HB 283 — Raw Milk Amendments

- 6 - HB0283S01 compared with HB0283S02 Section 5.

(1) A producer {or market } shall conspicuously post signage at the location where raw milk or a raw milk product is displayed for sale stating:

- 7 - HB0283 compared with HB0283S02 (a) the statement:

(3) A producer {or market } that sells raw milk or a raw milk product may not on signage, labels, or marketing material:

{Requirements specific to markets} Foodborne illness outbreak -- Cease and desist.

- 7 - HB0283S01 compared with HB0283S02 (b) The department is not required to obtain a pathogen-positive result to prove that a producer is the likely source of a foodborne illness outbreak if other evidence establishes the raw milk or raw milk product as the likely source of a foodborne illness outbreak.

(c) Notwithstanding Subsection (1)(a)(i), if the Department of Health and Human Services or the department uses an epidemiological method to determine whether there is a foodborne illness outbreak linked to raw milk or a raw milk product, the epidemiological method shall include - 8 - HB0283 compared with HB0283S02 questions that probe the common sources of the implicated pathogen for the foodborne illness outbreak.

(2)(1){(2)} {A market } The department shall {purchase } issue a cease and desist order in accordance with Subsection 4-2-606(7) if the department proves that a producer is the likely source of a foodborne illness outbreak linked to raw milk or a raw milk product.product {only from a registered producer} .

(3) (a)(2){(a)} {A market shall store } Within two working days of issuing a cease and desist order, the department shall collect a sample of raw milk or a raw milk product {separately from pasteurized products} for whole genome sequencing and may test for an item listed in Subsection 4-3-603(8)(a).

(b){(3) The{A departmentmarket shall sharedisplay withraw themilk produceror wholea genomeraw sequencingmilk resultsproduct withinseparately 15from workingpasteurized daysproducts.} from} the{(4) day{A themarket sampleshall isdisplay takenraw undermilk thisor Subsectiona (3)raw unlessmilk theproduct timeat frame41 isdegrees extendedFahrenheit or a lower temperature in a display case equipped with a properly calibrated thermometer.} } {(5) {A market shall display the signage required by Subsection 4-3-604(1).} } {(6) {A market shall maintain the departmentfollowing inrecords writing.for three months:} } {(a) {a bill of lading;} } {(b) {an invoice;

and} } {(c) {a purchase record.} } (b) The department shall share with the producer whole genome sequencing results within 15 working days from the day the sample is taken under this Subsection (3) unless the time frame is extended by the department in writing.

{Foodborne illness outbreak } Department testing, inspecting, or other actions -- {Cease } Penalties and {desist} enforcement.

- 9 - HB0283 compared with HB0283S02 (a) during an inspection if there is suspicion of adulteration;

or - 8 - HB0283S01 compared with HB0283S02 (c) when the department receives a complaint from the public that a producer violates this partandpart and the department discloses to the producer the underlying facts of the complaint before the sample is collected.

(2)(1){(2)} (a) The department may inspect premises:

(ii)(a){(ii)} {The department may prove } anytime there is a suspicion that a producer {or market is the likely source of } is linked to a foodborne illness outbreak;outbreak {on the basis of:} ;

or {(i) {epidemiological and statistical evidence;} } (iii) when the department receives a complaint from the public that a producer violates this partandpart and the department discloses to the producer the underlying facts of the complaint before the inspection.

(i)(ii){(i)} a {laboratory finding} production area;

(ii){(iii) a{whole milkinggenome space;sequencing;} } {(iv) {traceback and supply chain documentation;

or} } {(v) {a violation of safety standards.} } (ii) a milking space;

{(c) {The department may not impose a charge for an inspection under Subsection (2)(a)(i).} } (3) The department may detain, test, or order the destruction of raw milk or a raw milk product:

or (b) {The department is not required to obtain } if there is a {pathogen-positive result to prove that a producer or market is the likely source of a foodborne illness outbreak if other evidence establishes } suspicion that the raw milk or raw milk product {as the likely source of } is linked to a foodborne illness outbreak.

(4) (a) The department shall establish and collect a fee in accordance with Section 63J-1-504 for a test conducted under this part or an inspection under Subsection {(2)(a)(ii) or (iii)} (2).

- 10 - HB0283 compared with HB0283S02 (b) Notwithstanding Section 63J-1-504, the department shall retain the fee as a dedicated credit and may only use the fee to administer and enforce this part.

- 9 - HB0283S01 compared with HB0283S02 (7) (a)(2){(a)} The department {shall issue } may impose the following against a {cease and desist order in accordance with Subsection 4-3-607(7) if } person that the department proves {that a producer or market is } to be the likely source of a foodborne illness outbreak {linked to raw milk or } under Section 4-3-606 during a {raw milk product.} 12-month period described in Subsection (7)(b):

{(3) } (i) upon a first proof of a foodborne illness outbreak, a cease and desist order of 14 days;

(ii)(a){(ii)} {Within two working days } upon a finding of a new case after the imposition of a penalty under Subsection (7)(a)(i) or upon a second proof of {issuing } a foodborne illness outbreak, a cease and desist orderorder{, the department shall collect a sample of raw milk or a raw milk product for whole genome sequencing } of 14 days and {may test for an item listed in Subsection 4-3-603(8)(a).} an administrative fine of $500;

{(b) {The department shall share with the producer or market whole genome sequencing results within working days from the day the sample is taken under this Subsection (3) unless the time frame is extended by the department in writing.} } {(c) {Upon request of a producer or market, and at the producer's or market's expense, the department shall submit a sample tested in one lab to a second lab approved by the department for testing.} } (iii) upon a finding of a new case after the imposition of a penalty under Subsection (7)(a)(ii) or upon a third proof of a foodborne illness outbreak, a cease and desist order of 14 days and an administrative fine of $1,000;

and (iv)- 11 - HB0283 compared with HB0283S02 (4){(iv)} {The department, the Department } upon a finding of a new case after the imposition of {Health and Human Services, or a local health department may publicly disclose that } a penalty under Subsection (7)(a)(iii) or upon a {producer } fourth or {market is the likely source } subsequent proof of a foodborne illness outbreak,outbreak {only:} , an administrative fine of $3,000.

(b){(a) A{if penaltyproven imposedby under Subsection (7)(a) is based on a timepositive periodwhole thatgenome beginssequencing thetest; day on which a cease and desist order is imposed under Subsection (7)(a)(i) and ends 12 months after the day which the cease and desist order is imposed under Subsection (7)(a)(i).

and} } {(b) {after the department notifies the producer or market in writing before the disclosure.} } (b) A penalty imposed under Subsection (7)(a) is based on a time period that begins the day on which a cease and desist order is imposed under Subsection (7)(a)(i) and ends 12 months after the day which the cease and desist order is imposed under Subsection (7)(a)(i).

Section 8.

Section 8 is enacted to read:

4-3-607.

Department testing, inspecting, or other actions -- Penalties and enforcement.

(1) The department may collect and test a sample of raw milk or a raw milk product:

(a) during an inspection if there is suspicion of adulteration;

or (b) anytime there is a suspicion that the producer or market is linked to a foodborne illness outbreak.

(2) The department may inspect premises of a producer or market upon initial registration and annually after initial registration.

(3) The department may detain, test, or order the destruction of raw milk or a raw milk product:

(a) that is adulterated or misbranded as provided in Section 4-5-401;

or (b) if there is a suspicion that the raw milk or raw milk product is linked to a foodborne illness outbreak.

(4) - 12 - HB0283 compared with HB0283S02 (a) The department shall establish and collect a fee in accordance with Section 63J-1-504 for a test or inspection conducted under this part.

(b) Notwithstanding Section 63J-1-504, the department shall retain the fee as a dedicated credit and may only use the fee to administer and enforce this part.

(5) During a 12-month period, the department may impose an administrative fine against a person that produces or sells adulterated or misbranded raw milk or raw milk product as follows:

(a) upon the first violation, an administrative fine of not more than $2,000;

(b) upon a second violation, an administrative fine of not more than $5,000;

and (c) upon a third or subsequent violation, an administrative fine of not more than $10,000 and the suspension of operations by the producer or market under this part for not more than one year.

(6) The department may impose an administrative fine or suspension of operations in the amount and time frame listed in Subsection (5) if a producer or market sells raw milk or a raw milk product without being registered under this part.

(7) (a) The department shall impose the following against a person that the department proves to be the likely source of a foodborne illness outbreak under Section 4-3-606 during a 12-month period described in Subsection (7)(b):

(i) upon a first proof of a foodborne illness outbreak, a cease and desist order of 14 days;

(ii) upon a finding of a new case after the imposition of a penalty under Subsection (7)(a)(i) or upon a second proof of a foodborne illness outbreak, a cease and desist order of 14 days and an administrative fine of $2,000;

(iii) upon a finding of a new case after the imposition of a penalty under Subsection (7)(a)(ii) or upon a third proof of a foodborne illness outbreak, a cease and desist order of 14 days and an administrative fine of $5,000;

and (iv) upon a finding of a new case after the imposition of a penalty under Subsection (7)(a)(iii) or upon a fourth or subsequent proof of a foodborne illness outbreak, an administrative fine of $10,000 and the suspension of operations by the producer or market under this part for one year.

(b) A penalty imposed under Subsection (7)(a) is based on a time period that begins the day on which a cease and desist order is imposed under Subsection (7)(a)(i) and ends 12 months after the day which the cease and desist order is imposed under Subsection (7)(a)(i).

A foodborne illness outbreak or - 13 - HB0283 compared with HB0283S02 new case that occurs after the 12-month period described in this Subsection (7)(b) results in the start of a new 12-month period.

(8) The department may impose a civil penalty under Section 4-2-304 for a violation of this part not described in Subsections (5) through (7).

(9) A person subject to an action under Subsections (5) through (8) may appeal the action in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

- 10 - HB0283S01 compared with HB0283S02 2-13-26 12:53 PM - 1114 -