HB 283

02-13 12:53  2nd Sub. (Gray) H.B. 283
                      Michael L. Kohler proposes the following substitute bill:
1Raw Milk Amendments
                                     2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Michael L. Kohler
                                             Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5      This bill addresses the regulation of raw milk.
6   Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ requires registration;
10      ▸ provides for general operational requirements;
11      ▸ addresses signage, labeling, and marketing material;
12      ▸ addresses foodborne illness outbreaks;
13      ▸ addresses testing and inspections;
14      ▸ provides for enforcement and penalties; and
15      ▸ makes technical and conforming changes.
16   Money Appropriated in this Bill:
17      None
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18   Other Special Clauses:
19      None
20   Utah Code Sections Affected:
21   AMENDS:
22      4-3-301, as last amended by Laws of Utah 2023, Chapter 528
23   ENACTS:
24      4-3-601, Utah Code Annotated 1953
25      4-3-602, Utah Code Annotated 1953
26      4-3-603, Utah Code Annotated 1953
27      4-3-604, Utah Code Annotated 1953
28      4-3-605, Utah Code Annotated 1953
2nd Sub. (Gray) H.B. 283  02-13 12:53
294-3-606, Utah Code Annotated 1953
30   REPEALS:
314-3-503, as last amended by Laws of Utah 2025, Chapter 58
32
33   Be it enacted by the Legislature of the state of Utah:
34Section 1. Section 4-3-301 is amended to read:
354-3-301 . Permits or certificates -- Application -- Fee -- Expiration -- Renewal --
36   Raw milk registration.
37   (1) [Application ] A person shall apply to the department for a permit to operate a plant,
38manufacture butter or cheese, pasteurize milk, test milk for payment, haul milk in bulk,
39or for the wholesale distribution of dairy products [shall be made to the department upon
40forms ] on a form prescribed and furnished by the department.
41   (2) Upon receipt of a proper application, compliance with the applicable rules, and payment
42of a permit fee determined by the department according to Subsection 4-2-103(2), the
43commissioner, if satisfied that the public convenience and necessity and the industry
44will be served, shall issue an appropriate permit to the applicant subject to suspension or
45revocation for cause.
46   (3) A permit issued under this section expires at midnight on December 31 of each year.
47   (4) A permit to operate a plant, manufacture butter or cheese, pasteurize milk, test milk for
48payment, haul milk in bulk, or for the wholesale distribution of dairy products, is
49renewable for a period of one year upon the payment of an annual permit renewal fee
50determined by the department according to Subsection 4-2-103(2) on or before
51December 31 of each year.
52   [(5) Notwithstanding the requirements of Subsection (1), application for a permit or
53certificate to produce milk or a raw milk product, as that term is defined in Section
544-3-503, shall be made to the department on forms prescribed and furnished by the
55department.]
56   [(6)(a) Upon receipt of a proper application and compliance with applicable rules, the
57commissioner shall issue a permit entitling the applicant to engage in the business of
58producer, subject to suspension or revocation for cause.]
59[(b) A fee may not be charged by the department for issuance of a certificate.]
60   (5) Notwithstanding Subsection (1), in accordance with Part 6, Raw Milk, on a form
61prescribed and furnished by the department, a person shall register to produce and sell
62raw milk or a raw milk product.
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63Section 2. Section 4-3-601 is enacted to read:
64Part 6. Raw Milk
654-3-601 . Definitions.
66      As used in this part:
67   (1) "Batch" means the milk emptied from one bulk tank and bottled in a single day.
68   (2) "Consumer" means an end user who purchases raw milk or a raw milk product for
69personal or household use.
70   (3) "Delivery provider" means a person who under contract with a producer delivers raw
71milk or a raw milk product to a consumer or market.
72   (4) "Destruction" means to dispose of raw milk or a raw milk product in a manner that
73prevents use or consumption of the raw milk or raw milk product.
74   (5) "Foodborne illness outbreak" means the occurrence of two or more cases from different
75households of a similar illness resulting from the ingestion of a common food.
76   (6) "Food service establishment" means the same as that term is defined in Section
7726B-7-401.
78   (7) "Market" means a retail location or establishment other than the premises of the
79producer that is registered with the department as a food establishment in accordance
80with Section 4-5-301 and where raw milk or a raw milk product is offered for sale
81directly to a consumer.
82   (8) "Premises" means the property or facility used for the:
83(a) housing or milking of lactating animals; or
84(b) processing, storage, or sale of raw milk or a raw milk product.
85   (9) "Producer" means a person that owns a lactating animal and produces, bottles, packages,
86or sells raw milk or a raw milk product.
87   (10) "Raw milk" means milk from a lactating animal that has not been pasteurized.
88   (11) "Raw milk product" means a product produced from raw milk.
89Section 3. Section 4-3-602 is enacted to read:
904-3-602 . Registration.
91   (1) A person may not produce and sell raw milk or a raw milk product without registering
92with the department.
93   (2) The registration application shall be in the form of a postcard and include:
94(a) the business name and address of the producer; and
95(b) the species of lactating animals that produce the raw milk.
96   (3)(a) Subject to Subsection (4), registration is valid for the calendar year in which the
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97person registers.
98(b) To renew a registration, a person shall file a renewal application with the department
99in the form of a postcard by no later than December 31.
100   (4) If a producer changes information listed in Subsection (2) that is provided in a postcard
101registration application, the producer shall submit a new registration application by no
102later than 30 days before the change and mark that the registration application is an
103updated application.
104Section 4. Section 4-3-603 is enacted to read:
1054-3-603 . General operational requirements.
106   (1)(a) A person may produce raw milk only from an animal owned by the registered
107producer.
108(b) Raw milk shall originate from a lactating animal, including a cow, goat, or sheep.
109   (2) A person may sell raw milk or a raw milk product only within Utah.
110   (3)(a) A producer shall obtain regular services by a licensed veterinarian for the
111producer's herd of lactating animals.
112(b) Subject to Subsection (9), a producer shall maintain veterinary care records,
113including:
114(i) routine herd health checks;
115(ii) disease screening;
116(iii) treatment documentation; and
117(iv) withdrawal period verification.
118(c) A producer shall:
119(i) comply with a withdrawal period after animal treatment;
120(ii) routinely screen for mastitis or illness; and
121(iii) refrain from selling raw milk or a raw milk product from a sick animal.
122   (4)(a) A person may not sell raw milk or a raw milk product through a food service
123establishment or under Chapter 5a, Home Consumption and Homemade Food Act.
124(b) A person may not use raw milk in a commercial kitchen, in commercial food
125processing, or in a food service establishment.
126(c) A producer may not allow raw milk or a raw milk product, including cream from raw
127milk, to be removed from the premises where that raw milk is produced unless:
128(i) the raw milk or raw milk product is delivered to a consumer or market by the
129producer or a delivery provider; and
130(ii) the label on the raw milk or raw milk product is not changed from the label
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131required under Section 4-3-604 placed on the raw milk or raw milk product by the
132producer.
133   (5)(a) A person shall cool raw milk to 41 degrees Fahrenheit or below within two hours
134of milking and maintain the raw milk or a raw milk product at or below 41 degrees
135Fahrenheit at all times.
136(b) A producer shall use a raw milk container that is tamper-resistant and food-grade.
137(c) During transport, a person shall:
138(i) maintain raw milk or a raw milk product at or below 41 degrees Fahrenheit; and
139(ii) if the producer, package the raw milk or a raw milk product in a tamper-resistant,
140food-grade container compliant with the labeling requirements of Section 4-3-604.
141   (6)(a) A producer shall use a separate enclosed facility for:
142(i) animal housing;
143(ii) milking; and
144(iii) processing and packaging.
145(b) Premises used for milking or processing and packaging shall meet the sanitation
146standards adopted by the department by rule made in accordance with Title 63G,
147Chapter 3, Utah Administrative Rulemaking Act.
148   (7)(a) A producer shall implement a recall plan approved by the department.
149(b) If a producer recalls raw milk or a raw milk product, the producer shall publish
150notice of the recall on the producer's website and social media, if any.
151   (8)(a) Raw milk or a raw milk product may not contain:
152(i) drug residues;
153(ii) aerobic bacteria that exceeds 20,000 colony forming units per milliliter;
154(iii) a coliform count that exceeds 10 colony forming units per milliliter; or
155(iv) detectable levels of listeria, salmonella, campylobacter, or shiga toxin-producing
156e. coli.
157(b) A producer shall report positive pathogen or drug residue findings to the department
158within two business days of receipt of a test finding the pathogen or drug residue.
159(c) A producer shall comply with a department rule, made in accordance with Title 63G,
160Chapter 3, Utah Administrative Rulemaking Act, detailing what steps the producer is
161to take to address a finding described in Subsection (8)(b).
162   (9)(a) A producer shall retain the following records for a minimum of two years:
163(i) animal health and treatment records described in Subsection (3);
164(ii) test results and corrective actions;
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165(iii) a record of a contract with a delivery provider and a delivery made under the
166contract; and
167(iv) a record of a sale to a market.
168(b) A producer shall maintain a temperature log for a minimum of three months.
169(c) Except as provided in Subsection (8), a producer shall disclose a record described in
170this Subsection (9) to the department upon request of the department in the case of a
171suspicion that the raw milk or raw milk product is linked to a foodborne illness
172outbreak.
173Section 5. Section 4-3-604 is enacted to read:
1744-3-604 . Signage, labeling, and marketing material -- Prohibition on use of
175   department's name or logo.
176   (1) A producer shall conspicuously post signage at the location where raw milk or a raw
177milk product is displayed for sale stating: "THIS PRODUCT IS RAW MILK OR
178MADE WITH RAW MILK."
179   (2) A person shall label a raw milk or raw milk product container with:
180(a) the statement: "RAW MILK" or "RAW MILK PRODUCT" in letters at least 1/4
181inch high;
182(b) the warning: "Raw milk, no matter how carefully produced, may be unsafe.";
183(c) a black cap for fluid raw milk; and
184(d) the following additional information:
185(i) net volume;
186(ii) production and consume-by date;
187(iii) department issued registration number;
188(iv) producer name and address;
189(v) animal source;
190(vi) ingredient list; and
191(vii) allergen statement meeting federal requirements for milk.
192   (3) A producer that sells raw milk or a raw milk product may not on signage, labels, or
193marketing material:
194(a) use the department's name or logo; or
195(b) describe raw milk or a raw milk product as grade A.
196Section 6. Section 4-3-605 is enacted to read:
1974-3-605 . Foodborne illness outbreak -- Cease and desist.
198   (1)(a) The department may prove that a producer is the likely source of a foodborne
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199illness outbreak on the basis of:
200(i) subject to Subsection (1)(c), epidemiological and statistical evidence;
201(ii) a laboratory finding;
202(iii) whole genome sequencing;
203(iv) traceback and supply chain documentation; or
204(v) a violation of safety standards.
205(b) The department is not required to obtain a pathogen-positive result to prove that a
206producer is the likely source of a foodborne illness outbreak if other evidence
207establishes the raw milk or raw milk product as the likely source of a foodborne
208illness outbreak.
209(c) Notwithstanding Subsection (1)(a)(i), if the Department of Health and Human
210Services or the department uses an epidemiological method to determine whether
211there is a foodborne illness outbreak linked to raw milk or a raw milk product, the
212epidemiological method shall include questions that probe the common sources of the
213implicated pathogen for the foodborne illness outbreak.
214   (2) The department shall issue a cease and desist order in accordance with Subsection
2154-2-606(7) if the department proves that a producer is the likely source of a foodborne
216illness outbreak linked to raw milk or a raw milk product.
217   (3)(a) Within two working days of issuing a cease and desist order, the department shall
218collect a sample of raw milk or a raw milk product for whole genome sequencing and
219may test for an item listed in Subsection 4-3-603(8)(a).
220(b) The department shall share with the producer whole genome sequencing results
221within 15 working days from the day the sample is taken under this Subsection (3)
222unless the time frame is extended by the department in writing.
223(c) Upon request of a producer, and at the producer's expense, the department shall
224submit a sample tested in one lab to a second lab approved by the department for
225testing.
226   (4) The department, the Department of Health and Human Services, or a local health
227department may publicly disclose that a producer is the likely source of a foodborne
228illness outbreak only:
229(a) if proven by a positive whole genome sequencing test; and
230(b) after the department notifies the producer in writing before the disclosure.
231Section 7. Section 4-3-606 is enacted to read:
2324-3-606 . Department testing, inspecting, or other actions -- Penalties and
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233   enforcement.
234   (1) The department may collect and test a sample of raw milk or a raw milk product:
235(a) during an inspection if there is suspicion of adulteration;
236(b) anytime there is a suspicion that the producer is linked to a foodborne illness
237outbreak; or
238(c) when the department receives a complaint from the public that a producer violates
239this part and the department discloses to the producer the underlying facts of the
240complaint before the sample is collected.
241   (2)(a) The department may inspect premises:
242(i) upon initial registration by a producer;
243(ii) anytime there is a suspicion that a producer is linked to a foodborne illness
244outbreak; or
245(iii) when the department receives a complaint from the public that a producer
246violates this part and the department discloses to the producer the underlying facts
247of the complaint before the inspection.
248(b) For a producer, the department may inspect the following under this Subsection (2):
249(i) a production area;
250(ii) a milking space; or
251(iii) a bottling or processing facility.
252   (3) The department may detain, test, or order the destruction of raw milk or a raw milk
253product:
254(a) that is adulterated or misbranded as provided in Section 4-5-401; or
255(b) if there is a suspicion that the raw milk or raw milk product is linked to a foodborne
256illness outbreak.
257   (4)(a) The department shall establish and collect a fee in accordance with Section
25863J-1-504 for a test conducted under this part or an inspection under Subsection (2).
259(b) Notwithstanding Section 63J-1-504, the department shall retain the fee as a dedicated
260credit and may only use the fee to administer and enforce this part.
261   (5) During a 12-month period, the department may impose an administrative fine against a
262person that produces or sells adulterated or misbranded raw milk or raw milk product as
263follows:
264(a) upon the first violation, an administrative fine of not more than $500;
265(b) upon a second violation, an administrative fine of not more than $1,000; and
266(c) upon a third or subsequent violation, an administrative fine of not more than $3,000.
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267   (6) The department may impose an administrative fine or suspension of operations in the
268amount and time frame listed in Subsection (5) if a producer sells raw milk or a raw
269milk product without being registered under this part.
270   (7)(a) The department may impose the following against a person that the department
271proves to be the likely source of a foodborne illness outbreak under Section 4-3-606
272during a 12-month period described in Subsection (7)(b):
273(i) upon a first proof of a foodborne illness outbreak, a cease and desist order of 14
274days;
275(ii) upon a finding of a new case after the imposition of a penalty under Subsection
276(7)(a)(i) or upon a second proof of a foodborne illness outbreak, a cease and desist
277order of 14 days and an administrative fine of $500;
278(iii) upon a finding of a new case after the imposition of a penalty under Subsection
279(7)(a)(ii) or upon a third proof of a foodborne illness outbreak, a cease and desist
280order of 14 days and an administrative fine of $1,000; and
281(iv) upon a finding of a new case after the imposition of a penalty under Subsection
282(7)(a)(iii) or upon a fourth or subsequent proof of a foodborne illness outbreak, an
283administrative fine of $3,000.
284(b) A penalty imposed under Subsection (7)(a) is based on a time period that begins the
285day on which a cease and desist order is imposed under Subsection (7)(a)(i) and ends
28612 months after the day which the cease and desist order is imposed under Subsection
287(7)(a)(i). A foodborne illness outbreak or new case that occurs after the 12-month
288period described in this Subsection (7)(b) results in the start of a new 12-month
289period.
290   (8) The department may impose a civil penalty under Section 4-2-304 for a violation of this
291part not described in Subsections (5) through (7).
292   (9) A person subject to an action under Subsections (5) through (8) may appeal the action in
293accordance with Title 63G, Chapter 4, Administrative Procedures Act.
294Section 8. Repealer.
295This bill repeals:
296Section 4-3-503, Sale of raw milk products -- Suspension of producer's permit --
297   Severability not permitted.
298Section 9. Effective Date.
299   This bill takes effect on May 6, 2026.
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