Utah Code 4-4-107. Exemptions from regulation
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(1) Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department.
Terms Used In Utah Code 4-4-107
- Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
- Albumen: means the white of an egg. See Utah Code 4-4-103
- Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103
- Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103
- Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- End consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103
- Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103
- Small producer: means a producer of shell eggs:(11)(a) having less than 3,000 layers; and(11)(b) who is exempt from 21 C. See Utah Code 4-4-103
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- white rot: means putrid or rotten. See Utah Code 4-4-103
- Wholesale: means , with respect to the sale of an egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser. See Utah Code 4-4-103
(2) The Department of Health and Human Services has the authority to investigate foodborne illness.
(3) The department may assist, consult, or inspect shell eggs and a small producer’s operation when requested by a small producer.
(4) Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.
(5) The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:
(5)(a) are addled or moldy; or
(5)(b) contain:
(5)(b)(i) black spot;
(5)(b)(ii) black rot;
(5)(b)(iii) white rot;
(5)(b)(iv) blood ring;
(5)(b)(v) adherent yolk; or
(5)(b)(vi) a bloody or green albumen.
(6) A small producer that sells eggs wholesale shall notify the department about the small egg producer’s operation, including:
(6)(a) the operator’s name;
(6)(b) the operator’s contact information;
(6)(c) the species of egg products offered for sale; and
(6)(d) other information required by department rule regarding notification.
(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(7)(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale;
(7)(b) establish notification requirements in accordance with Subsection (6); and
(7)(c) establish inspection requirements for small producers that request an inspection under Subsection (3).
(8) Eggs sold by a small producer in accordance with this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.