or (b).
(e) For a public health emergency declared by a local health department under this
chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures
for Communicable Diseases, the Legislature may terminate by joint resolution a public health
emergency that was declared based on exigent circumstances or that has been in effect for more
than 30 days.
(f) If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
department may not declare a new public health emergency for the same illness, occurrence, or
exigent circumstances.
(9) (a) During a public health emergency declared under this chapter or under Title
26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for Communicable
Diseases:
(i) except as provided in Subsection (9)(b), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(ii) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(iii) a county governing body may at any time terminate by majority vote of the
governing body an order of constraint issued by a local health department in response to a
declared public health emergency.
(b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(9)(b), the local health department shall notify the chief executive officer of the relevant county
before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
constraint.
(c) (i) For a local health department that serves more than one county, the approval
described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
of constraint is applicable.
(ii) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
county served by the county governing body.
(10) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (10).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections [
(8)(a) and (c)
] 
(10)(a) and (c)
, the department or a
local health department shall allow reasonable accommodations for an individual to perform or
participate in a religious practice or rite.
(11) An order of constraint issued by a local health department pursuant to a declared
public health emergency does not apply to a facility, property, or area owned or leased by the
state, including the capitol hill complex, as that term is defined in Section 
63C-9-102
.
(12) A local health department may not:
(a) require a person to obtain an inspection, license, or permit from the local health
department to engage in a practice described in Subsection 
58-11a-304
(5); or
(b) prevent or limit a person's ability to engage in a practice described in Subsection
58-11a-304
(5) by:
(i) requiring the person to engage in the practice at a specific location or at a particular
type of facility or location; or
(ii) enforcing a regulation applicable to a facility or location where the person chooses
to engage in the practice.
Section 5. Section 
26B-7-201
 is amended to read:
26B-7-201.
Definitions.
As used in this part:
(1) "Ambulatory surgical center" means the same as that term is defined in Section
26B-2-201
.
(2) "Carrier" means an infected individual or animal who harbors a specific infectious
agent in the absence of discernible clinical disease and serves as a potential source of infection
for man. The carrier state may occur in an individual with an infection that is inapparent
throughout its course, commonly known as healthy or asymptomatic carrier, or during the
incubation period, convalescence, and postconvalescence of an individual with a clinically
recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under
either circumstance the carrier state may be of short duration, as a temporary or transient
carrier, or long duration, as a chronic carrier.
(3) "Communicable disease" means illness due to a specific infectious agent or its toxic
products which arises through transmission of that agent or its products from a reservoir to a
susceptible host, either directly, as from an infected individual or animal, or indirectly, through
an intermediate plant or animal host, vector, or the inanimate environment.
(4) "Communicable period" means the time or times during which an infectious agent
may be transferred directly or indirectly from an infected individual to another individual, from
an infected animal to a human, or from an infected human to an animal, including arthropods.
(5) "Contact" means an individual or animal having had association with an infected
individual, animal, or contaminated environment so as to have had an opportunity to acquire
the infection.
(6) "End stage renal disease facility" is as defined in Section 
26B-2-201
.
(7) (a) "Epidemic" means the occurrence or outbreak in a community or region of cases
of an illness clearly in excess of normal expectancy and derived from a common or propagated
source.
(b) The number of cases indicating an epidemic will vary according to the infectious
agent, size, and type of population exposed, previous experience or lack of exposure to the
disease, and time and place of occurrence.
(c) Epidemicity is considered to be relative to usual frequency of the disease in the
same area, among the specified population, at the same season of the year.
(8) "General acute hospital" is as defined in Section 
26B-2-201
.
(9) "Incubation period" means the time interval between exposure to an infectious
agent and appearance of the first sign or symptom of the disease in question.
(10) "Infected individual" means an individual who harbors an infectious agent and
who has manifest disease or inapparent infection. An infected individual is one from whom the
infectious agent can be naturally acquired.
(11) "Infection" means the entry and development or multiplication of an infectious
agent in the body of man or animals. Infection is not synonymous with infectious disease; the
result may be inapparent or manifest. The presence of living infectious agents on exterior
surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but
contamination of such surfaces and articles.
(12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
protozoan, or helminth that is capable of producing infection or infectious disease.
(13) "Infectious disease" means a disease of man or animals resulting from an
infection.
(14) "Isolation" means the separation, for the period of communicability, of infected
individuals or animals from others, in such places and under such conditions as to prevent the
direct or indirect conveyance of the infectious agent from those infected to those who are
susceptible or who may spread the agent to others.
(15) "Local food" means the same as that term is defined in Section 
4-1-109
.
[
(15)
] 
(16)
 "Order of constraint" means the same as that term is defined in Section
26B-7-301
.
[
(16)
] 
(17)
 "Quarantine" means the restriction of the activities of well individuals or
animals who have been exposed to a communicable disease during its period of
communicability to prevent disease transmission.
[
(17)
] 
(18)
 "School" means a public, private, or parochial nursery school, licensed or
unlicensed day care center, child care facility, family care home, Head Start program,
kindergarten, elementary, or secondary school through grade 12.
[
(18)
] 
(19)
 "Sexually transmitted disease" means those diseases transmitted through
sexual intercourse or any other sexual contact.
[
(19)
] 
(20)
 "Specialty hospital" is as defined in Section 
26B-2-201
.
Section 6. Section 
26B-7-202
 is amended to read:
26B-7-202.
Authority to investigate and control epidemic infections and
communicable disease.
(1) Subject to Subsection [
(3)
] 
(4)
 and the restrictions in this title, the department has
authority to investigate and control the causes of epidemic infections and communicable
disease, and shall provide for the detection, reporting, prevention, and control of communicable
diseases and epidemic infections or any other health hazard which may affect the public health.
(2) This part does not authorize the department, during an emergency or otherwise, to
control the production, processing, distribution, or sale price of local food.
[
(2)
] 
(3)
 (a) As part of the requirements of Subsection (1), the department shall
distribute to the public and to health care professionals:
(i) medically accurate information about sexually transmitted diseases that may cause
infertility and sterility if left untreated, including descriptions of:
(A) the probable side effects resulting from an untreated sexually transmitted disease,
including infertility and sterility;
(B) medically accepted treatment for sexually transmitted diseases;
(C) the medical risks commonly associated with the medical treatment of sexually
transmitted diseases; and
(D) suggested screening by a private physician or physician assistant; and
(ii) information about:
(A) public services and agencies available to assist individuals with obtaining
treatment for the sexually transmitted disease;
(B) medical assistance benefits that may be available to the individual with the
sexually transmitted disease; and
(C) abstinence before marriage and fidelity after marriage being the surest prevention
of sexually transmitted disease.
(b) The information [
required by
] 
described in
 Subsection [
(2)(a)
] 
(3)(a)
:
(i) shall be distributed by the department and by local health departments free of
charge;
(ii) shall be relevant to the geographic location in which the information is distributed
by:
(A) listing addresses and telephone numbers for public clinics and agencies providing
services in the geographic area in which the information is distributed; and
(B) providing the information in English as well as other languages that may be
appropriate for the geographic area.
(c) (i) Except as provided in Subsection [
(2)(c)(ii)
] 
(3)(c)(ii)
, the department shall
develop written material that includes the information [
required by
] 
described in
 this
Subsection [
(2)
] 
(3)
.
(ii) In addition to the written materials [
required by
] 
described in
 Subsection [
(2)(c)(i)
]
(3)(c)(i)
, the department may distribute the information [
required by
] 
described in
 this
Subsection [
(2)
] 
(3)
 by any other methods the department determines is appropriate to educate
the public, excluding public schools, including websites, toll free telephone numbers, and the
media.
(iii) If the information [
required by
] 
described in
 Subsection [
(2)(b)(ii)(A)
]
(3)(b)(ii)(A)
 is not included in the written pamphlet developed by the department, the written
material shall include either a website, or a 24-hour toll free telephone number that the public
may use to obtain that information.
[
(3)
] 
(4)
 (a) The Legislature may at any time terminate by joint resolution an order of
constraint issued by the department as described in this section in response to a declared public
health emergency.
(b) A county governing body may at any time terminate by majority vote an order of
constraint issued by the relevant local health department as described in this section in response
to a declared public health emergency.
Section 7. Section 
26B-7-301
 is amended to read:
26B-7-301.
Definitions.
As used in this part:
(1) "Bioterrorism" means:
(a) the intentional use of any microorganism, virus, infectious substance, or biological
product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
or another living organism in order to influence, intimidate, or coerce the conduct of
government or a civilian population; and
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
fevers.
(2) "Diagnostic information" means a clinical facility's record of individuals who
present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
final diagnosis, and any pertinent lab results.
(3) "Epidemic or pandemic disease":
(a) means the occurrence in a community or region of cases of an illness clearly in
excess of normal expectancy; and
(b) includes diseases designated by the department which have the potential to cause
serious illness or death.
(4) "Exigent circumstances" means a significant change in circumstances following the
expiration of a public health emergency declared in accordance with this title that:
(a) substantially increases the threat to public safety or health relative to the
circumstances in existence when the public health emergency expired;
(b) poses an imminent threat to public safety or health; and
(c) was not known or foreseen and could not have been known or foreseen at the time
the public health emergency expired.
(5) "First responder" means:
(a) a law enforcement officer as defined in Section 
53-13-103
;
(b) emergency medical service personnel as defined in Section 
26B-4-101
;
(c) firefighters; and
(d) public health personnel having jurisdiction over the location where an individual
subject to restriction is found.
(6) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(7) "Legislative emergency response committee" means the same as that term is
defined in Section 
53-2a-203
.
(8) "Local food" means the same as that term is defined in Section 
4-1-109
.
[
(8)
] 
(9)
 (a) "Order of constraint" means an order, rule, or regulation issued in response
to a declared public health emergency under this part, that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in certain behavior; or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
[
(9)
] 
(10)
 "Order of restriction" means an order issued by a department or a district
court which requires an individual or group of individuals who are subject to restriction to
submit to an examination, treatment, isolation, or quarantine.
[
(10)
] 
(11)
 "Public health emergency" means an occurrence or imminent credible threat
of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or
novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a
significant number of human fatalities or incidents of permanent or long-term disability. Such
illness or health condition includes an illness or health condition resulting from a natural
disaster.
[
(11)
] 
(12)
 "Public health official" means:
(a) the executive director or the executive director's authorized representative; or
(b) the executive director of a local health department or the executive director's
authorized representative.
[
(12)
] 
(13)
 "Reportable emergency illness and health condition" includes the diseases,
conditions, or syndromes designated by the department.
[
(13)
] 
(14)
 "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
[
(14)
] 
(15)
 "Subject to restriction" as applied to an individual, or a group of
individuals, means the individual or group of individuals is:
(a) infected or suspected to be infected with a communicable disease that poses a threat
to the public health and who does not take action as required by the department to prevent
spread of the disease;
(b) contaminated or suspected to be contaminated with an infectious agent that poses a
threat to the public health, and that could be spread to others if remedial action is not taken;
(c) in a condition or suspected condition which, if the individual is exposed to others,
poses a threat to public health, or is in a condition which if treatment is not completed the
individual will pose a threat to public health; or
(d) contaminated or suspected to be contaminated with a chemical or biological agent
that poses a threat to the public health and that could be spread to others if remedial action is
not taken.
Section 8. Section 
26B-7-302
 is amended to read:
26B-7-302.
Executive director -- Power to order abatement of public health
hazard -- Limitation on power to control local food.
(1)
 If the executive director finds that a condition of filth, sanitation, or other health
hazard exists which creates a clear present hazard to the public health and which requires
immediate action to protect human health or safety, the executive director with the concurrence
of the governor may order persons causing or contributing to the condition to reduce,
discontinue, or ameliorate it to the extent that the public health hazard is eliminated.
(2) This part does not authorize the executive director, during a public health hazard or
otherwise, to control the production, processing, distribution, or sale price of local food.
Section 9. Section 
53-2a-222
 is enacted to read:
 53-2a-222.
Control of local food.
(1) "Local food" means the same as that term is defined in Section 
4-1-109
.
(2) During a state of emergency or local emergency, the governor, an executive branch
agency, or a political subdivision may not control the distribution or sale price of local food.
Section 10. Section 
73-3d-101
 is amended to read:
73-3d-101.
Definitions.
As used in this chapter:
(1) "Electric utility" means:
(a) a municipal electric utility, as defined in Section 
10-19-102
;
(b) an electric interlocal entity, as defined in Section 
11-13-103
;
(c) an energy services interlocal entity, as defined in Section 
11-13-103
;
(d) a project entity, as defined in Section 
11-13-103
;
(e) an electric improvement district, as defined in Section 
17B-2a-406
; or
(f) an electrical corporation, as defined in Section 
54-2-1
.
(2) "Local food" means the same as that term is defined in Section 
4-1-109
.
[
(2)
] 
(3)
 "Military facility" means an installation, base, air field, camp, post, station,
yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the
United States Department of Defense or the National Guard.
[
(3)
] 
(4)
 "Person entitled to make a request" means:
(a) the holder of an approved but unperfected application to appropriate water;
(b) the record owner of a perfected water right; or
(c) a person who provides water using an approved but unperfected application or a
perfected water right with the written authorization of a person described in Subsection [
(3)(a)
]
(4)(a)
 or (b).
[
(4)
] 
(5)
 "Temporary water shortage emergency" means an interruption of water
delivery for which the governor may declare an emergency in accordance with Section
73-3d-201
.
Section 11. Section 
73-3d-201
 is amended to read:
73-3d-201.
Declaration of a temporary water shortage emergency by the
governor.
(1) (a) Subject to the requirements of this section, the governor may declare a
temporary water shortage emergency by issuing an executive order if, on the governor's own
initiative or at the request of a person entitled to make a request, the governor determines that
an existing or imminent short-term interruption of water delivery in this state caused by
manmade or natural causes other than drought:
(i) threatens:
(A) the availability or quality of an essential water supply or water supply
infrastructure; or
(B) the operation of the economy; and
(ii) because of the threats described in Subsection (1)(a)(i), jeopardizes the peace,
health, safety, or welfare of the people of this state.
(b) The governor may only issue the executive order declaring a temporary water
shortage emergency described in Subsection (1)(a):
(i) with the advice and recommendation of the state engineer; and
(ii) in consultation with the emergency management administration committee created
by Section 
53-2a-105
.
(c) An executive order issued under this Subsection (1) shall state with specificity:
(i) the nature of the interruption of water supply;
(ii) subject to Subsection (2), the time period for which the temporary water shortage
emergency is declared;
(iii) a description of the geographic area that is subject to the executive order;
(iv) a list of the specific persons entitled to make a request who may exercise the
preferential use of water under Section 
73-3d-301
 during the effective period of the temporary
water shortage emergency; and
(v) the purposes outlined in Subsection 
73-3d-301
(1) for which a person who is
described in Subsection (1)(c)(iv) may take the water subject to Section 
73-3d-301
.
(d) An executive order issued under this Subsection (1) may not control the distribution
or sale price of local food.
[
(d)
] 
(e)
 Before providing a recommendation to the governor under Subsection
(1)(b)(i), the state engineer shall require a person entitled to make a request who is described in
Subsection (1)(c)(iv) to provide a written statement describing how the person entitled to make
a request has exhausted other reasonable means to acquire water.
[
(e)
] 
(f)
 A person entitled to make a request who is described in Subsection (1)(c)(iv)
may take water preferentially during a temporary water shortage emergency only for a purpose
authorized by the executive order.
[
(f)
] 
(g)
 (i) Within seven calendar days of the day on which the governor issues an
executive order declaring a temporary water shortage emergency, the Legislative Management
Committee shall:
(A) review the executive order;
(B) advise the governor on the declaration of a temporary water shortage emergency;
and
(C) recommend to the Legislature whether the executive order should be kept as issued
by the governor, extended, or terminated.
(ii) The failure of the Legislative Management Committee to meet as required by
Subsection [
(1)(f)(i)
] 
(1)(g)(i)
 does not affect the validity of the executive order declaring a
temporary water shortage emergency.
(2) (a) The governor shall state in an executive order declaring a temporary water
shortage emergency the time period for which the temporary water shortage emergency is
declared, except that the governor may not declare a temporary water shortage emergency for
longer than 30 days after the date the executive order is issued.
(b) The governor may terminate an executive order declaring a temporary water
shortage emergency before the expiration of the time period stated in the executive order.
(c) An executive order declaring a temporary water emergency issued by the governor
within 30 days of the expiration or termination of a prior executive order for the same
emergency is considered an extension subject to Subsection (2)(e).
(d) The Legislature may extend the time period of an executive order declaring a
temporary water shortage emergency by joint resolution, except that the Legislature may not
extend a temporary water shortage emergency for longer than one year from the day on which
the executive order declaring a temporary water shortage emergency is issued.
(e) An executive order declaring a temporary water shortage emergency may be
renewed or extended only by joint resolution of the Legislature.
Section 12. 
Effective date.
This bill takes effect on May 1, 2024.