Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 414 (2025GS)

Sponsor

Rep. Acton, Cheryl K.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• directs the Department of Agriculture and Food (department) to make rules regarding raw milk testing at third-party laboratories;
• addresses epidemiological investigation;
• addresses when and how testing occurs;
• provides the standard for reissuing a suspended permit;
• addresses the issuance of a cease and desist order;
• provides the standard for removing a cease and desist order following a foodborne illness outbreak;
• addresses disclosure of persons subject to a cease and desist order;
• requires the department to provide information to a producer under certain circumstances;
• clarifies penalty provisions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
4-3-503
0
Raw Milk Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill addresses enforcement steps with regard to raw milk, including when raw milk is 
suspected in a food borne illness outbreak.
Highlighted Provisions:
This bill:
defines terms;
directs the Department of Agriculture and Food (department) to make rules regarding raw 
milk testing at third-party laboratories;
addresses epidemiological investigation;
addresses when and how testing occurs;
provides the standard for reissuing a suspended permit;
addresses the issuance of a cease and desist order;
provides the standard for removing a cease and desist order following a foodborne illness 
outbreak;
addresses disclosure of persons subject to a cease and desist order;
requires the department to provide information to a producer under certain circumstances; 
clarifies penalty provisions; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-3-503
, as last amended by Laws of Utah 2023, Chapter 78
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 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)
"Foodborne illness outbreak" means the occurrence of two or more cases from 
different households of a similar illness resulting from the ingestion of a common 
food.
(b)
(c)
"Raw milk product" means any product produced from raw milk.
(c)
(d)
"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(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
;
 and, if the bacterial count of raw 
milk used to produce the raw milk product exceeds 40,000 colony forming units per 
milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk 
shall be tested and may not contain the following pathogens:
(i)
shiga toxin-producing e. coli;
(ii)
listeria monocytogenes;
(iii)
salmonella; and
(iv)
campylobacter;
(h)
the coliform count of the raw milk used to produce the raw milk product does not 
exceed 10 colony forming units per milliliter
;
 and, if the coliform count of the raw 
milk used to produce the raw milk product exceeds 20 colony forming units per 
milliliter or the producer is implicated in a foodborne illness outbreak, the raw milk 
shall be tested and may not contain the following pathogens:
(i)
shiga toxin-producing e. coli;
(ii)
listeria monocytogenes;
(iii)
salmonella; and
(iv)
campylobacter;
(i)
the production of the raw milk product conforms to departmental rules for the 
production of grade A milk products;
(j)
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
individual
 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, 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 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)
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 and Human Services 
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 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)
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
make
 rules, as authorized by Section 
4-3-201
 and in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
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)
use of a third-party testing laboratory within or outside of the state;
(v)
(vi)
frequency of inspections, including random cooler checks;
(vi)
(vii)
recordkeeping; and
(vii)
(viii)
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.
(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 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
:
(i)
obtained a sample result that meets the standards described in Subsections 
(2)(g)
and (h); and
(ii)
complied with all of the requirements of this section and rules 
adopted
made
as authorized by this section.
(c)
Upon written request by a producer with a suspended permit, the department shall 
provide the producer information on how to request a hearing regarding the 
department's decision to suspend the permit.
(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)
(a)
Nothing in this chapter shall 
be construed to 
impede the Department of Health 
and Human Services or the 
Department of Agriculture and Food
department
 in 
an 
investigation of 
a 
foodborne illness
 outbreak
.
(b)
Notwithstanding Subsection 
(10)(a)
, if the Department of Health and Human 
Services or the department uses a survey to determine whether there is a foodborne 
illness outbreak linked to a raw milk product, the survey shall include questions that 
probe the common sources of the implicated pathogen for the foodborne illness 
outbreak.
(11)
(a)
The 
If after the investigation of a foodborne illness outbreak the department 
links the foodborne illness outbreak to a producer, the 
department shall issue a cease 
and desist order to 
a
the
 producer linked to 
a
the
 foodborne illness 
and shall stop 
sale of a raw milk product currently being sold.
outbreak prohibiting the sale of the 
raw milk product pending testing required by Subsection 
(11)(h)
(i).
(b)
For purposes of the cease and desist order, to positively link a producer to a 
foodborne illness outbreak, the department shall produce evidence from the 
investigation under Subsection 
(10)
 that the foodborne illness outbreak originated 
with the producer's raw milk product.
(c)
A producer who receives a cease and desist order from the department shall:
(i)
stop the sale of the raw milk product named in the cease and desist order; and
(ii)
notify persons who purchased raw milk products from the implicated 
contaminated batch of the cease and desist order.
(d)
The department shall collect a sample within two working days of issuing a cease 
and desist order for the purpose of submitting the sample to a laboratory for:
(i)
testing for pathogens; and
(ii)
if the department wants to publicly disclose a producer's name or identifying 
information under Subsection 
(11)(g)
, whole genome sequencing testing.
(e)
The time between the department collecting the sample under Subsection 
(11)(d)
 and 
the department notifying the producer of whole genome sequencing test results may 
not exceed 15 working days unless before the 15-working day period expires the 
department notifies the producer in writing that the department requires additional 
time to notify the producer of the whole genome sequencing test results.
(f)
(i)
Upon the producer's request and the producer being liable for the costs of the 
second laboratory, the department shall have the sample collected under 
Subsection (11)(d) analyzed by two laboratories.
(ii)
The producer shall select the second laboratory from a list of laboratories 
approved by the department.
(g)
Before publicly disclosing a producer's name or identifying information, the 
department shall notify the producer that the department has linked the producer to a 
foodborne illness outbreak with a positive whole genome sequencing test.
(12)
The 
(h)
(i)
A cease and desist 
order shall remain in effect until the department
:
(A)
verifies that the producer
:
 who is subject to the cease and desist order
(a)
adheres to this section
;
 and
(b)
has three consecutive 
clean 
tests of the raw milk product
.
 that show that 
the raw milk product meets the standards described in Subsections 
(2)(g)
 and 
(h) and is free of the pathogens listed in Subsections (2)(g) and (h); or
(B)
receives a genome sequencing test result that demonstrates that the producer's 
raw milk product is not linked to the foodborne illness outbreak that is the 
subject of the cease and desist order.
(ii)
The department shall notify a producer who is subject to a cease and desist order 
that the cease and desist order is not in effect within one working day of the 
conditions of Subsection 
(11)(h)
(i) being met.
(iii)
For purposes of a test described in Subsection (11)(h)(i)(A), the department shall 
collect a sample for each test within two working days of the producer requesting 
that a sample be collected.
(13)
In addition to Subsections 
(11)
 and 
(12)
, if a producer's raw milk product has been 
linked to a foodborne illness outbreak,
(12)
(a)
If the Department of Health and Human Services or the department links a 
producer's raw milk product 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)
(i)
upon the first violation, a penalty of no more than $300;
(b)
(ii)
upon a second violation, a penalty of no more than $750; and
(c)
(iii)
upon a third or subsequent violation a penalty of no more than $1,500.
(b)
The department may impose the penalties described in Subsection (12)(a) in addition 
to:
(i)
issuing a cease and desist order under Subsection 
(11)
; or
(ii)
suspending a permit under Subsection (8).
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-11-25 4:25 PM