Utah Code 4-5-401. Unlawful acts specified
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(1) A person may not:
Terms Used In Utah Code 4-5-401
- Consumer commodity: means a food, as defined by this chapter, or by the federal act. 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
- 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
- Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102
- Label: means a written, printed, or graphic display on the immediate container of an article of food. 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102
(1)(a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded;
(1)(b) adulterate or misbrand food;
(1)(c) except as provided in Subsection (2), distribute, in commerce, a consumer commodity inconsistent with the packaging and labeling requirements of this chapter, or the rules made under this chapter;
(1)(d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section 4-5-301;
(1)(e) disseminate false advertising;
(1)(f) remove or dispose of detained or embargoed food in violation of Section 4-5-202;
(1)(g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in the food being misbranded or adulterated while the food is for sale;
(1)(h) forge, counterfeit, simulate, or misrepresent a label or information, by the unauthorized use of a mark, stamp, tag, label, or other identification device;
(1)(i) use or reveal a method, process, or information which is protected as a trade secret;
(1)(j) operate a food establishment without a valid registration issued by the department; and
(1)(k) refuse entry to an authorized agent of the department in a food establishment as required under Section 4-5-105.
(2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail distribution of consumer commodities unless that person:
(2)(a) is engaged in the packaging or labeling of consumer commodities; or
(2)(b) prescribes or specifies the manner in which consumer commodities are packaged or labeled.