ut-20260915-R70-330: R70-330. Raw Milk for Retail

1. Agency Information

Title catchline: Agriculture and Food, Regulatory Services 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 Travis Waller 801-982-2200 Twaller@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:

In the 2026 General Session, the Utah Legislature passed HB 179 , Milk Amendments, which repealed Section 4-3-503 and enacted Part 6 under Title 4, Chapter 3 of the Utah Dairy Act. HB 179 (2026) significantly restructured the statutory framework governing raw milk production, testing, labeling, off-premises retail sales, and small-producer exemptions. This rulemaking is necessary to repeal and adopt Rule R70-330 to align it with new statutory mandates, clarify operational and sanitation standards for permitted producers, and eliminate redundant provisions that codified with HB 179 (2026).

C. Summary of the new rule or change:

Due to the significant statute changes resulting in revising this rule, the Department of Agriculture and Food (department) is filing the changes as a repeal and readopt. 16 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES The majority of the changes were removing redundant information from this rule because it was found in the statute per HB 179 (2026) and rewriting the remaining requirements to align with the Rulewriting Manual for Utah. The specific changes include rewriting Sections R70-330-4, R70-330-5, R70-330-8, and R70-330-10 to use active voice and the present tense. Section R70-330-3 clarifies the process and inspection requirements for obtaining a raw milk permit. Section R70-330-6 defines criteria for certified third-party testing laboratories and outlines the department's authority to mandate additional testing for somatic cell counts and antibiotic residues. Section R70-330-7 clarifies the department's inspection authority, explicitly covering annual facility audits and unannounced cooler checks. Section R70-330-9 establishes a standardized 12-month record-retention schedule for all essential documentation, including batch logs, testing results, herd health certificates, and water potability tests. 4. Legislative Action Information

B. If yes, any bill number and HB 179 (2026 General Session)

session: 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule imposes no additional fiscal impact on the state budget, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

B. Local governments:

There will be no fiscal impact on local governments, as this program is managed at the state level, consistent with the findings in the fiscal notes for HB 179 (2026).

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

This rule imposes no additional fiscal impact on small businesses, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

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

This rule imposes no additional fiscal impact on non-small businesses, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026). 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): This rule imposes no additional fiscal impact on other persons, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

F. Compliance costs for affected persons:

The compliance costs are not changing for this program. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 17 NOTICES OF PROPOSED RULES 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 formation:

☒ 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: Section 4-3-607 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: R70. Agriculture and Food, Regulatory Services. [R70-330. Raw Milk for Retail. R70-330-1. Purpose andAuthority. (1) Promulgated under the authority of Section 4-3-201. (2) Pursuant to Section 4-3-503, this rule establishes the Raw Milk for Retail Program and the requirements for the manufacture, production, distribution, holding, delivery, storage, offering for sale, and sale of raw milk for retail. 18 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES R70-330-2. Definitions. (1) "Department" means the Utah Department ofAgriculture and Food. (2) "Milk" means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hoofed animals. (3) "PMO" means the 2019 revision of the Grade "A" Pasteurized Milk Ordinance published by the U.S. Public Health Service and U.S. Food and DrugAdministration, which is incorporated by reference. (4) "Properly staffed" means a person on the premise available to sell milk, exchange money, and lock and secure the retail store. (5) "Raw milk" means unpasteurized milk. (6) "Raw milk product" means any product produced from raw milk. R70-330-3. Permits. (1) Any person who manufactures, distributes, sells, delivers, holds, stores, or offers for sale raw milk and raw milk products in Utah shall have a permit issued by the department. (2) The permit shall be suspended if this rule or applicable sections of Title 4, Chapter 3, the Utah DairyAct are violated. R70-330-4. Building and Premises Requirements. (1) Permittees shall follow the building requirements in the PMO. (2) Permitted facilities shall have separate rooms that meet or exceed the construction standards in the PMO for a milkhouse for: (a) the packaging and sealing of raw milk and raw milk products; (b) the washing of returned multi-use containers; and (c) the sale of raw milk in a properly protected area not located in any of the milk handling rooms. (3) Animals are restricted from the milkhouse (4) Animals that are not used for the production of milk shall be restricted from the following: (a) milk barn; (b) areas immediately surrounding the milkhouse and milk barns; (c) areas where cow or goat normal traffic; and (d) areas where milk customers are located. R70-330-5. Sanitation and Operating Requirements. (1) Permitted facilities shall follow the sanitation and operation requirements of the PMO for a dairy farm producing milk for pasteurization. Milk packaging areas and container washing areas at the raw milk facilities shall meet the requirements in the PMO for a pasteurized milk processing plant. (2) Milk not handled in a manner required by this rule is considered adulterated and may not be sold. (3) Raw milk used to produce a raw milk product shall be: (a) cooled to 50 degrees Fahrenheit (F) or less within one hour after being drawn from the animal; (b) further cooled to 41 degrees F or less within two hours of being drawn from the animal; and (c) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is delivered to the consumer or used to produce the raw milk product. (d) The blend temperature after the first milking and subsequent milkings may not exceed 50 degrees F. (4) Any raw for retail farm bulk milk tanks put into use on or afterAugust 7, 2007, shall be equipped with an approved temperature- recording device, in addition to the indicating thermometer. Daily temperature logs shall be maintained for bulk milk tanks in use before August 7, 2007. (5) The recording thermometer shall be: (a) in compliance with the current technical specification in the PMO; (b) operated continuously; (c) maintained in a properly functioning manner; (d) installed near the milk storage tank; and (e) accessible to the department. (5) Recording thermometer charts shall: (a) properly identify the permittee, date, and signature of the person removing the chart; (b) be maintained on the premises for at least six months and available to the department; and (c) not overlap if the recording thermometer chart is a circular recording chart. (6) The temperature of the milk when bottling may not exceed 41 degrees F. (7) The sale and delivery of raw milk and raw milk products shall be made on the premise where the milk is produced and packaged, or at a self-owned, properly staffed, retail store. (a) Sanitation and construction requirements of the facilities used as self-owned, retail stores shall be those contained in Title 4, Chapter 5, the Wholesome FoodAct. (b) The permittee shall transport raw milk or raw milk products with no intervening storage, change of ownership, or loss of physical control. (i) The temperature of the milk shall be maintained at 41 degrees F or below. (ii) Each display case shall have a properly calibrated thermometer, and a daily temperature log shall be maintained and accessible to the department. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 19 NOTICES OF PROPOSED RULES (8) Raw milk brick cheese, when held at no less than 35 degrees F for 60 days or longer, may be sold at retail stores or for wholesale distribution, at locations other than the premise where the milk was produced. (9) Except as provided in this rule, products made from raw milk are not be allowed for sale in Utah. (10) Milk that has been heat treated, may not be labeled as "Raw Milk" for retail sale. (11) Pursuant to Title 4, Chapter 5, the Wholesome Food Act, each self-owned retail store that sells raw milk or raw milk products shall be inspected by the department no less than four times per year. (12) Pursuant to Section 63J-1-504, the department shall establish and collect a fee for the inspections required by this rule. The fees shall be retained as dedicated credits and may be used to administer and enforce the Raw Milk for Retail Program. R70-330-6. Bacteriological Standards. (1) The bacterial standards for raw milk shall be a bacterial count of no more than 20,000 per milliliter (mL) and a coliform count of no more than 10 per mL. (2) The department shall suspend a permit issued under Section 4-3-301 if two out of four consecutive samples or two samples in a 30-day period violate the sample limits established in this rule. (3) If bacterial test results for a sample show results outside of those allowed in Subsection R70-330-6(1), the sample shall be tested for pathogens based on product type as outlined in Table 1. TABLE 1 Required Pathogen Testing Raw Milk and Raw Cream Raw Cheese Listeria Monocytogenes Listeria Monocytogenes

E. Coli 0157:H7 E. Coli 0157:H7

STEC STEC Salmonella Salmonella Campylobacter jejuni R70-330-7. Raw Milk for Retail Testing. (1) Unpackaged raw milk (a) The department shall: (i) collect a representative sample of milk from each raw for retail farm bulk tank once each month; (ii) deliver each sample to the state dairy testing laboratory; and (iii) administer tests including those prescribed for raw milk for pasteurization as found in the PMO. (b) The somaticcell count in unpackaged rawmilk for retail may not exceed 400,000 cellspermLfor cows, and not exceed 1,500,000 cells per mL for goats. (2) Packaged raw milk sold on premise (a) The department shall: (i) collect a representative sample of packaged raw milk once each month; (ii) deliver samples to the state dairy testing laboratory or a certified independent laboratory that is included in the list of Interstate Milk Shippers (IMS) maintained by the U.S Food and DrugAdministration; and (iii) ensure testing includes those tests prescribed for grade "A" pasteurized milk as found in the PMO. (b) Acopy of any third-party test results shall be sent to the department. (3) Packaged raw milk sold at self-owned retail stores (a) The producer shall: (i) allow a department certified sampler to collect a sample from each batch of milk; (ii) submit the sample to the state dairy testing laboratory or a certified independent laboratory that is included in the IMS to be tested for antibiotic drug residue, standard plate count and coliform count; and (iii) withhold any milk from the sampled batch from sale until the results of the tests are known. (b) Acopy of any third-party test results shall be sent to the department. (c) If a sample result exceeds the standard in any of the prescribed categories the permittee shall: (i) not allow the milk to enter commerce; (ii) recall any milk from the failed batch already in commerce; and (iii) dispose of the milk in a manner agreeable to the department. (d) The producer shall keep and make available to both the department and the Utah Department of Health and Human Services a database of any customers, which shall include: (i) names; 20 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES (ii) addresses; (iii) telephone numbers of customers; (iv) dates of purchases; and (v) amounts of milk purchased. (e) If another agency's epidemiological investigation finds probable cause to implicate a raw for retail dairy in a milk borne illness outbreak, the raw for retail permit may be suspended by the department until a time as milk samples are pathogen free when analyzed by the department or other department approved testing laboratories, and until an inspection can be performed at the facility by a compliance officer from the department. (4) If three out of five samples fail to meet the standard established in this rule in a 5-month period, the department shall suspend the raw for retail permit. (a) The suspension shall remain effective until a sample result meets the standard. (b) Atemporary permit shall be issued when the sample result meets the standard. (c) The permit shall be fully reinstated when three of five samples meet the standard in a five-month period. (d) Full reinstatement will require an inspection by the department, which cost will be the permittee's responsibility. (5) If the sample tests are positive for any pathogen, the raw for retail permit shall be immediately suspended. The permit may be reinstated following negative testing for any pathogens associated with the product type, as set forth in Table 1. (6) The producer is responsible for the cost of any testing and retesting, including applicable shipping fees. (7) Pursuant to Section 63J-1-504, the department shall establish and collect a fee for the tests this rule requires. The fees shall be retained as dedicated credits and may be used to administer and enforce the Raw Milk for Retail Program. R70-330-8. Animal Health. (1) Testing shall be needed in the event that the United States Department ofAgricultureAnimal and Plant Health Inspection Service (USDA/APHIS) has determined that Utah is not "Certified Free" of zoonotic disease. (a) Tests shall be conducted in the following manner: (i) each animal shall be examined by a veterinarian before inclusion in a raw milk supply; (ii) examination by veterinarians shall be conducted every six months; (iii) each animal in the herd must be positively identified as an individual; (iv) the examination shall include an examination of the milk by a method recommended by the PMO; and (v) the test shall include a statement of the udder health of each animal, and a general systemic health evaluation. (b) Tuberculosis tests shall be conducted in the following manner: (i) each animal shall have been tested for tuberculosis within 60 days before the beginning of milk production; (ii) each animal shall be retested for tuberculosis once each year; and (iii) each positive reacting animal shall be sent to slaughter in accordance with Rule R58-11. (c) Each bovine animal from which raw milk for retail is produced shall be positively identified as a properly vaccinated animal or shall be negative to the official blood test for brucellosis within 30 days before the beginning of each lactation. (i) Each positively reacting animal shall be sent to slaughter in accordance with Rule R58-11. (ii) Goats and sheep shall be tested once each year for brucellosis with the official blood test and each positively reacting animal shall be sent to slaughter in accordance with Rule R58-11. (2) Each bulk tank shall be tested at least four times yearly with the brucella milk ring test. (a) If the brucella ring test is positive for brucellosis, each animal in the herd shall be tested with the official blood test and any reactors found shall be immediately sent to slaughter in accordance with Rule R58-11. (3) This section shall not apply if the state veterinarian has determined that an animal species in Utah which is milked for human or animal consumption is not at risk for a specific zoonotic disease. R70-330-9. Personnel Health. (1) Each employee of a dairy involved in a milk handling operation shall get a valid medical examination health card signed by a physician and approved by the department once each year and shall hold a valid food handler's permit. (2) No person shall work in a milk handling operation if infected from any contagious illness or if they have on their hands or arms any exposed infected cut or lesion. (3) The department may ask for an additional certification from a physician that a person is free from disease that may be transmitted by milk. R70-330-10. Packaging and Labeling. (1) Each raw milk for retail product label shall meet the requirements outlined in Title 4, Chapter 3, the Utah DairyAct. (2) Containers for raw milk for retail products shall be furnished by the permittee and shall be labeled with the following: (a) marked as "Raw Milk" without grade designation; (b) if the product is other than cow's milk, the word "milk" shall be preceded with the name of the animal, "Raw Goat Milk" for example; (c) the name, address, and zip code of the place of production and packaging; (d) volume of the product; (e) the phrase: "Raw milk, no matter how carefully produced, may be unsafe", the height of the smallest letter shall be no less than one-eighth inch; UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 21 NOTICES OF PROPOSED RULES (f) the phrase: "Keep Refrigerated", the height of the smallest letter no less than one-eighth inch; and (g) the words "raw" and "milk" shall be the same size lettering. (3) Products not labeled as required are considered misbranded. R70-330-11. Limitations on Raw Milk Distribution. (1) Raw milk distribution to the public for human consumption is limited to the following circumstances: (a) raw milk sold by a permittee on their farm ; and (b) raw milk products sold by a permittee at a self-owned off-premise retail store. (2) The giving away of raw milk or raw milk product samples to the public is prohibited. R70-330-12. Penalty-Sale of Raw Milk Without a Permit. If a permittee is selling raw milk products without a permit issued by the department, the department may impose the following administrative penalties, pursuant to Subsections 4-2-304(1)(a) and 4-3-401(2): (1) for the first violation, a penalty of at most $300; (2) for the second violation, a penalty of at most $750; (3) for the third violation, a penalty of at most $1,500; and (4) for the fourth or subsequent violation, a penalty of, at most, $5,000.] R70-330. Raw Milk Permitting and Operational Standards. R70-330-1. Purpose andAuthority. (1) The department enacts this rule under Section 4-3-607. (2) This rule establishes administrative, operational, sanitation, packaging, labeling, and product standards for a producer holding or seeking a permit to produce, process, or distribute raw milk or a raw milk product. R70-330-2. Definitions. Terms used in this rule mean as defined in Section 4-3-601. R70-330-3. Permits. (1) An applicant shall submit a completed permit application on a department-provided form at least 30 days before selling raw milk. (2) The department shall inspect the applicant's premises to verify compliance with this rule before issuing a permit under Section 4-3-301. (3) Apermittee may not transfer a permit to another person or location. R70-330-4. Building and Premises Requirements. (1) Aproducer shall maintain a facility structured to minimize milk contamination. (2) Aproducer shall construct three separate, clean, enclosed rooms dedicated to: (a) milking; (b) packaging or sealing; and (c) storing raw milk. (3) Aproducer shall provide a designated, sanitary area for cleaning, sanitizing, and storing multi-use milk containers. (4) A producer shall physically separate any retail sales area from rooms or areas where animals are milked, or milk is handled or processed. (5) Aproducer shall ensure that all milk-handling areas: (a) feature smooth, non-absorbent, and easily cleanable floors and walls; (b) remain free of dust, debris, and unnecessary equipment; and (c) remain dry. (6) Aproducer shall: (a) manage and drain livestock environments, including paddocks and shelters to remain clean; (b) implement time or space separation to ensure that poultry, swine, or other livestock do not enter milking or milk-handling areas; (c) maintain adequate pest and rodent control measures in all buildings; and (d) ensure that the immediate perimeter surrounding the milkhouse and milking areas is free of stagnant water, accumulated manure, and excessive mud. (7) A producer shall use a water supply that the producer tests annually for potability and maintains free of environmental contamination. R70-330-5. Sanitation, Operating, and Bulk Milk Tank Requirements. (1) Aproducer shall implement a sanitation routine that prevents the adulteration of raw milk. (2) Aproducer shall clean and sanitize all milk-contact surfaces, milking equipment, transfer lines, and bulk tanks after each use. (3) Aproducer shall use food-grade cleaning agents according to manufacturer specifications. (4) Aproducer shall maintain a sanitization log on the premises that records the date, time, and method used for equipment cleaning. (5) Before milking, a producer shall: (a) keep udders and teats visibly clean, dry, and free of manure or mud; and (b) wipe teats with a single-use sanitizing cloth or paper towel. 22 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES (6) Aproducer shall apply a department-approved post-milking teat dip immediately after milking. (7) Aproducer shall ensure that personnel wear clean attire and use sanitized milk-handling tools during operation. (8) Aproducer shall ensure that bulk milk tanks: (a) consist of stainless steel or other approved non-absorbent, corrosion-resistant material; (b) feature tight-fitting covers and sanitary outlets; (c) include a department-approved temperature-recording device for tanks put into service on or afterAugust 7, 2007; and (d) maintain temperature-recording charts for at least six months, which includes: (i) the date; (ii) the producer's name; and (iii) the signature of the individual who reviewed and verified the recorded temperature. R70-330-6. Additional Tests and Use of Third-Party Testing Laboratories. (1) Aproducer using a third-party laboratory to satisfy the requirements of Section 4-3-602 shall ensure the laboratory: (a) holds a current certification from the department; (b) holds ISO/IEC 17025 accreditation for microbiological testing of food or dairy products; or (c) appears on the federal Interstate Milk Shippers list. (2) Inadditionto batchbacterialandcoliformcounts,thedepartmentmayrequireaproducertotestfor somaticcellcount orantibiotic residues. R70-330-7. Frequency of Inspections Including Random Cooler Checks. (1) The department shall annually inspect each permitted production facility, as well as any mobile units utilized by the producer, designated agents, or third-party vendors for raw milk distribution. (2)(a) In accordance with Section 4-3-203, the department may conduct random inspections at reasonable times and places to ensure compliance with Title 4, Chapter 3, Utah DairyAct, and this rule. (b) Random inspections may include unannounced checks of mobile units and retail display cases to verify refrigeration standards. (c) Mobile units must present calibrated temperature monitoring devices and continuous temperature logs upon request. (3) A producer shall grant the department access to all milk-handling areas, records, and temperature logs during regular business hours. (4) A permittee shall pay any inspection or testing fee established by the department under Subsection 4-3-607(2) and Section 63J- 1-504. (5) A producer who relies on a designated agent or third-party vendor for transport shall maintain an active manifest that includes vehicle identification, transport routes, and designated handlers for department review. R70-330-8. Animal Health. (1)Aproducer shall mark each animal in a raw milk production herd with an official animal identification tag or microchip. (2) Aproducer shall ensure that a licensed veterinarian examines each herd animal for general systemic health and udder health: (a) before adding the animal to the milking herd; and (b) at least once every six months thereafter. (3) A producer shall maintain official veterinary inspection certificates and disease testing records on the premises in accordance with Section R70-330-9. (4) A producer shall immediately remove an animal from the milking herd if the animal exhibits clinical signs of disease, mastitis, or if the animal tests positive for a contagious or zoonotic disease. R70-330-9. Recordkeeping. (1) Aproducer shall maintain the following records on the premises for at least 12 months: (a) daily batch production and distribution logs; (b) test results for each batch showing compliance with Subsection 4-3-602(2)(i); (c) animal herd health and disease testing records; and (d) water supply safety test results. (2) Aproducer shall make required records available to department personnel upon request during regular business hours. R70-330-10. Packaging and Labeling. (1) Aproducer shall package raw milk and raw milk products in clean, sanitary, and food-grade containers. (2) Aproducer shall package: (a) raw milk in containers of one gallon or less; and (b) raw milk products in containers or packages of five gallons or less. (3) Under Subsection 4-3-604(2)(d), a producer shall cap each container of raw milk or raw milk product with a black cap. (4) In addition to the requirements of Section 4-3-604 and 21 CFR Part 101, a producer shall ensure container labels display: (a) the species of animal producing the milk, such as "Raw Goat Milk" or "Raw Sheep Milk", if the product is derived from an animal other than a cow; (b) handling instructions stating "Keep Refrigerated"; and (c) required label text printed in a contrasting, legible font with a minimum height of one-eighth inch. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 23 NOTICES OF PROPOSED RULES R70-330-11. Standards of Identity and Product Standards. (1) Raw milk products shall conform to product standards under 21 CFR Parts 131, 133, and 135, except that the producer shall manufacture the product without pasteurization. (2) Aproducer shall manufacture raw butter to contain at least 80% milkfat by weight. (3) Aproducer shall ensure raw milk and raw milk products comply with Chapter 5, Utah Wholesome FoodAct, and applicable rules governing food establishments. (4) A producer may not offer for sale, distribute, or hold raw milk or a raw milk product that is adulterated, which occurs if the raw milk or a raw milk product: (a) contains added water, antibiotic residues, or unauthorized chemicals; (b) exceeds somatic cell count standards; (c) originates from an animal exhibiting clinical signs of disease or mastitis; or (d) contacts equipment that is not clean and sanitized. (5) Aproducer may not label or represent a product as "raw milk" or a "raw milk product" unless it is: (a) produced under a valid permit issued by the department; or (b) meets the exemption requirements listed in Section 4-3-608 or 4-3-609. (6) The department may issue an order to remove from sale any raw milk or raw milk product that is misbranded or adulterated. KEY: dairy inspections, raw milk, raw milk products, permits, labeling Date of Last Change: 2026[August 1, 2023] Notice of Continuation: January 8, 2026 Authorizing, and Implemented or Interpreted Law: 4-3-201 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58211