ut-20260915-R65-13: R65-13. Utah's Own

1. Agency Information

Title catchline: Agriculture and Food, Marketing and Development Building: Taylorsville State Office Buildings, South Bldg, Floor 2 Street address: 4315 S 2700 W City, state: Taylorsville, UT Mailing address: PO Box 146500 City, state, and zip: Salt Lake City, UT 84114-6500

2. Contact Persons

Name: Phone: Email: Amber Brown 385-245-5222 Ambermbrown@Utah.gov Camille Knudson 801-597-6010 CamilleK@Utah.gov Caroline Scheidell 385-867-0901 Carolinescheidell@Utah.gov Please address questions regarding information on this notice to the persons listed above.

B. Purpose of the new rule or reason for the change:

The Department of Agriculture and Food (department) is revising this rule to align with current program practices. Utah's Own has expanded to include tiered participation options, including memberships, partnerships, and sponsorships. Readopting this rule establishes clear definitions, eligibility criteria, logo usage standards, and procedures for all participating entities to accurately reflect how the program operates.

C. Summary of the new rule or change:

This filing repeals the current version of this rule and readopts a revised rule to match how the program operates today. The readopted rule establishes definitions, membership eligibility, application steps, and one-year renewal terms for an expanded tier setup including members, partners, and sponsors. It also sets clear product eligibility standards and explicitly excludes products including dietary supplements, cannabinoid, and kratom products. Finally, this rule outlines the usage for the trademarked Utah's Own logo, requires separate memberships for individual brand or DBA names, and sets clear procedures for membership denials, revocations, and department discretion. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The filing does not impact on the state's budget because the department currently administers the program under these changes.

B. Local governments:

This filing will not have an impact on local governments because they do not administer or participate in the program. 2 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES

C. Small businesses ("small business" means a business employing 1-49 persons):

The filing does not have an impact on small businesses because the program currently operates under the proposed changes and the current approved fees.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The proposed rule will not have an impact on non-small businesses because the program currently operates under the proposed changes and current approved fees. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): The proposed changes will not have an impact on other persons because the program currently operates under the proposed changes.

F. Compliance costs for affected persons:

The compliance costs for the program are not changing. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and fo☒mation:

9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Subsection 4-8-104(5) UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 3 NOTICES OF PROPOSED RULES 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 10/15/2026

12. Effective Date Information This rule change MAY become effective on: 10/22/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/01/2026 designee and title: R65. Agriculture and Food, Marketing and Development. [R65-13. Utah's Own. R65-13-1. Authority and Purpose. Pursuant to Subsection 4-8-104(5) this rule provides the application procedures, standards, and requirements for membership in the Utah's Own program. R65-13-2. Definitions. (1) "Agricultural Product" means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103. (2) "Department" means the Utah Department ofAgriculture and Food. (3) "Locally ProducedAgricultural Products" means agricultural products that are grown, raised, or harvested in Utah. (4) "Member Company" means a farm or other company headquartered or incorporated in Utah that: (a) grows, raises, produces, prepares, or manufactures food in Utah; (b) manufactures a body care product in Utah; (c) produces or manufactures a dietary supplement in Utah; or (d) manufactures other products in Utah using locally produced agricultural products. (5) "Program" means the Utah's Own program. (6) "Program Mark" means the Utah's Own logo, which is trademarked by the department. R68-13-3. Membership Eligibility andApplication. (1) Aprogram applicant shall submit to the department: (a) a completed application form; (b) a copy of the company's business license; and (c) a membership fee, as outlined in the fee schedule approved by the legislature. (2) To be eligible for membership in the program, an applicant shall be headquartered or incorporated in Utah and shall: (a) grow, raise, produce, prepare ,or manufacture food in Utah; (b) produce or manufacture a dietary supplement in Utah; (c) manufacture a body care product in Utah; or (d) manufacture other products in Utah using locally produced agricultural products. (3) The department may deny membership if: (a) the applicant provides false information on the application; (b) membership status has previously been revoked; or (c) the applicant does not comply with applicable laws and regulations;or (d) the applicant has acted in a manner that may damage the reputation of the program. (4) Membership shall be valid for one year from the date of acceptance. (5) Renewal shall be submitted on forms provided by the department. (6) Program membership is nontransferable. The company must notify the department within 30 days of any change of ownership. R65-13-4. Use of the Program Mark. (1) Each member company shall be given a limited right to use the program mark as prescribed by the department. (2) Upon acceptance of the program application, the department shall provide a confirmation of membership and copies of the program mark suitable for reproduction to each member company. (3) Prior to using the program mark, the member company shall provide design concepts to the department, so that the department may validate compliance with usage guidelines. (4) Thelimitedrighttousetheprogrammarkterminatesifthemembercompanydoesnotrenewmembershipyearly,orifmembership is revoked or terminated. 4 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES R65-13-5 Marketing Support. (1) The department may provide marketing support to a member company at department discretion. (2) Additionalmarketingsupportmaybegiventoamembercompanythatuseslocallyproducedagriculturalproductsintheirsaleable product. R65-13-6. Membership Revocation and Termination. (1) Program membership may be revoked if the member company: (a) no longer meets the qualifications for membership; (b) violates any applicable statute or rule; (c) violates any agreement made between the department and the member company; (d) acts in a manner that may damage the reputation of the program.] R65-13. Utah's Own Program. R65-13-1. Authority and Purpose. (1) Subsection 4-8-104(5) authorizes this rule to establish the application procedures, standards, and requirements for participation in the program. (2) The department shall administer Utah's Own program to strengthen and promote Utah agriculture and support food and beverage products and businesses that contribute to Utah's economy. R65-13-2. Definitions. The terms in Section 4-1-109 and the following are used in this rule, defined as: (1) "Eligible Product" means a product the department authorizes to display the logo. (2) "Food service establishment" means the same as defined in Section 26B-7-401. (3) "Locally produced agricultural products" means agricultural products grown, raised, or harvested in Utah. (4) "Logo" means Utah's Own trademarked logo owned by the department. (5) "Member" or "Utah's Own Member" means a business or organization the department accepts into the program. (6) "Partner" or "Utah's Own Partner" means an organization that supports Utah agriculture or Utah's food economy but does not qualify for membership under this rule. (7) "Program" means the Utah's Own program the department administers to strengthen and promote Utah agriculture and support food and beverage products and businesses that meaningfully contribute to Utah's economy. (8) "Specialized Products" means the same as defined in Subsection 4-45a-101(10). (9) "Sponsor" or "Utah's Own Sponsor" means an organization, business, or entity that provides financial support to the program through an approved sponsorship. R65-13-3. Membership Eligibility andApplication. (1) To be eligible for membership, an applicant shall: (a) maintain headquarters in Utah; (b) maintain an active Utah business license and remain in good standing with all applicable department licensing, permitting, and registration requirements; and (c) satisfy one or more of the following: (i) grow, raise, harvest, produce, prepare, process, or manufacture food or beverages in Utah; (ii) produce or manufacture other products in Utah using locally produced agricultural products; (iii) operate or use a Utah-based contract manufacturer, co-packer, or white labeler for food or agricultural products in Utah; (iv) operate a food service establishment, farmers market, retail food establishment, or similar business that demonstrates a substantive commitment to promoting, sourcing, processing, serving, or marketing Utah agricultural products or Utah food products, as determined by the department. (2) To apply for membership, an applicant shall submit the following to the department: (a) a completed application; (b) any information required by the department; and (c) the applicable membership fee included in the fee schedule established by the Legislature. (3) In determining eligibility, the department may consider: (a) whether the applicant's primary business activities are consistent with the purposes of the program; (b) the applicant's demonstrated contribution to Utah's agricultural or food economy; (c) the applicant's commitment to promoting or utilizing Utah agricultural products where practical; and (d) any other factors relevant to carrying out the purposes of the program. (4) A farmers' market may qualify for membership regardless of establishment size if they demonstrate a primary purpose of promoting locally produced agricultural products. (5) Membership is valid for one year from the date of approval. (6) Amember may not transfer their membership. (7) Amember shall notify the department within 30 days of any ownership change. (8) The department requires a separate membership for each business entity or DBA, brand, or trade name operated by a single legal entity, unless the department approves otherwise. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 5 NOTICES OF PROPOSED RULES R65-13-4. Eligible Products. (1) Membership in the program does not authorize a member to use the Utah's Own logo on all products offered by a member. (2) Aproduct is an eligible product only if a member produced, prepared, processed, or manufactured the product in Utah. (3) The department may exclude the following from program eligibility: (a) dietary supplements; (b) medical cannabis products, as defined in Section 26B-4-201; or (c) specialized products. (4) Aproduct derived from hemp seed or hemp fiber may be an eligible product. R65-13-5. Use of Utah's Own Logo. (1) The department grants members and partners limited, revocable permission to use Utah's Own logo or variations of the Utah's Own logo. (2) Amember or partner shall use the logo only on an eligible product and in accordance with department guidelines. (3) The department may require a member or partner to submit packaging, advertising, promotional materials, or other logo applications for review and approval before use. (4) The department retains ownership of Utah's Own logo trademarked. (5) Amember or partner may not transfer or sublicense the logo. (6) The department may deny or revoke authorization to use the logo, if: (a) the use is inconsistent with this rule or department guidelines; (b) the product is not an eligible product; (c) the use is misleading; (d) the branding, packaging, marketing, or advertising is inconsistent with the purposes of the program; (e) the use may reasonably damage the reputation or credibility of the program or the department; or (f) membership or partnership expires. (7) Open distribution of promotional materials approved by the department is permitted and does not necessarily constitute infringement of the department's trademark rights. R65-13-6. Utah's Own Partners. (1) The department may designate an organization as Utah's Own partner if it supports Utah agriculture or Utah's food economy but does not qualify for member status. (2) Partners may include: (a) distributors; (b) large retail food establishments; (c) nonprofit organizations; (d) cooperatives; (e) educational institutions; (f) trade associations; (g) agricultural support businesses; (h) governmental entities; and (i) other organizations that the department determines advance the purposes of the program. (3) Partnership does not constitute membership in the program. (4) The department may authorize a partner to use the Utah's Own logo or participate in promotional activities as provided in department guidelines. R65-13-7. Utah's Own Sponsors. (1) The department may designate an entity as a sponsor if the entity provides financial support to the program through an approved sponsorship fee. (2) The department may provide sponsor promotional recognition in accordance with department guidelines. (3) Designation as a sponsor does not: (a) confer member or partner status in the program; or (b) imply department endorsement of the sponsor's products or services. R65-13-8. Marketing Support. (1) The department may provide marketing support to Utah's Own members at its sole discretion. (2) In allocating promotional opportunities, the department may prioritize a member that utilizes locally produced agricultural products. R65-13-9. Membership Denial, Revocation, and Renewal. (1) The department may deny or revoke membership if an applicant or member: (a) no longer meets eligibility requirements; (b) provides false information to the department; (c) violates applicable law or this rule; 6 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES (d) violates an agreement with the department; or (e) maintains business name, branding, products, advertising, marketing, or business practices that are inconsistent with the purposes of the program or may reasonably damage the reputation or credibility of the program or the department. (2) To renew membership, a member shall pay the program fee before the membership expiration date. R65-13-10. DepartmentAuthority. (1) Participation in the Utah's Own program is a privilege extended at the discretion of the department to further the purposes of the program. (2) The department retains sole discretion to: (a) determine eligibility; and (b) approve a member, partner, sponsor, eligible products, or the use of the logo. (3) The department may establish guidelines, application requirements, logo standards, eligibility criteria, marketing standards, and other procedures consistent with this rule. KEY: Utah's Own program, membership, partnerships, sponsorship, logo, marketing support[ in Utah's Own program] Date of Last Change: [May 28, 2020]2026 Notice of Continuation: August 31, 2022 Authorizing, and Implemented or Interpreted Law: 4-8-104(5) NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58179