Utah Code 4-5-105. Inspection of premises and records — Authority to take samples — Inspection results reported
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(1) An authorized agent of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may:
Terms Used In Utah Code 4-5-105
- Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Farm: means an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102
- Food: means :(8)(a) an article used for food or drink for human or animal consumption or the components of the article;(8)(b) chewing gum or chewing gum components; or(8)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102
- Labeling: means a label and other written, printed, or graphic display:
(12)(a) on an article of food or the article of food's container or wrapper; or(12)(b) accompanying the article of food. See Utah Code 4-5-102- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
(1)(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;(1)(b) enter a vehicle being used to transport or hold food in commerce;(1)(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;(1)(d) obtain samples necessary for the enforcement of this chapter if the department:(1)(d)(i) pays the posted price for the sample if requested to do so; and(1)(d)(ii) receives a signed receipt from the person from whom the sample is taken; and(1)(e) have access to and copy all records of carriers in commerce showing:(1)(e)(i) the movement in commerce of food;(1)(e)(ii) the holding of food during or after movement in commerce; and(1)(e)(iii) 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:(4)(a) consists in whole or in part of a filthy, putrid, or decomposed substance; or(4)(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:(6)(a) a receipt describing the samples obtained; and(6)(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. - Labeling: means a label and other written, printed, or graphic display: