Utah Code § 4-3-607: Department rulemaking -- Fees -- Penalties and enforcement.

(1)

(a) Rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall include rules regarding:

(i) permits;

(ii) building and premises requirements;

(iii) sanitation and operating requirements, including bulk milk tank requirements;

(iv) additional tests;

(v) use of a third-party testing laboratory within or outside of the state;

(vi) frequency of inspections, including random cooler checks;

(vii) recordkeeping; and

(viii) packaging and labeling.

(b) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product.

(c) A producer operating under Section 4-3-608 or 4-3-609 is exempt from a rule made by the department under this part.

(2)

(a) The department may establish and collect a fee in accordance with Section 63J-1-504 for the testing or an inspection conducted in accordance with this part.

(b) Notwithstanding Section 63J-1-504, the department shall retain the fee imposed under this Subsection (2) as a dedicated credit and may only use the fee to administer and enforce this part.

(3)

(a) If the Department of Health and Human Services or the department links a producer's raw milk or raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this part, the department may impose upon the producer the following administrative penalties:

(i) upon the first violation, a penalty of no more than $300;

(ii) upon a second violation, a penalty of no more than $750; and

(iii) upon a third or subsequent violation, a penalty of no more than $1,500.

(b) The department may impose the penalties described in Subsection (2)(a) in addition to:

(i) suspending a permit under Section 4-3-605; or

(ii) issuing a cease and desist order under Section 4-3-606.