Bill Summary – FastDemocracy

Enrolled Copy                                                                      H.B. 248
                                   AGRICULTURE REVISIONS
                                       2020 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: Logan Wilde
                                 Senate Sponsor: Scott D. Sandall
 6
 LONG TITLE
 General Description:
         This bill addresses regulation of agriculture related activities.
 Highlighted Provisions:
         This bill:
         < addresses violation of rules;
         < modifies definition provisions;
         < provides for preventive control for human food regulations;
         < provides the standards for the growing, harvesting, packaging, and holding of
 produce for human consumption;
         < addresses regulation of fertilizer or soil amendments;
         < modifies requirements for aerial hunting activity;
         < addresses brand inspection provisions;
         < provides for the commissioner of agriculture and food to appoint members of the
 conservation board of supervisors and make changes related to conservation
 districts;
         < repeals provisions related to the cat and dog community spay and neuter program;
 and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
      H.B. 248                                                               Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
       4-2-303, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-2-602, as enacted by Laws of Utah 2018, Chapter 51
       4-5-102, as last amended by Laws of Utah 2019, Chapter 32
       4-5-103, as last amended by Laws of Utah 2019, Chapter 32
       4-5-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-13-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-23-106, as last amended by Laws of Utah 2019, Chapter 268
       4-24-304, as renumbered and amended by Laws of Utah 2017, Chapter 345
       4-24-308, as renumbered and amended by Laws of Utah 2017, Chapter 345
       17D-3-102, as last amended by Laws of Utah 2017, Chapter 345
       17D-3-103, as last amended by Laws of Utah 2018, Chapters 115 and 256
       17D-3-203, as last amended by Laws of Utah 2009, Chapter 350
       17D-3-301, as last amended by Laws of Utah 2017, Chapter 70
       17D-3-302, as enacted by Laws of Utah 2008, Chapter 360
       17D-3-303, as enacted by Laws of Utah 2008, Chapter 360
       17D-3-304, as enacted by Laws of Utah 2008, Chapter 360
       17D-3-305, as last amended by Laws of Utah 2019, Chapter 255
       17D-3-310, as enacted by Laws of Utah 2008, Chapter 360
       17D-3-311, as enacted by Laws of Utah 2012, Chapter 103
       26-15-1, as last amended by Laws of Utah 2017, Chapter 345
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       Enrolled Copy                                                                              H.B. 248
         59-10-1304, as last amended by Laws of Utah 2019, Chapter 89
 ENACTS:
         4-13-110, Utah Code Annotated 1953
 REPEALS:
         4-13-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
         4-40-101, as renumbered and amended by Laws of Utah 2011, Chapter 124
         4-40-102, as last amended by Laws of Utah 2017, Chapter 345
         17D-3-306, as enacted by Laws of Utah 2008, Chapter 360
         17D-3-307, as enacted by Laws of Utah 2008, Chapter 360
         17D-3-308, as enacted by Laws of Utah 2008, Chapter 360
         17D-3-309, as last amended by Laws of Utah 2011, Chapter 292
         59-10-1310, as last amended by Laws of Utah 2012, Chapter 369
70
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 4-2-303 is amended to read:
         4-2-303. Violations unlawful.
         It is unlawful for [any] a person, or the officer or employee of [any] a person, to
 willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or
 order issued under this title.
         Section 2. Section 4-2-602 is amended to read:
         4-2-602. Local Food Advisory Council created.
         (1) There is created the Local Food Advisory Council consisting of up to the following
 13 members:
         (a) one member of the Senate appointed by the president of the Senate;
         (b) two members of the House of Representatives appointed by the speaker of the
 House of Representatives, each from a different political party;
         (c) the commissioner of the Department of Agriculture and Food, or the
 commissioner's designee;
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        H.B. 248                                                                     Enrolled Copy
        (d) the executive director of the Department of Health, or the executive director's
 designee;
        (e) two crop direct-to-consumer food producers, appointed by the governor;
        (f) two animal direct-to-consumer food producers, appointed by the governor; and
        (g) the following potential members, appointed by the governor as needed:
        (i) a direct-to-consumer food producer;
        (ii) a member of a local agriculture organization;
        (iii) a food retailer;
        (iv) a licensed dietician;
        (v) a county health department representative;
        (vi) an urban farming representative;
        (vii) a representative of a business engaged in the processing, packaging, or
 distribution of food;
        (viii) an anti-hunger advocate; and
        (ix) an academic with expertise in agriculture.
        (2) (a) The president of the Senate shall designate a member of the Senate appointed
 under Subsection (1)(a) as a cochair of the commission.
        (b) The speaker of the House of Representatives shall designate a member of the House
 of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
        (c) The cochairs may, with the consent of a majority of the council, appoint additional
 nonvoting members to the council who shall serve in a voluntary capacity.
        (3) In appointing members to the council under Subsections (1)(e) through (g), the
 governor shall strive to take into account the geographical makeup of the council.
        (4) A vacancy on the council [resulting from the council] shall be filled in the same
 manner in which the original appointment [was] is made.
        (5) Compensation for a member of the council who is a legislator shall be paid in
 accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
 Compensation.
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        Enrolled Copy                                                                             H.B. 248
         (6) Council members who are employees of the state shall receive no additional
 compensation.
         (7) The Department of Agriculture and Food shall provide staff support for the council.
         Section 3. Section 4-5-102 is amended to read:
         4-5-102. Definitions.
         As used in this chapter:
         (1) "Advertisement" means a representation, other than by labeling, made to induce the
 purchase of food.
         (2) (a) "Color additive":
         (i) means a dye, pigment, or other substance not exempted under the federal act that,
 when added or applied to a food, is capable of imparting color; and
         (ii) includes black, white, and intermediate grays.
         (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
 other agricultural chemical that imparts color solely because of the chemical's effect, before or
 after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or
 other natural physiological process of any plant life.
         (3) (a) "Consumer commodity" means a food, as defined by this [act] chapter, or by the
 federal act.
         (b) "Consumer commodity" does not include:
         (i) a commodity subject to packaging or labeling requirements imposed under the
 Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
         (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
         (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
 601 et seq.;
         (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
 451 et seq.;
         (v) a tobacco or tobacco product; or
         (vi) a beverage subject to or complying with packaging or labeling requirements
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        H.B. 248                                                                          Enrolled Copy
 imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
           (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
 injurious agents.
           (5) (a) "Farm" means an agricultural operation, under management by one entity, that
 grows or harvests crops.
           (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a)[,] or 21
 C.F.R. 112.5[, or 21 C.F.R. 117.3].
           (6) "Farmers market" means a market where a producer of a food product sells only a
 fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.
           (7) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
 et seq.
           (8) "Food" means:
           (a) an article used for food or drink for human or animal consumption or the
 components of the article;
           (b) chewing gum or chewing gum components; or
           (c) a food supplement for special dietary use [which] that is necessitated because of a
 physical, physiological, pathological, or other condition.
           (9) (a) "Food additive" means a substance, the intended use of which results in the
 substance becoming a component, or otherwise affecting the characteristics, of a food.
           (b) (i) "Food additive" includes a substance or source of radiation intended for use in
 producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
 holding food.
           (ii) "Food additive" does not include:
           (A) a pesticide chemical in or on a raw agricultural commodity;
           (B) a pesticide chemical that is intended for use or is used in the production, storage, or
 transportation of a raw agricultural commodity; or
           (C) a substance used in accordance with a sanction or approval granted pursuant to the
 Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
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        Enrolled Copy                                                                            H.B. 248
 21 U.S.C. Sec. 601 et seq.
         (10) (a) "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.
         (b) "Food establishment" does not include:
         (i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry
 Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
 U.S.C. Sec. 601 et seq.; or
         (ii) a farmers market.
         (11) "Label" means a written, printed, or graphic display on the immediate container of
 an article of food.
         (12) "Labeling" means a label and other written, printed, or graphic display:
         (a) on an article of food or the article of food's container or wrapper; or
         (b) accompanying the article of food.
         (13) "Official compendium" means the official documents or supplements to the:
         (a) United States Pharmacopoeia;
         (b) National Formulary; or
         (c) Homeopathic Pharmacopoeia of the United States.
         (14) (a) "Package" means a container or wrapping in which a consumer commodity is
 enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
         (b) "Package" does not include:
         (i) a package liner;
         (ii) a shipping container or wrapping used solely for the transportation of a consumer
 commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail
 distributor; or
         (iii) a shipping container or outer wrapping used by a retailer to ship or deliver a
 consumer commodity to a retail customer, if the container and wrapping bear no printed
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        H.B. 248                                                                         Enrolled Copy
 information relating to the consumer commodity.
         (15) (a) "Pesticide" means a substance intended:
         (i) to prevent, destroy, repel, or mitigate a pest, as defined under [Subsection] Section
 4-14-102[(20)]; or
         (ii) for use as a plant regulator, defoliant, or desiccant.
         (b) "Pesticide" does not include:
         (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
 the United States Secretary of Health and Human Services not to be a new animal drug by
 federal regulation establishing conditions of use of the drug; or
         (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
 drug.
         (16) "Principal display panel" means that part of a label that is most likely to be
 displayed, presented, shown, or examined under normal and customary conditions of display
 for retail sale.
         (17) "Produce" means a food that is a:
         (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any
 seed source, peanut, tree nut, or herb; and
         (b) raw agricultural commodity.
         (18) "Raw agricultural commodity" means a food in the food's raw or natural state,
 including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural
 form [prior to] before marketing.
         (19) "Registration" means the commissioner's issuance of a certificate to a qualified
 food establishment.
         (20) "Sprout" means the shoot of a plant generally harvested when cotyledons are
 undeveloped or underdeveloped and mature leaves have not emerged.
         Section 4. Section 4-5-103 is amended to read:
         4-5-103. Adulterated food specified.
         (1) A food is adulterated:
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       Enrolled Copy                                                                            H.B. 248
        (a) if the food bears or contains a poisonous or deleterious substance in a quantity that
 may ordinarily render the food injurious to health;
        (b) if the food bears or contains an added poisonous or added deleterious substance that
 is unsafe within the meaning of Subsection 4-5-204(1);
        (c) except as provided in Subsection (3), if the food:
        (i) is a raw agricultural commodity; and
        (ii) bears or contains a pesticide chemical that is unsafe within the meaning of 21
 U.S.C. Sec. 346a;
        (d) if the food is, bears, or contains a food additive that is unsafe within the meaning of
 21 U.S.C. Sec. 348;
        (e) if the food consists in whole or in part of a diseased, contaminated, filthy, putrid, or
 decomposed substance;
        (f) if the food is otherwise unfit for food;
        (g) if the food has been produced, prepared, packed, or held under unsanitary
 conditions whereby the food may have:
        (i) become contaminated with filth; or
        (ii) been rendered diseased, unwholesome, or injurious to health;
        (h) if the food is, in whole or in part, the product of:
        (i) a diseased animal;
        (ii) an animal that has died other than by slaughter; or
        (iii) an animal that has fed upon the uncooked offal from a slaughterhouse;
        (i) if the food's container is composed, in whole or in part, of a poisonous or
 deleterious substance that may render the contents injurious to health;
        (j) if the food [has been] is intentionally subjected to radiation, unless the use of the
 radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204, or
 21 U.S.C. Sec. 348;
        (k) if the food:
        (i) is a meat