1. (1)

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

      1. (i) permits;
      2. (ii) building and premises requirements;
      3. (iii) sanitation and operating requirements, including bulk milk tank requirements;
      4. (iv) additional tests;
      5. (v) use of a third-party testing laboratory within or outside of the state;
      6. (vi) frequency of inspections, including random cooler checks;
      7. (vii) recordkeeping; and
      8. (viii) packaging and labeling.
   2. (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.
   3. (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. (2)

   1. (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.
   2. (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. (3)

   1. (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:

      1. (i) upon the first violation, a penalty of no more than $300;
      2. (ii) upon a second violation, a penalty of no more than $750; and
      3. (iii) upon a third or subsequent violation, a penalty of no more than $1,500.

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

      1. (i) suspending a permit under Section 4-3-605; or
      2. (ii) issuing a cease and desist order under Section 4-3-606.

Enacted by Chapter 450, 2026 General Session