Utah Admin. Code R2 — Agriculture and Food

R51 Administration

R51-2 Administrative Procedures and Compliance Actions

Utah Admin. Code R51-2-1 Authority and Purpose

(1) This rule is enacted under Sections 4-1-104, 4-2-103, and 63G-4-203.

(2) This rule provides the department's procedures for informal adjudicative proceedings, compliance actions, and appeals.

(3) This rule applies to proceedings that begin on or after the rule's effective date and supersedes any conflicting compliance, citation, or penalty escalation provisions in other department rules.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-2 Definitions

Terms used in this rule are defined in Sections 4-1-109 and 63G-4-103, in addition:

(1) "Appeal" means a written request filed by a respondent to contest a department citation, order, or notice of violation as provided in Section 63G-4-201.

(2) "Citation" means a notice of agency action issued by the department for a violation of a statute or rule where an administrative fine is assessed under Section 4-2-304.

(3) "Date of service" means the date the department transmits the citation or order, which includes:

(a) the date of personal delivery;

(b) the postmark date on the certified mailing; or

(4) "Emergency Order" means an order issued under Section 63G-4-502 to address an immediate and significant danger to public health, safety, or welfare.

(5) "Hold Order" means a notice of agency action to detain, seize, embargo, or stop the sale or use of a product or animal due to a violation of statute or rule.

(6) "Notice of Violation" means a notice of agency action issued for a violation of statute or rule where corrective action is required.

(7) "Presiding officer" means an individual designated by the Commissioner to conduct an adjudicative proceeding, including a division director or a hearing officer, as provided in Section 63G-4-103.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-3 Department Actions and Service

(1) Under Section 63G-4-502, the department may issue an emergency order if there is an immediate danger to public health, safety, or welfare.

(2) The department may issue a notice of agency action as:

(a) a hold order or embargo;

(b) a citation where a fine is assessed; or

(3) A notice of agency action issued under this section shall be in writing and include:

(a) the citation or order number;

(b) the name and address of the respondent;

(c) a brief statement of the facts, the specific evidence found during an inspection, and the statutes or rules violated;

(d) any administrative fine amount for a citation, the required corrective actions for a notice of violation, or the specific restrictions on use or movement for a hold order;

(e) a mandatory deadline for compliance or payment;

(f) a statement of the respondent's right to appeal the department's action in writing within 30 days of the action being taken;

(g) a warning that failure to respond or participate may result in the action becoming final;

(h) the name and number of a department employee to contact regarding the action; and

(i) the signature of the presiding officer or designated representative.

(4) The department shall serve a citation or a hold order to a respondent within three business days after the document is signed and dated using one of the following methods:

(a) personal delivery;

(b) certified mail to the respondent's last known address; or

(5) A person may not release, move, or alter a product, animal, or condition subject to a hold order issued under this section without a written release from the department.

(6) A person may not interfere with a product, animal, or equipment subject to a hold order or embargo that the department has physically tagged or marked, by:

(a) removing, defacing, or altering a department tag or mark without written authorization; or

(b) otherwise interfering with the physical security of the held item.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-4 Appeals and Informal Adjudicative Proceedings

(1) To appeal a department action, a respondent shall submit a written appeal to the presiding officer within 30 days of the service date.

(2) The written appeal shall contain the following:

(a) a statement of grounds for the appeal;

(b) statement of relief being requested;

(d) identification of the department action being appealed.

(3) The Department may take one or more of the following actions upon receipt of a timely appeal;

(a) hold a hearing;

(b) engage in settlement negotiations; or

(4) The department designates the following as informal proceedings:

(a) an action to deny, revoke, suspend, or modify a permit, license, registration, or certification;

(b) an order of corrective action; or

(5) During an informal hearing:

(a) a party may testify, present evidence, and comment on the issues;

(b) a party may access relevant information in the department's files, as allowed by law; and

(6) After the close of an informal hearing, the presiding officer shall issue a signed, written final order that includes:

(a) the decision and reasons for that decision; and

(b) a notice of the right to further reconsideration and the applicable time limits.

(7) A presiding officer shall conduct hearings according to Section 63G-4-203 and may record the proceedings.

(8) The presiding officer shall promptly serve their final order using a method described in Subsection R51-2-3(4), which starts the 20-day deadline for a request for reconsideration.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-5 Settlement Conferences

(1) The department may schedule a settlement conference before scheduling a hearing if the department has reason to believe the matter could be resolved without an informal hearing.

(2) If the parties reach a settlement:

(a) both parties shall sign a written agreement; and

(b) the signed agreement constitutes a final order, which resolves all matters related to the action.

(3) If the parties do not reach an agreement, the department shall schedule an informal hearing.

(4) While settlement negotiations are in process, the department may not:

(a) consider a fine delinquent; or

(b) increase the fine under Section R51-2-6.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-6 Fines and Debt Collection

(1)(a) A respondent shall pay an administrative fine on or before 30 days after the date of service of the citation.

(b) If a respondent appeals a department action, the department may not collect the fine until the presiding officer issues a final order.

(c) If the presiding officer issues a fine as part of a final order, the respondent shall pay the fine on or before 30 days after the date of service of the final order.

(2) If a fine has not been paid 30 days after the date of service of the citation or 30 days after the date of service of the final order, the department shall:

(a) record the debt into the state accounting system; and

(b) increase the fine amount up to double the original assessment.

(3) An escalated fine under this section may not exceed;

(a) $5,000 per violation as authorized by Section 4-2-304; or

(b) the maximum penalty amount authorized by a specific statute under which the violation occurred, whichever is greater.

(4) After a fine meets the deadline in Subsection R51-2-6(2), the department may attempt to collect the debt for an additional 90 days in collaboration with the Office of the Attorney General.

(5) After a total of 120 days of non-payment from the original date of violation or citation, the department may refer a delinquent account to the Office of State Debt Collection (OSDC) under Section 63A-3-502.

(6) The department may withhold the issuance or renewal of a license, permit, or registration until a respondent:

(a) pays all outstanding fines and fees; or

(b) executes a signed settlement agreement and complies with the terms of the agreement.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

Utah Admin. Code R51-2-7 Request for Commissioner Reconsideration

(1) A respondent may file a written request for reconsideration of an appeal or a final order with the Commissioner within 20 days after the date the order is served.

(2) The Commissioner, or their designee, shall issue a written order granting or denying the request within 20 days of the reconsideration request date.

(3) As provided in Section 63G-4-302, if the Commissioner does not issue an order within 20 days, the request is considered denied.

History

KEY: government hearings, appellate procedures, appeal, informal hearings, compliance, citations, violations, settlement conferences
Date of Last Change: June 24, 2026
Notice of Continuation: August 31, 2026
Authorizing, and Implemented or Interpreted Law: 4-1-104; 63G-4-203

R51-3 Government Records Access and Management Act

Utah Admin. Code R51-3-1 Purpose and Authority

The Government Records Access and Management Act, Sections 63G-2-204, and 63A-12-104, authorize this rule. This rule provides procedures for access and denial of access to government records under the Government Records Access and Management Act (GRAMA).

History

KEY: government documents, public records, Government Records Access and Management Act, GRAMA, records access, fees, records officer
Date of Last Change: December 22, 2025
Notice of Continuation: December 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R51-3-2 Duties of Divisions within the Department

Each division director shall comply with Section 63A-12-103 and shall appoint a records officer to perform, or to assist in performing, the following functions:

(1) the duties set forth in Section 63A-12-103; and

(2) review and respond to requests for access to division records.

History

KEY: government documents, public records, Government Records Access and Management Act, GRAMA, records access, fees, records officer
Date of Last Change: December 22, 2025
Notice of Continuation: December 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R51-3-3 Requests for Access

(1) A requester shall request for access to records in writing or through the Utah Open Records Portal.

(2) A requester shall direct requests to the attention of the records officer of the particular division which the requester believes generated or possesses the records.

(3) The records officer of each division may provide request forms.

History

KEY: government documents, public records, Government Records Access and Management Act, GRAMA, records access, fees, records officer
Date of Last Change: December 22, 2025
Notice of Continuation: December 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

Utah Admin. Code R51-3-4 Fees and Payment

(1) The department may charge a fee for records provided, as authorized by Section 63G-2-203.

(2) Amounts charged shall comply with the actual cost provisions of Section 63G-2-203.

(3) A requester shall pay fees at the time of the request or before the department provides the records.

History

KEY: government documents, public records, Government Records Access and Management Act, GRAMA, records access, fees, records officer
Date of Last Change: December 22, 2025
Notice of Continuation: December 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104

R51-4 Americans with Disabilities Act and Civil Rights Grievance Procedures

Utah Admin. Code R51-4-1 Authority and Purpose

This rule is authorized by Section 63G-3-201, Subsection 4-2-103(1)(i), and to effectuate the state policies in Section 62A-5a-101 and other provisions protecting individual civil rights.
The purpose of this rule is to provide for the prompt and equitable resolution of a complaint against the department, alleging any violation of the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241; Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112; or the Age Discrimination Act of 1975, 42 U.S.C. 6101-6107.
This rule is not intended to supersede Rule R495-878 from the Department of Human Services, but to establish a procedure by which the department handles a grievance based on a potential violation of Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241; Title II of the Americans with Disabilities Act of 1990, 42 USC 12102; Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112; or the Age Discrimination Act of 1975, 42 USC 6101-6107, by an employee of the department. In the event this rule conflicts with state or federal law, or with the specific statutory duties of the Department of Human Services, those laws shall govern.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-2 Definitions

"ADA" means Title II of the Americans with Disabilities Act of 1990, 42 USC 12101.
"Grievance Coordinator" means the employee assigned by the commissioner to facilitate the prompt and equitable resolution of complaints alleging discrimination and a violation of the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241; Title II of the Americans with Disabilities Act of 1990, 42 USC 12102; Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112; or the Age Discrimination Act of 1975, 42 USC 6101-6107.
"Commissioner" means the commissioner of the Department of Agriculture and Food or their designee.
"Complainant" means an individual who believes they have been discriminated against by an employee of the department, or that individual's authorized representative.
"Department" means the Department of Agriculture and Food.
"Department Coordinator" means an individual assigned by the commissioner to investigate allegations of discrimination by an employee of the department.
"LEP" means limited English proficiency.
"Section 504" means Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-3 Filing of Complaints

A complainant may file a complaint alleging the violation of the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 241; Title II of the Americans with Disabilities Act of 1990, 42 USC 12102; Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112; or the Age Discrimination Act of 1975, 42 USC 6101-6107, by an employee of the department.
A complainant shall file a complaint with the department's Grievance Coordinator, unless the complaint includes allegations against the Grievance Coordinator, in which case the complaint shall be filed with the commissioner.
A complainant may file a written, oral, or electronic complaint to:

a) Grievance Coordinator, Department of Agriculture and Food 350 N. Redwood Road Salt Lake City, Utah 84116;

b) dhscivilrightscomplaint@utah.gov; or

c) (801) 538-4187 (TTY) or Utah Relay 711.

To facilitate a thorough investigation, the complainant shall, to the extent possible, file a written, oral, or electronic complaint with the department Grievance Coordinator no later than 30 days from the date of the alleged circumstances giving rise to the complaint. The complaint may not be filed more than 180 days from the date of the alleged circumstances giving rise to the complaint.
A complaint shall, to the extent possible, include the following information, and a complaint form is available online at http://hs.utah.gov/:

a) a detailed description of the alleged circumstances that caused the complaint, including dates and locations;

b) the name and contact information of each person involved in those circumstances;

c) a detailed description of any action taken by the complainant to address the complaint; and

d) the desired result, accommodation, or outcome that the complainant is seeking from the department.

The complaint form shall be signed by the complainant or by a legal representative.
A complaint filed on behalf of a class or third party shall describe or identify by name, if possible, each alleged victim of discrimination.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-4 Investigation of Complaints

Within ten days of receipt of the complaint, the Grievance Coordinator shall assign the investigation of the complaint to the applicable Department Coordinator.
Within ten days of receipt of the complaint from the Grievance Coordinator, the Department Coordinator shall:

a) notify the complainant in writing or electronically that an investigation of the complaint has commenced; and b) provide the deadline by which the complainant shall receive correspondence regarding the outcome of the investigation, which unless additional time is required under Subsection R51-4-4(10), shall not exceed 60 days.

The Grievance Coordinator shall be provided a copy of this correspondence from the Department Coordinator.
The Department Coordinator shall gather and document available relevant information.
When conducting the investigation, the Department Coordinator may seek assistance from the department's legal, human resource, and budget staff in determining what action, if any, shall be taken on the complaint.
Before the Department Coordinator makes any decision that would involve an expenditure of funds that is not absorbable within the department's budget and would require appropriation authority, facility modifications, or reclassification or reallocation in grade, they shall consult with the commissioner.
The Grievance Coordinator shall retain a copy of the complaint at the department's main office.
If the Department Coordinator, with the approval of the commissioner, believes the department is unable to adequately address the complaint for good cause shown, such as lack of resources or subject matter experience, the department may coordinate with the Department of Human Services or another agency to have the complaint transferred or may work in partnership with any agency to resolve each issue cited in the complaint.
The Department Coordinator, or designee under the direction of the Department Coordinator, shall conduct the investigation into the complaint and draft a proposed response to the complaint.
If the Department Coordinator is unable to complete the investigation and make a recommendation within the 60 day timeframe, the complainant and the Grievance Coordinator shall be notified of the reason and date by which the complainant shall receive a response. This response date should not exceed 30 days.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-5 Issuance of Decision

Within the time indicated in the deadline, the Department Coordinator shall issue a decision outlining in writing or in another suitable format what action, if any, shall be taken on the complaint.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-6 Recommendation and Decision

Completion of the investigation shall result in a decision that the alleged circumstances occurred, did not occur, or could not be substantiated.

a) If the alleged circumstances did occur, then the recommendation shall also include suggestions to address barriers in the future involving similar circumstances.

b) If the alleged circumstances could not be substantiated, but the Department Coordinator is able to identify areas where department practices may be improved, then suggestions may be made to address barriers in the future involving similar alleged circumstances.

c) The Department Coordinator shall be responsible for drafting the initial correspondence to the complainant.

The correspondence shall be sent by the Department Coordinator to the commissioner and to the complainant. A copy of the correspondence shall be sent to the Grievance Coordinator and maintained in a department file.
Within ten business days of the conclusion of the investigation, the Department Coordinator will notify the complainant in writing concerning the outcome of the investigation.

a) The Department Coordinator shall maintain a record of the date that the written response is sent to the complainant to indicate that the complaint is completed.

The commissioner shall take reasonable steps to implement the recommendation, including the suggestions to ameliorate barriers in the future involving similar circumstances.
Any of the department deadlines may be reasonably extended for extenuating circumstances. Each extension of time shall be confirmed in writing to the complainant.
All documents and correspondence regarding the investigation, recommendation, and decision shall be maintained in a department file and retained for the time set forth in the department's document retention policy in coordination with the Department of Human Resources.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-7 Appeals

The complainant may appeal the Department Coordinator's decision to the commissioner within ten working days of the complainant's receipt of the Department Coordinator's decision.
The appeal shall be in writing.
The commissioner may name a designee to assist on the appeal. The Grievance Coordinator and Department Coordinator may not be the commissioner's designee for the appeal.
In the appeal the complainant shall describe in sufficient detail why the decision does not effectively address the complainant's needs.
The commissioner shall review the Department Coordinator's decision and the points raised on appeal prior to reaching a decision. The commissioner may direct additional investigation as necessary.
The commissioner shall consult with staff from other state agencies that may be affected by the decision, including, the Office of Planning and Budget, the Division of Risk Management, the Division of Facilities Construction Management, and the Office of the Attorney General before making any decision that would:

a) involve an expenditure of funds that would require a new appropriation; or

b) require facility modifications.

The commissioner shall issue a final decision within 15 working days after receiving the complainant's appeal. The decision shall be in writing, and shall be delivered to the complainant.
If the commissioner is unable to reach a final decision within 15 working days , the complainant shall be notified in writing why the final decision is being delayed and the additional time needed to reach a final decision. This response time should not exceed 15 days.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

Utah Admin. Code R51-4-8 Relationship to Other Laws

This rule does not prohibit or limit the use of any remedy available to individuals under the Utah Anti-Discrimination Complaint Procedures, Section 67-19-32; the Federal ADA Complaint Procedures, 28 CFR Subpart F, beginning with Part 35.170, July 1, 1992 edition; or any other Utah state or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: grievance procedures, disabled persons
Date of Last Change: September 1, 2021
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 4-2-103(1)(i); 62A-5a-101

R51-5 Rural Rehabilitation Loans

Utah Admin. Code R51-5-1 Authority

Pursuant to Section 4-19-103 and Subsection 4-2-103(1)(i), this rule establishes the general operating practices by which the Rural Rehabilitation Loan program shall function.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-2 Definitions

(1) "Agricultural Advisory Board" means the board created in Section 4-2-108.

(2) "Borrower" or "Applicant" means a person applying to or borrowing Rural Rehabilitation federal or state funds.

(3) "Executive Committee' means a committee consisting of members of the Board that is organized under Subsection 4-2-108(9).

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-3 Rural Rehabilitation Loan Program Operation

(1) Pursuant to Section 4-19-102, an eligible entity or individual may apply for a loan or a grant to use for any purpose allowed under the January 1975 use agreement between the department and the United States Farm Home Administration, including for one or more of the following Rural Rehabilitation purposes:

(a) loans, such as:

(i) real estate loans;

(ii) farm operating loans;

(iii) youth loans;

(iv) education loans; or

(v) loans for irrigation and water conservation projects;

(b) grants, such as youth and education grants;

(d) other rural rehabilitation purposes.

(2) Borrowers may use loans for the purchase of land within the borders of Utah, and any collateral or security for a loan must be located within Utah.

(3) The department may use a portion of program funds for:

(a) costs of administration;

(b) protection of the assets; and

(c) temporary investments, annual reports, implementing agreements, and other allowed uses under Title 4, Chapter 19, Rural Rehabilitation.

(4) The Executive Committee shall set a limitation on total borrowings by any one entity in policy.

(5) With approval from the Executive Committee and in conjunction with the Commissioner, the department may adopt additional policies and procedures as necessary to carry out the purposes of the Rural Rehabilitation Loan program. These policies and procedures may be in addition to those outlined in this rule.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-4 Loan Application

(1) The department shall accept and process loan requests from eligible applicants regardless of race, age, sex, creed, color, religion, national origin, or on any other basis prohibited by law.

(2) An applicant shall request a loan in writing on the forms provided by the department.

(3) The Executive Committee requires a minimum of 90 days to process, approve, and close a loan.

(4) An applicant may request a loan at any time during the year.

(5) Approval of a loan shall be subject to the availability of funds. The department shall impartially consider each loan application based on the program objectives and priorities approved by the Executive Committee.

(6) The department encourages applicants to apply for available federal funds, such as from the United States Department of Agriculture Farm Service Agency, or other cost-share assistance.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-5 Application Procedure

(1) Any person or group of persons, or entity, who desires to participate in the Rural Rehabilitation Loan program shall apply to the department.

(2) The department shall provide any person who contacts the department to express interest in the program, an applicant information page that lists the information required in the application.

(3) The applicant shall include all required information, including any necessary personal information, in the application.

(4) If necessary, the department shall contact the applicant and provide further information about the policies and procedures for the Executive Committee to consider the loan application for approval. Contact or any other actions by the department does not guarantee loan approval.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-6 Loan Review

(1) The department shall:

(a) review and discuss the application and required documentation with the applicant or the applicant's representative; and

(b) conduct a policy compliance review, credit analysis, and underwriting before presenting a written loan proposal to the Executive Committee for approval.

(2) The Executive Committee shall make decisions concerning the use of loan program funds, and shall consider the recommendation of the Commissioner and the department.

(3) The Board shall ensure, to the best of its ability, that available Rural Rehabilitation Loan funds are made available in accordance with this rule and state and federal laws. If there are insufficient funds to fund each loan application, the department shall distribute funds based on the date the complete application is received, in sequential order.

(4) The Executive Committee shall approve loans by majority vote.

(5) The Executive Committee shall report approved loans to the Board.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-7 Loan Closing

(1) After the Executive Committee approval, the Commissioner shall sign loans and make the final obligation of funds by signing the Rural Rehabilitation Obligation to Purchase form.

(2) The department shall prepare loan documents and an instruction letter for the title company closing, including a signed warrant request to disburse funds.

(3) The borrower may proceed with the closing at the title company.

(4) Neither the state, the department, nor the Board has any obligation to disburse funds before the completion of the procedures described in Rule R51-5.

(5) The borrower shall pay any costs incurred for loan closing, including:

(a) escrow fees;

(b) title insurance;

(d) appraisal, when necessary.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

Utah Admin. Code R51-5-8 Collections

(1) Collection Policy. The department shall follow the following procedures on delinquent loans:

(a) 30 Days Past Due: If the department does not receive payment within 30 days after the due date, the department shall send a delinquent notice reflecting the amount due, including a penalty to the borrower.

(b) 60 Days Past Due: If the department does not receive payment within 60 days after the due date, the department shall send a second delinquent notice to the borrower. The department shall also make or attempt to make personal contact with the borrower during this time period to try to collect the payment.

(c) 90 Days Past Due: If the department does not receive payment within 90 days after the due date, the department shall send a third delinquent notice to the borrower. This notice may also advise the borrower that payment shall be made, or other satisfactory arrangements made with the department within 30 days, or the account shall be assigned to the Attorney General's Office for appropriate action. The department shall attempt to make personal contact during this period to try to collect the payment or make acceptable arrangements with the borrower.

(d) 120 to 180 Days Past Due: The department shall work with the borrower to make satisfactory arrangements for payment of past due amounts. This may include:

(i) modifying the terms of the original contract to meet the borrower's ability to perform on the obligation;

(ii) taking additional or substitute collateral if the lender is deemed insecure; or

(iii) any other appropriate actions to provide service for the borrower and protect against loss.

(e) If it appears that the borrower shall be unable to pay the loan, refuses to communicate or cooperate with the department, or fails to cure the delinquency, the account shall be assigned to the Attorney General's Office for collection and foreclosure proceedings.

(f) These actions are at the discretion of the department in consultation with the Commissioner or the Commissioner's designee, and the Attorney General's Office.

(2) Notwithstanding the procedures set in Subsection R51-5-8(1), at any time, the department, with approval from the Commissioner or the Commissioner's designee, may consult with the Attorney General's Office on behalf of the department to protect the state's interest in any pledged security or collateral on a loan or to protect its interest in any property, real or otherwise.

(3) Notwithstanding the procedures set in Subsection R51-5-8(1), the state or the department may, at any time, pursue any legal or equitable remedy allowed under state or federal law to protect its interest in any pledged security or collateral on a loan or to protect its interest in any property, real or otherwise.

History

KEY: Rural Rehabilitation Loans, loans, grants, program operations, agriculture funding
Date of Last Change: February 11, 2026
Notice of Continuation: March 7, 2023
Authorizing, and Implemented or Interpreted Law: 4-19-103; 4-2-103(i); 4-19-102

R51-7 Open and Public Meetings Act Electronic Meetings

Utah Admin. Code R51-7-1 Authority

Sections 52-4-207, 63G-3-201, and Subsection 4-2-103(1)(i), authorize this rule.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

Utah Admin. Code R51-7-2 Purpose

This rule establishes procedures for conducting electronic meetings held by each public body created by statute within Title 4, Utah Agricultural Code.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

Utah Admin. Code R51-7-3 Definitions

The definitions found in Section 52-4-103 apply to this rule. In addition, the following definitions apply:

(1) "Business day" means a day that the department is open to the public for the conduct of business, exclusive of weekends and state holidays.

(2) "Presiding officer" means the member of the public body designated by statute, rule, or vote of the public body to preside at the meeting of the public body.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

Utah Admin. Code R51-7-4 Electronic Meetings Designation and Participation Requirements

(1) The presiding officer may schedule any meeting as an electronic meeting at their discretion or upon request of a member of the public body.

(a) A member of the public body may request to participate in the meeting electronically by submitting a request to the presiding officer no less than two business days before the commencement of the meeting.

(b) The presiding officer or the department may deny a member's request for electronic participation based on equipment capability.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

Utah Admin. Code R51-7-5 Anchor Location

(1) Unless otherwise designated in the posted public notice of the meeting, the anchor location for an electronic meeting held by the public body is the Utah Department of Agriculture and Food located at 4315 South 2700 West, TSOB South Bldg., Floor 2, Taylorsville, UT 84129-2128.

(2) The person presiding at the meeting may restrict the number of separate connections for members of the public body that are allowed for an electronic meeting based on available equipment capability.

(3) The department shall provide a meeting room at the anchor location for members of the public to attend and monitor the meeting.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

Utah Admin. Code R51-7-6 Quorum, Member Participation, and Voting

(1) A quorum is not required to be physically present at the anchor location.

(2) A presiding officer shall count a member of the public body who participates in the meeting via electronic means as present for all purposes including quorum, participation, and voting requirements.

(3) The public body shall take all votes by roll call unless the vote is unanimous.

History

KEY: electronic meetings, Open and Public Meetings Act, OPMA, member participation
Date of Last Change: February 11, 2026
Notice of Continuation: July 9, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 4-2-103

R52 Horse Racing Commission (Utah)

R52-7 Horse Racing

Utah Admin. Code R52-7-1 Authority

Promulgated under the authority of Section 4-38-104.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-2 Definitions

The following definitions shall apply in this rule unless otherwise indicated.

"Act" means the Utah Horse Regulation Act.
"Added money" means monies added to the fees paid by the horsemen into the purse for a race.
"Age" of a horse is reckoned as beginning on the first day of January in the year in which the horse is foaled.
"Also Eligible" pertains to:

A. a number of eligible horses, properly entered, that were not drawn for inclusion in a race, but that become eligible according to preference or lot if an entry is scratched before scratch time deadline; or

B. the next preferred non-qualifier for the finals or consolation from a set of elimination trials that will become eligible in the event a finalist is scratched by the stewards for a rule violation or is otherwise eligible if written race conditions permit.

"Arrears" means money past due for entrance fees, jockey fees, or nomination or supplemental fees in nomination races, and therefore in default incidental to this rule or the conditions of a race.
"Authorized Agent" means a person appointed by a written instrument, signed and acknowledged before a notary public by the owner in whose behalf the agent will act. The instrument shall be on file with the Commission and its authorized representatives.
"Bleeder" means a horse which during or following exercise or the race is observed to be shedding blood from one or both nostrils, or the mouth, or hemorrhaging in the lumen of the respiratory tract.
"Breeder" of a horse is the owner or lessee of its dam at the time of breeding.
"Closing" means the time published by the organization after which nominations or entries will not be accepted for a race.
"Commission" means the Utah Horse Racing Commission per Subsection 4-38-102(1).
"Commission member" means a member of the Commission.
"Conditions of a race" are the qualifications that determine a horse's eligibility to enter.
"Day" is a period of 24 hours beginning at midnight.
"Race day" is a day during which horse races are conducted.
"Declaration" means the act of withdrawing an entered horse from a race before the closing of overnight entries.
"Department" means the Utah Department of Agriculture and Food.
"Drug or Medication" means a substance foreign to the normal physiology of the horse.
"Enclosure" means areas of the property of an organization licensee to which admission can be obtained only by payment of an admission fee or upon presentation of proper credentials and parking areas designed to serve the facility are owned or leased by the organization licensee.
"Entry" means a horse made eligible to run in a race.
"Family" means a husband, wife, and any dependent children.
"Field" means horses competing in a race.
"Financial Interest" means an interest that could result in directly or indirectly receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a business entity, or as a result of salary, gratuity, or other compensation or remuneration from any person.
"Foreign Substances" are any substances, except those that exist naturally in the untreated horse at normal physiological concentration, and shall include narcotics, stimulants, or depressants.
"Foul" means an action by any horse or jockey that hinders or interferes with another horse or jockey during the running of a race.
"Horse" means an equine of any breed and includes a stallion, gelding, mare, colt, filly, spayed mare or ridgeling.
"Horse Racing" means any type of horse racing, including Arabian, Appaloosa, Paint, Pinto, Quarter Horse, and Thoroughbred horse racing.
Horse Racing Types:

A. "Appaloosa Horse Racing" means the form of horse racing in which each participating horse is an Appaloosa horse registered with the Appaloosa Horse Club or any successor organization and mounted by a jockey.

B. "Arabian Horse Racing" means the form of horse racing in which each participating horse is an Arabian horse registered with the Arabian Horse Club Registry of America and approved by the Arabian Horse Racing Association of America or any successor organization, mounted by a jockey, and engaged in races on the flat over a distance of not less than one-quarter mile or more than four miles.

C. "Paint Horse Racing" means the form of horse racing in which each participating horse is a Paint horse registered with the American Paint Horse Association or any successor organization and mounted by a jockey.

D. "Pinto Horse Racing" means the form of horse racing in which each participating horse is a Pinto horse registered with the Pinto Horse Association of America, Inc., or any successor organization and mounted by a jockey.

E. "Quarter Horse Racing" means the form of horse racing in which each participating horse is a Quarter Horse registered with the American Quarter Horse Association or any successor organization, mounted by a jockey, and engaged in a race over a distance of less than one-half mile.

F. "Thoroughbred Horse Racing" means the form of horse racing in which each participating horse is a Thoroughbred horse registered with the Jockey Club or any successor organization, mounted by a Jockey, and engaged in races on the flat.

"Inquiry" means the stewards immediate investigation into the running of a race which may result in the disqualification of one or more horses.
"Jockey" means the rider licensed to race.
"Jockey Agent" means a licensed authorized representative of a jockey.
"Lessee" means a licensed owner whose interest in a horse is by virtue of a completed Commission-approved lease form attached to the registration certificate and on file with the Commission.
"Lessor" means the owner of the horse that is leased.
"Maiden" means a horse that has never won a race recognized by the official race records of the particular horse's breed registry. A maiden which has been disqualified after finishing first is still a maiden.
"Minor" means any individual under 18 years of age.
"Nominator" means the person who nominated the horse as a possible contender in a race.
"Objection" means:

A. a written complaint made to the Stewards concerning a horse entered in a race and filed two hours before the scheduled post time for the first race on the day which the questioned horse is entered; or

B. a verbal claim of foul in a race lodged by the horse's jockey, trainer, owner, or the owners licensed Authorized Agent before the race is declared official.

"Occupation License" means a requirement for any person acting in any capacity within the enclosure during the race meeting.
"Occupation Licensee" means a person who has obtained an occupation license.
"Utah Bred Horse" means a horse that is sired by a stallion standing in Utah.
"Organization License" means a requirement of any person desiring to conduct a race meeting within Utah.
"Organization Licensee" means any person receiving an organization license.
"Owner" means any person who holds, in whole or in part, any rights, title, or interest in a horse, or any lessee of a horse who has been issued a currently valid owner's license as a person responsible for such horse.
"Person" means any individual, corporation, partnership, syndicate, another association or entity.
"Post Position" means the position in the starting gate assigned to the horse for the race.
"Post Time" means the advertised time for the arrival of the horses at the start of the race.
"Protest" means a written complaint, signed by the protester, against any horse which has started in a race and shall be made to the Stewards within 48 hours after the running of the race, except as noted in Subsection R52-7-10(8).
"Race Meeting" means the entire period not to exceed 20 calendar days separating any race days for which an organization license has been granted to a person by the Commission to hold horse racing.
"Allowance" means a race in which eligibility or the weight to be carried are based upon the horse's past performance over a specified time.
"Handicap" means a race in which the weights to be carried by the entered horses are assigned according to the Racing Secretary's evaluation of each horse's potential to equalize their respective chances of winning.
"Invitational" means a race in which the competing horses are selected by inviting their owners to enter specific horses.
"Match" means a race contest between two horses with earlier consent by the Commission under conditions agreed to by the owners.
"Nomination" means a race in which the subscription to a payment schedule nominates and sustains the eligibility of a particular horse. Nominations shall close at least 72 hours before the first post time of the day the race is originally scheduled to be run.
"Progeny" means a race restricted to the offspring of a specific stallion or stallions.
"Purse Race (Overnight)" means any race in which entries close less than 72 hours before its running.
"Schooling Race" means a preparatory race for entry qualification in official races that conform to requirements adopted by the Commission.
"Stakes" means a race which is eligible for stakes or "black-type" recognition by the particular breed registry.
"Trials" means a set of races in which eligible horses compete to determine the finalists for a purse in a nominated race.
"Restricted Area" means any area within the enclosure where access is limited to licensees whose occupation requires access. Those areas which are restricted shall include the barn area, paddock, test barn, Stewards Tower, race course, or any other area designated restricted by the organization licensee or the Commission. Signs giving notice of restricted access shall be prominently displayed at each entry point.
"Rules" means the same as defined in Subsection 63G-3-102(19)(a).
"Scratch" means the act of withdrawing an entered horse from a race after the closing of overnight entries.
"Scratch Time" means the deadline set by the organization licensee for the withdrawing of entered horses.
"Starter" means the horse whose stall door of the starting gate opens in front of such horse when the starter dispatches the horses.
"Subscription" means the act of nominating a horse to a nomination race.
"Week" means a period of seven days beginning at 12:01 a.m., Monday during which races are conducted.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-3 Commission Powers and Jurisdiction

Description and Powers. The Utah Horse Racing Commission is an administrative body created by Section 4-38- 103. The Commission consists of seven members that are appointed by the governor, and whose powers and duties are prescribed by the legislature. The Commission appoints an executive director who is the administrative head of the agency, and the Commission determines the duties of the executive director. The Commission shall have supervision of any sanctioned race meetings held in Utah, any occupation and organization licensees in the state, and any persons on the property of an organization licensee.
Jurisdiction. Without limitations by specific mention hereof, the stated purposes of this rule promulgated are:

A. to encourage agriculture and breeding of horses in this state;

B. to maintain race meetings held in the state of the highest quality and free of any horse racing practices that are corrupt, incompetent, dishonest or unprincipled;

C. to maintain the appearance as well as the fact of complete honesty and integrity of horse racing in this state; and

D. to generate public revenues.

E. Commission jurisdiction of a race meet commences one hour before post time and ends one hour following the last posted race.

Controlling Authority. The law, the rules, and the orders of the Commission supersede the conditions of a race meeting and govern Thoroughbred, Quarter Horse, Appaloosa, Arabian, Paint and Pinto racing, except in the event they can have no application to a specific type of racing. In the latter case, the Stewards may enforce rules or conditions of The Jockey Club for Thoroughbred racing, the American Quarter Horse Association for Quarter Horse racing; the Appaloosa Horse Club for Appaloosa racing; the Arabian Horse Racing Association of America for Arabian racing; the American Paint Horse Association for Paint racing; and the Pinto Horse Association of America, Inc., for Pinto racing; if such rules or conditions are not inconsistent with the Laws of Utah and the Rules of the Commission.
Commission Meetings. The following provisions govern any meeting at which at least five Commission members appear at the anchor location, by telephone, or electronically pursuant to Section 52-4-207:

A. If enough Commission members to constitute a voting majority intend to participate electronically or by telephone, public notices of the meeting shall be posted. In addition, the notice shall specify the anchor location where the members of the Commission not participating electronically or by telephone will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

B. Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be posted on the Public Notice Website. These notices shall be provided at least 24 hours before the meetings.

C. Notice of the possibility of an electronic meeting shall be given to the Commission members at least 24 hours before the meeting. In addition, the notice shall describe how a Commission member may participate in the meeting electronically or by telephone.

D. When notice is given of the possibility of a member appearing electronically or by telephone, any Commission member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Commission. At the commencement of the meeting, or at such time as any Commission member initially appears electronically or by telephone, the chair shall identify for the record those who are appearing by telephone or electronically. Votes by members of the Commission who are not at the physical location of the meeting shall be confirmed by the chair.

E. The anchor location, unless otherwise designated in the notice, shall be at the offices of the Utah Department of Agriculture and Food, 4315 S. 2700 W., Taylorsville, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

Punishment by The Commission. Violation of the act and rules promulgated by the Commission, whether or not a penalty is fixed therein, is punishable in the discretion of the Commission by denial, revocation or suspension of any license; by fine; by exclusion from racing enclosures under the jurisdiction of the Commission; or by any combination of these penalties. Fines imposed by the Commission may not exceed $5,000 against individuals for each violation of any rules promulgated by the Commission, any Order of the Commission, or for any other action which, in the discretion of the Commission, is a detriment or impediment to horse racing.
Extension for Compliance. If a licensee fails to perform an act or obtain required action from the Commission within the time prescribed therefore by this rule, the Commission, at some subsequent time, may allow the performance of such act or may take the necessary action with the same effect as if the same were performed within the prescribed time.
Notice to Licensee. When notice is required to be given by the Commission or the Stewards, the notice shall be given in writing by personal delivery to the person to be notified or by mailing, to the last known address furnished to the Commission; or may be given as is provided for service of process in a civil proceeding in Utah and pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Location for Information or Filing with Commission. When information is requested or a notice in any matter is required to be filed with the Commission, such notice shall be delivered to an authorized representative of the Commission at an Office of the Commission on or before the filing deadline. Offices of the Commission are currently located at: Utah Department of Agriculture and Food, 4315 S. 2700 W., Taylorsville, UT 84129.
Public Inspection of Documents. Forms adopted by the Commission together with any rules and other written statements of policy or interpretation; and any final orders, decisions, and opinions, formulated, adopted, or used by the Commission in the discharge of its functions are available for public inspection at the office.
Forms and Instruction. The following forms and instructions for their use have been adopted by the Commission:

A. Apprentice Jockey Certificate;

B. Authorized Agent Agreement;

C. Fingerprint Card;

D. Identifier's Daily Report;

E. Lease Agreement;

F. Occupation Licensee Application;

G. Occupation License Renewal Application;

H. Open Claim Certificate;

I. Organization's Daily Report;

J. Organization Licensee Application;

K. Petition for Declaratory Ruling;

L. Petition for Promulgation, Amendment or Repeal of Rule;

M. Petition in and before the Utah Horse Commission;

N. Postmortem Examination Report;

O. Stable Name, Corporation, Partnership or Syndicate Registration Form;

P. Stewards' Daily Report;

Q. Stewards' Hearing Notice;

R. Stewards' Hearing Reports;

S. Subpoena, Steward and Commission; and

T. Test Barn Diuretic Approval Form.

Forms for substituting petitions for promulgating or repealing of rules, and for requests for declaratory ruling are available at the Department.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-4 Racing Organization

Allocation of Racing Dates. The Commission shall allocate racing dates for the conduct of horse race meetings within this state for such time periods and at such racing locations as the Commission determines will best serve the interests of the people of Utah in accordance with Title 4, Chapter 38, the Utah Horse Regulation Act. Upon a finding by the Commission that the allocation of racing dates for any year is completed, the racing dates allocated shall be subject to reconsideration or amendment only for conditions unforeseen at the time of allocation.
Application for License and Days to Conduct a Horse Race Meeting. Each person who intends to conduct a horse race meeting shall file an application with the Commission no later than August 1 of the preceding calendar year. Any prospective applicant for license and days to conduct a horse race meeting failing to timely file the application for license may be disqualified and its application for license refused summarily by the Commission.
Commission may Demand Information. The Commission may require any racing organization or prospective racing organization to furnish the Commission with a detailed proposal and disclosures as to its proposed racing program, purse, program, financial projections, racing officials, principals or shareholders, plants, premises, facility, finances, lease arrangements, agreements, contracts, and such other information as the Commission may require to determine the eligibility and qualification of the organization to conduct a race meeting, in addition to that required in the application form set forth in Subsection R52-7-4(4) and as required by Section 4-38-203.
Application for Organization License. Any person desiring to conduct a horse race meeting where the public is charged an admission fee shall apply to the Commission for an organization license. The application shall be made on a form prescribed and furnished by the Commission. The application shall contain the following information:

A. the dates on which and location where the applicant intends to conduct the race meeting;

B. the name and mailing address of the person making the application;

C. if the applicant is a corporation, a certified copy of the Articles of Incorporation and Bylaws, the names and mailing addresses of any stockholders who own at least 3% of the total stock issued by the corporation, officers, and directors, and the number of shares of stock owned by each;

D. if the applicant is a partnership, a copy of the partnership agreement, and the names and mailing addresses of general and limited partners with a statement of their respective interest in the partnership;

E. a description of photographic equipment, video equipment, and copies of any proposed lease or purchase contract or service agreement;

F. copies of any agreements with concessionaires or lessees, together with schedules of rates charged for performance of any service or for sale of any article within the enclosure, whether directly or through the concessionaire;

G. schedule of admission prices to be charged;

H. balance sheets and profit and loss statements for each of the three fiscal years immediately preceding the application, or for the period of organization if less than three years. If the applicant has not completed a full fiscal year since its organization, or if it acquires or is to acquire the majority of its assets from a predecessor within the current fiscal year, the financial information shall be given for the current fiscal year. Financial information shall be accompanied by an unqualified opinion of a Certified Public Accountant, or if the opinion is given with qualifications, the reasons for the qualifications shall be stated;

I. a schedule of stall rent, entry fees, or any other charges to be made to the horsemen or public not mentioned in this section; and

J. any other information the Commission may require. For applicants requesting to conduct non pari-mutuel racing, the licensee fee may not be less than $25.

A separate application upon a form prescribed and furnished by the Commission shall be filed for each race meeting which such person proposes to conduct. The application, if made by a person, shall be signed and verified under oath by the person; and if made by more than one person or by a partnership, shall be signed and verified under oath by at least two of the persons or members of the partnership; and if made by an association, a corporation, or any other entity, shall be signed by the President, attested to by the Secretary under the seal of such association or corporation, if it has a seal, and verified under oath by one of the signing officers.
A person may not own any silent or undisclosed interest in any entity requesting an organization license. An organization license may not be issued to any applicant who fails to comply with this rule. The Commission may not consider an incomplete license application.
In considering the granting or denying of an organization's application for a license to conduct horse racing with the non pari-mutuel system of wagering, the following criteria, standards, and guides should be considered by the Commission:

A. public interest;

a. safety;

b. morals;

c. security;

d. municipal comments; and

e. state and local revenues;

B. track location;

a. traffic flow;

b. support services such as hotels or restaurants;

c. labor supply;

d. public services such as police or fire; and

e. proximity to competition;

C. number of tracks running or making application;

a. size;

b. type of racing; and

c. days;

D. adequacy of track facilities;

E. experience in racing of applicant and management;

a. length;

b. type; and

c. success or failure;

F. financial qualifications of applicant, applicant's partners, officers, associates, and shareholders, including contract services;

a. financial history;

(1) records; and

(2) net worth;

G. qualifications of applicant, applicant's partners, officers, associates, and shareholders including contract services;

a. arrest record;

b. conviction record;

c. litigation record, civil or criminal; and

d. law enforcement intelligence;

H. official attitude of local government involved;

I. anticipated effect upon breeding and horse industry in Utah;

J. effect on saturation of non pari-mutuel market;

K. anticipated effect upon state's economy;

a. general economy;

(1) tourism;

(2) employment; and

(3) support industries;

b. government revenue;

(1) direct or indirect tax; and

(2) direct or indirect income;

L. attitude of local community involved;

M. the written attitude of horse industry associations;

N. experience and credibility of consultants, advisors, and professionals;

a. feasibility; and

b. credibility and integrity of feasibility study;

O. financial and economic integrity of financial plan;

a. equity;

(1) source;

(2) amount;

(3) position; and

(4) type;

b. debt;

(1) source;

(2) amount;

(3) terms; and

(4) repayment;

c. equity to debt ratio;

(1) integrity of financing plan;

i. identity of participants;

ii role of participants;

iii history of participants; and

iv. law enforcement intelligence; and

P. apparent or non-apparent hope of financial success.

List of Shareholders. Each organization shall, if a corporation or partnership, maintain a current list of shareholders and the number of shares held by each. The list shall be available for inspection upon demand by the Commission or its representatives. The organization shall immediately inform the Commission of any change of corporate officers or directors, general or managing partners, or of any change in shareholders. If the organization is a publicly-held entity, it shall disclose the names and addresses of shareholders who own 3% of the outstanding shares of the organization. The organization shall immediately notify the Commission of any stock options, tender offers, and any anticipated stock offerings. The Commission may refuse to issue a license to, or suspend the license of, any organization that fails to disclose the real name of any shareholders.
Denial of License. The Commission may deny a license to conduct a horse racing meeting when in its judgment it determines the proposed meeting is not in the public interest, or fails to serve the purposes of Title 4, Chapter 38, the Utah Horse Regulation Act, or fails to meet any requirements of state law or the Commission's rules. The Commission shall refuse to issue a license to any applicant who fails to provide the Commission with evidence of its ability to meet its estimated financial obligations for the conduct of the meeting.
Duty of Licensed Organization. Each organization shall observe and enforce the rules of the Commission. The license is granted on the condition that the organization, its officials, its employees, and its concessionaires shall obey the decisions and orders of the Commission. The organization may not allow any wagering within the enclosure of the racing facility that might be construed as being in violation of the laws of Utah.
Conditions of A Race Meeting. The organization may impose conditions for its race meeting as it may consider necessary; except that conditions may not conflict with any requirements of Utah State Law or the rules, and orders of the Commission. Such conditions shall be published in the Condition Book or otherwise made available to licensees participating in its race meeting. A copy of the conditions and nomination race book shall be published no later than 45 days before the commencement of the race meeting. A proof of such conditions and nomination race book shall be filed with the Commission no later than 45 days before printing. The conditions and nomination race book is subject to the approval of the Commission. The organization may impose requirements, qualifications, requisites, and track rules for its race meeting as it may consider necessary; provided requirements, qualifications, and track rules do not conflict with Utah State Law or the rules, and orders of the Commission. Such information shall be published in the Condition Book, posted on the organization's bulletin boards, or otherwise made available to licensees participating at its race meeting. Any requirements, qualifications, requisites or track rules imposed by the organization require earlier review and approval by the Commission, that reserves the right of final decision in matters pertaining to the conditions of a race meeting.
Right of Commission to Information. The organization may be asked to furnish the Commission, on forms approved by the Commission, a daily itemized report of the receipts of attendance, parking, concessions, commissions, and any other requested information. The organization shall also provide a corrected official program, completed race results charts approved by the Commission, and any other information the Commission may require. Such daily reports shall be filed with the Commission within 72 hours of the race day.
Duty to Compile Official Program. The organization shall compile an official program for each racing day that shall contain the names of the horses that are to run in each race together with their respective post positions, post time for first race, age, color, sex, breeding, jockey, trainer, owners or stable name, racing colors, weight carried, conditions of the race, the order in which each race shall be run, the distance to be run, the value of each race, a list of Racing Officials and track management personnel, and any other information the Commission may require. The Commission may direct the organization to publish in the program any other information and notices to the public as it deems necessary.
Duty to Maintain Racing Records. The organization shall maintain a complete record of races of each authorized race meeting of the same type of racing being conducted by the organization, and such records shall be maintained and retained for a period of five years. This requirement may be met by race records of Triangle Publications, the American Quarter Horse Association, the Appaloosa Horse Club, the American Paint Horse Association, other breed registry associations' racing records department, or other racing publications approved by the Commission.
Horsemen's Bookkeeper. The organization shall employ a Horsemen's Bookkeeper who shall maintain records as the organization and Commission shall direct. The records shall include the name, address, social security or federal identification number, and the state or country of residence of each horse owner, trainer, or jockey participating at the race meeting who has funds due or on deposit in the horseman's account. The Horsemen's Bookkeeper shall keep the riding accounts of the jockeys and shall disburse the received fees to the proper claimants. It shall be the duty of the Horsemen's Bookkeeper to receive and disburse the purses of each race and any stakes, entrance money, jockey fees, and other monies that properly come into their possession, and make disbursements within 48 hours of receipt of notification from the testing laboratory that drug tests have cleared unless an appeal or protest has been filed with the Stewards or the Commission. The Horsemen's Bookkeeper may accept monies due belonging to other organizations or recognized meetings, provided prompt return is made to the organization to which the money is due. Upon written request, the Horsemen's Bookkeeper shall, within 30 days after the meeting, disburse any monies to the persons entitled to receive them. The Horsemen's Bookkeeper shall maintain a file of required statements of partnerships, syndicates, corporations, assignments of interest, lease agreements, and registrations of authorized agents. Records and monies of the Horsemen's Bookkeeper shall be kept separate and apart from any other of the organization and are subject to inspection by the Commission at any time.
Accounting Practices and Responsibility. The organization and its managing officers shall ensure that purse monies, disbursements, and appropriate nomination race monies are available to make timely distribution in accordance with the state law, the rules of the Commission, the organization rules, and race conditions. Copies of nomination payment race contracts, agreements, and conditions shall be submitted to the Commission and related reporting requirements fulfilled as specified by the Commission. Subject to approval of the Commission, the organization shall maintain on a current basis a bookkeeping and accounting program under the guidance of a Certified Public Accountant. The Commission may require periodic audits to determine that the organization has funds available to meet those distributions for the purposes required by state law, the rules of the Commission, the conditions and nomination race program of the race meeting, and the obligations incurred in the daily operation of the race meeting. Annually, the organization shall file a copy of tax returns, a balance sheet, and a profit and loss statement.
Electronic Photo Finish Device. Each organization shall install and maintain in good service an electronic photo finish device for photographing the finishes of races and recording the time of each horse in hundredths of a second, when applicable, to assist the placing judges and the Stewards in determining the finishing positions and time of the horses. Before first use, the electronic photo finish device must be approved by the Commission, and a calibration report shall be filed with the Commission by January 1 of each year. A photograph of each finish shall be promptly posted for public view in at least one conspicuous place in the public enclosure.
Videotape Recording of Races. Each organization shall install and operate a system to provide a videotape recording of each race so that such recording clearly shows the position and action of the horses and jockeys at close enough range to be easily discernible. A video monitor shall be located in the Stewards' Tower to assist in reviewing the running of the races. Before first use, the videotape recording system and location and placement of its equipment shall be approved by the Commission. Each race other than a race run solely on a straight course may be recorded by use of at least two cameras to provide panoramic and head-on views of the race. Races run solely on the straight course shall be recorded by the use of at least one camera to provide a head-on view. Except with earlier approval of the Commission, organizations shall maintain an auxiliary videotape recording camera and player in case of breakdown or malfunction of a primary videotape recording camera or player.
Identification of Photo Finish Photographs and Videotape Recordings. Photo finish photographs and videotape recordings required by this rule shall be identified by indicating thereon, the date, number of the race, and the name of the racetrack at which the race is held.
Altering Official Photographs or Recordings. A person may not cut, mutilate, alter, or change any photo finish photograph or videotape recording for deceit or fraud of any type.
Preservation of Official Photographs and Recordings. Organizations shall keep any photographic negatives and videotape recordings of races for at least 180 days after the close of their meeting. Upon request of the Commission, the organization shall furnish the Commission with a clear, positive print of any photograph of any race, or a kinescope print or copy of the videotape recording of any race.
Viewing Room Required. The organization shall maintain a viewing room for screening the videotape recording of the races for viewing by Racing Officials, jockeys, trainers, owners, and other interested persons authorized by the Stewards.
Office Space for The Commission. The organization shall provide within the enclosure adequate office space for use by the Commission and its authorized representatives, and shall provide such necessary office furniture and utilities as may be required for the conduct of the Commission's business and the collection of the public revenues at the organization's meetings.
Duty to Receive Complaints. The organization shall maintain a place where written complaints or claims of violations or objections of racetrack rules, regulations, and conditions; Commission rules; or Utah State Laws may be filed. A copy of any written complaint or claim filed with the organization shall be filed by the organization with the Commission or Commission representatives within 24 hours of receipt of the complaint or claim.
Bulletin Boards Required. The organization shall erect and maintain a glass enclosed bulletin board close to the Racing Secretary's Office in a place where access is granted to licensees, upon which official notices of the Commission shall be posted. The organization shall also erect and maintain a glass enclosed bulletin board in the grandstand area where access is granted to race day patrons, upon which official notices of the Commission shall be posted.
Communication Systems Required. The organization shall install and maintain in good service a telephonic communication system between the Stewards' stand, racing office, jockey room, paddock, testing barn, starting gate, video camera locations, and other designated places. The organization shall also install and maintain in good service a public address communication system for announcing the racing program, the running of the races, and any public service notices, as well as maintaining communications with the barn area for paddock calls and the paging of horsemen.
Ambulance Service. Subject to the approval of the Commission, the organization shall provide the services of an approved medical ambulance and its properly qualified attendants during the running of the race program at its meeting and, except with earlier permission of the Commission, during the hours the organization permits the use of its race course for training purposes. The organization shall also provide the service of a horse ambulance during the same hours. A means of communication shall be provided by the organization between a staffed observation point such as the Stewards' Tower and Clocker's Stand for the race course and the place where the required ambulances and their attendants are posted for prompt response in the event of accident to any person or horse. In the event an emergency necessitates the departure of a required ambulance, the race course shall be closed until an approved ambulance is again available within the enclosure.
Safety of Race Course and Premises. The organization shall take cognizance of any complaint regarding the safety or uniformity of its race course or premises, and shall maintain in safe condition the race course and rails and other equipment required for the conduct of its races.
Starting Point Markers and Distance Poles. Permanent markers shall be located at each starting point to be utilized in the organization's racing program. The starting point markers and distance poles shall be of a size and in a position where they can be seen clearly from the Stewards' stand. The starting point markers and distance poles shall be marked with the appropriate distance and colors as listed in Table 1:

TABLE 1

DISTANCE MARKERS

1/16 poles

Black and white horizontal stripes

1/8 poles

Green and white horizontal stripes

1/4 poles

Red and white horizontal stripes

220 yards

Green and white horizontal stripes

250 yards

Blue

300 yards

Yellow

330 yards

Black and white horizontal stripes

350 yards

Red

400 yards

Black

440 yards

Red and white horizontal stripes

550 yards

Black and white horizontal stripes

660 yards

Green and white horizontal stripes

770 yards

Black and white horizontal stripes

870 yards

Blue and white horizontal stripes

Grade and Distance Survey. A survey by a licensed surveyor of the race course, including starting chutes, indicating the grade and measurement of distances to be run shall be filed with the Commission before the first race meeting.
Physical Requirements for Non pari-Mutuel Racing Facility. In order for an organization to be granted a license to conduct non pari-mutuel racing, the facility shall meet the following physical requirements:

A. A regulation track shall be a straightaway course of 440 yards in length. The straightaway shall connect with an oval not less than one-half mile in circumference; except that the width may vary according to the number of horses started in a field, but a minimum of 20 feet shall be allowed for the first two horses with an additional five feet for each added starter.

B. The inner and outer rails shall extend the entire length of the straightaway and around the connecting oval; it shall be at least 30 inches and not more than 42 inches in height. A racetrack not approved by the Commission before January 1, 1993, shall otherwise have inner and outer rails of at least 38 inches and not more than 42 inches in height. It shall be constructed of metal not less than two inches in diameter, wood not less than two inches in thickness and six inches in width, or other construction material approved by the Commission. Whatever construction material is used must provide for the safety of both horse and rider. It shall be painted white and maintained at all times.

C. Stabling facilities should be adequate for the number of horses to be on hand for the meet. In no case will a track with less than 200 stalls be acceptable, without Utah Horse Commission approval.

D. Stands for Stewards and Timers shall be located exactly on the finish line and provide a commanding and uninterrupted view of the entire racing strip.

E. The paddock shall be spacious enough to provide adequate safety. The jockey's room shall be in or adjacent to the paddock enclosure and shall be equipped with separate but equal complete sanitation facilities including showers for both male and female riders. This area shall be fenced to keep out unauthorized persons and provide maximum security and safety. The fence shall be at least four feet high of chain link, v-mesh or similar construction.

F. A Test Barn with a minimum of two stalls shall be provided for purpose of collecting urine specimens. The Test Barn and a walking ring large enough to accommodate several horses cooling out at the same time shall be completely enclosed by a fence at least eight feet high of chain link, v-mesh or similar construction. There shall be only one entrance into the Test Barn enclosure that shall remain locked or guarded. Provisions shall be made in this area for an office to accommodate the needs of the Official Veterinarian and from which they can observe the stalls and the entrance into the Test Barn enclosure. The organization shall provide facilities for the immediate cooling and freezing of urine specimens, and shall make provisions for the specimens to be shipped to the laboratory packed in dry ice.

G. A grandstand or bleachers shall be provided for the spectators and shall provide for the comfort and safety of the spectators. Facilities shall include rest rooms and a public water supply.

Organization as the Insurer of the Race Meeting. Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety or physical condition of the organization's facilities or purse of any race. The organization does thereby agree to indemnify, save and hold harmless the Utah Horse Commission from any liability arising from unsafe conditions of track facilities or grandstand and default in payment of purses. The organization shall provide the Commission with a certificate of adequate liability insurance.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-5 Occupation Licensing and Registration

Occupation Licenses. A person required to be licensed may not participate in a race meeting without their holding a valid license authorizing participation. Licenses shall be obtained before the time persons engage in their vocations upon racetrack grounds at any time during the calendar year for which the organization license has been issued. Each applicant will be required to provide one form of photo identification.

A. A person whose occupation requires acting in any capacity within any area of an enclosure shall pay the required fee and procure the appropriate license or licenses.

B. A person acting in any of the following capacities shall pay the required fee and procure the appropriate license or licenses. A list of required fees shall be available at the Department.

a. owner trainer combination;

b. owner;

c. trainer;

d. assistant trainer;

e. jockey;

f. veterinarian;

g. pony rider;

h. valet; or

i. groom;

C. A person whose license identification badge is lost or destroyed shall procure a replacement license identification badge and shall pay the required fee.

D. The date of payment of required fees, as recorded by the Commission, shall be the effective date of issuance of a continuous occupation license.

a. A person may have the option of a one or three-year license.

b. The license shall expire on December 31 of the first or third year after the license is issued.

E. Applicants for occupation licenses must be a minimum of 16 years of age. However, this may not preclude dependent children under the age of 16 from working for their parents or guardian if their parents or guardian are licensed as a trainer or assistant trainer and permission has been obtained from the organization licensee. A trainer or their authorized representative signing a Test Barn Sample Tag shall be licensed and a minimum of 18 years of age.

Employment of Unlicensed Person. No organization, owner, trainer, or other licensee acting as an employer within the enclosure at an authorized race meeting shall employ or harbor within the enclosure any person required to be licensed by the Commission until the organization, owner, trainer, or other employer determines that the person required to be licensed has been issued a valid license by the Commission. No organization shall permit any owner, trainer, or jockey to own, train, or ride on its premises during a recognized race meeting unless the owner, trainer, or jockey has received a license to do so from the Commission. The organization or prospective employer may demand for inspection the license of any person participating or attempting to participate at its meeting, and the organization may demand for inspection the documents relating to any horse on its grounds.
Notice of Termination. Any organization, owner, trainer, or other licensee acting as an employer within the enclosure at an authorized race meeting shall be responsible for the immediate notification to the Commission and the organization conducting the race meeting of a termination of employment of a licensee. The employer shall make every effort to obtain the license badge from the employee and deliver the license badge to the Commission.
Application for License. An applicant for license shall apply in writing on the application forms furnished by the Commission.
License Identification Badge Requirements. The license identification badge may consist of the following information concerning the licensee:

A. full name;

B. permanent address;

C. license capacity;

D. date of issue;

E. passport-type color photograph; and

F. date of birth.

G. License identification badges may be color coded as to capacity of occupation and eligibility for access to restricted areas. License holders, except jockeys riding in a race, shall wear a current identification badge while present in restricted areas of the enclosure or as otherwise specified in Subsection R52-7-5(1).

Honoring Official Credentials. Credentials issued by the Commission may be honored for admission at any gates and entrances and to any places within the enclosure. Automobiles with vehicle decals issued by the Commission to its members and employees shall be permitted ingress and egress at any point. Credentials issued by the National Association of State Racing Commissioners to its members, past members, and staff shall be honored by the organization for admission into the public enclosure when presented therefore by such persons.
License Subject to Conditions and Agreements.

A. Each license is subject to the conditions and agreements contained in the application and to state law.

B. Each license issued to a licensee by the Commission remains the property of the Commission.

C. Possession of a license does not confer any right upon the holder to employment at or participation in a race.

D. The Commission may restrict, limit, place conditions on, or endorse for additional occupational classes, any license, pursuant to Subsection R52-7-5(9).

Changes in Application Information. Each licensee or applicant for license shall file with the Commission their permanent and current mailing address and shall report in writing to the Commission any changes in application information.

9.A. In accordance with Section 4-38-301, the Commission or Board of Stewards may fine, suspend a license, or deny an application for a license.

B. The Commission may revoke a license if a licensee has committed any of the violations in Subsection 4-38-301(4).

Examinations. The Commission may require the applicant for any license to demonstrate their knowledge, qualifications, and proficiency for the license applied for by examination as the Commission may direct. This may include testing and minimum passage rate requirements.
Refusal Without Prejudice. A refusal to issue a license, as distinguished from a denial of a license to an applicant by the Commission at any race meeting is without prejudice, and the applicant refused may reapply for a license at any subsequent or other race meeting, or they may appeal the refusal to the Commission for hearing upon their qualifications and fitness for the license.
Hearing After Denial of License. Any person who has had their license denied may petition the Commission to reopen the case and reconsider its decision upon a sufficient showing that there is now available evidence which could not, with the exercise of reasonable diligence, have been previously presented to the Commission. Any petition shall be filed with the Commission no later than 30 days after the effective date of the Commission's decision in the matter. Any person who has been denied a license by the Commission may not refile a similar application for license until one year from the effective date of the decision to deny the license.
Physical Examination. A jockey shall pass a physical examination given the current year by a licensed physician affirming fitness to participate as a jockey before race day.
Qualifications for Jockey. A person under 16 years of age may not be granted a jockey's license. A person who has never ridden in a race at a recognized meeting may not be granted a license as jockey unless they have satisfactorily worked a horse from the starting gate in company, before the Stewards or their representatives. Upon the recommendation of the Stewards, the Commission may issue a jockey's license granting permission to a person to ride in not more than four races to establish the qualifications and ability of the person for the license. Subsequently, the Stewards may recommend the granting of a jockey's license.
Jockey Agent. A jockey agent is the authorized representative of a jockey if they are registered with the Stewards and licensed by the Commission as the Jockey's representative. No jockey agent shall represent more than two jockeys at the same time.
Workers' Compensation Act Compliance. No person may be licensed as a trainer, owner, or in any other capacity in which the person acts as the employer of any other licensee at any authorized race meeting, unless their liability for Workers' Compensation has been secured in accordance with Title 34A, Chapter 2, the Workers' Compensation Act of Utah and until evidence of security for liability is provided the Commission. Should any required security for liability for Workers' Compensation be canceled or terminated, any license held by such person shall be automatically suspended and shall be grounds for revocation of the license. If a license applicant certifies that they have no employees that would subject them to liability for Workers' Compensation, they may be licensed, but only for the period they have no employees.
Program Trainer Prohibited. A licensed trainer, to avoid their responsibilities or insurance requirements as outlined in this rule, may not place any horse in the care or attendance of any other trainer.
Qualifications for License as Horse Owner. No person may be licensed as a horse owner who is not the owner of record of a properly registered race horse that they intend to race in Utah and which is in the care of a licensed trainer, or who does not have an interest in such race horse as a part owner or lessee, or who is not the responsible managing owner of a corporation, syndicate, or partnership that is the legal owner of such horse.
Horse Ownership by Lease. Horses may be raced under lease provided a completed Commission, breed registry, approved pari-mutuel, or other lease form acceptable to the Commission, is attached to the Registration Certificate and on file with the Commission. The lessor and lessee shall be licensed as horse owners. No lessor shall execute a lease to avoid insurance requirements.
Statements of Corporation, Partnership, Syndicate or Other Association or Entity. Any organizational documents of a corporation, partnership, syndicate, or other association or entity, and the relative proportion of ownership interest, the terms of sales with contingencies, arrangements, or leases, shall be filed with the Horsemen's Bookkeeper of the organization and with the Commission. The documents shall declare to whom winnings are payable, in whose names the horses shall be run, and the name of the licensed person who assumes any responsibilities as the owner. The part owner of any horse may not assign their share or any part of it without the written consent of the other partners, and consent shall be filed with the Horsemen's Bookkeeper and the Commission. A person conducting racing operations as a corporation, partnership, syndicate, or other association or entity shall register the information required by this rule and pay the required fee for the appropriate entity.
Stable Name Registration. A person electing to conduct racing operations by use of a stable name shall register the stable name and shall pay the required fee.

A. The applicant shall disclose the identity or identities of persons comprising the stable name.

B. Changes in identities shall be reported to and approval shall be obtained from the Commission immediately.

C. A person may not register more than one stable name at the same time nor use their real name for racing purposes so long as they have a registered stable name.

D. Any person who has registered under a stable name may cancel the stable name after they have given written notice to the Commission.

E. A stable name may be changed by registering a new stable name and by paying the required Fee.

F. A person may not register a stable name that has been registered by any other person with any organization conducting a recognized race meeting.

G. A stable name shall be clearly distinguishable from that of another registered stable name.

H. The stable name, and the name of the owner or managing owner, shall be published in the official program. If the stable name consists of more than one person, the official program will list the name of the managing owner along with the phrase "et al."

I. If a partnership, corporation, syndicate, or other association or entity is involved in the identity comprising a stable name, the rules covering a partnership, corporation, syndicate or other association or entity shall be complied with and the usual fees paid therefore in addition to the fees for the registration of a stable name.

Ownership Licensing Required. The ownership licensing procedures required by the Commission shall be completed before the horse starting in a race and shall include any registrations, statements, and payment of fees.
Knowledge of Rules. Each licensee, to maintain their qualifications for any license held by them, shall be familiar with and knowledgeable of the rules, including any amendments. Each licensee is presumed to know the rules.
Certain Prohibited Licenses. Commission-licensed jockeys, veterinarians, organizations' security personnel, vendors, and other licensees designated by the Stewards with approval of the Commission, may not hold any other license. The Commission may refuse to issue a license to a person whose spouse holds a license and which, in the opinion of the Commission, would create a conflict of interest.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-6 Racing Officials and Commission Racing Personnel

Racing Officials. The racing officials of a race meeting, unless otherwise ordered by the Commission, are as follows:

A. the Stewards;

B. the associate judges;

C. the paddock judge;

D. the starter;

E. the identifier or tattooer; and

F. the racing secretary.

No racing official may serve in that capacity during a race in which is entered a horse owned by them or by a member of their family or in which they have any financial interest except for the identifier or tattooer, and the racing secretary. Being the lessee or lessor of a horse shall be construed as having a financial interest.
Responsibility to the Commission. The racing officials shall be strictly responsible to the Commission for the performance of their duties, and they shall promptly report to the Commission or its stewards any violation of the rules of the Commission coming to their attention or of which they have knowledge. Any racing official who fails to exercise due diligence in the performance of their duties shall be relieved of their duties by the Stewards and the matter referred to the Commission.
Racing Officials Subject to Approval. Each racing official is subject to earlier approval by the Commission before being eligible to act as a racing official at the meeting. At the time of making application for an organization license, the organization shall nominate the racing officials other than the racing officials appointed by the Commission after issuance of a license to the organization, there shall be no substitution of any racing official except with the approval of the Stewards or the Commission.
Racing Officials Appointed by The Commission. The Commission shall appoint the following racing officials for a race meeting: The board of three Stewards and the identifier or tattooer. The Commission may appoint from the approved Stewards list one steward to serve as State Steward.
Racing Personnel Employed by the Commission. The Commission shall employ the services of the licensing person for a race meeting.
General Authority of Stewards. The Stewards have general authority and supervision over licensees and other persons attendant on horses, and also over the enclosures of any recognized meeting. Stewards have the power to interpret the rules and to decide questions not specifically covered by them. The Stewards may determine questions regarding eligibility, and racing; and entries, declarations, and scratches shall be under the supervision of the Stewards. The Stewards shall be strictly responsible to the Commission for the conduct of the race meeting in every particular.
Vacancy Among Racing Officials. Where a vacancy occurs among the racing officials, the Stewards shall fill the vacancy immediately. The appointment is effective until the vacancy is filled in accordance with the rules.
Jurisdiction of Stewards to Suspend or Fine. The Stewards' jurisdiction in any matter commences 72 hours before entries are taken for the first day of racing at the meeting and extends until 30 days after the close of such meeting. In the event a dispute or controversy arises during a race meeting that is not settled within the stewards' thirty-day jurisdiction, then the authority of the Stewards may be extended by authority of the Commission for the period necessary to resolve the matter, or until the matter is referred or appealed to the Commission. The stewards may suspend for not more than one year per violation, the license of anyone whom they have the authority to supervise; or they may impose a fine not to exceed $2,500 per violation; or they may exclude from enclosures in this state; or they may suspend and fine or exclude. Any suspensions, fines, or exclusions shall be reported immediately to the Commission. The Stewards may suspend a horse from participating in races if the horse has been involved in a violation of the rules of the Commission or Title 4, Chapter 38, the Utah Horse Regulation Act under the following circumstances:

A. a horse is a confirmed bleeder as determined by the Official Veterinarian, and the Official Veterinarian recommends to the Stewards that the horse be suspended from participation;

B. a horse is involved with:

a. any violation of medication laws and rules;

b. any suspension or revocation of an occupation license by the Stewards or the Commission or any racing jurisdiction recognized by the Commission; or

c. any violation of prohibited devices, laws, and rules.

Referral to the Commission. The Stewards may refer, with or without recommendation, any matter within their jurisdiction to the Commission.
Payment of Fines. Any fines imposed by the Stewards or Commission shall be due and payable to the Commission within 72 hours after imposition, except when the imposition of the fine is ordered stayed by the Stewards, the Commission, or a court having jurisdiction. However, when a fine and suspension is imposed by the Stewards or Commission, the fine shall be due and payable when the suspension expires. Nonpayment of the fine when due and payable may result in immediate suspension pending payment of the fine.
Stewards' Reports and Records. The Stewards shall maintain a record that shall contain a detailed, written account of questions, disputes, protests, complaints, and objections brought to the attention of the Stewards. The Stewards shall prepare a daily report concerning their race day activities which shall include fouls and disqualifications, disciplinary hearings, fines and suspensions, conduct of races, interruptions and delays, and condition of racing facility. The Stewards shall submit the signed original of their report and record to the executive director of the Commission within 72 hours of the race day.
Power to Order Examination of Horse. The Stewards may have tested, or cause to be examined by a qualified person, any horse entered in a race, that has run in a race, or that is stabled within the enclosure; and may order the examination of any ownership papers, certificates, documents of eligibility, contracts or leases pertaining to any horse.
Calling Off Race. When, in the opinion of the Stewards, a race cannot be conducted in accordance with the rules of the Commission, they shall cancel and call off the race. In the event of mechanical failure or interference during the running of a race that affects the horses in the race, the Stewards may declare the race a "no contest." A race shall be declared "no contest" if no horse covers the course.
Substitution of Jockey or Trainer.

A. In the event a jockey who is named to ride a mount in a race cannot fulfill their engagement and is excused by the Stewards, the trainer of the horse may select a substitute jockey; or, if no substitute jockey is available, the Stewards may scratch the horse from the race. However, the responsibility to provide a jockey for an entered horse remains with the trainer, and the scratching of the horse by the Stewards may not be grounds for the refund of any nomination, sustaining, penalty payments, or entry fees.

B. In the absence of the trainer of the horse, the Stewards may place the horse in the temporary care of another trainer of their selection; however, the horse may not be entered or compete in a race without the approval of the owner and the substitute trainer. The substitute trainer shall sign the entry card.

Stewards' List. The Stewards may maintain a list of those horses that, in their opinion, are ineligible to be entered in any race because of poor or inconsistent performance due to the inability to maintain a straight course, or any other reason considered a hazard to the safety of the participants. The horse shall be refused entry until it has demonstrated to the Stewards or their representatives that it can race safely and can be removed from the list.
Duties of the Starter. The starter shall have complete jurisdiction over the starting gate, the starting of horses, and the authority to give orders not in conflict with the rules as may be required to ensure participants have an equal opportunity to a fair start. The starter shall appoint assistants; however, they may not permit assistants to handle or take charge of any horse in the starting gate without their expressed permission. If organization starter assistants are unavailable to head a horse, the responsibility to provide qualified individuals to head or tail a horse in the starting gate shall rest with the trainer. The starter may establish qualification for and maintain a list of qualified individuals approved by the Stewards. No assistant starter or any individual handling a horse at the starting gate shall in any way impede, whether intentionally or otherwise, the start of the race; nor may an assistant starter or other individual, except the jockey handling the horse at the starting gate, apply a whip or other device in an attempt to load any horse in the starting gate. No one other than the jockey shall slap, boot, or otherwise try to dispatch a horse from the starting gate.
Starter's List. The starter may maintain a list of horses that, in their opinion, are ineligible to be entered in any race because of poor or inconsistent performance in the starting gate. Each horse shall be refused entry until it has demonstrated to the starter or their representatives that it has been satisfactorily schooled in the gates and can be removed from the starter's list. Schooling shall be under the direct supervision of the starter or their representatives.
Duties of the Paddock Judge. The paddock judge shall supervise the assembling of the horses scheduled to race, the saddling of horses in the paddock, the saddling equipment and changes, the mounting of the jockeys, and their departure for the post. The paddock judge shall provide a report on saddling equipment to the Stewards at their request.
Duties of Patrol Judges. The patrol judges, when utilized, shall be subject to the orders of the Stewards and shall report to the Stewards any facts occurring under their observation during the running of a race.
Duties of Placing Judges and Timers. The placing judges, timers, or Stewards shall occupy the judges' stand when the horses pass the finish line. Their duties shall be to hand time, place the horses in the correct order of finish, and report the results. In case of a dead heat or a disagreement as to the correct order of finish, the decision of the Stewards shall be final. In placing the horses at the finish, the position of the horses' noses only shall be considered the most forward point of progress.
Duties of The Clerk of Scales. The clerk of scales is responsible for the presence of jockeys in the jockey's room at the appointed time and to verify that jockeys have a current Utah jockey's license. The clerk of scales shall verify the correct weight of each jockey when weighing out and when weighing in, and shall report any discrepancies to the Stewards immediately. In addition, they shall be responsible for the security of the jockey's room and the conduct of the jockeys and their attendants. they shall promptly report to the Stewards any infraction of the rules with respect to weight, weighing, riding equipment, or conduct. They shall be responsible for accounting of data required on the scale sheet and submit that data to the horsemen's bookkeeper at the end of each race day.
Duties of the Racing Secretary. The racing secretary shall write and publish conditions of races and distribute them to horsemen as far in advance of the closing of entries as possible. They shall be responsible for the safekeeping of registration certificates and the return of same to the trainers on request or at the conclusion of the race meeting. They shall record winning races on the form supplied by the breed registry, which shall remain attached to or part of the registration certificate. The racing secretary shall be responsible for the taking of entries, checking eligibility, closing of entries, selecting the races to be drawn, conducting the draw, posting the overnight sheet, compiling the official program, and discharging other duties of their office as required by the rules or as directed by the Stewards.
Duties of Associate Judge. An associate judge may perform any of the duties that are performed by any racing official at a meeting, provided the duties are assigned or delegated to them by the Commission or by the Stewards presiding at that meeting.
Duties of the Official Veterinarian. The Official Veterinarian shall be a graduate veterinarian and licensed to practice in Utah. They shall recommend to the Stewards any horse that is deemed unsafe to be raced, or a horse that it would be inhumane to allow to race. They shall supervise the taking of specimens for testing according to procedures approved by the Commission. They shall provide proper safeguards in the handling of laboratory specimens to prevent tampering, confusion, or contamination. Specimens collected shall be sent in locked and sealed cases to the laboratory. They shall have the authority and jurisdiction to supervise the practicing licensed veterinarians within the enclosure. The Official Veterinarian shall report to the Commission the names of horses humanely destroyed or that otherwise expire at the meeting, and the reasons therefore. The Official Veterinarian may place horses on a veterinarian's list, and may remove from the list those horses that, in their opinion, cannot satisfactorily compete in a race.
Veterinarian's List. The Official Veterinarian may maintain a list of horses who, in their opinion, are incapable of safely performing in a race and are, therefore, ineligible to be entered or started in a race. Horses may be removed from the list when, in the opinion of the Official Veterinarian, the horse has satisfactorily recovered the capability of performing in a race. The reasons for placing a horse on the veterinarian's list shall include the shedding of blood from one or both nostrils following exercise or the performance in a race and the running of a temperature unnatural to the horse.
Duties of the Identifier. The identifier shall identify horses starting in a race. The identifier shall inspect documents of ownership, eligibility, registration, or breeding as may be necessary to ensure proper identification of each horse eligible to compete at a race meeting provide assistance to the Stewards in that regard. The identifier shall immediately report to the paddock judge and the Stewards any horse that is not properly identified or any irregularities reflected in the official identification records. The identifier shall report to the Stewards and to the Commission on general racing practices observed, and perform other duties as the Commission may require. The identifier shall report to the racing secretary before the close of the race day business.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-7 Entries and Declarations

Control Over Entries and Declarations. Entries and declarations are under the supervision of the Stewards or their designee; and they, without notice, may refuse the entries any person or the transfer of entries.
Racing Secretary to Establish Conditions. The racing secretary may establish the conditions for any race, the allowances or handicaps to be established for specific races, the procedures for the acceptance of entries and declarations, and other conditions as are necessary to provide and conduct the organization's race meeting. The racing secretary is responsible for the receipt of entries and declarations for races. The racing secretary, employees of their department, or racing officials may not disclose any pertinent information concerning entries which have been submitted until all entries are closed. After an entry to a race for which conditions have been published has been accepted by the racing secretary or their delegate, no condition of the race shall be changed, amended or altered, nor shall any new condition for the race be imposed.
Entries. No horse shall be entered in more than one race on the same day. A person may not enter or try to enter a horse for a race unless such entry is a bona fide entry made with the intention that the horse is to compete in the race for which entry is made except, if racing conditions permit, for entry back in finals or consolations involving physically disabled or dead qualifiers for purse payment purposes. Entries shall be in writing on the entry card provided by the organization and shall be signed by the trainer or assistant trainer of the horse. Entries made by telephone are valid properly confirmed by the track when signing the entry card. A horse may not be allowed to start unless the entry card has been signed by the trainer or their assistant trainer.
Determining Eligibility. Determination of a horse's eligibility, penalty or penalties, and the right to allowance or allowances for races shall be from the date of the horse's last race unless the conditions specify otherwise. The trainer is responsible for the eligibility of their horse and to properly enter their horse in condition. In the event, the records of the racing secretary or the appropriate breed registry do not reflect the horse's most recent starts, the trainer or owner shall accurately provide the information. If a horse is not eligible under the first condition of any race, they cannot be eligible under subsequent conditions. If the conditions specify nonwinners of a certain amount, it means that the horse has not won a race in which the winner's share was the specified amount or more. If the conditions specify nonearners of a stated amount, it means that the horse has not earned that stated amount in any total number of races regardless of the horse's placing.
Entries Survive with Transfer. Entries and rights of entry are valid and survive when a horse is sold with their engagements transferred. If a partnership agreement is properly filed with the Horsemen's Bookkeeper, subscriptions, entries, and rights of entry survive in the remaining partners. Unless written notice to the contrary is filed with the Stewards, the entries, rights of entry, and engagements remain with the horse and are transferred to the new owner. No entry or right of entry shall become void on the death of the nominator unless the conditions of the race state otherwise.
Horses Ineligible to start in Race. In addition to any other valid ground or reason, a horse is ineligible to start any race if:

A. the horse is not registered by The Jockey Club if a Thoroughbred; the American Quarter Horse Association if a Quarter Horse; the Appaloosa Horse Club if an Appaloosa; the Arabian Horse Club Registry of America if an Arabian; the American Paint Horse Association if a Paint; the Pinto Horse Association of America, Inc., if a Pinto; or any successors to any of the foregoing or other registry recognized by the Commission;

B. the Certificate of Foal Registration, eligibility papers, or other registration issued by the official registry for the horse is not on file with the racing secretary one hour before post time for the race in which the horse is scheduled to race;

C. the horse has been entered or raced at any recognized race meeting under any name or designation other than the name or designation assigned by and registered with the official registry;

D. the Win Certificate, Certificate of Foal Registration, eligibility papers or other registration issued by the official registry has been materially altered, erased, removed, or forged;

E. the horse is ineligible to enter the race, is not entered for the race, or remains ineligible to time of starting;

F. the trainer of the horse has not completed the prescribed licensing procedures required by the Commission before entry and the ownership of the horse has not completed the prescribed licensing procedures before the horse starting or the horse is in the care of an unlicensed trainer;

G. the horse is owned in whole or in part or trained by any person who is suspended or ineligible for a license or ineligible to participate under the rules of any Turf Governing Authority or Stud Book Registry;

H. the horse is a suspended horse;

I. the horse is on the Stewards' list, starter's list, or the veterinarian's list;

J. except with permission of the Stewards and identifier, the identification markings of the horse do not agree with identification as set forth on the registration certificate to the extent that a correction is required from the appropriate breed registry;

K. the horse has not been microchipped with a unique microchip identified according to ISO 11784 or lip tattooed on the inside of the upper lip by a Commission-approved tattooer;

L. the entry of a horse is not in the name of their true owner;

M. the horse has drawn into the field or has started in a race on the same day; or

N. the horse's age as determined by an examination of its teeth by the Official Veterinarian does not correspond to the age shown on its registration certificate, such determination by tooth examination to be made in accordance with the current "Official Guide for Determining the Age of the Horse" as adopted by the American Association of Equine Practitioners.

Horses Ineligible to Enter or Start. Any horse ineligible to be entered for a race or ineligible to start in any race that is entered or competes in the race, may be scratched or disqualified, and the Stewards may discipline any person responsible.
Registration Certificate to Reflect Correct Ownership. Each certificate of registration, eligibility certificate, or lease agreement filed with the organization and its racing secretary to establish the eligibility of a horse to be entered for any race shall accurately reflect the correct and true ownership of the horse, and the name of the owner that is printed on the official program for the horse shall conform to the ownership as declared on the certificate of registration or eligibility certificate. A stable name may be registered for the owner or ownership with the Commission. In the event ownership is by syndicate, corporation, partnership, or other association or entity, the name of the owner that is printed on the official program for such shall be the responsible managing owner, officer, or partner who assumes responsibilities as the owner.
Alteration or Forgery of Certificate of Registration. A person may not alter or forge any win sheet, certificate of registration, certificate of eligibility, or any other document of ownership or registration, nor willfully forge or alter the signature of any person required on any such document or entry card.
Declarations and Scratches. Any trainer or assistant trainer of a horse that has been entered in a race who does not wish such horse to participate in the draw shall declare their horse from the race before the close of entries. Any trainer or assistant trainer of a horse that has been drawn into or is also eligible for a race who does not wish the horse to start in the race, shall scratch their horse from the race before the designated scratch time. The declaration or scratch of a horse from a race is irrevocable.
Deadline for Arrival of Entered Horses. Horses scheduled to compete in a race shall be present within the enclosure no later than 30 minutes before their scheduled race without Stewards' approval. Horses not within the enclosure by their deadline may be scratched and the trainer subject to fine or suspension.
Refund of Fees. If a horse is declared or scratched from a race, the owner of the horse may not be entitled to a refund of any nomination, sustaining and penalty payments, entry fees, or organization charges paid or remaining due when of the declaration or scratch. In the event any race is not run, declared off, or canceled for any reason, the owners of such horses that remain eligible when the race is declared off or canceled shall be entitled to a complete refund of the payments and fees less monies specified in written race conditions for advertising and promotion.
Release of Certificates. Any certificate of registration or document of ownership filed with the racing secretary to establish eligibility to enter a race shall be released only to the trainer of record of the horse. However, the trainer may authorize in a form provided by the racing secretary the release of the certificate to the owner named on the certificate or their authorized agent. Any disputes concerning the rights to the registration certificates shall be decided by the Stewards.
Nomination Races. Before the closing of nominations, the organization shall file with the Commission a copy of the nomination blank and any advertisements for races to be run during a race meeting. For races that nominations close no earlier than 72 hours before post time, the organization shall furnish the Commission and the owners of horses previously made eligible by compliance with the conditions of the race, with a list of horses nominated and which remain eligible. The list shall be distributed within 15 days after the due date of each payment and shall include the horse's name, the owner's name, and the total amount of payments and gross purse to date, including any added monies, applicable interest, supplementary payments, and deduction for advertising and administrative expenses. The organization shall deposit monies for a nomination race in an escrow account according to procedures approved by the Commission.
Limitations on Field and Number of Races. No race with less than two horses entered and run, shall be approved by the Commission. No more than 20 races may be run on a race day, except with permission of the Commission. A race day may be canceled if less than 75 horses have been entered on the day's program, with the exception of days on which trials or finals for a nomination race are scheduled.
Agreement Upon Entry. No entry shall be accepted in any race except upon the condition that any disputes, claims, and objections arising out of the racing or with respect to the interpretation of Commission and track rules or conditions of any race shall be decided by the Board of Stewards at the race meet, or, upon appeal, decided by the Commission.
Selection of Entered Horses. The manner of selecting post positions of horses shall be determined by the Stewards. The selection shall be by lot and shall be made by one of the Stewards or their designee and a horseman, in public, at the close of entries. If the number of entries to any race is in excess of the number of horses which may, because of track limitations, be permitted to start in any one race, the race may be split, or four horses not drawing into the field may be placed on an also eligible list.
Preferred List of Horses. The racing secretary may maintain a list of entered horses eliminated from starting by a surplus of entries, and these horses shall constitute a preferred list and have preference. The manner in which the preferred list shall be maintained and rules governing the list shall be the responsibility of the Racing Secretary. Rules shall be submitted to the Commission 30 days before the commencement of the meet and are subject to approval by the Commission.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-8 Veterinarian Practices, Medication and Testing Procedures

Veterinarians Under the Authority of the Official Veterinarian. Veterinarians licensed by the Commission and practicing at any location under the jurisdiction of the Commission are under the authority of the Official Veterinarian and the stewards. The Official Veterinarian shall:

A. recommend to the stewards or the Commission, the discipline that may be imposed upon a veterinarian who violates the rules; and

B. sit with the Stewards in any hearing before the Stewards in any administrative process for discipline or violation against a veterinarian.

Physical Inspection and Assessment of Racing Condition. Any horse entered to participate in an official race shall be subjected to a veterinary inspection before starting in the race.

A. The inspection shall be conducted by the Official Veterinarian or the racing veterinarian.

B. The trainer of each horse or their representative shall present the horse for inspection as required by the examining veterinarian.

C. Each horse presented for examination shall have clean legs, including removal of any bandages.

D. Before examination, a horse may not be placed in ice, nor shall any device or substance be applied that impedes veterinary clinical assessment.

E. The Official Veterinarian or the racing veterinarian shall maintain a permanent continuing health and racing soundness record of each horse inspected.

F. The Official Veterinarian or the racing veterinarian are authorized access to any horses housed on association grounds regardless of entry status.

G. The veterinarian will recommend to the stewards the horse be scratched, if, before starting:

a. a horse is determined to be unfit for competition; or

b. if the veterinarian cannot make a determination of racing soundness.

H. Horses scratched upon the recommendation of the Official Veterinarian or the racing veterinarian are to be placed on a list maintained by the Official Veterinarian.

Appropriate Role of Veterinarians. The following limitations apply to drug treatments of horses that are engaged in activities, including training, related to competing in Commission sanctioned race meets.

A. No drug may be administered except in the context of a valid relationship between an attending veterinarian, the horse owner, who may be represented by the trainer or other agent, and the horse. No drug or prescription drug may be administered without a veterinarian having examined the horse and provided the treatment recommendation. The relationship requires the following:

a. the veterinarian, with the consent of the owner, has accepted responsibility for making medical judgments about the health of the horse;

b. after performing an examination, the veterinarian has:

(1) sufficient knowledge of the horse to make a preliminary diagnosis of its medical condition;

(2) is available, or has made arrangements to oversee treatment outcomes; and

(3) maintains the veterinarian-client relationship, and;

c. the judgment of the veterinarian is independent and not dictated by the trainer or owner of the horse.

B. The trainer and veterinarian are both responsible to ensure compliance with these limitations on drug treatments of horses.

Treatment Restrictions. Only licensed trainers, licensed owners, or their designees shall be permitted to authorize veterinary medical treatment of horses under their care, custody, and control at locations under the jurisdiction of the Commission.
To administer a prescription or controlled medication, drug, chemical, or other substance, an individual shall be:

A. licensed to practice veterinary medicine under the jurisdiction of the Commission; and

B. licensed by the Commission.

C. Subsection R52-7-8(5) does not apply to the administration of an oral substance allowed by the Commission rules if the substance is not banned.

D. Subsection R52-7-8(5) does not apply to a recognized non-injectable nutritional supplement or other supplement approved by a licensed veterinarian or by the Official Veterinarian.

E. No individual shall have a hypodermic needle, syringe capable of accepting a needle, or injectable of any kind on association grounds, unless otherwise approved by the Commission.

F. At any location under the jurisdiction of the Commission, a veterinarian may use only a one-time disposable syringe and needle and shall dispose of both in a manner approved by the Commission.

G. If an individual has a medical condition that makes it necessary to have a syringe at any location under the jurisdiction of the Commission, that individual shall:

a. request permission of the Stewards and the Commission in writing;

b. furnish a letter from a licensed physician explaining why it is necessary to have a syringe; and

c. comply with any conditions and restrictions set by the stewards and the Commission.

Veterinary Practices. Private veterinarians may not have contact with an entered horse 24 hours before the post time of the race in which the horse is scheduled to compete, unless licensed by the Commission and approved by the Official Veterinarian.

A. Any unauthorized contact may result in the horse being scratched from the scheduled race and further disciplinary action by the stewards.

B. Any horse entered for racing shall be present on the grounds four hours before the post time of the race they are entered in.

C. Administration of furosemide shall take place on the grounds four hours before the post time of the race they are entered in.

D. Furosemide shall be administered by the Official Veterinarian or a Track Veterinarian.

Veterinarians' Reports. A private veterinarian who treats a racehorse at a facility under the jurisdiction of the Commission shall submit a Veterinarian's Medication Report Form approved by the Commission to the Official Veterinarian or other racing authority designee.

A. The Veterinarian's Medication Report Form shall be signed by the private veterinarian or, when signed electronically, shall be submitted by the private veterinarian.

B. The Veterinarian's Medication Report Form shall be filed by the treating veterinarian immediately following administration or prescription of any medication, drug, substance, or procedure.

C. Disclosure of any report is governed by Title 63G, Chapter 2 Government Records Access and Management Act (GRAMA) and is non-public to the extent allowed by GRAMA. Access to a report is limited to the Official Veterinarian and the contents may not be disclosed except:

a. in the course of an investigation of a possible violation of this rule;

b. in a proceeding before the stewards or the Commission exercising Commission authority; or

c. to the horse trainer or owner of record at the time of treatment.

D. A timely and accurate filing of a Veterinarian's Medication Report Form that is consistent with the analytical results of a positive test may be used as a mitigating factor in determining the nature and extent of a rules violation.

Pre-race and post-race testing and reporting to the test barn. The official winning horse and any other horse ordered by the Commission or the Stewards shall be taken to the test barn to have hair, blood, or urine samples taken at the direction of the Official Veterinarian.

A. The Stewards, Commission, or Official Veterinarian may require random testing on a horse at any time a horse is on the grounds under the jurisdiction of the Commission.

B. Unless otherwise directed by the stewards or Official Veterinarian, a horse that is selected for testing shall be taken directly to the test barn. An individual approved by the Commission or a track security guard shall monitor access to the test barn area during and immediately following each racing performance. Any individual entering the test barn area shall:

a. be at least 18 years old;

b. be currently licensed by the Commission;

c. display their Commission identification badge; and

d. have a legitimate reason for being in the test barn area.

C. Sample collection for blood and urine shall be done in accordance with the guidelines and instructions provided by the Official Veterinarian, including the determination of a minimum sample requirement for the primary testing laboratory.

a. If the specimen obtained from a horse is less than the minimum sample requirement, the entire specimen shall be sent to the primary testing laboratory.

b. If a specimen obtained from a horse is greater than the minimum sample requirement but less than twice that amount, the portion of the sample that is greater than the minimum sample requirement shall be secured as the split sample.

c. If a specimen obtained from a horse is greater than twice the minimum sample requirement, a portion of the sample about equal to the amount provided for the primary testing laboratory shall be secured as the split sample.

d. Blood samples shall be collected at a consistent time, preferably before one hour post-race.

D. Sample collection for hair testing shall be done in accordance with the guidelines and instructions provided by the Official Veterinarian to determine sample size. Hair testing is not subject a split sample.

Sampling or Testing. The Commission shall adopt standard operating procedures that include:

A. sampling procedures; and

B. personnel and notification processes.

If a sample taken pre-race is determined to be above the thresholds stated in this rule, the horse shall be scratched and enforcement action taken in accordance with this rule.
Any owner, trainer, or other licensed designee of the owner or trainer who fails to permit a horse to be tested when requested by an authorized Commission designee shall have that horse scratched.
Out-of-competition Testing Authorized. The Commission may take blood, urine, hair, or other biologic samples from a horse at a reasonable time on any date as authorized by Commission rules to enhance the ability of the Commission to enforce its medication rules.
Horses Eligible to be Tested. Any horse that has been engaging in activities related to competing in horse racing in the jurisdiction may be tested. This includes:

A. horses that are training outside the jurisdiction to participate in racing in the jurisdiction; and

B. horses that are training in the jurisdiction.

Weanlings, yearlings, and horses no longer engaged in horse racing, such as retired broodmares are not eligible to be tested.
A horse is presumed eligible for out-of-competition testing if:

A. it is on the grounds at a racetrack or training center under the jurisdiction of the Commission;

B. it is under the care or control of a trainer licensed by the Commission;

C. it is owned by an owner licensed by the Commission;

D. it is entered or nominated to race at a premise licensed by the Commission;

E. it has raced within the previous 12 months at a premise licensed by the Commission; or

F. it is nominated to a program based on racing in the jurisdiction.

Horses shall be selected for sampling by a Commission veterinarian, Executive Director, Equine Medical Director, Steward, Presiding Judge, or a designee of any of the foregoing.
Horses with hair tests with pending results from the trials shall be allowed to race in the finals race if results are not received before post time. Positive test results shall result in the horse being disqualified from the finals race and a loss of purse from the trial and final.
Horses may be selected to be tested at random, for cause, or as otherwise determined, at the discretion of the Commission, and the Commission need not provide advance notice before arriving at any location, whether or not licensed by the Commission, to collect samples.
The trainer, owner, or their designee shall cooperate with the person who takes samples for the Commission, and shall:

A. assist in the immediate location and identification of the horse; and

B. make the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples.

A trainer or owner of a horse that has been notified that a written report from a primary laboratory states that a prohibited substance was found in a specimen obtained under this rule, may request that a split sample for blood and urine, corresponding to the portion of the specimen tested by the primary laboratory, be sent to another laboratory approved by the Commission.

A. The request must be made in writing and delivered to the Stewards before three business days after the stewards receive written notice of the findings of the primary laboratory. Any split sample requested shall be shipped within an additional 48 hours. The owner or trainer requesting testing of a split sample shall be responsible for the cost of shipping and testing.

B. Failure of the owner, trainer, or designee to appear when and place designated by the Official Veterinarian shall constitute a waiver of rights to split sample testing.

C. Before shipment, the Commission shall confirm the split sample laboratory's willingness to simultaneously:

a. provide the testing requested;

b. send results to both the person requesting the testing and the Commission, and;

c. make arrangements for payment satisfactory to the split sample laboratory.

D. If a reference laboratory will accept split samples, that laboratory shall be included among the laboratories approved for split sample testing.

Storage and Shipment of Split Samples. Split samples obtained in accordance with this rule shall be secured and available for further testing in accordance with the following procedures.

A. A split sample shall be secured in the test barn in the same manner as the portion of the specimen shipped to a primary laboratory until specimens are packed and secured for shipment to the primary laboratory. Any evidence of a malfunction of a split sample freezer or samples that are not in a frozen condition during storage shall be documented in the log and immediately reported to the Official Veterinarian or a designated Commission representative.

B. Split samples shall then be transferred to a freezer at a secure location approved by the Commission that shall meet the following requirements:

a. the freezer shall have two hasps or other devices providing for use of two independent locks;

b. one lock shall be the property of the Commission; and

c. one lock shall be the property of a representative of the group representing a majority of the horsemen at a race meeting.

C. The locks shall be closed and locked to prevent access, except as provided by this rule.

D. A freezer for storage of split samples shall only be opened under the following circumstances:

a. to deposit or remove split samples; or

b. to inventory, or check the condition of samples.

E. When a freezer used for storage of split samples is opened, it shall be attended by both a representative of the Commission and the owner or trainer of the horse, or their designee.

F. A chain of custody log shall be maintained and shall record each time a split sample freezer is opened to:

a. specify each person in attendance;

b. specify the purpose for opening the freezer;

c. identify split samples deposited or removed;

d. specify the date and time the freezer was opened, the time the freezer was closed; and

e. verify that both locks were secured before and after opening the freezer.

G. The Commission shall also provide a Split Sample Chain of Custody Verification Form. The form, including any additional information the Official Veterinarian may require, shall be completed during the retrieval, packaging, and shipment of the split sample, specifying:

a. the date and time the sample is removed from the split sample freezer;

b. the sample number;

c. the address where the split sample is to be sent;

d. the name of the carrier and the address where the sample is to be taken for shipment;

e. verification of retrieval of the split sample from the freezer including packaging;

f. verification of the address of the laboratory on the sample package;

g. verification of the condition of the sample package immediately before transfer of custody to the carrier; and

h. the date and time custody of the sample is transferred to the carrier.

The owner, trainer, or designee shall pack the split sample for shipment in the presence of a representative of the Commission, in accordance with the packaging procedures recommended by the Commission.
Laboratory Minimum Standards. Laboratories conducting either primary or split post-race sample analysis shall meet at least the following minimum standards.

A. The laboratory must be accredited by an accrediting body designated by the Association of Racing Commissioners International to standards set forth and required by the Commission

B. A testing laboratory shall:

a. have, or have access to, LC/MS instrumentation for screening or confirmation purposes; and

b. be able to meet minimum standards of detection, which are defined as the specific concentration at which a laboratory is expected to detect the presence of a particular substance or metabolite; or by the adoption of a regulatory threshold.

Postmortem Examinations.

A. The Commission may require a postmortem examination of any horse that dies or is euthanized on association grounds.

B. If a postmortem examination is to be conducted, the Commission or its representative shall take possession of the horse upon death for postmortem examination.

C. Shoes and equipment on the horse's legs shall be left on the horse.

D. If a postmortem examination is to be conducted, the Commission or its representative shall collect blood, urine, bodily fluids, or other biologic specimens immediately, if possible before euthanasia.

E. The Commission may submit blood, urine, bodily fluids, or other biologic specimens collected during a postmortem examination for analysis.

F. The presence of a prohibited substance in a specimen collected during the postmortem examination may constitute a violation.

G. Licensees shall be required to comply with postmortem examination requirements as a condition of licensure.

H. In proceeding with a postmortem examination, the Commission or its designee shall coordinate with the owner or the owner's agent to determine and address any insurance requirements.

I. The owner of the deceased horse shall pay any charges due the Official Veterinarian or a licensed veterinarian employed to conduct the postmortem examination.

J. If any licensed veterinarian other than the Official Veterinarian or their designee performs a postmortem examination, the veterinarian shall submit the record of the postmortem examination to the Official Veterinarian within 72 hours of the examination.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-9 Running the Race

Jockeys to Report. Each jockey engaged to ride in a race shall report to the jockey room at least one hour before post time of the first race and shall weigh out at the appointed time unless excused by the Stewards. After reporting, a jockey may not leave the jockey room until their riding engagements have been fulfilled or unless excused by the Stewards.
Entrance to Jockey Room Prohibited. Except with permission of the Stewards or the Commission, a person may not be permitted entrance into the jockey room from one hour before post time for the first race until after the last race other than jockeys, their attendants, racing officials and security officers on duty, and organization employees performing required duties.
Weighing Out. Each jockey taking part in a race shall be weighed out by the Clerk of Scales no more than one hour preceding the time designated for the race. Any overweight in excess of one pound shall be declared by the jockey to the Clerk of Scales, who shall report such overweight and any change in jockeys to the stewards for immediate public announcement. A jockey's weight includes the riding costume, racing saddle and pad; but may not include the jockey's safety helmet, whip, the horse's bridle or other regularly approved racing tack. A jockey shall be neat in appearance and shall wear a conventional riding costume.
Unruly Horses in the Paddock. If a horse is so unruly in the saddling paddock that the identifier cannot read the tattoo number and properly identify the horse; or if the trainer or their assistant is uncooperative in the effort to identify the horse, then the horse may be scratched by order of the Stewards.
Use of Equipment. No bridle shall weigh more than two pounds, nor shall any whip weigh more than one pound or be more than 31 inches in length. No whip shall be used unless it shall have affixed to the end thereof a leather "popper." Whips are subject to inspection and approval by the Stewards. Blinkers are not to be placed on the horse until after the horse has been identified by the official identifier, except with permission of the Stewards.
Any jockey who chooses to use a riding crop during a race shall do so only in a manner consistent with exerting their efforts to win.

A. A jockey may only use the riding crop approved by Stewards to influence a horse's speed and may not use other electrical, mechanical, or other expedient devices intended for this purpose on the racetrack facility grounds during the race meeting, whether in a race or otherwise.

B. The riding crop shall only be used for safety, correction, and limited encouragement, and be appropriate, proportionate, and professional, taking into account the racing rules.

C. Stimulus provided by the use of the riding crop shall be monitored so as not to compromise the welfare of the horse.

D. Jockeys shall adjust their use of the riding crop to the individual horse and race conditions.

E. Riders shall adhere to the following guidelines when using a riding crop, except in situations where rider safety is at risk: a. before striking the horse, first show the horse the crop or tap the horse with the crop held downward, allowing a response; and

b. may not use the crop more than two times consecutively, allowing the horse an opportunity to respond before using the crop again.

(1) A "chance to respond" means the horse has taken three full strides and the jockey has taken one of the following actions:

i. paused use of the crop before resuming;

ii. pushed on the reins with both hands, holding the crop in either the up or down position;

iii. shown the horse the riding crop without making contact; or

iv. moved the riding crop from one hand to the other.

F. When determining whether to review a jockey's riding crop usage, Stewards will evaluate the jockey's overall use of the crop throughout the race, focusing on its use in the final stages. Some relevant factors include:

a. how the jockey used the riding crop;

b. the reason for using the riding crop;

c. the distance the jockey used the riding crop, and whether the frequency of use was reasonable and necessary; and

d. whether the horse continued to respond.

G. In the event of a Stewards review, riding crop use may be considered appropriate in the following situations:

a. to keep a horse in contention or to maintain a challenging position before the final stages of a race;

b. to maintain a horse's focus and concentration;

c. to correct a noticeably hanging horse;

d. to ensure the horse maintains a straight course; or

e. when there is only light contact with the horse.

H. Prohibited uses of the riding crop include striking a horse:

a. on the head, flanks, or any other part of its body besides the shoulders or hindquarters, except when necessary for control;

b. during the post parade or after the race has finished, except when necessary for control;

c. excessively or brutally, causing welts or breaks in the skin;

d. when the horse is clearly out of the race or has achieved its maximum placing;

e. persistently, despite the horse showing no response to the riding crop; or

f. striking another rider or horse.

Responsibility for Weight. The jockey, trainer, and owner shall be responsible for the weight carried by the horse after the jockey has been weighed out for the race by the clerk of scales. The trainer or owner may substitute a jockey when the engaged jockey reports an overweight in excess of two pounds.
Safety Equipment Required. Each person, when mounted on a race horse within the enclosure or riding in a race, shall wear a properly fastened safety helmet and flak jacket. The Commission or the Stewards may require any other person to wear a helmet and jacket when mounted on a horse within the enclosure. Safety helmets and flak jackets required are subject to approval of the Stewards or Commission.
Display of Colors and Post Position Numbers. In a race, each horse shall carry a conspicuous saddle cloth number, and the jockey shall wear racing colors consisting of long sleeves and a numbered helmet cover corresponding to the number of the horse that are furnished by the organization licensee.
Deposit of Jockey Fee. The minimum jockey mount fee for a losing mount in the race shall be on deposit with the horsemen's bookkeeper, before the time for weighing out, and failure to have a minimum fee on deposit is cause for disciplinary action and cause for the stewards to scratch the horse for which the fee is to be deposited. The organization assumes the obligation to pay the jockey fee when earned by the engaged jockey. The jockey fee shall be considered earned when the jockey is weighed out by the clerk of scales, unless, in the opinion of the Stewards, the jockey capable of riding elects to take themselves off the mount without proper cause.
Requirements for Horse, Trainer, And Jockey. Each horse shall be in the paddock when appointed by the Stewards before post time for their race. Each horse shall be saddled in the paddock stall designated by the paddock judge unless special permission is granted by the Stewards to saddle elsewhere. Each trainer or their assistant trainer having the care and custody of a horse shall be present in the paddock to supervise the saddling of the horse and shall give instructions as may be necessary to assure the best performance of the horse. Each jockey participating in a race shall give their best effort to facilitate the best performance of their horse.
Failure to Fulfill Jockey Engagements. No jockey engaged for a certain race or for a specified time may fail or refuse to abide by their agreement unless excused by the stewards.
Control and Parade of Horses on the Track. The horses are under the control of the starter from the time they enter the track until dispatched at the start of the race. Horses with jockey mounted shall parade and warm up carrying their weight and wearing their equipment from the paddock to the starting gate, as well as to the finish line. Any horse failing to do so may be scratched by the Stewards. After passing the stands at least once, the horses may break formation and warm up until directed to proceed to the starting gate. In the event a jockey is injured during the parade to post or at the starting gate and must be replaced, the horse shall be returned to the paddock and resaddled with the replacement jockey's equipment. The horse shall carry the replacement jockey to the starting gate.
Start of The Race. When the horses have reached the starting gate, they shall be placed in their starting gate stalls in the order stipulated by the starter. Except in cases of emergency, each horse shall be started by the starter from a starting gate approved by the Commission. The starter shall see that the horses are placed in their proper positions without unnecessary delay. Causes for any delay in the start shall immediately be reported to the Stewards. If, when the starter dispatches the field, the doors at the front of the starting gate stall should not open properly due to a mechanical failure of malfunction of the starting gate, the Stewards may declare the horse to be a nonstarter. Should a horse that is not previously scratched not be in the starting gate stall, causing the horse to be left when the field is dispatched by the starter, the horse shall be declared a nonstarter by the Stewards.
Leaving the Race Course. Should a horse leave the course while moving from the paddock to starting gate, they shall return to the course at the nearest practical point to that at which they left the course, and shall complete their parade to the starting gate from the point at which they left the course. However, should the horse leave the course to the extent that they are out of the direct line of sight of the Stewards, or if the horse cannot be returned to the course within a reasonable amount of time, the Stewards shall scratch the horse. Any horse that leaves the course or loses its jockey during the running of a race shall be disqualified and may be placed last, or the horse may be unplaced.
Riding Rules. In a straightaway race, each horse shall maintain position as nearly as possible in the lane in which they start. If a horse is ridden, drifts, or swerves out of their lane in a manner that they interfere with or impede another horse, it is a foul. Each jockey shall be responsible for making their best effort to control and guide their mount in a way as not to cause a foul. The stewards shall take cognizance of riding that results in a foul, irrespective of whether an objection is lodged. If in the opinion of the Stewards, a foul is committed as a result of a jockey not making their best effort to control and guide their mount to avoid a foul, whether intentionally or through carelessness or incompetence, the jockey may be penalized at the discretion of the stewards.
Stewards to determine Fouls and Extent of Disqualification. The Stewards shall determine the extent of interference in cases of fouls or riding infractions. They may disqualify the offending horse and place it behind other horses as in their judgment it interfered with, or they may place it last. The Stewards may determine that a horse shall be unplaced.
Careless Riding. A jockey may not ride carelessly or willfully so as to permit their mount to interfere with or impede any other horse in the race. A jockey may not willfully strike at another horse or jockey so as to impede, interfere with, or injure the other horse or jockey. If a jockey rides in a manner contrary to this rule, the horse may be disqualified or the jockey may be fined or suspended, or otherwise disciplined.
Ramifications of a Disqualification. When a horse is disqualified by the Stewards, each horse in the race owned wholly or in part by the same owner, or trained by the same trainer, may be disqualified. When a horse is disqualified for interference in a time trial race, it shall receive the time of the horse it is placed behind plus 0.01 of a second penalty, or a more exact measurement if photo finish equipment permits, and shall be eligible to qualify for the finals or consolations of the race on the basis of the assigned time.
Dead Heat. When a race results in a dead heat, the heat may not be run off. The purse distribution due the horses involved in the dead heat shall be divided equally between them. Prizes or trophies for which a duplicate is not awardable shall be drawn for by lot.
Returning to the Finish After the Race. After the race, the jockey shall return their horse to the finish and before dismounting, salute the stewards. A person may not assist a jockey in removing from their horse the equipment that is to be included in the jockey's weight except by permission of the Stewards. A person may not throw any covering over any horse at the place of dismounting until the jockey has removed the equipment that is to be included in their weight.
Objection - Inquiry Concerning Interference. Before the race has been declared official, a jockey, trainer or their assistant trainer, owner or their authorized agent of the horse, who has reasonable grounds to believe that their horse was interfered with or impeded or otherwise hindered during the running of a race, or that any riding rule was violated by any jockey or horse during the running of the race, may immediately make a claim of interference or foul with the Stewards or their delegate. The Stewards shall thereupon hold an inquiry into the running of the race; however, may, upon their own motion, conduct an inquiry into the running of a race. Any claim of foul, objection, or inquiry shall be immediately announced to the public.
Official Order of Finish. When satisfied that the order of finish is correct, that each jockey unless excused have been properly weighed in, and that the race has been properly run, in accordance with the rules of the Commission, the stewards shall declare that the order of finish is official, and it shall be announced to the public, confirmed, and the official order of finish posted for the race.
Time Trial Qualifiers. When two or more time trial contestants have the same qualifying time, to a degree of .001 of a second, or a more exact measurement if photo finish equipment permits, for fewer positions in the finals or consolation necessary for contestants, then a draw by lot will be conducted in accordance with Subsection R52-7-7(17). However, no contestant may draw into a finals or consolation instead of a contestant that out finished such contestant. When scheduled races are trial heats for futurities or stakes races electronically timed from the starting gates, no organization licensee shall move the starting gates or allow the starting gates to be moved until trial heats are complete, except in an emergency as determined by the Stewards.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-10 Objections and Protests; Hearing and Appeals

Stewards to Make Inquiry or Investigation. The Stewards shall make diligent inquiry or investigation into any complaint, objection, or protest made either upon their own motion, by any racing official, or by any other person empowered by this rule to make such complaint, protest, or objection.
Objections. Objections to the participation of a horse entered in any race shall be made to the Stewards in writing and signed by the objector. Except for claim of foul or interference, an objection to a horse entered in a race shall be made two hours before the scheduled post time for the first race on the day which the questioned horse is entered. Any objection shall set forth the specific reason or grounds for the objection in such detail so as to establish probable cause for the objection. The Stewards, upon their own motion, may consider an objection until the horse becomes a starter. An objection concerning claim of foul in a race may be lodged verbally to the stewards before the race results are declared official.
Grounds for Objections. An objection to a horse that is entered in a race shall be made on the following grounds or reasons:

A. a misstatement, error or omission in the entry under which a horse is to run;

B. the horse that is entered to run is not the horse it is represented to be at the time of entry, or that the age is erroneously given;

C. the horse is not qualified to enter under the conditions specified for the race, that the allowances are improperly claimed or not entitled the horse, or that the weight to be carried is incorrect under the conditions of the race;

D. the horse is owned in whole or in part, or leased by a person ineligible to participate in racing or otherwise ineligible to run a race as provided in this rule; or

E. that reasonable grounds exist whereby a horse was interfered with or impeded or otherwise hindered by another horse or jockey during the running of a race.

Horse Subject to Objection. The Stewards may scratch from the race any horse that is the subject of an objection if they have reasonable cause to believe that the objection is valid.
Protests. A protest against any horse that has started in a race shall be made to the Stewards in writing, signed by the protester, within 48 hours of the race, except as noted in Subsection R52-7-10(8). Any protest shall set forth the specific reasons for the protest in such detail as to establish probable cause for protest. The Stewards upon their own motion may consider a protest at any time.
Grounds for Protest. A protest may be made upon the following grounds:

A. any ground for objection set forth in Subsection R52-1-10(3);

B. that the order of finish as officially determined by the Stewards was incorrect due to oversight or errors in the numbers designated to the horses that started in the race;

C. that a jockey, trainer, or owner of a horse that started in the race was ineligible to participate in racing as provided in this rule;

D. that the weight carried by a horse was improper by reason of fraud or willful misconduct; or

E. that an unfair advantage was gained in violation of the rules.

Persons Empowered to File Objection or Protest. A jockey, trainer, owner or authorized agent of the horse that is entered or is a starter in a race may file an objection or protest against any other horse in the race upon the grounds set forth in this rule for objections and protests.
No Limitation on Time to File When Fraud Alleged. Notwithstanding any other provision in this rule, the time limitation on the filing of protests may not apply in any case in which fraud or willful misconduct is alleged, provided that the Stewards are satisfied that the allegations are bona fide and susceptible to verification.
Frivolous or Inaccurate Objection or Protest. A person may not knowingly file a frivolous, inaccurate, false, or untruthful objection or protest; nor shall any person present their objection or protest to the stewards in a disrespectful or undignified manner.
Horse to be disqualified on Valid Protest. If a protest against a horse that has run in a race is declared valid, that horse may be disqualified. A horse disqualified that was a starter in the race, may be placed last in the order of finish or may be unplaced. The Stewards or the Commission may order any purse, award or prize for any race withheld from distribution pending the determination of the protest. In the event any purse, award or prize has been distributed to a person on behalf of a horse that by protest or other reason is disqualified or determined not to be entitled to the purse, award or prize, the stewards or the Commission may order the purse, award or prize returned and redistributed to the rightful person. Any person who fails to comply with an order to return any purse, award, or prize previously distributed shall be suspended until its return.
Notification of and Representation at Hearing. Adequate notice of hearing shall be given to every summoned person in accordance with the procedures set forth in Subsection R52-7-3(6). Each person alleged to have committed a rule violation or who is called to testify before the Stewards is entitled at the persons expense to have counsel present evidence and witnesses on their behalf and to cross-examine other witnesses at the hearing.
Testimony and Evidence at Hearing. Each person called to a hearing before the Stewards for a rule violation shall be allowed to present testimony, produce witnesses, cross-examine witnesses, and present documentary evidence in accordance with the rules of privilege recognized by law.
Duty of Disclosure. Each licensee shall fully disclosure at a hearing before the Commission or before the Stewards of any knowledge they have of a violation of any racing law or of the rules of the Commission. A person may not refuse to testify at any hearing on any relevant matter except in the proper exercise of a legal privilege, nor shall any person testify falsely.
Failure to Appear. Any licensee or summoned person who fails to appear before the Stewards or the Commission after they have been ordered personally or in writing to do so, may be suspended pending appearance before the Stewards or the Commission. Nonappearance of a summoned person after adequate notice may be construed as a waiver of right to be present at a hearing.
Record of Hearing. Hearings before the Stewards or Commission shall be recorded. The portion of a hearing that includes deliberations in executive session need not be recorded. A written transcript or a copy of the tape recording shall be made available to any person alleged to have committed a violation of the law upon written request and payment of appropriate reimbursement cost for transcription or reproduction.
Vote on Steward's Decision. A majority vote shall decide any question to which the authority of the Stewards extends. If a vote is not unanimous, the dissent steward shall provide a written record to the Commission of the reasons for such dissent within 72 hours of the vote.
Rulings by The Stewards. Any ruling or order issued by the Stewards shall specify the full name of the licensee or person subject to the ruling or order, most recent address on file with the Commission, date of birth, social security number, statement of the offense charged including any rule number; date of ruling; fine or suspension imposed or other action taken, changes in the order of finish and purse distribution in a race, when appropriate, and any other information deemed necessary by the Stewards or the Commission. Any member of a Board of Stewards may, after consultation with and by mutual agreement of the other Stewards, issue an Order or Notice signed by one steward on behalf of the Board of Stewards. Subsequently, an Order containing all three stewards' signatures shall be made part of the official record.
Summary Suspension of Occupation Licensee. If the Stewards or the Commission find that the public health, safety, or welfare require emergency action and incorporates a finding to that effect in any Order, summary suspension may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly initiated and held as provided in Subsection R52-7-10(19).
Duration of Suspension or Revocation. Unless execution of an order of suspension or revocation is stayed by the Commission or a court of competent jurisdiction, a person's occupation license, suspended or revoked, shall remain suspended or revoked until the final determination has been made pursuant to Section R52-7-5.
Grounds for Appeal From Decision of The Stewards. Any decision of the Stewards, except decisions regarding disqualifications for interference during the running of a race, may be appealed to the Commission. The decision may be overruled if it is found by a preponderance of evidence that:

A. the Stewards mistakenly interpreted the law;

B. the appellant produces new evidence of a convincing nature that, if found to be true, would require the overruling of the decision; or

C. the best interests of racing and the state may be better served.

Appeal from Decision of The Stewards. The Commission shall review hearings of any case referred to the Commission by the Stewards or appealed to the Commission from the decisions of the Stewards except as otherwise provided in this rule. Upon every appealable decision of the Stewards, the person subject to the decision or Order shall be made aware of their right to an appeal before the Commission and the necessary procedures thereof. Appeals shall be made within five days from the date of the rendering of the decision of the Stewards unless the Commission extends the time for filing for good cause. Any extension should not exceed 30 days from the rendering date. The appeal shall be in writing, signed by the appellant, and shall contain their full name, present mailing address, and present phone number; and shall set forth the facts and any new evidence the appellant believes to be grounds for an appeal before the Commission. Action on a hearing request must begin by the Commission within 30 days of the filing of the appeal. An appeal may not affect a decision of the Stewards until the appeal has been sustained or dismissed or a stay order issued.
Appointment of Hearing Examiners. When directed by the Commission, any qualified person may sit as a hearing examiner for the taking of evidence in any matter pending before the Commission. Any hearing examiner shall report to the Commission Findings of Fact and Conclusions of Law, and the Commission shall determine the matter as if the evidence had been presented to the full Commission.
Hearings on Agreement. Persons aggrieved as of the result of a Stewards' ruling in a preliminary or trial race may request a hearing before the executive director of the Commission to review the ruling. If interested parties waive the right to receive ten-day notice of hearing, such a hearing may be heard on a day certain within seven days after the preliminary or trial race in question. Any appeals shall be heard on days set by the executive director of the Commission or anyone acting in their stead.
Temporary Stay Order. The Executive Director may, upon consultation with the direction of a minimum of three Commissioners, issue or deny a temporary stay order to stay execution of any ruling, order or decision of the Stewards except stewards' decisions regarding disqualifications for interference during the running of a race. Any application for a temporary stay shall be in writing, signed by the appellant; shall contain their full name, present mailing address, and present phone number; shall set forth the facts and any evidence to justify the issuance of the stay; and shall be filed with the Office of the Commission as specified in Subsection R52-7-3(7). The granting of a temporary stay order shall carry no presumption that the stayed decision of the Stewards is or may be invalid, and a temporary stay order may be dissolved at any time by further order of the executive director upon consultation with and the direction of a minimum of three Commissioners.
Appearance at Hearing Upon Appeal. The Commission shall notify the appellant and the Stewards of the date, time, and location of its hearing in the matter upon appeal. The burden shall be on the appellant to provide the facts necessary to sustain the appeal.
Complaints Against Officials. Any complaint against a racing official other than a steward shall be made to the Stewards in writing and signed by the complainant. Any complaints shall be reported to the Commission by the stewards, together with a report of the action taken or the recommendation of the Stewards. Complaints against any Stewards shall be made in writing to the executive director of the Commission and signed by the complainant.
Rulings on Admissibility and Evidence. In hearings, the chairperson, chief steward, or other person as may be designated, shall make rulings on admissibility and introduction of evidence. A ruling shall prevail, except when a Commission member or a steward requests a poll of the panel, and the ruling is overturned by majority vote.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-11 General Conduct

Conditions of Meeting Binding Upon Licensees. The Commission, recognizing the necessity for an organization to comply with the requirements of its license and to fulfill its obligation to the public and the state with the best possible uninterrupted services in the comparatively short licensed period, provides that organizations, officials, horsemen, owners, trainers, jockeys, grooms, farriers, organization employees, and licensees who have accepted, directly or indirectly, with reasonable advance notice, the conditions defined by this rule under which an organization engages and plans to conduct a race meeting, shall be bound thereby.
Trainer Responsibility. The trainer is presumed to know the "Rules of Racing" and is responsible for the condition, soundness, and eligibility of the horses they enter in a race. Should the chemical analysis, urine or otherwise, taken from a horse under their supervision show the presence of any drug or medication of any kind or substance, whether drug or otherwise, regardless of the time it may have been administered, it shall be taken as prima facie evidence that the drug was administered by or with the knowledge of the trainer or persons under their supervision having care or custody of the horse. At the discretion of the Stewards or Commission, the trainer and any other persons shown to have had care or custody of the horse may be fined or suspended or both. Under this rule, the trainer is also responsible for any puncture mark on any horse they enter in a race, found by the Stewards upon recommendation of the Official Veterinarian to evidence injection by syringe. If the trainer cannot be present on race day, they shall designate an assistant trainer. Designation shall be made before time of entry, unless otherwise approved by the stewards. Failure to fully disclose the actual trainer of a horse participating in an approved race shall be grounds to disqualify the horse, and subject the actual trainer to possible disciplinary action by the stewards or the Commission. Designation of an assistant trainer may not relieve the trainer's absolute responsibility for the conditions and eligibility of the horse, but shall place the assistant trainer under absolute responsibility also. Willful failure by the trainer to be present at, or refusal to allow the taking of any specimen, or any act or threat to prevent or otherwise interfere shall be cause for disqualification of the horse involved; and the matter shall be referred to the Stewards for further action.
Altering Sex of Horse. Any alteration to the sex of a horse from the sex as recorded on the Certificate of Foal Registration or other official registration Certificate of the horse shall be immediately reported by the trainer to the racing secretary and the official horse identifier if the horse is registered to race at any race meeting.
Official Workouts and Schooling Races. No trainer shall permit a horse in their charge to be taken on to the track for training or a workout except during hours designated by the organization. A trainer desiring to engage a horse in a workout or schooling race shall, before the workout or race, identify the horse by registered name and tattoo number when requested to do so by the Stewards or their authorized representative.
Intoxication. No licensee, employee of the organization or its concessionaires, shall be under the influence of intoxicating liquor, the combined influence of intoxicating liquor and any controlled dangerous substance, or under the influence of any narcotic or other drug while within the enclosure. A person may not in any manner or at any time disturb the peace or make themselves obnoxious on the enclosure of an organization.
Firearms. A person may not have any firearm within the enclosure unless they are a fully qualified peace officer as defined in the laws of Utah, or is acting in accordance with Title 53, Chapter 5, Part 7, Concealed Weapons Act and Title 76, Chapter 10, Part 5, Weapons. A person carrying a concealed weapon may be asked to show a valid, current concealed weapons permit before being allowed to enter the facility.
Financial Responsibility. No licensee shall willfully and deliberately fail or refuse to pay any monies when due for any service, supplies or fees connected with their operations as a licensee, nor shall they falsely deny any amount due or the validity of the complaint with the purpose of hindering or delaying or defrauding the person to whom such indebtedness is due. A Commission authorized license may be suspended pending settlement of the financial obligation. Any financial responsibility complaint against a licensee shall be in writing, signed by the complainant, and accompanied by documentation of the services, supplies or fees alleged to be due, or by a judgment from a court.
Checks. No licensee shall write, issue, make, or present a bad check in payment for any license fee, fine, nomination or entry fee or other fees, or for any service or supplies. The fact that a check is returned to the payee by the bank as refused is a ground for suspension pending satisfactory redemption of the returned check.
Gratuity to Starter or Assistant Starter. A person may not offer or give money or other gratuity to any starter or assistant starter, nor shall any starter or assistant starter receive money or other compensation, gratuity or reward, in connection with the running of any race or races except compensation received from an organization for official duties.
Possession of Contraband. A person other than a veterinarian or an animal technician licensed by the Commission may not have in their possession within the enclosure during sanctioned meetings any prohibited substance, or any hypodermic syringe or hypodermic needle or similar instrument which may be used for injection except as provided in Subsection R52-7- 8(1). A person may not have in their possession within the enclosure during any recognized meeting any device other than the ordinary whip which can be used to stimulating or depressing the horse or affecting its speed at any time. The stewards may permit the possession of drugs or appliances by a licensee for personal medical needs under such conditions as the stewards may impose.
Bribes. A person may not give, or offer or promise to give, or try to give or offer any money, bribe, or thing of value to any owner, trainer, jockey, agent, or any other person participating in the conduct of a race meeting in any capacity, with the intention, understanding, or agreement that the owner, trainer, jockey, agent or other person may not use their best efforts to win a race or so conduct themselves in a race that any other participant in a race shall be assisted or enabled to win a race; nor shall any trainer, jockey, owner, agent, or other person participating at any race meeting accept, offer to accept, or agree to accept any money, bribe, or thing of value with the intention, understanding, or agreement that they will not use their best efforts to win a race or to so conduct themselves so that any other horse or horses entered in a race shall be assisted or enabled to win the race.
Trainer's Duty to Ensure Licensed Participation. No trainer shall have in their custody within the enclosure of any race meeting any horse owned in whole or in part by any person who is not licensed as a horse owner by the Commission unless the owner has filed an application for license as a horse owner with the Commission and the same is pending before the Commission; nor shall any trainer have in their employ within the enclosure any groom, stable employee, stable agent, or other person required to be licensed, unless such person has a valid license. Any changes of commissioned licensed personnel shall be reported immediately to the Commission.
Conduct Detrimental to Horse Racing. No licensee shall engage in any conduct prohibited by law and by the rules of the Commission, nor shall any licensee engage in any conduct which by its nature is unsportsmanlike or detrimental to the best interest of horse racing.
Denial of Access to Private Property. Nothing contained in this rule shall be deemed, expressly or implicitly, to prevent an organization from exercising the right to deny access to or to remove any person from the organization's premises or property for just cause.
Tricks or Schemes. A person may not falsify, conceal, or cover up by trick, scheme, or device a material fact; or make any false, fictitious, or fraudulent statements or representations; or make or use any false writing or document knowing they contain any false, fictitious, or fraudulent statement or entry regarding the earlier racing record, pedigree, identity, or ownership of a registered animal in any matter related to the breeding, buying, selling, or racing of the animal.
Prearranging the Outcome of a Race. A licensed or unlicensed person may not try or conspire to prearrange the outcome of a race.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-12 Fire Prevention and Security

Security Control. Each organization conducting a race meeting shall maintain security controls over its premises, and security controls are subject to the approval of the Commission.
Identification Required. A person may not be admitted to a restricted area within the enclosure without a license, visitor's pass, or other identification issued by the Commission or the organization on their person. When deemed advisable, the Stewards or the organization may require the visible display of the identification as a badge. A person may not use the license or credential issued to another, nor shall any person give or loan their license or credential to any other person.
Organization Credentials. The racing organization shall establish a system or method of issuing credentials or passes to restrict access to its restricted areas or to ensure that all participants at its meeting are licensed as required by this rule; except that no system or methods may exclude any investigator or employee of the Commission or any peace officer when on duty; nor shall any person be excluded solely on the basis of sex, color, creed, or national origin or ancestry.
Organization to Prevent Unauthorized Access to Restricted Areas. Unless granted exemption by the Commission, each organization shall prevent access to and shall remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in the restricted area is unauthorized. Nothing in this rule shall be construed to exclude members of the Commission and any staff members of the Commission in the conduct of official duties.
Examination of Personal Effects. The Commission, its authorized officers or agents may enter the stables, rooms, or other places within the premises of a recognized meeting to inspect and examine the personal effects and property of any licensee or other person in or about or permitted access to any restricted area; and each licensee in accepting their license, and each person entering such restricted area, does thereby consent thereto.
Obedience to Security Officers and Public Safety Officers. A licensee may not willfully ignore or refuse to obey any order issued by the stewards; the Commission; any security officer of the organization; any public officer of any police, fire, or law enforcement agency when an order is issued or given in the performance of duty to control any hazardous situation or occurrence. A person may not interfere with public safety officers, security officers, or any racing official in the performance of their duties.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

Utah Admin. Code R52-7-13 Prohibited Practices

A person may not have or use a drug, substance, or medication on the premises of a racetrack facility under the jurisdiction of the Commission if:

A. a recognized analytical method has not been developed to detect and confirm the administration of the substance;

B. the use of the substance may endanger the health or welfare of the horse or endanger the safety of the rider;

C. the use of the substance may adversely affect the integrity of racing; or

D. no generally accepted use of the substance in equine care exists.

Prohibited Substances and Methods. The Commission incorporates by reference the Department's 2022 version of the Prohibited Substances Annex I, and the Department's 2024 version of the Utah Horse Racing Commission (UHRC) Controlled Therapeutic Medication Schedule for Horses, which includes a list of prohibited substances and administering methods.

A. The substances and methods listed in the Prohibited List may not be used, and may not be possessed on the premises of a racing or training facility under the jurisdiction of the Commission, except as a restricted therapeutic use.

B. The equipment and supplies necessary for official testing, shall be provided by the organization.

Restricted Therapeutic Use. A limited number of medications on the Prohibited List may be exempted when administration occurs in compliance with required conditions for restricted therapeutic use found in the Department's 2024 version of the Utah Horse Racing Commission Controlled Therapeutic Medication Schedule for Horses incorporated by reference and maintained by the Department.
The possession or use of the following substances or of blood doping agents, including those listed in this section, on the premises of a facility under the jurisdiction of the Commission is forbidden:

A. Aminoimidazole carboxamide ribonucleotide (AICAR);

B. Darbepoetin;

C. Equine Growth Hormone;

D. Erythropoietin;

E. Hemopure, registered trademark;

F. Myo-Inositol Trispyrophosphate (ITPP);

G. Oxyglobin, registered trademark;

H. Thymosin beta; or

I. Venoms or its derivatives.

Other Prohibited Substances. Substances in the categories in this section shall be strictly prohibited unless otherwise provided in accordance with state law or Commission rule including:

A. a pharmacologic substance that is not approved by any governmental regulatory health authority for human or veterinary use within the jurisdiction, including:

a. a drug under pre-clinical or clinical development;

b. a discontinued drug; or

c. a designer drug.

(1) A designer drug is a synthetic analog of a drug that has been altered in a manner that may reduce its detection.

(2) Designer drugs do not include:

i. vitamins, herbs, and supplements used for nutritional purposes that do not contain any other prohibited substance; or

ii. the administration of a substance with the earlier approval of the Commission in a clinical trial for which an FDA or similar exemption has been obtained;

B. anabolic agents and Anabolic Androgenic Steroids (AAS);

C. peptide hormones, growth factors, and related substances including any substance with similar chemical structure or similar biological effects;

D. beta-2 agonists, including optical isomers, including d- and l-, where relevant;

E. hormone and metabolic modulators; or

F. diuretics and other masking agents, including substances with similar chemical structure or similar biological effects.

Prohibited methods of manipulation of blood and blood components include:

A. the administration or reintroduction of any quantity of autologous, allogenic, or heterologous blood or red blood cell products of any origin into the circulatory system;

B. artificially enhancing the uptake, transport, or delivery of oxygen, including perfluorochemicals, efaproxiral (RSR13), and modified hemoglobin products, hemoglobin-based blood substitutes, microencapsulated hemoglobin products, excluding supplemental oxygen; or

C. tampering, or attempting to tamper, to alter the integrity and validity of samples collected by authority of the Commission. Tampering methods include blood serum or urine substitution or adulteration, such as proteases.

Any reference to substances in Section R52-7-13 does not alter the requirements for testing concentrations in race day samples or the requirements of post-race testing.

A. If laboratory testing detects any prohibited substance identified by this rule, the finding shall be reported as a violation. Upon a finding of violation, the horse shall be disqualified, and the owner of the horse may not participate in any portion of the purse, stakes, trophy, or any other award.

B. Any purse, stakes, trophy, or award shall be returned if it was presented to the owner of the horse, upon the finding of a violation of this section.

C. Any positive test for a prohibited drug, medication, or substance, including permitted medication in excess of the maximum allowable concentration, as reported by a Commission-approved laboratory, is prima facie evidence of a violation of this rule.

D. It is presumed that any sample or accepted specimen tested by an approved laboratory is from the horse in question. With regard to an accepted sample, it is also presumed that:

a. the integrity of the sample is preserved;

b. any procedures, collection, preservation, and analysis of the sample are correct and accurate; and

c. it is the burden of the owner, trainer, assistant trainer, or other responsible party to prove by substantial evidence to the contrary in the matter to the administrative stewards or at the Commission hearing.

Penalties. Upon finding a violation of these medications and prohibited substances rules, the Stewards shall:

A. consider the classification level of the violation as listed when in the Uniform Classification Guidelines of Foreign Substances, as promulgated in the following penalty matrices maintained by the Department that are incorporated by reference: the Department's 2024 version of the Recommended Penalties for Doping or Equine Endangerment Violations, and 2019-08 Recommended Penalties by Substances;

B. impose penalties and disciplinary measures consistent with the recommendations contained therein; and

C. consult with the Official Veterinarian to determine if the violation was a result of the administration of a therapeutic medication as documented in a veterinarian's Medication Report Form received, pursuant to Subsection R52-7-8(7).

The Stewards may also consult with the laboratory director or other individuals to determine the seriousness of the laboratory finding or the medication violation. Penalties for medication and drug violations shall be investigated and reviewed on a case-by-case basis. Extenuating factors the Stewards may consider in determining penalties include:

A. the past record of the trainer, veterinarian, and owner in drug cases;

B. the potential of the drug to influence a horse's racing performance;

C. the legal availability of the drug;

D. whether the responsible party knew or should have known of the administration of the drug, or intentionally administered the drug;

E. the steps taken by the trainer to safeguard the horse;

F. the purse of the race; and

G. whether the licensed trainer was acting on the advice of a licensed veterinarian.

As a result of an investigation, there may be mitigating circumstances for which a lesser or no penalty is appropriate for the licensee, or aggravating factors that may increase the penalty beyond the minimum.

History

KEY: horses, horse racing
Date of Last Change: January 21, 2025
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-38-103

R58 Animal Industry

R58-1 Admission, Identification, and Inspection of Livestock, Poultry, and Other Animals

Utah Admin. Code R58-1-1 Authority

(1) Promulgated under the authority of Title 4, Chapter 31, Control of Animal Disease, and Subsections 4-2- 103(1)(c)(i), and 4-2-103(1)(i).

(2) This rule intends to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within Utah and the importation of animals into the state.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-2 Definitions

(1) "Accredited Veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services (VS), Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture (USDA), in accordance with 9 CFR 161 to perform functions required by cooperative state-federal disease control and eradication programs.

(2) "Animal identification number (AIN)" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of 15 digits, with the first three being the country code. The country code is 840 for the United States, or a unique country code may be used for any U.S. territory that has such a code and elects to use it in place of the 840 code.

(3) "Animals" means vertebrates, except humans.

(4) "Approved Livestock Market" means a livestock market that is licensed by the department under Title 4, Chapter 30, Livestock Markets.

(5) "Approved Slaughter Establishment" means a state or federally inspected slaughter establishment at which ante- mortem and postmortem inspection are conducted by state or federal inspectors.

(6) "Brand Inspection Certificate" means an official form, issued by a government agency or other agency responsible for animal identification in the state of origin, used to transfer the title of livestock, listing the identification marks of the animals as well as the consignor and consignee contact information.

(7) "Camelid" means a camel, llama, alpaca, guanaco, and vicuna.

(8) "Captive Cervidae" means a term referring to captive-bred members of the cervid family including caribou, reindeer, elk, and fallow deer, or any other captive-bred cervidae allowed with permission from the State Veterinarian and the Utah Division of Wildlife Resources.

(9) "Certificate of Veterinary Inspection" means an official paper or electronic form completed by an accredited veterinarian that has examined the animal listed on the certificate and has completed any disease testing or vaccinations required.

(10) "Commuter herd" means a herd of cattle or bison moved interstate during normal livestock management operations and without change of ownership directly between two premises, as provided in a commuter herd agreement.

(11) "Commuter herd agreement" means a written agreement between the owner of a herd of cattle or bison and the animal health officials for the states or tribes of origin and destination specifying the conditions required for the interstate movement from one premises to another in the course of normal livestock management operations and specifying the period, up to one year, that the agreement is effective. A commuter herd agreement may be renewed annually.

(12) "Dairy cattle" means any cattle, regardless of age, sex, or current use, that are of a breed used to produce milk or other dairy products for human consumption.

(13) "Department" means the Utah Department of Agriculture and Food.

(14) "Designated Brucellosis surveillance area" means an area within a state designated by the animal health official of that state as an area of increased disease risk for bovine Brucellosis.

(15) "Direct Movement" means the movement of animals without unloading and enroute to their final destination, except for stops of less than 24 hours to feed, water, or rest the animals being moved, and without commingling with another producer's animals.

(16) "Exposed Animal" means an animal that has been in contact with, on the same premises as, or within a quarantine zone where animals with a contagious or communicable disease are present.

(17) "Flock-based number system" means the number system that combines a flock identification number (FIN) with a producer's unique livestock production numbering system to provide a nationally unique identification number for an animal.

(18) "Flock identification number (FIN)" means a nationally unique number assigned by a state, tribal, or federal animal health authority to a group of animals that are managed as a unit on one or more premises and are under the same ownership.

(19) "Gamebird" means any captive raised animal identified as a Pen-Reared Gamebird in Section R657-4-2.

(20) "Group or lot identification number (GIN)" means the identification number used to uniquely identify a "unit of animals" of the same species that are managed together as one group throughout the preharvest production chain.

(21) "Import Permit" means a number given by the department to the issuing veterinarian that is recorded on the Certificate of Veterinary Inspection if required before the movement of the animals into the state.

(22) "Interstate movement" means the movement of animals from one state into or through any other state.

(23) "National Uniform Eartagging System (NUES)" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal.

(24) "Official calfhood vaccinate" means female bison or cattle vaccinated by a USDA Veterinary Services representative, state certified technician, or accredited veterinarian with an approved dose of RB51 vaccine or other USDA approved agent while from 4 to 12 months of age in accordance with its labeling. These cattle shall be properly identified by official tattoos and ear tags or registration tattoos.

(25) "Official ear tag" means an identification tag approved by the department that bears an official identification number for individual animals. The official ear tag shall be tamper-resistant and have a high retention rate in the animal.

(26) "Official identification device or method" means a means approved by the department of applying an official identification number to an animal of a specific species or associating an official identification number with an animal or group of animals of a specific species or otherwise officially identifying an animal or group of animals.

(27) "Official identification number" means a nationally unique number that is permanently associated with an animal or group of animals.

(28) "Officially identified" means identified using an official identification device or method approved by the department.

(29) "Poultry" means domestic fowl including chickens, turkeys, guinea fowl, peafowl, pigeons, and ratites or other captive-bred birds not listed in Section R657-4-2 that are bred for the primary purposes of producing eggs or meat whether kept for production or exhibition.

(30) "Premises identification number (PIN)" means a nationally unique number assigned by a state, tribal, or federal animal health authority to a premise that are, in the judgment of the state, tribal, or federal animal health authority a geographically distinct location from other premises.

(31) "Qualified feedlot" means a feedlot approved by the department to handle cattle confined to a dry lot area that is used to upgrade or finish feeding animals going only to slaughter or another qualified feedlot. Animals shall be kept separate from other animals not destined for slaughter.

(32) "Quarantine" means a verbal or written restriction of movement of animals into or out of an area or premise, issued by a state animal health official.

(33) "Reactor" means any animal that has been determined by an epidemiologist to be infected with Brucellosis or Tuberculosis based on test results, herd or flock history, or culture results.

(34) "Suspect" means any animal that may be infected with a contagious, infectious, or communicable disease based on test results or herd or flock history but not confirmed by official laboratory tests.

(35) "Travel permit" means a permit issued by the department for show horses and mules instead of a brand inspection certificate. Travel permits do not exempt horses from health requirements as described in Section R58-1-6.

(36) "United States Department of Agriculture (USDA) approved backtag" means a backtag issued by APHIS that provides a temporary unique identification for each animal.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-3 Official Identification Devices and Methods

(1) Any state, tribe, accredited veterinarian, or other person or entity who distributes official identification devices shall maintain a record of the names and addresses of anyone to whom the devices were distributed for five years.

(2) An official identification number is a nationally unique number that is permanently associated with an animal or group of animals, and that adheres to one of the following systems:

(a) National Uniform Eartagging System (NUES);

(b) animal identification number (AIN);

(d) flock-based number system; or

(e) any other numbering system approved by the animal health official of the state of origin for the official identification of animals.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-4 Interstate Importation Standards

(1) No animal, poultry, or bird of any species or other animal, including wildlife, that is known to be affected with or has been exposed to a contagious, infectious, or communicable disease, or that originates from a quarantined area, shall be shipped, transported, or moved into the state until written permission for entry is first obtained from the State Veterinarian. Failure to obtain written permission may result in a citation.

(2) A copy of the Certificate of Veterinary Inspection shall be immediately forwarded to the department by the issuing veterinarian or the animal health official of the state of origin within seven calendar days from the date on which the Certificate of Veterinary Inspection is issued.

(3) Import permits may be obtained by telephone by the accredited veterinarian responsible for issuing a Certificate of Veterinary Inspection.

(4) Import permits are required for the following movements:

(a) exotic animals and wildlife, captive Cervidae, and aquatic animals:

(b) animals under regulatory oversight for disease or infected with or exposed to a reportable disease;

(d) approved variances to import requirements;

(e) international shipments; or

(f) commuter permits.

(5) Certificates of Veterinary Inspection are considered valid for 30 days from the inspection date.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-5 Cattle and Bison

(1) A Certificate of Veterinary Inspection shall accompany any cattle and bison imported into the state.

(a) Cattle consigned by the direct movement to an approved slaughter establishment or a federally approved auction market do not require a Certificate of Veterinary Inspection.

(2) Cattle and bison are required to be individually identified for interstate movement.

(a) Individual identification means:

(i) An official ear tag (RFID or metal NUES tag);

(ii) Brands registered with a recognized brand inspection authority and accompanied by an official brand inspection certificate, when agreed to by participating states;

(A) Animals with a brand and accompanied by official brand inspection certificates shall be individually identified but may be moved without listing the individual IDs on the Certificate of Veterinary Inspection.

(B) The official list of IDs shall be made available to the State Veterinarian upon request.

(iii) tattoos and other identification methods acceptable to a breed association for registration purposes, accompanied by a breed registration certificate when agreed to by participating states; or

(iv) group or lot identification when a group or lot identification number (GIN) may be used.

(b) international imports of cattle and bison to Utah shall meet federal import requirements for identification.

(3) Import permits may be required by Subsection R58-1-4(4).

(4) A brand inspection certificate or proof of ownership that indicates the intended destination is required for cattle entering the state.

(5) Commuter cattle may enter Utah or return to Utah after grazing if the following conditions are met.

(a) A commuter permit approved by both states shall be obtained before movement into Utah. This will allow movements for grazing for the current season if the following conditions are met:

(i) cattle shall meet testing requirements specified on the commuter permit application;

(ii) commuter cattle shall not be mixed with quarantined cattle, cattle of unknown or positive trichomoniasis status, nor change ownership during the grazing period; and

(iii) bulls used in the commuter herd shall be tested annually for trichomoniasis as required by Rule R58-21.

(6) Before the importation of cattle or bison into Utah, the following health restrictions shall be met:

(a) Female bison and cattle over four months of age shall be officially calfhood vaccinated for Brucellosis with legible tattoos or tested negative for Brucella abortus within 30 days before entering Utah, unless:

(i) going directly to slaughter;

(ii) going to a qualified feedlot to be sold for slaughter; or

(iii) going to an approved auction market to be sold for slaughter or testing and vaccination in accordance with Subsection R58-7-3(B)(5).

(b) No reactor cattle or bison or cattle or bison from herds under quarantine for Brucellosis will be allowed to enter the state except when consigned to an approved slaughter establishment. An import permit and a Veterinary Services Form 1-27 before shipment are also required.

(c) A negative Tuberculosis test is required within 60 days before shipment for any dairy cattle two months of age and older and bison six months of age and older.

(d) Cattle originating within a quarantined area, from a reactor or exposed herds, or from a site that is not classified as Tuberculosis free are required to be tested for tuberculosis within 60 days before entry to Utah unless moving directly to an approved slaughter establishment for immediate slaughter.

(e) Rodeo bulls and roping steers shall be tested for tuberculosis within 12 months before entry to Utah.

(f) No cattle infested with or exposed to scabies shall be moved into Utah. Cattle from a county where scabies has been diagnosed during the past 12 months shall be officially treated within ten days before shipment into Utah. The treatment date and products used shall be shown on the Certificate of Veterinary Inspection.

(g) Any bulls imported to Utah shall follow the trichomoniasis rule found in Section R58-21-5.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-6 Horses, Mules, Donkeys, and Other Equidae

(1) Equidae may be imported into Utah when accompanied by an official Certificate of Veterinary Inspection or an electronic Extended Equine Certificate of Veterinary Inspection created by a platform approved by the department.

(2) Equines shall be accompanied by a brand inspection or proof of ownership and be officially identified by 9 CFR 86.

(3) Equines shall be tested for Equine Infectious Anemia (EIA) via AGID or ELISA test within one year before entry to Utah. A nursing foal less than six months old accompanied by its EIA negative dam is exempt from the test requirements.

(4) Utah horses returning to Utah as part of a commuter livestock shipment are exempted from the Certificate of Veterinary Inspection requirements; however, a brand inspection or valid Utah horse travel permit as outlined under Section 4- 24-405 or Section 4-24-406 and a negative EIA test within one year are required.

(5) Any stallions used for breeding that enter Utah or stallions whose semen will be shipped to Utah shall be tested for Equine Viral Arteritis (EVA) by an accredited veterinarian within 30 days before entry.

(a) Stallions that have proof of negative EVA status before vaccination and evidence of subsequent annual vaccination are exempt from this requirement.

(b) The EVA test or vaccination status shall be recorded on the Certificate of Veterinary Inspection.

(c) No EVA carrier stallion used for breeding purposes or semen from an EVA carrier stallion shall be permitted to enter Utah without an import permit from the State Veterinarian.

(d) EVA Carrier Stallions imported for breeding purposes into Utah shall be taken directly to an approved facility and shall remain in the facility until permission from the State Veterinarian is obtained to move the animal to another approved facility.

(e) Semen from an EVA Carrier Stallion imported into Utah shall be shipped directly to an approved facility and shall remain in the facility until inseminated, transported to another approved facility, or disposed of.

(6) Any quarter horses imported for racing purposes shall be tested for piroplasmosis within 30 days before entry.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-7 Swine

(1) Swine may be shipped into the state if the following requirements are met:

(a) Swine shall be accompanied by an approved Certificate of Veterinary Inspection stating they have not been fed raw garbage.

(b) Swine shall have individual official identification such as an RFID or NUES tag. Ear notches or tattoos are only allowed if registered with a purebred association.

(c) Breeding and exhibition swine over the age of three months shipped into Utah that do not originate from a swine Brucellosis free state shall be tested negative for Brucellosis within 30 days before movement into the state.

(i) Swine from states with serious disease occurrences or known populations of feral or wild hogs may be required to be tested for Brucellosis before entry to Utah.

(d) Breeding, feeding, and exhibition swine shall be tested negative for Pseudorabies within 30 days unless they originate from a recognized qualified Pseudorabies free herd or Pseudorabies Stage V state.

(i) Swine vaccinated with any Pseudorabies vaccine shall not enter the state.

(ii) Swine infected or exposed to Pseudorabies may not enter the state, except swine consigned to a slaughterhouse for immediate slaughter that shall be moved in compliance with 9 CFR 71, which is incorporated by reference.

(2) Prohibition of Non-domestic and Non-native Suidae and Tayassuidae and their hybrids.

(a) Javelina or peccary, and feral or wild hogs such as Eurasian or Russian wild hogs (sus scrofa) are considered invasive species in Utah, capable of establishing wild reservoirs of diseases such as Brucellosis and Pseudorabies.

(b) These animals and their hybrids are prohibited from entry to Utah except when approved by the State Veterinarian and only for purposes of exhibition and after meeting the testing requirements listed in this rule.

(c) Any person who imports javelina, peccary, or feral or wild hogs such as Eurasian or Russian wild hogs (sus scrofa) into Utah without prior approval by the department shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-8 Sheep, Goats, and Camelids

(1) Sheep, goats, and camelids imported into Utah shall be accompanied by a Certificate of Veterinary Inspection unless imported directly to an approved slaughter establishment.

(2) Scrapie.

(a) Sheep and goats entering Utah shall comply with federal Scrapie identification requirements as listed in 9 CFR 79

(b) Sheep and goats from Scrapie infected, exposed, quarantined, or source flocks are not permitted to enter the state.

(3) No sheep exhibiting clinical signs of bluetongue may enter Utah.

(4) Breeding rams six months of age or older shall test negative for Brucella ovis within 30 days of entry or originate from a certified Brucella ovis free flock.

(5) Dairy goats over six months of age used for milk production shall be tested for tuberculosis within 60 days before import.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-9 Poultry and Gamebirds

(1) Poultry, gamebirds, and hatching eggs imported into Utah shall be accompanied by a Certificate of Veterinary Inspection or a National Poultry Improvement Plan VS Form 9-3.

(2) Poultry, gamebirds, and hatching eggs shall originate from flocks or hatcheries that are National Poultry Improvement Plan (NPIP) certified for both Pullorum-Typhoid and Avian Influenza by their official state agency, or tested negative for Pullorum-Typhoid and Avian Influenza within the 30 days before entry.

(3) Gamebirds imported for release shall meet the health requirements for release from the Division of Wildlife Resources found in Rule R657-4.

(4) Poultry and gamebirds shall be identified by one of the following methods when required:

(a) Sealed and numbered leg bands; or

(b) Group or lot identification when a group or lot identification number (GIN) may be used.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-10 Psittacine and Passerine Birds and Raptors

(1) No psittacine or passerine birds or raptors shall be shipped into Utah unless an official Certificate of Veterinary Inspection accompanies the birds.

(2) The number and kinds of birds to be shipped into Utah, their origin, date to be shipped, and destination shall be listed on the Certificate of Veterinary Inspection.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-11 Dogs, Cats, and Ferrets

(1) Dogs, cats, and ferrets shall be currently vaccinated against rabies before entering Utah. The owner or shipper shall carry rabies vaccination proof, which shall be provided to the department upon request.

(2) Animals undergoing treatment for contagious disease require a Certificate of Veterinary Inspection and an import permit.

(3) No puppies or kittens less than eight weeks of age shall be imported into the state unless accompanied by the mother.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-12 Captive Cervidae

(1) Captive elk entering Utah shall:

(a) meet the health and genetic purity requirements specified in Sections R58-18-11 and R58-18-7: and

(b) be imported to premises licensed with the department.

(2) Any caribou (reindeer) entering Utah shall meet the following requirements:

(a) come from a state or province with a USDA approved herd certification program;

(b) originate from a herd that is not affected with or is a traceback or forward herd for Chronic Wasting Disease (CWD);

(c) originate from a herd that has participated in a National CWD Herd Certification program for at least 60 months and has received Certified CWD free status from the state or province of origin before movement; and

(d) each other requirement of this subsection.

(3) Any captive cervidae entering Utah shall:

(a) have a Certificate of Registration (COR) issued by the Utah Division of Wildlife Resources;

(b) be permanently identified using an RFID tag;

(d) have an import application approved by the department; and

(e) have an official Certificate of Veterinary Inspection showing the following:

(i) if the cervidae is from the United States, they shall have a negative tuberculosis test (DPP or single cervical tuberculin) within 60 days of import and shall come from an accredited tuberculosis- free state or zone;

(ii) if the cervidae is from Canada, they shall be sourced from a herd officially recognized as free of Tuberculosis and Brucellosis according to the CFIA Captive Ungulate Program and shall have a negative Tuberculosis test within 60 days of import with the mid-cervical test;

(iii) cervidae from the United States shall have a negative Brucella abortus test within 30 days of import and shall come from an accredited Brucellosis free state or zone. Cervidae coming from Brucellosis certified-free herds are exempted from the testing requirement;

(iv) any cervidae six months of age or older originating from outside of the United States shall have negative Brucella abortus test results from a single sample that has been tested by two USDA approved tests; and

(v) a statement that the animals listed on the certificate are not known to be infected with Johne's Disease (Paratuberculosis) or Malignant Catarrhal Fever.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-13 Exotic Animals and Wildlife

(1) It is unlawful for any person to import into the state any species of animal that is prohibited from importation or possession as listed in Rule R657-3.

(2) Animals that require a Certificate of Registration from the Division of Wildlife Resources for possession shall be accompanied by a Certificate of Veterinary Inspection and receive an import permit from the department.

(3) Aquatic animals, including fish, mollusks, crustaceans, or amphibians, shall fulfill the requirements of Rule R58-17 before importation into the state.

(4) Mink entering Utah shall have originated on ranches where mink viral enteritis has not been diagnosed or exposed to within the past three years. Mink shall not be imported from a facility with a diagnosis of SARS-CoV-2 within 30 days of signs of illness.

(5) Rabbits entering Utah shall have an import permit or be vaccinated for RHDV2.

(6) Movement of animals to be kept in zoological gardens or shown at exhibitions shall also follow the Federal Animal Welfare Act, 7 USC 2131-2159.

(7) Any imports of species susceptible to reportable diseases shall meet the same testing requirements as required for the importation of domestic animals.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

Utah Admin. Code R58-1-14 Duties of Carriers

(1) Owners and operators of railroads, trucks, airplanes, and other conveyances are forbidden to move any livestock, poultry, or other animals into or within the state or through the state except in compliance with this rule.

(2) Sanitation. Any railway cars, trucks, airplanes, and other conveyances used in transporting livestock, poultry, or other animals shall be maintained in a clean, sanitary condition.

(3) Movement of Infected Animals. Owners and operators of railway cars, trucks, airplanes, and other conveyances that have been used for the movement of any livestock, poultry, or other animals infected with or exposed to any infectious, contagious, or communicable disease as determined by the department, shall be required to have cars, trucks, airplanes, and other conveyances thoroughly cleaned and disinfected under official supervision before further use is permissible for the transportation of livestock, poultry, or other animals.

(4) Compliance with Laws and Rules. Owners and operators of railroads, trucks, airplanes, or other conveyances used for the transportation of livestock, poultry, or other animals are responsible for seeing that each consignment is prepared for shipment in keeping with state and federal laws and regulations. Certificates of Veterinary Inspection, brand certificates, and permits should be attached to the waybill accompanying the attendant in charge of the animals.

History

KEY: disease control, import requirements
Date of Last Change: April 13, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31; 4-2-103(1)(i)

R58-2 Diseases, Inspections, and Quarantines

Utah Admin. Code R58-2-1 Authority

Promulgated under the authority of Sections 4-31-109, 4-31-118, and Subsections 4-2-103(1)(c)(ii) and 4-2-103(1)(i).

History

KEY: quarantines
Date of Last Change: September 23, 2024
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118; 4-2-103(1)(c)(ii); 4-2-103(1)(i)

Utah Admin. Code R58-2-2 Definitions

(1) "Animal exhibition" means an event where animals congregate for exhibition and judging.

(2) "Animals" means vertebrates, except humans.

(3) "Garbage" means the same as defined in the June 2024 version of the 9 CFR Part 166, Swine Health Protection.

(4) "Plate waste" means uneaten food from an establishment or institution that serves food.

(5) "Terminal show" means a fair or livestock judging exhibition with designated species of animals that are declared "at risk animals" and at the end of the event must be transported directly to slaughter.

History

KEY: quarantines
Date of Last Change: September 23, 2024
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118; 4-2-103(1)(c)(ii); 4-2-103(1)(i)

Utah Admin. Code R58-2-3 Reportable and Quarantinable Animal Diseases

(1)(a) Veterinary diagnostic laboratories, veterinary practitioners, livestock inspectors, and livestock owners shall immediately report any diseases or conditions listed on the Utah List of Reportable Conditions for Animals to the State Veterinarian.

(i) This list is available on the department website.

(ii) Reports can be made by phone, in writing, or using the Online Reportable Disease Form on the website.

(b) Any person or livestock market selling an animal affected by a disease or condition listed on the Utah List of Reportable Conditions for Animals shall disclose that information in writing to the buyer of the animal. Individuals who sell animals under a hold order or written quarantine shall comply with Subsection R58-2-3(5)(c).

(2) Any swine moving within Utah shall be identifiable to determine the farm of origin as per 9 CFR 71.19, October 31, 2022 version.

(3) Any sheep and goats moving within Utah shall comply with federal Scrapie identification requirements as listed in 9 CFR Part 79, July 1, 2024, version, requiring official identification to determine the farm of origin.

(a) Sheep and goats from Scrapie infected, exposed, quarantined, or source flocks are not permitted to move into or within the state, except to slaughter, unless a flock eradication and control plan, approved by the State Veterinarian has been implemented in the flock where the diseased animal resides.

(b) Any live scrapie-positive, suspect, or high-risk sheep or goat of any age and any sexually intact exposed sheep or goat of more than one year of age shall be required to possess official individual identification as listed in 9 CFR Part 79, July 1, 2024, version.

(4) The department may issue quarantines on any:

(a) animal infected with diseases listed on the Utah List of Reportable Conditions for Animals or any other contagious or infectious disease or any epidemic or poisoning that is determined to be a threat to other animals or humans;

(b) animal that it believes may jeopardize the health of other animals or humans; or

(5)(a) The department shall issue an official quarantine notice to owners or caretakers of animals affected with or exposed to infectious, contagious, or communicable diseases by serving the notice in person or by registered mail to the owner or caretaker's last known address.

(b) The department may place a verbal hold order on a facility as an immediate control measure until an official notice of quarantine is issued.

(c) During the period of quarantine, the owner or caretaker of the quarantine animals may not move any animals, animal products, or equipment from or onto the quarantined premises without a written permit from the department, that may require additional control measures.

(d) Quarantines shall be released upon compliance with Section 4-31-115, the May 9, 2024, version of the 9 CFR 71.2, and other applicable state and federal laws.

(6)(a) A person may feed garbage or plate waste to a swine that is raised, held, or sold in this state if the swine is slaughtered for home use.

(b) Swine that have been fed garbage or plate waste and are not intended to be slaughtered for home use shall be quarantined for three weeks before slaughter and tested for disease during the quarantine period.

History

KEY: quarantines
Date of Last Change: September 23, 2024
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118; 4-2-103(1)(c)(ii); 4-2-103(1)(i)

Utah Admin. Code R58-2-4 Disease Control at Animal Exhibitions and Livestock Auctions

To reduce the potential spread of disease from animal exhibitions and livestock auctions the department may:

(1) require an animal exhibition to be a terminal show for designated species coming to the event when the department is aware that a disease risk exists in that local area or the state;

(2) give each county the authority to designate a terminal show for any animal exhibition or fair being held within the county;

(3) give the specific show that is a member of the Junior Livestock Show Association the authority to designate a terminal show; or

(4) restrict movement of livestock and horses into and out of a livestock auction or temporary livestock sale when the department is aware of a disease risk in that local area or the state.

History

KEY: quarantines
Date of Last Change: September 23, 2024
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118; 4-2-103(1)(c)(ii); 4-2-103(1)(i)

R58-3 Brucellosis Vaccination Requirements

Utah Admin. Code R58-3-1 Authority

(1) Promulgated under the authority of Section 4-31-109 and Subsections 4-2-103(1)(c)(i) and 4-2-103(1)(j).

(2) This rule intends to state the Brucellosis vaccination requirements for cattle and bison in Utah.

History

KEY: brucellosis, vaccination, cattle, bison
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-2-103(1)(c)(i); 4-2-103(1)(j)

Utah Admin. Code R58-3-2 Definitions

(1) "Accredited veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services (VS), Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture (USDA), in accordance with the provisions of 9 CFR 161 to perform functions required by cooperative state-federal disease control and eradication programs.

(2) "Bison" means a bovine-like animal, genus Bison, commonly referred to as American buffalo or buffalo.

(3) "Brucellosis technician" means an individual approved and trained by the State Veterinarian or designee to administer the Brucella abortus vaccine and appropriately identify the animal.

(4) "Cattle" means domestic bovine, genus Bos.

(5) "Official USDA vaccination tag" means a USDA approved official identification eartag, metal or RFID, that provides a unique identification for each individual animal.

(6) "RFID" means a radio frequency identification device used for individual identification of livestock.

History

KEY: brucellosis, vaccination, cattle, bison
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-2-103(1)(c)(i); 4-2-103(1)(j)

Utah Admin. Code R58-3-3 Utah Cattle and Bison Vaccination Requirements

(1) Any Utah cattle and bison heifers intended for replacement breeding animals shall be vaccinated against Brucella abortus.

(2) Vaccination of cattle and bison heifer calves shall be administered by an accredited veterinarian or by a Utah Department of Agriculture and Food contracted Brucellosis technician.

(3) Any cattle and bison heifers shall be vaccinated with strain RB-51 administered between 4 and 12 months of age. These heifers shall be properly identified by official tattoos and ear tag, either an official USDA vaccination tag or an official USDA RFID tag, and shall be reported on an official vaccination certificate, VS Form 4-24, within 30 days to the State Veterinarian.

(4) Cattle and bison heifers not intended for replacement breeding are exempt from the vaccination requirement in Subsection R58-3-3(1).

History

KEY: brucellosis, vaccination, cattle, bison
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-2-103(1)(c)(i); 4-2-103(1)(j)

R58-4 Use of Animal Drugs and Biologicals

Utah Admin. Code R58-4-1 Authority

(1) Promulgated under the authority of Section 4-31-109.

(2) This rule intends to provide the requirements for animal drugs and biologicals in accordance with 9 CFR Parts 101, 102, and 103, January 1, 2006 edition.

History

KEY: disease control
Date of Last Change: May 23, 2023
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118

Utah Admin. Code R58-4-2 Product Permitting

(1) No person, firm, corporation, or other company shall manufacture in this state or transport or introduce into the state, in any manner, any product carrying infective agents of diseases of domestic animals without first being licensed by the United States Department of Agriculture and Food-Animal Plant Health Inspection Service Center for Veterinary Biologics (CVB) and obtaining a written permit from the state veterinarian.

(2) Permitted products shall only be handled and administered by licensed veterinarians or persons authorized by the state veterinarian and by the conditional licensing requirements of CVB.

History

KEY: disease control
Date of Last Change: May 23, 2023
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118

Utah Admin. Code R58-4-3 Registration Requirements

Persons, firms, corporations, or manufacturers, except those licensed within the state, engaged in the distribution or manufacture of animal biologics, including diagnostic tests, that carry infective agents, or inactivated agents, for the diagnosis, prevention, treatment or control of animal disease shall register their names and receive written authorization from the Commissioner.

History

KEY: disease control
Date of Last Change: May 23, 2023
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-31-118

R58-6 Poultry and Captive-Raised Gamebirds

Utah Admin. Code R58-6-1 Authority

Promulgated under the authority of Subsection 4-31-119(1)(a).

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-2 Purpose

This rule establishes procedures to prevent and control disease in poultry and captive-raised gamebirds in Utah.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-3 Definitions

(1) "Avian influenza" means an infection or disease of poultry, gamebirds, and other bird species, caused by influenza type A virus, particularly those of the H5 and H7 subtypes.

(2) "Cleaning and disinfection" means to remove organic debris and treat with a product which is registered by the Environmental Protection Agency as to neutralize pathogens, by the specifications for use as shown on the label of each product.

(3) "Commercial gamebird facility" means a department licensed facility that houses, possesses, or raises more than 1,000 gamebirds per year for longer than 60 days.

(4) "Dealer" means a person who engages in the business of purchasing hatching eggs or live birds, for immediate resale.

(5) "Exposed" means contact with birds, equipment, personnel, supplies, or any article infected with, or contaminated by, communicable avian disease organisms.

(6) "Farmers market" means the same as defined in Section 4-5-102.

(7) "Flock" means any of the poultry or gamebirds on one premises.

(8) "Gamebird" means any captive-raised animal identified as a "Pen-reared Gamebird" in Section R657-4-2.

(9) "Hatchery" means a facility that hatches eggs for commercial sale or provides the service for other operations.

(10) "Infected flock" means a flock in which an authorized laboratory has discovered one or more birds infected with an avian disease.

(11) "License" means a license issued by the department to individuals who commercially produce or sell hatching eggs or live birds.

(12) "Live bird market" means a temporary facility or site where live birds are assembled and held for sale or slaughter, which may include a swap meet, flea market, or farmers market.

(13) "National Poultry Improvement Plan (NPIP)" means a cooperative industry, state, and federal program through which new diagnostic technology can be effectively applied to the improvement of poultry and poultry products.

(14) "Poultry" means:

(a) domesticated fowl, which are bred for the primary purpose of producing eggs or meat, whether kept for production or exhibition, including:

(i) chickens, guineas, and pigeons;

(ii) ratites;

(iii) coturnix quail;

(iv) domestic waterfowl belonging to the order Anseriformes;

(v) non-wild subspecies of turkeys; or

(vi) other captive bred birds not listed in Subsection R657-4-2(2)(k).

(b) "Poultry" does not include the Pen-reared gamebird as defined in Section R657-4-2.

(15) "Public exhibition" means a public show of poultry or gamebirds.

(16) "Pullorum - Typhoid" means a disease of poultry caused by Salmonella.

(17) "Ratite" means an ostrich, emu, rhea, or cassowary.

(18) "Swap meet" or "flea market" means the same as defined in Section 13-32-102.

(19) "Wild subspecies of turkey" means turkeys of the Eastern, Osceola, or Florida, Rio Grande, Merriam, or Gould subspecies.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-4 National Poultry Improvement Plan (NPIP) Participation and Standards

(1) The department as the official state agency for the National Poultry Improvement Plan (NPIP) in Utah, incorporates by reference the following federal regulations and national standards:

(a) Title 9 CFR 145-147, January 1, 2025, edition, which establishes the provisions and procedures for the NPIP; and

(b) the NPIP program standards A-E, 2025 edition, as published by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS).

(2) A copy of the incorporated material is available for public inspection at the Utah Department of Agriculture and Food, 4315 S. 2700 W. Taylorsville, UT 84129, during regular business hours, or access online at the USDA, APHIS, NPIP website.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-5 Importation of Poultry, Gamebirds, or Hatching Eggs

Any person who imports poultry, gamebirds, or hatching eggs into Utah shall meet the requirements in Section R58-1- 9.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-6 Quarantine of Diseased Poultry and Gamebirds

(1)(a) If officials identify any infectious or contagious diseases, the Commissioner or their designated agent may quarantine diseased or exposed poultry or gamebirds and issue a flock plan for disease management.

(b) The flock plan shall describe live bird management, site management, depopulation, disposal, testing, and cleaning and disinfection.

(2) The quarantine shall be in effect until the Commissioner, or their designated agent, withdraws it.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-7 Poultry Dealer License

(1) To effectively control and prevent the spread of disease within poultry populations, the department shall:

(a) require each poultry dealer to obtain a Poultry Dealer license annually; and

(b) exempt an individual selling less than 1,000 hatching eggs or poultry per year.

(2) An applicant shall apply for a poultry dealer license:

(a) for each location they sell poultry;

(b) using a department form; and

(3) A poultry dealer licensee shall:

(a) maintain annual records of all poultry purchases and sales;

(b) keep the area where the birds are housed clean and appropriate for the type and age of poultry;

(d) house poultry to prevent the spread of illness to other birds or people;

(e) provide individuals purchasing birds with written information on handling poultry safely to prevent human illness; and

(f) report any suspected contagious or infectious disease in their poultry to the department immediately.

(4) A poultry dealer licensee may sell gamebirds or wild subspecies of turkeys only if the licensee has written permission from the Division of Wildlife Resources.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-8 Commercial Gamebird Facility License

(1) To prevent the spread of disease among gamebird populations, the department shall:

(a) require any commercial gamebird facility to obtain a license annually;

(b) exempt gamebird facilities that possess or propagate less than 1,000 gamebirds per year from licensure; and

(2) Each applicant for a license shall:

(a) apply on a department-issued form; and

(b) pay the fee per the annual fee schedule.

(3) All licenses expire on June 30 in the year following the year of issuance.

(4) The department shall complete annual inspections and record reviews before re-licensure.

(5) A Commercial Gamebird facility shall maintain NPIP certification as US Pullorum-Typhoid Clean, in accordance with the standards outlined in Section R58-6-4.

(6) Each licensee shall maintain a record of each purchase or sale for three years, including:

(a) the buyer's name;

(b) physical address, if different from the buyer's;

(d) the number and types of eggs or gamebirds; and

(e) documentation that the buyer holds legal authority to possess the birds, which may include:

(i) a license or permit number issued by the Division of Wildlife Resources, or UDAF;

(ii) a bill of sale or receipt; or

(iii) a health certificate from a veterinarian.

(7) Any gamebird released into the wild shall comply with Division of Wildlife Resources Rule R657-4.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

Utah Admin. Code R58-6-9 Standards for Live Bird Markets

To reduce the spread of avian diseases, the department restricts live bird markets to one vendor of birds per location unless the market:

(1) contacts the state veterinarian for prior approval;

(2) demonstrates adequate biosecurity measures that effectively prevent disease spread; and

(3) maintains those measures throughout its operation.

History

KEY: disease control, NPIP, hatchery, poultry, gamebirds, license
Date of Last Change: July 27, 2026
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-31-119

R58-7 Livestock Markets, Satellite Video Livestock Market, Livestock Sales, Dealers, and Livestock Market Weighpersons

Utah Admin. Code R58-7-1 Authority

(1) Promulgated under the authority of Section 4-30-104 and Section 4-2-103.

(2) It is the intent of this rule to provide uniformity and fairness in the marketing of livestock within the state, whether sold through regularly established livestock markets or other types of sales.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-2 Definitions

(1) "Commissioner" means the commissioner of the Utah Department of Agriculture and Food.

(2) "Department" means the Utah Department of Agriculture and Food.

(3) "Livestock" means cattle, swine, equines, sheep, Camelidae, ratites, bison, goats, and domesticated elk, as defined in Section 4-39-102.

(4) "Livestock dealer" means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale.

(5) "Livestock market" means the same as defined in Subsection 4-30-102(2).

(6) "Livestock market licensee" means a person licensed under Section 4-30-105.

(7) "Representative" means a dealer licensed in Utah under Section 4-7-107 who:

(a) is a Utah resident; or

(b) is a representative of, or who in any capacity conducts business with, a livestock market licensed under Section 4- 30-105 and does business with an in state or out of state satellite video livestock market.

(8) "Satellite video livestock market" means a business that conducts or operates, for compensation or profit, as a public market where livestock or other agricultural products are sold or offered for sale using an electronically televised or recorded media presentation that can be exhibited at a public auction.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-3 Livestock Markets

(1) The operator of a livestock market shall maintain the following standards to get, keep, or renew a livestock market license:

(a) follow procedures outlined in Title 4, Chapter 30, Livestock Markets, and any state and federal laws pertaining to livestock health and movement;

(b) keep records on any animals purchased sufficient to enable the department to satisfactorily trace those animals to their herd of origin and destination:

(i) livestock markets shall maintain the identity of ownership of each animal as set forth in Section 424-402, and this rule; and

(ii) shall keep records for at least two years;

(d) ensure a person does not remove tags in trading channels;

(e) permit authorized state or federal inspectors to review each phase of the livestock market operations, including records of the origin and destination of livestock handled by the livestock market;

(f) provide adequate space for pens, alleyways, chutes, and sales ring; and cover sales ring with a leak-proof roof;

(g) construct each pen, alleyway, chute, and sales ring to be safe, easily cleaned, and properly drained in any weather;

(h) maintain the facility in a clean and sanitary manner; and

(i) provide specially designated isolation pens to quarantine animals suspected of having a contagious disease.

(2) Each livestock market licensee shall ensure that livestock sold through livestock markets complies with Utah law and rules, including Rule R58-3 Brucellosis Vaccination Requirements, Rule R58-21 Trichomoniasis, Rule R58-22 Equine Infectious Anemia, and Section R58-2-3 Reportable and Quarantinable Animal Diseases.

(3) Livestock market licensees or veterinarians shall:

(a) report any suspected cases of diseases from the Utah List of Reportable Conditions for Animals to the State Veterinarian; and

(b) not release animals suspected to be infected until the department or its authorized representative approves the movement.

(4) The List of Reportable Conditions is available from the State Veterinarian's office or the department website.

(5) A livestock market licensee shall:

(a) provide the department with a schedule of sale days that the commissioner has not previously approved, giving the beginning hour;

(b) provide and maintain one or more chutes, in addition to the loading chute, at a convenient and usable place in a covered area suitable for restraining, inspecting, examining, testing, tagging, branding, and other treatments and procedures ordinarily required to provide livestock sanitary, healthy, and safe service at markets;

(d) provide specially designated isolation pens to quarantine animals suspected of contagious disease and animals classified as reactors, exposed, suspects, "V" branded, or "S" branded;

(e) limit the sale of restricted animals to a slaughtering establishment where the establishment maintains federal or state inspections or a qualified feedlot approved by the department; and

(f) arrange with an accredited veterinarian to provide services to ensure compliance with state and federal laws for intrastate and interstate movement.

(6) Each livestock market licensee shall adhere to brucellosis testing and vaccination standards for female cattle not sold for slaughter, including :

(a) vaccinating unvaccinated female cattle from four to 12 months of age before leaving the livestock market;

(b) testing unvaccinated female cattle over 12 months of age not going to slaughter for brucellosis and vaccinated if not pregnant before leaving the livestock market;

(d) ensuring that each buyer vaccinates cattle within 30 days after calving; and

(e) ensuring that the testing and vaccination results are reported to the department.

(7) The department may, after due notice to the livestock market licensee involved and opportunity for a hearing, deny an application for a license or suspend or cancel a license when the department is satisfied that the licensee has:

(a) violated state law or rules governing the interstate or intrastate movement, shipment, or transportation of livestock;

(b) made false or misleading statements in their application for licensing, or false or misleading statements as to the health or physical conditions of livestock regarding official test results or status of the herd of origin;

(d) demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule;

(e) failed to comply with any law or rule pertaining to livestock health or movement;

(f) failed to maintain livestock market facilities in a safe, clean, and sanitary manner; or

(g) operated as a livestock market without proper licensing.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-4 Temporary Livestock Sale License

(1) The department requires a temporary livestock sales license for each temporary livestock sale where:

(a) a livestock market licensee offers livestock for public bidding and sale on a yardage, commission, or percentage basis;

(b) a person conducts livestock sales for livestock owned by them, selling livestock on their premises pursuant to Sections R58-7-5 and R58-7-6;

(d) a non-profit breed or livestock association or club conducts a sale.

(2)(a) This rule does not intend to require a bond from non-profit breed or livestock associations or clubs or from liquidation sales if they conduct sales themselves and do not assume any financial responsibility between the seller and the buyer.

(b) If outside or professional management conducts the sales, the department shall require a temporary livestock sales license and either a bond, trust fund agreement or letter of credit.

(c) Sales other than those described in Subsections R58-7-4(2)(a) and R58-7-4(2)(b) may be permissible if approved by the department.

(3) The department may not require a temporary livestock sales license for:

(a) sales conducted by Future Farmers of America or 4H Club groups; or

(b) sales conducted in conjunction with state, county, or private fairs.

(4) Any person conducting a sale that does not require a temporary livestock license shall notify the department ten days before the sale.

(5) The department may impose a late fee for notifications of livestock sales with less than ten days' notice.

(6) A temporary livestock sales license shall be issued when the department:

(a) receives and approves a livestock market license application, payment of the licensing fee included in the fee schedule approved by the Legislature pursuant to Section 63J-1-504; and

(b) where applicable, receives the bond required by the department or in accordance with the Packers and Stockyards Act, 7 U.S.C. Sec. 181 et seq.

(7) A letter of credit or a trust fund agreement approved by the department may replace the bonding requirements.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-5 Dealers

(1)(a) Pursuant to Title 4, Chapter 7, Livestock Dealers' Act, a person may not operate as a livestock dealer in the state without a dealer's license and bond.

(b) If the applicant meets current bonding requirements, the department shall issue a dealer's license after receiving a complete application and payment of the license fee included in the fee schedule approved by the Legislature pursuant to Section 63J-1-504.

(2) The dealer's license shall allow the applicant to operate as a livestock dealer through December 31 of each year.

(3) The department may deny an application for a dealer's license, suspend, or cancel the dealer's license after due notice and opportunity for hearing to the dealer involved if the applicant or dealer has:

(a) violated state law or rules governing the interstate or intrastate movement, shipment, or transportation of livestock;

(b) made false or misleading statements in their application for licensing or false or misleading statements as to the health or physical conditions of livestock regarding official test results or status of the herd of origin;

(d) demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule;

(e) failed to comply with any law or rule pertaining to livestock health or movement; or

(f) operated as a dealer without meeting proper licensing and bonding requirements.

(4) Each dealer shall keep two years of records to trace livestock back to the prior owner under Section 4-7-109.

(5) A dealer shall permit the department or its authorized representative to review each phase of the livestock dealer operations, including records of the origin and destination of livestock handled by the livestock dealer.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-6 Responsibilities of a Bonded and Licensed Weighperson

(1)(a) A Stockyard owner, market agency, or dealer shall employ only competent, licensed, and bonded weighpersons of good character and known integrity to operate scales for weighing livestock to purchase or sell.

(b) The department shall remove any weighperson found to be operating scales incorrectly, carelessly, in violation of instructions, or in a manner as to favor or injure any group or agency through incorrect weighing or incorrect weight recording from weighing duties.

(2)(a) The primary responsibility of a weighperson is to determine and accurately record the weight of a livestock draft without prejudice or favor to any person or agency and without regard for livestock ownership, price condition, fill, shrink, or other considerations.

(b) A weighperson may not permit the representations or attitudes of any persons or agencies to influence their judgment or action in performing their duties.

(3)(a) A weighperson may not leave any unused or partially executed scale tickets without a printed weight value exposed or accessible to unauthorized personnel.

(b) Each weighperson shall keep tickets under lock when the weighperson is not at their duty station.

(4) Accurate weighing and correct weight recording require that a weighperson not permit the operations to be hurried to the extent that inaccurate weights or incorrect weight records may result.

(5) A weighperson shall:

(a) weigh each draft of livestock accurately by indicating or recording the nearest minimum weight value; and

(b) perform any manual operations connected with balancing, weighing, and recording with the care necessary to prevent damage to the accurately machined and adjusted part of weigh-beams, poses, and printing devices.

(6)(a) A weighperson shall permit livestock owners, buyers, or others having a legitimate interest in a livestock draft to observe the balancing, weighing, and recording procedures, and a weighperson may not deny them that right or withhold from them any information pertaining to the weight of that draft.

(b) Owners, buyers, or others shall check the scale's zero balance or reweigh a livestock draft when requested by the parties.

(7) A weighperson's responsibilities for balancing the empty scale shall include:

(a) balancing the empty scale each day before weighing begins and maintaining the scale in correct balance while weighing operations continue;

(b) verifying the zero balance at intervals of not more than 15 drafts or 15 minutes, whichever is first; and

(i) the weighperson resumes weighing duties after an absence from the scale; and

(ii) when the weighperson weighs a load exceeding half the scale capacity or 10,000 pounds, whichever is less, and the following load is fewer than 1,000 pounds;

(d) recording the time at which the weighperson balances the empty scale or verifies its zero balance and shall record it on scale tickets or other permanent records; and

(e) filing balance tickets with other scale tickets issued on that date.

(8) When a load exceeding half of the scale capacity has been weighed, followed by a load of fewer than 1,000 pounds, verification shall occur before weighing a load of fewer than 1,000 pounds.

(9)(a) Before balancing the empty scale, the weighperson shall close or verify that the scale gates are closed and that a person or animal is not on the scale platform or in contact with the stock rack, gates, or platform.

(b) If the weighperson balances the scale with persons on the scale platform, the weighperson shall verify the zero balance when there is a change in persons.

(10) Before weighing a draft of livestock, the weighperson shall verify that the entire draft is on the scale platform with the gates closed and that any person or animal off the scale is not in contact with the platform, gates, or stock rack.

(11)(a) Any person selling livestock sold by weight through a satellite video livestock market shall sell the livestock based on the weight of the livestock on the day of delivery.

(b) A weighperson shall weigh livestock sold by weight on scales that the Division of Weights and Measures has tested and inspected in the manner prescribed by law.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-7 Satellite Video Livestock Market

(1)(a) A person may apply to the department annually, on or before January 1, for an online production sale license to transact business as or with a satellite video livestock market.

(b) The application described in Subsection R58-7-7(1)(a) shall include:

(i) the nature of the business for which a license is desired;

(ii) the name of the person applying for the license;

(iii) the name and address of the proposed satellite video livestock market or the name and address of the satellite video livestock market the person proposes to transact business with; and

(iv) other information the department may require as listed in Section 4-7-106.

(2) The application for an online product sale license or a renewal of a license shall include:

(a) a license fee set in accordance with Section 4-30-105, determined by the department pursuant to Subsection 4-2- 103(2);

(b) evidence of proper security bonding as required in Subsection 4-30-105(3) for the satellite video and Section 4-7- 107 ;

(c) a schedule of fees and commissions that the satellite video livestock market will charge owners, sellers, or their agents; and

(d) other information the department may require as listed in Section 4-7-106.

(3)(a) The department will consider each satellite video livestock market a temporary livestock sale unless licensed under this rule as a satellite video livestock market.

(b) The department requires sales operated by a representative to apply as designated in Section R58-7-4.

(4) Any representative shall supply a copy of each contract between the representative and the satellite video livestock market with which the representative proposes to transact business with to the department.

(5)(a) The contract described in Subsection R58-7-7(4) shall include a provision authorizing the department to have access to the books, papers, accounts, and financial records held by financial institutions, accountants, or other sources.

(b) Other documents relating to the activities of the satellite video livestock market and requiring the satellite video livestock market shall be reasonably available to the department.

(c) If a representative and the satellite video livestock market terminate, rescind, breach, or materially alter the contract described in Subsection R58-7-7(4), the representative and the satellite video livestock market shall immediately notify the department.

(d) The department shall consider it a failure to notify and a failure to keep and maintain suitable records and be a false entry or statement of fact in the application filed with the department, pursuant to Section 4-7-201.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

Utah Admin. Code R58-7-8 Livestock Market Committee

(1) The chair of the department's Livestock Market Committee may hold a hearing to review each application to operate a satellite video livestock market and determine whether the department will issue a license.

(2) The livestock market committee shall approve an application in accordance with Section 4-30-107 and shall apply their decision to the livestock market and the satellite video livestock market.

History

KEY: livestock
Date of Last Change: February 14, 2024
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104

R58-11 Slaughter of Livestock and Poultry

Utah Admin. Code R58-11-1 Authority

Promulgated under the authority of Sections 4-32-109 and 4-32-110.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-2 Definitions

The definitions listed in Section 4-32-105 shall apply for this rule.

(1) "Bill of Sale for Hides" means a hide release or other formal means of transferring the title of a hide.

(2) "Business" means an individual or organization receiving remuneration for a service.

(3) "Commerce" means the movement or transportation of poultry products between:

(a) any state, territory, or the District of Columbia; or

(b) within any territory not organized with a legislative body, or the District of Columbia.

(4) "Custom Slaughter-Release Permit" means a permit that serves as a Brand Inspection Certificate and allows an animal owner to have their animal farm custom slaughtered.

(5) "Detain or Embargo" means the holding of a food or food product for legal verification of adulteration, misbranding, or proof of ownership.

(6) "Food" means a product intended for human consumption.

(7) "Immediate Family" means individuals who reside in the same household as the owner.

(8) "License" means a license issued by the department to allow farm custom slaughtering.

(9) "Owner" means a person holding legal title to an animal.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-3 Equipment and Sanitation Requirements

(1) A farm custom slaughter licensee shall maintain any vehicle, unit used for farm custom slaughtering, equipment, and all sanitation requirements as adopted per Subsection 4-32-103(1)(a).

(2) Any vehicle or unit shall incorporate a tripod or rail that can lift a carcass to a height that enables the carcass to clear the ground for bleeding and evisceration.

(3)(a) A water tank shall be an integral part of the unit or vehicle.

(b) The water tank shall be of approved construction with a minimum capacity of 40 gallons.

(4) A licensee shall fill a sanitation tank large enough to allow complete immersion of each tool used for slaughtering during slaughter operations with potable water and maintained at a temperature of at least 180 degrees Fahrenheit.

(a)(i) In lieu of 180 degrees Fahrenheit water, a licensee may use chemical sterilization with an approved chemical agent after thoroughly cleaning the equipment.

(ii) Chloramine, hypochlorite, quaternary ammonium or other approved chemical compounds may be used for this purpose, and a concentration shall be maintained sufficient to disinfect each utensil.

(b) Hot water, cleaning agents, and disinfectant shall be available if chemicals are used in lieu of 180 degrees Fahrenheit water.

(5) Cleaning agents and paper towels shall be available so any person can clean their hands and equipment as needed.

(6) Pursuant to 9 CFR 325.13, any licensee may denature inedible product and offal with either an approved denaturing agent or using paunch material, such as stomach or intestinal contents, as a natural denaturing agent.

(7) Licensees transporting uninspected meat products from a slaughter operation to a licensed establishment for processing shall deliver carcasses within one hour of slaughter, under refrigeration at or below 40 degrees Fahrenheit.

(8) To prevent adulteration, a licensee shall properly separate, place, and properly denature inedible in designated containers that are marked "Inedible Not For Human Consumption" in letters not less than 4 inches in height.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-4 Slaughtering Procedures of Livestock

(1) Slaughtering may not take place under adverse conditions such as blowing dirt, dust, or mud.

(2) If a licensee uses a slaughter area for repeated kills, the licensee shall maintain the area to prevent blood from collecting, running off onto adjacent property, or contaminating a water source.

(3) A licensee shall remove and dispose of any hides, viscera, blood, paunch material, and tissue at a rendering facility, landfill, composting, or burial as allowed by law.

(4) A licensee shall make each animal insensible to pain by a single blow, gunshot, electrical shock, or other means that is instantaneous and effective before the animal is shackled, hoisted, thrown, cast, or cut.

(5)(a) A licensee shall hoist and bleed each animal as soon after stunning as possible to utilize post-stunning heart action and to obtain complete bleeding.

(b) A licensee shall move carcasses away from the bleeding area for skinning and butchering.

(6) A licensee shall:

(a) handle the carcass and head skin without contaminating the neck tissue by leaving the ears on the hide and tying the head skin;

(b) remove the feet before the carcass is otherwise cut;

(c) except for skinning and starting skinning procedures, cut the skin from the inside outward to prevent carcass contamination with cut hair; and

(d) carefully roll or reflect away the hair side of the hide from the carcass during skinning when the carcass is moved from the skinning bed, caution should be taken to prevent exposed parts from contacting adulterating surfaces.

(7)(a) Before evisceration, a licensee shall tie the rectum, including the bladder neck, to prevent urine and fecal leakage.

(b) A licensee shall take care while opening abdominal cavities to prevent carcass or viscera contamination.

(8)(a) A licensee shall trim hair, dirt, and other accidental contamination before washing.

(b) Washing should proceed from the carcass top downward to remove any possible contaminants from clean areas.

(9) Emergency slaughter does not include the slaughter of non-ambulatory injured cattle. For this rule, the department does not allow non-ambulatory disabled cattle that cannot rise from a recumbent position or cannot walk, including, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions to be slaughtered for food.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-5 Identification and Records

(1) Licensees may not slaughter livestock without proper documentation.

(2) A livestock owner shall provide a licensee with proper documentation before or at the time of slaughter that includes:

(a) a brand inspection certificate, as required in Section 4-24-304; or

(b) for beef, pork, and sheep, a Farm Custom Slaughter identification tag obtained from a department Brand Inspector for the legislature approved applicable fee.

(3)(a) The Custom Slaughter-Release Permit or Farm Custom Slaughter Tag shall include an affidavit with a signed statement that reads: "I hereby certify ownership of this animal to be slaughtered by ('insert name'). I fully understand that having my animal farm custom slaughtered means my animal will not receive meat inspection and is for my use, the use of my immediate family, non-paying guests, or full-time employees. The carcass will be stamped "NOT FOR SALE" and will not be sold."

(b) In addition to this affidavit, the owner or designee will record the following information:

(i) date;

(ii) owner's name, address, and telephone number;

(iii) animal description, including brands and marks;

(iv) Farm Custom Slaughter Tag number;

(v) location of slaughter;

(vi) name of licensee;

(vii) licensee permit number; and

(viii) carcass destination.

(4) Before slaughter, the licensee shall prepare the Farm Custom Slaughter Tag with complete and accurate information.

(a) One tag shall stay in the license holder's file for at least one year.

(b) One tag plus a copy of the Farm Custom Slaughter-Release Permit shall be sent to the department by the 10th of each month for the preceding month's slaughter by the licensee.

(5) After slaughter, any licensee shall stamp the carcasses "NOT FOR SALE" on each quarter with letters at least 3/8" in height; and affix a Farm Custom Slaughter "NOT FOR SALE" tag to each quarter of beef and each half of pork and sheep.

(6) A licensee receiving hides for slaughtering services shall obtain a copy of the Custom Slaughter-Release Permit to record the transfer of ownership, pursuant to Section 4-24-401.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-6 Poultry Exemptions

(1) The Personal Use Exemption includes a person who raises poultry to slaughter or process for personal use, as allowed by Subsection 4-32-106(2) if:

(a) the poultry is healthy when slaughtered; and

(b) the exempt poultry is not sold or donated for use as human food.

(2) A Farm Custom Slaughter and Processing exemption allows a person to slaughter or process poultry belonging to another person if:

(a) the poultry is healthy when slaughtered;

(b) the person conducts the slaughtering or processing in accordance with sanitation standards that produce poultry product that is sound, clean, and fit for human food;

(c) the person using a unit or vehicle for farm custom slaughtering constructs the unit or vehicle to permit maintenance according to sanitation standards; and

(d) the immediate container bears the following information:

(i) the owner's name and address; and

(ii) the licensee's name and address.

(3) A Producer or Grower 1,000 Bird Limit Exemption consistent with Subsection 4-32-109(12) includes:

(a) the producer or grower keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year; and

(b) as required by the U.S. Public Health Service, Food and Drug Administration, Food Code 2022, incorporated by the department in Section R70-530-3, the immediate container bears the following information:

(i) name of product; and

(ii) name and place of business of the processor; and

(iii) the statement "Exempt R58-11-6(4)."

(4) A Producer or Grower 20,000 Bird Limit Exemption consistent with Subsection 4-32-109(11) includes:

(a) a poultry producer or grower may slaughter no more than 20,000 healthy birds of their own raising in a calendar year for distribution as human food;

(b) the producer or grower keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year;

(d) the immediate container bears the following information:

(i) name of product;

(ii) name and address of the processor; and

(iii) the statement "Exempt R58-11-6(5)."

(5) A Producer, Grower, or Other Person Exemption consistent with federal law and Subsection 4-32-109(11), allows a single entity to slaughter and process no more than 20,000 poultry within a calendar year that the entity raised or purchased for direct sale to household consumers, restaurants, hotels, and boarding houses for use in dining rooms to prepare meals served or sold directly to customers if:

(a) the poultry products do not move in commerce;

(b) the business slaughters or processes in a fixed establishment and in accordance with sanitation standards that produce poultry products that are sound, clean, and fit for human food;

(c) the producer keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year;

(d) the immediate containers bear the following information:

(i) name of product;

(ii) ingredients statement if applicable;

(iii) net weights statement;

(iv) name and address of the processor;

(v) safe food handling statement;

(vi) date of the package or Lot number; and

(vii) the statement "Exempt R58-11-6(6)";

(d) the entity does not slaughter, or process poultry owned by another person; and

(e) does not sell poultry products to a retail store or other producer or grower.

(6) A Small Enterprise Exemption consistent with federal law and Subsection 4-32-109(11), allows a business to raise, slaughter, dress and cut up poultry for distribution as human food if:

(a) the business limits the processing of federal or state inspected, or exempt poultry products to the cutting up of carcasses or the business slaughters and dresses or cuts up no more than 20,000 birds in a calendar year;

(b) the business slaughters or processes in a fixed establishment and in accordance with sanitation standards that produce poultry product that is sound, clean, and fit for human food;

(d) the immediate containers bear the following information:

(i) name of product;

(ii) ingredients statement if applicable;

(iii) net weights statement;

(iv) name and address of processor;

(v) safe food handling statement;

(vi) date of package or Lot number, and;

(vii) the statement "Exempt R58-11-6(7)."

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-7 Producer and Grower Sharing a Fixed Facility

(1) Each producer or grower sharing a fixed facility shall comply with the laws and regulations governing establishments, including Title 4, Chapter 32, Utah Meat and Poultry and Poultry Products Inspection and Licensing Act, this rule, and relevant United States Department of Agriculture Poultry Exemptions, and federal regulations.

(2) Each producer or grower shall notify the department five business days before slaughtering and processing, and the notification shall include:

(a) the date of slaughter or processing;

(b) the time of slaughter or processing; and

(3) Producers or growers sharing a fixed facility shall:

(a) before operations begin:

(i) conduct a pre-operational inspection on any food-contact surfaces; and

(ii) document the findings of the pre-operational inspection and corrective actions pursuant to 9 CFR 416.12(a) and 416.15 before the commencement of operations;

(b) during and after operations:

(i) maintain records for at least one year and have them available for inspection by department officials;

(ii) fully label the product in accordance with this rule before it leaves the facility;

(iii) maintain the product temperature at 40 degrees Fahrenheit or less during transport; and

(iv) keep a written recall plan pursuant to 9 CFR 418 and have it available for inspection by department officials.

(4) Producers or growers may not process in the same facility on the same day as any other producer or grower.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-11-8 Enforcement Procedures

(1) The department may suspend a license when:

(a) the department has reason to believe that an eminent public health hazard exists;

(b) insanitary conditions are such that carcasses would be made adulterated and or contaminated;

(d) the licensee violates Title 4, Chapter 32, the Utah Meat and Poultry Products Inspection and Licensing Act or Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or associated rules.

(2)(a) The department may, pursuant to 9 CFR 500, suspend or terminate any exemption, as listed in Section R58-11- 8, with respect to any person when the department finds that the action will aid in effectuating the purposes of the Act.

(b) Failure to comply with the conditions of the exemption, including failure to process poultry and poultry products under sanitation standards, may result in termination of an exemption, in addition to other penalties consistent with 9 CFR 381.13.

(3) When a violation may have occurred, the department may send a warning letter to the licensee that specifies the violations and affords the holder a reasonable opportunity to correct them.

(4) When a licensee has been notified by the department that suspected violations have occurred or when the department suspends a license, the licensee may have an opportunity for a hearing to state their views before the department.

(5)(a) Any person may apply for reinstatement if the department suspended their license.

(b) The department may re-evaluate the applicant and conditions.

(6) The department may detain or embargo any meat found in a food establishment that does not have the proper identification or any uninspected meat slaughtered by a licensee that does not meet the requirements of this rule.

(7) The department may denature or destroy meat determined to be unfit for human consumption.

History

KEY: food inspections, slaughter, livestock, poultry, custom exempt, exemptions, poultry exemptions
Date of Last Change: December 10, 2025
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

R58-12 Record Keeping and Carcass Identification at Meat Exempt Custom Cut Establishments

Utah Admin. Code R58-12-1 Authority

Promulgated Under Authority of Section 4-32-109.

History

KEY: food inspections
Date of Last Change: November 23, 2015
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-12-2 Records

Accurate records of each animal slaughtered by its owner which enters a custom exempt meat establishment or any official meat establishment must be kept on approved "NOT FOR SALE" ticket. These records shall include:

A. The date,

B. The owner's name, address and telephone number,

C. Name and address of meat establishment,

D. Species of animal.

History

KEY: food inspections
Date of Last Change: November 23, 2015
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-12-3 Carcass Slaughtered at Home

Upon receiving an animal which was slaughtered by its owner into a meat establishment, the proprietor, manager or employee of the exempt establishment shall:

A. See that the appropriate Department "NOT FOR SALE" ticket and tags are filled out:

One "NOT FOR SALE" ticket shall be sent into the Department. These "NOT FOR SALE" tickets must be sent in by the 10th of the month for owner slaughtered animals received during the preceding month.
One "NOT FOR SALE" ticket shall remain in the meat establishment file for at least one year.

B. "Not for Sale" tags must be affixed to each quarter of the animal. Two of these tags shall be affixed to the achilles tendon of each of the rear quarters and the two others tags shall be affixed under the flexor tendons of the forearm of each of the forequarters.

C. A legible "Not for Sale" stamp with letters at least 3/8" in height shall be applied directly on each quarter of the carcass.

History

KEY: food inspections
Date of Last Change: November 23, 2015
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

Utah Admin. Code R58-12-4 Uninspected Carcass

If an uninspected carcass is found in meat establishment that has not been properly identified as required above, or as outlined for Farm Custom Slaughtered carcasses, the Commissioner of Agriculture and Food or their representative shall embargo and hold the carcass until proof of ownership has been determined.

History

KEY: food inspections
Date of Last Change: November 23, 2015
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-32-109

R58-13 Custom Exempt Slaughter

Utah Admin. Code R58-13-1 Authority

Promulgated under authority of Sections 4-32-107, 4-32-111, and Subsection 4-2-103(1)(i).

History

KEY: custom slaughter, food inspection, food safety
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 3-32-107; 4-32-110; 4-2-103(1)(i)

Utah Admin. Code R58-13-2 Inspection Exemptions

The Commissioner of Agriculture and Food may exempt the operation of any person from inspection or other requirements of Title 4, Chapter 32, to the extent operations would be exempt from corresponding requirements under the Federal Meat Inspection Act.
The commissioner or designee shall exempt from inspection the slaughtering and preparation by any person of any livestock which is exclusively for use by the owner of the livestock, members of his household, his nonpaying guests, or full-time employees.
The custom operator claiming exemption from inspection shall keep records showing the numbers and kinds of livestock slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the livestock and products.
Custom operators claiming exemption shall obtain a Utah State Brand Inspection or proof of ownership verification prior to slaughter for beef animals slaughtered at an exempt slaughter establishment.
The establishment in which custom operations are conducted will conform to sanitary requirements prescribed by the commissioner or designee and 9 CFR 308.4 through 308.11, 308.13, 308.14 and 308.3, except 308.3 (d) (2) and (3).

History

KEY: custom slaughter, food inspection, food safety
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 3-32-107; 4-32-110; 4-2-103(1)(i)

Utah Admin. Code R58-13-3 Identification of Carcasses

The carcass of each custom slaughtered animal shall be clearly and plainly marked "NOT FOR SALE," in letters not less than 3/8 of an inch in height, immediately after the slaughter process is completed.
The custom slaughtered carcass will be marked on each quarter of the carcass.
Custom prepared product shall be plainly marked "NOT FOR SALE," 3/8 inch letter height, immediately after being prepared, and kept so identified until delivered to the owner.

History

KEY: custom slaughter, food inspection, food safety
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 3-32-107; 4-32-110; 4-2-103(1)(i)

Utah Admin. Code R58-13-4 Separation of Custom and Official Slaughtering

If exempted custom slaughtering or other preparation of product is conducted in an official establishment, facilities and equipment in the official establishment used for custom operations shall be thoroughly cleaned and sanitized before they are reused for preparing each product for sale.
Each exempted custom slaughtered carcass and product will be kept separate and away from each inspected carcass and product while in an official establishment.
Each custom slaughtered carcass will be kept not less than 36 inches apart in the nearest proximity from each inspected carcass in chill and holding coolers.
The construction of an exempted slaughter or processing establishment will conform to minimum requirements as prescribed by the commissioner or designee to assure adequate facilities for the purpose intended as required in the licensing act.

History

KEY: custom slaughter, food inspection, food safety
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 3-32-107; 4-32-110; 4-2-103(1)(i)

R58-14 Exceptions for Holding Live Raccoons or Coyotes

Utah Admin. Code R58-14-1 Authority and Purpose

Under Section 4-23-111, the Agricultural and Wildlife Damage Prevention Board establishes the following exceptions to allow an individual to hold a raccoon, Procyon lotor, or coyote, Canis latrans, in captivity for research, education, or exhibition purposes.

History

KEY: administrative procedure, enforcement, captive raccoons or coyotes, variances, health incidents
Date of Last Change: July 8, 2026
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-23-111

Utah Admin. Code R58-14-2 Variance Requirements

(1) An individual or an organization may hold a raccoon or coyote in captivity for research, education, or exhibition purposes if they first obtain a written variance from the department.

(2) An applicant shall:

(a) receive written permission from the department before transferring an animal held under a variance;

(b) prevent physical contact between the animal and the public; and

History

KEY: administrative procedure, enforcement, captive raccoons or coyotes, variances, health incidents
Date of Last Change: July 8, 2026
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-23-111

Utah Admin. Code R58-14-3 Nuisance Animals and Health Incidents

(1) An individual shall euthanize a captured nuisance raccoon or coyote and may not relocate it.

(2) If capture is not feasible, the individual may euthanize or otherwise destroy the animal at the location where it was found.

(3) An individual holding a raccoon or coyote that bites or scratches a person or domestic animal must follow the health procedures in Section R386-702-12.

History

KEY: administrative procedure, enforcement, captive raccoons or coyotes, variances, health incidents
Date of Last Change: July 8, 2026
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-23-111

R58-15 Agricultural and Wildlife Damage Prevention

Utah Admin. Code R58-15-1 Purpose and Authority

(1) The authority of Subsections 4-2-103(1)(i), 4-23-105(1), and Section 4-23-107 promulgates this rule.

(2) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act protects owners of livestock that are subject to an annual predator control fee under Section 4-23-107. This rule provides additional guidelines on the procedures for collecting that fee.

History

KEY: administrative procedure, enforcement, livestock protection, predator control fee, damage prevention, collection methods
Date of Last Change: June 24, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-23-107; 4-23-105(1); 23A-11-402(2)

Utah Admin. Code R58-15-2 Definitions

The following definitions shall apply to the administration of this rule, along with the definitions listed in Section 4-23- 103.

(1) "Breeding Cattle" means breeding or raising cattle that reside on an agricultural property.

(2) "Department" means Utah Department of Agriculture and Food.

(3) "Depredation compensation" means fair market compensation for livestock lost to a predatory animal.

(4) "Feedlot" means a confined dry-lot area for finished feeding livestock on concentrated feed with no facilities for pasturing or grazing.

(5) "Predator Control Fee" means a fee imposed by the department to meet the annual expense of administering Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act.

History

KEY: administrative procedure, enforcement, livestock protection, predator control fee, damage prevention, collection methods
Date of Last Change: June 24, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-23-107; 4-23-105(1); 23A-11-402(2)

Utah Admin. Code R58-15-3 Board Responsibilities

(1) Per Section 4-23-105, the board shall design policies regarding agricultural and wildlife damage prevention and shall maintain a copy of the policies with the department's director of animal industry and they shall include specific information for the following:

(a) the predator control program; and

(b) the methods for the prevention of damage including hunting, trapping, chemical toxicants, and the use of aircraft as required in Rule R58-25, Aerial Hunting Permits and Licenses.

(3) Per Subsection 4-23-105(3)(b) the board may enter into a cooperative agreement to carry out board policies and will maintain a copy with the department. The agreement may include information related to:

(a) coordinating with federal agencies to protect livestock and property from predators;

(b) funding, disease management, and a plan of action regarding billable activities to protect crops and domestic livestock; or

(4) Per Subsection 23A-11-402(2), on behalf of the board, the department shall annually coordinate with the Utah Division of Wildlife Resources (UWDR) to meet requirements and reduce duplication of predator control efforts.

History

KEY: administrative procedure, enforcement, livestock protection, predator control fee, damage prevention, collection methods
Date of Last Change: June 24, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-23-107; 4-23-105(1); 23A-11-402(2)

Utah Admin. Code R58-15-4 Annual Fee Collection Methods

(1) In accordance with Section 4-23-107, an animal owner interested in predator control shall pay an annual predator control fee for their owned animals.

(2) The board shall determine on or before July 1 of each year the amount of the predator control fees that the department may collect on each animal category.

(3) A livestock producer interested in predator control shall pay applicable fees between January 1, 2025, through April 1, 2025, to be eligible for predator control services between July 1, 2025, and June 30, 2026. For subsequent years:

(a) the department shall mail predator control assessments by September 1 of each year;

(b) the livestock producer shall pay the fee on or before December 31 of each year;

(c) receipt of payment between September 1 and December 31 will determine the eligibility of services and depredation compensation for the following fiscal year that starts July 1 and ends the following June 30 after the department has received the appropriate fee amount; and

(d) the department may assess a late fee for eligible payments received between April 2 of each year and June 30 of the same year if a livestock producer chooses to be eligible for services starting July 1 of the same year and ending on June 30 of the following year.

(4) The department may provide predator control services based on the department's fiscal year starting July 1 and ending June 30 of each year.

(5) The department shall collect the fee to administer the agriculture and wildlife damage prevention policy, pay for marketing promotions, and maintain data to determine eligibility for depredation compensation per Rule R657-24 and Subsection 23A-8-201(3).

(6) The department shall collect the predator control fee:

(a) from a fee imposed on brand inspected cattle when the brand inspector conducts a brand inspection per the requirements listed in Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act;

(b) within 30 days from a market that withheld proceeds from the sale of the cattle;

(c) upon the sale of fleece on or before December 31 of each year or as agreed upon in the cooperative agreement listed in Subsection 4-23-107(4); or

(d) by issuing a Predator Control Assessment form on or before September 1 of each year that a livestock owner shall return to the department by December 31 of each year.

(7) The department may request a livestock producer provide the department with additional information on the Predator Control Assessment form, including:

(a) indicating a preference for paying applicable predator control fees;

(b) the name of the wool warehouse and the sold date of the wool; and

(i) type of animal;

(ii) number of animals; and

(iii) total fee amount.

(8) Per Section 4-23-109 and Rule R65-11, Utah Sheep Marketing Order, a portion of the collected wool fee may pay for the promotion, advancement, and protection of sheep interests in the state and shall meet the requirements listed in Rule R65- 11.

(9) The department may exempt a livestock owner from paying a predator control fee for:

(a) livestock that an owner permanently confines all year within pens or corrals within incorporated city limits and a state or federal agency prohibits or severely restricts animal damage control activities;

(b) cattle that a commuter permit specifies;

(d) exemptions as listed in Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act.

(10) A producer not eligible for an exemption through Subsection R58-15-3(9) may request an exemption by:

(a) submitting a written request to the department on or before April 1; and

(b) may qualify for minimal levels of predator control services, per the agricultural and wildlife damage prevention policy, during the department's fiscal year starting July 1 and ending June 30 after the department approves the exemption.

History

KEY: administrative procedure, enforcement, livestock protection, predator control fee, damage prevention, collection methods
Date of Last Change: June 24, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-23-107; 4-23-105(1); 23A-11-402(2)

R58-17 Aquatic Animal Health Rule

Utah Admin. Code R58-17-1 Authority and Purpose

(1) This rule is promulgated under the authority of Sections 4-37-101 and 4-37-503 and Subsection 4-2-2(i). This rule establishes a statewide aquatic animal health program.

(a) The Fish Health Policy Board establishes this rule regulating the importation of aquatic animals into Utah and establishes requirements for health approval of aquatic animals and their sources. The aquatic animal health program is based on the monitoring of facility operations and aquatic animal movements to prevent the exposure to and spread of pathogens or diseases that adversely affect both cultured and free range aquatic animals.

(b) Aquatic animals that enter the waters of the state or are used in aquaculture facilities, fee-fishing facilities, aquaponics, aquatic animal brokering, aquatic animal reselling, public aquaculture facilities, public fishery resources, private fish ponds, institutional facilities, private stocking, short-term fishing events, displays, or for other activities permitted by the Utah Division of Wildlife, shall comply with this rule.

(c) The Department of Agriculture and Food shall be responsible for granting health approval and assigning a health approval number to private aquaculture facilities in Utah, and to any out-of-state sources pursuant to Subsection 4-37-501(1).

(d) The Division of Wildlife Resources shall be responsible for granting health approval and assigning a health approval number to public aquaculture facilities within the state, and for the movement of live aquatic animals from free range populations in waters of the state pursuant to Subsection 4-37-501(1).

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-2 Definitions

For the purposes of this rule:

(1) "Aquaculture" means the controlled cultivation of aquatic animals. In this rule, the word "aquaculture" refers to commercial aquaculture.

(2) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, aquatic animal processing plant, or other structure used for aquaculture or to display live aquaculture products before sale.

(a) "Aquaculture facility" does not include any public aquaculture facility, private fish pond, or fee fishing facility, as defined in this rule.

(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate aquaculture facilities regardless of ownership.

(3) "Aquatic animal" means an individual or gamete of any species of fish, mollusk, crustacean, or amphibian.

(4) "Aquatic Animal Health Inspection Policy" is a policy adopted and approved by the Board that establishes guidelines for pathogen testing.

(5) "Aquatic animal processing plant" means a facility, grocery store, processing plant, or other facility pursuant to Rule R58-27 that receives live or dead aquatic animals to produce food products that are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.

(a) Aquatic animal processing plants that hold live fish, amphibians, freshwater mollusks, freshwater crustaceans, shrimp, or controlled or prohibited species listed in Rule R657-3 must be licensed by the department as an aquaculture facility and are subject to this rule.

(6) "Aquatic reselling" is an activity permitted by a Board issued variance. The aquatic reselling variance permits a health approved aquaculture facility to acquire and culture aquatic animals from another health approved source and to sell the aquatic animals live without obtaining a facility health approval for that aquatic animal.

(7) "Blue Book" means the procedures approved by the American Fisheries Society for inspecting the health of aquatic animals, specifically: U.S. Fish and Wildlife Service and American Fisheries Society-Fish Health Section, Blue Book: Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens, 2020 edition, which is incorporated by reference.

(8) "Brokers or aquatic animal brokering" means the practice where an aquaculture facility with health approval facilitates the buying, selling, exchanging, or transferring live aquatic animals between a health approved facility and a stocking destination pursuant to Section R58-17-10. Brokered animals are directly transferred from the source to the destination and do not enter the waters of the brokers facility.

(9) "Certificate of Registration (COR)" means an official document that licenses facilities and events with the division. The purpose of the COR is to establish the legal description of the facility, the species of aquatic animals reared, and to grant the authority to engage in the described activity.

(10) "Confirmed finding" means the presumptive evidence for a pathogen has been validated by required procedures in the Aquatic Animal Health Inspection Policy.

(11) "Department" means the Utah Department of Agriculture and Food.

(12) "Disease History" means a record of any known pathogens that have historically affected aquatic animals reared at a facility that seeks health approval pursuant to Section R58-17-5.

(13) "Division" means the Division of Wildlife Resources in the Utah Department of Natural Resources.

(14) "Emergency Response Procedures" are included in Section R58-17-7 and are to be activated any time prohibited or restricted pathogen is reported pursuant to Section R58-17-4.

(15) "Emergency Response Team" means teams defined by Section R58-17-7. Teams are responsible for developing and executing action plans to respond to and report confirmed findings of prohibited or restricted pathogens pursuant to Section R58-17-4.

(16) "Endemic area" means a location where a pathogen has been detected and is considered to be established in an area.

(17) "Entry Permit" means an official document issued by the department that grants permission to the permit holder to import aquatic animals into Utah pursuant to Section R58-17-12. An entry permit is issued for up to 30 days and stipulates the species, size or age, weight, and source of aquatic animals to be imported.

(18) "Fee fishing facility" means a body of water used for holding or rearing aquatic animals for providing fishing for a fee or for pecuniary consideration or advantage pursuant to Section 4-37-103.

(19) "Fish Health Policy Board" or "Board" means the board created pursuant to Section 4-37-503.

(20) "Free range" means naturally born or hatchery-raised aquatic animals that reside in natural or developed waters such as a lake, reservoir or stream, and are managed by state and federal agencies.

(21) "Health approved" or "Health approval" means a system that provides statistical assurance that prohibited or restricted pathogens are not present in a facility or population of aquatic animals.

(22) "Health inspection" means an on-site inspection by a certified inspector for each facility, brood stock location, or free range location in accordance with Section R58-17-5 and the Aquatic Animal Health Inspection Policy.

(23) "Import" or "importation" means to bring live aquatic animals, by any means, into Utah from any location outside the state and to subsequently possess and use them for any purpose.

(24) "License" means an official document issued by the department pursuant to Rule R58-27 authorizing the use of aquatic animals at fee fishing and aquaculture facilities.

(25)(a) "Live Marine Seafood" means a member of any species of mollusk or crustacean that spends its entire life cycle in a marine environment and is marketed as live animals for human consumption such as lobster, crab, or oyster.

(b) "Live Marine Seafood" does not include:

(i) fresh water or marine shrimp, including Mantis Shrimp;

(ii) anadromous aquatic animal species;

(iii) species that temporarily or permanently reside in brackish water; and

(iv) species classified as controlled or prohibited by Rule R657-3 or Rule R657-53.

(26) "Lot" means fish of the same species that are subject to a health inspection. The Aquatic Animal Health Inspection Policy establishes guidelines for lot designation for salmonid and non-salmonid fish.

(27) "Non-salmonid" means any species of aquatic animal that is not of the order Salmoniformes.

(28) "OIE" means the Office International des Epizooties of the World Organization for Animal Health, an intergovernmental organization that was established in 1924 to promote world animal health. The OIE Aquatic Manual, 2021 edition, which provides guidelines and standards for aquatic animal health testing that may be included in the Aquatic Animal Health Inspection Policy, is incorporated by reference.

(29) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is sold in the United States aquarium industry for display.

(a) "Ornamental aquatic animal species" does not include;

(i) sport fish -- aquatic animal species commonly angled or harvested for recreation or sport;

(ii) baitfish -- aquatic animal species authorized for use as bait in Section R657-13-12, and any other species commonly used by anglers as bait in sport fishing;

(iii) food fish -- aquatic animal species cultured or harvested from the wild for human consumption;

(iv) native species;

(v) aquatic animal species prohibited for importation or possession by any state, federal, or local law; or

(vi) aquatic animal species listed as prohibited or controlled in Rule R657-3 or Rule R657-53.

(30) "Private fish pond" means a body of water where privately owned aquatic animals are propagated or kept for a private, non-commercial purpose. "Private fish pond" does not include any aquaculture facility or fee fishing facility.

(31) "Procedures for Timely Reporting and the Emergency Response to Pathogens" means the procedures described in Section R58-17-7 for reporting detections of prohibited, restricted or reportable pathogens in Utah or from any out-of-state health approved sources and the initial response to the detection.

(32) "Prohibited pathogen" means a pathogen that is listed in the Aquatic Animal Health Inspection Policy. These pathogens can cause high morbidity or high mortality and require action in a reasonable time. Prohibited pathogens are difficult or impossible to treat.

(33) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the division, the U.S. Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education. Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate public aquaculture facilities.

(34) "Public fishery resource" means aquatic animals produced in public aquaculture facilities, or, purchased or acquired for public fishery waters and sustained as free range populations in the surface waters of the state.

(35) "Quarantine" means the restriction of movement of live or dead aquatic animals regardless of age and of all equipment and hauling vehicles into or from a quarantine area designated by the Commissioner of Agriculture or State Veterinarian pursuant to Section R58-17-8 and Agricultural code 4-31-16 and 17.

(36) "Reportable pathogen" means a pathogen that is listed in the Aquatic Animal Health Inspection Policy and includes pathogens in the National Reportable Animal Disease List.

(37) "Restricted Pathogen" means a pathogen that is listed in the Aquatic Animal Health Inspection Policy. These pathogens are capable of causing fish losses, but they are treatable or manageable through existing technology or effective management practices.

(38) "Restricted Health Approval '' means a limited health approval granted by the department or the divsion to facilities or waters that have tested negative for prohibited pathogens but positive for restricted pathogens.

(39) "Salmonid" means any species of aquatic animal that is of the order Salmoniformes and optimally lives in coldwater conditions.

(40) "Source" means the origin of an aquatic animal including all rearing or holding locations during all life stages.

(41) "Surrogate species" means an aquatic animal that is known to exhibit similar pathogen susceptibility to an aquatic animal of interest.

(42) "Water source" means a separate spring, lake, river, stream, creek, well, or aquifer. A facility or location that combines multiple water sources within the facility or location will be considered to have a single water source.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-3 Penalties

Any violation of or failure to comply with this rule, or any specific requirement contained in a license, certificate of registration, or entry permit issued pursuant to this rule, Rule R657-3, Rule R657-53, or Rule R657-59 may be grounds for issuance of citations, levying of fines, revocation of the certificate of registration, or denial of future certificates of registration pursuant to Subsections 4-2-2(1)(f) and 4-2-15(1), as determined by the department and pursuant to Sections 23-19-9, 23-20-4, and 23-13-11, as determined by the division

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-4 Aquatic Animal Health Pathogens and Inspection

(1) The Board will maintain a list of restricted, prohibited, and reportable aquatic animal pathogens and accepted inspection requirements in the Aquatic Animal Health Inspection Policy.

(2) The Board shall promulgate the Aquatic Animal Health Inspection Policy.

(3) The policy shall be reviewed and updated as necessary or at minimum every even numbered calendar year.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-5 Aquatic Animal Health Approval

(1) Except as provided in Section R58-17-15, live aquatic animals or their gametes may only be acquired, purchased, sold, or transferred from sources that have been granted health approval by the department or the division.

(a) The department shall be responsible for granting health approval and assigning a health approval number to aquaculture facilities in Utah, and to any out-of-state sources pursuant to Subsection 4-37-501(1).

(b) The department is responsible for granting health approval for the importation into or transportation through Utah of aquatic animals.

(c) The division shall be responsible for granting health approval and assigning a health approval number to public aquaculture facilities within the state, and for the movement of live aquatic animals from free range populations in waters of the state pursuant to Subsection 4-37-501(1).

(d) The division may waive the health approval requirements for aquatic animals pursuant to Section 4-37-501 and the Aquatic Animal Health Waiver Policy for the division approved by the Board.

(e) The Board may review health approvals of the department or the division and advise the department or division on appropriate action to be taken pursuant to Subsection 4-37-503(2).

(2) Inspections.

(a) Inspections are conducted pursuant to Section 4-37-502 and this rule to detect the presence of any prohibited and restricted pathogens listed in the Aquatic Animal Inspection Policy.

(b) Inspections shall be conducted under the direction of an individual certified by the American Fisheries Society (AFS) as an Aquatic Animal Health Inspector or as a Fish Pathologist, or by a licensed veterinarian under the guidance of an AFS certified inspector or fish pathologist.

(i) Collection, transportation, and laboratory testing of the samples shall follow standard procedures specified by the AFS for inspecting the health of aquatic animals, or the OIE Manual of Diagnostic Tests for Aquatic Animals. Testing requirements and procedures in the AFS-FHS Blue Book Inspection Manual, and OIE testing requirements will only be superseded by provisions identified in this rule and corresponding policies.

(c) Inspections for the United States Department of Agriculture (USDA) or OIE listed pathogens are required for imports from international origins or from known endemic areas.

(d) The State Veterinarian may require inspection, treatment, or testing for emerging aquatic animal pathogens or pathogens suspected to be a threat to state aquaculture and aquatic resources.

(3) Requirements for Health Approval.

(a) Applicable to each source of aquatic animals.

(i) Facilities shall submit the following to the department or division for health approval:

(A) current inspection reports-a five year inspection history for established facilities may be required;

(B) origin and transfer of aquatic animals or gametes into the facility after the last inspection;

(D) identification of water sources; and

(E) any other information required by the department or the division.

(ii) Health Approval may be granted following the statistical attribute sampling of aquatic animals at the facility for prohibited and restricted pathogens listed in the Aquatic Animal Inspection Policy in accordance with the Blue Book or OIE procedures as incorporated in Subsections R58-17-2(7) and R58-17-2(28) .

(A) This shall require minimum sampling at the 95% confidence level, assuming a 5% pathogen carrier prevalence.

(B) Board approved exceptions to the sampling protocols in the Blue Book are detailed in the Aquatic Animal Inspection Policy.

(iii) The division may use sampling or testing procedures that are more thorough or sensitive in detecting prohibited pathogens than the procedures required by rule.

(iv) Under no circumstances shall health approval be granted to a facility if any lots test positive for prohibited pathogens listed in the Aquatic Animal Inspection Policy or if any of the same pathogens contaminate the facility's production waters or water sources that have not been treated to eliminate the organism.

(v) Health approval is granted for one year from the date of sample collection.

(vi) After initial approval, annual inspections shall be conducted to renew health approval.

(A) The information required in Subsection R58-17-5(3)(a)(i) for the previous year shall be provided to renew health approval.

(B) A two-month grace period may be granted to allow a facility to conduct business while waiting for annual health inspection samples to be processed and for reporting of test results.

(vii) If aquatic animals are removed from an approved facility for a period of three months or more or if health approval is canceled or denied, then subsequent health approval may be granted after the facility completes the requirements listed in Subsection R58-17-5-3(a) listed for initial approval.

(viii) Pursuant to Subsection R58-17-10(2), restricted health approval may be granted to facilities that test positive for restricted pathogens or have restricted pathogens in the facilities' water source.

(b) Applicable to salmonid facilities.

(i) For initial approval of a new facility or location, two inspections of the same lot, at least four months apart, is required.

(A) Aquatic animals shall reside in the water source for at least six months before the first inspection.

(B) Lots from each water source at a facility shall be inspected.

(ii) For existing facilities, any lots of salmonids on site during the annual inspection shall be sampled. Salmonid fish health approval is applied to the entire facility, not individual lots of fish.

(iii) Facilities shall contact the appropriate regulating agency if any salmonid species, not included in the annual health inspection, is imported into the facility.

(A) Facilities shall provide current health approval documentation for the source facility and salmonid species before offering the new species for sale or transfer. This requirement applies to salmonids transferred from both in-state and out-of-state sources.

(B) The department or division will review the documentation and may add the species to the facility's health approval list if:

(I) the species is listed on the facility's COR; and

(II) the health testing of the salmonid species and source facility meets health approval requirements.

(iv) Facilities that transfer salmonids that do not meet the requirements listed in Subsection R58-17-5(3)(b) may be subject to quarantine and fish health testing.

(v) Each lot of aquatic animals at the facility as well as any outside sources of these aquatic animals shall be inspected for initial approval and for renewals.

(i) For initial approval one inspection is required. Health approval is applied to individual lots of fish.

(ii) Animals shall reside in the facility water source for at least one month before the first inspection.

(A) Non-salmonid lots for purposes of inspection are defined as fish of the same species that have continuously shared a common water source.

(B) For facilities where a lot of fish is composed of the same species distributed into multiple ponds or rearing units, a composite sample of 60 aquatic animals collected from across ponds may be used.

(I) Health approval is required for all species that are sold or transferred as live animals.

(II) Annual health inspections are not required.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-6 Inspection of Records and Facilities

(1) Except as otherwise provided in Rule R657-59, the following records shall be maintained for a period of up to five years and be available for inspection during reasonable hours by the appropriate agency pursuant to Subsection R58-17-5(1):

(a) purchase, acquisition, distribution, and production histories of live aquatic animals;

(b) licenses, CORs and entry permits; and

(2) The appropriate agency representatives pursuant to Sections 4-1-4, 4-31-16, 4-37-104, 4-37-105, and 23-15-10 and under appropriate regulatory responsibility may conduct pathological or physical investigations at any registered facility, private fish ponds, and on aquatic animals being imported or transported in vehicles, during reasonable hours, if there is cause to believe that a disease condition exists or as otherwise authorized in Rules R58-27, R657-3, R657-53, and R657-59. Any laboratory testing resulting from this investigation shall be at the owner's expense if evidence indicates that Rule R58-17 has been violated pursuant to the investigation.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-7 Timely Reporting of Aquatic Animal Pathogens and Emergency Response Procedures

(1) Persons involved in aquaculture, fee fishing, public aquaculture or engaged in activities permitted by Rule R58-27, R657-3, R657-53, or R657-59, shall report having knowledge of the existence of any of the diseases in the Aquatic Animal Health Inspection Policy, to the department, or the division pursuant to Subsection 4-37-503(2)(b).

(2) A presumptive pathogen finding of a prohibited, restricted, or reportable pathogen as listed in Aquatic Animal Health Inspection Policy shall be reported to either the department or the division, whichever is the responsible agency according to the location where evidence of a pathogen was found. These agencies will report the presumptive evidence to each other. "Presumptive evidence" is when laboratory testing has demonstrated preliminary evidence of a pathogen, but the presence or identity of the pathogen has not yet been confirmed by other required procedures.

(3) Any records documenting the reporting or investigation of presumptive evidence of a prohibited, restricted, or reportable pathogen in a public or private aquatic animal population are classified as protected records under Section 63-2-304. The records shall retain the protected classification until the pathogen is confirmed and they will be classified as public records under Section 63-2-301.

(4) A confirmed finding is when the presumptive evidence for a pathogen has been validated by required procedures in the Aquatic Animal Health Inspection Policy. A confirmed finding of a prohibited, restricted, or reportable pathogen from any source shall be immediately reported to the State Veterinarian and the Director of the division. The agency that governs the facility will report the finding to the Chair of the Board in writing within five calendar days and provide a report to the Board at the next regularly scheduled meeting. The written report shall contain the following information:

(a) agency involved in detecting the pathogen;

(b) owner or operator of the aquatic facility;

(d) geographic location of the finding;

(e) information on the affected aquatic animal population, such as species and age group;

(f) pathogen found;

(g) dates of sample collection and testing;

(h) laboratory method used;

(i) preliminary plan of action from the agency emergency response team; and

(j) confirmatory test used.

(5) The department and the division will each maintain a standing emergency response team headed by a fish specialist or pathologist.

(a) For the department, the standing emergency response team will consist of a Department fish health specialist or pathologist, the state veterinarian or that person's designee, a division fish health staff member, and the operator of the affected facility. The Department Emergency Response team is charged with responding to situations involving pathogens at aquaculture facilities, fee fishing facilities, and any out-of-state source.

(b) For the division, the standing emergency response team will consist of a division fish pathologist, the chief of aquatics or that person's designee, a member of the department such as the State Veterinarian or fish health specialist, and the operator of the affected facility manager or owner. The division emergency response team is charged with responding to situations involving pathogens at public aquaculture facilities, private ponds, and free range populations of aquatic animals in waters of the state.

(6) The standing emergency response team from the agency in charge will initiate further testing procedures and will manage and monitor the episode until the pathogen has been confirmed or negated. Emergency response teams are responsible for developing and executing action plans to respond to presumptive or confirmed findings of prohibited or restricted pathogens. They will develop plans and initiate actions to:

(a) identify suggested sources of personnel and funds for responding to a particular situation;

(b) assess the need for and feasibility of various courses of action;

(d) investigate the history of aquatic animal or water movement to and from the affected site and consider other methods or routes of pathogen transfer;

(e) evaluate laboratory findings;

(f) determine disposition of the affected aquatic animal population;

(g) establish appropriate sanitation and disinfection of the site, as needed;

(h) evaluate the need for a laboratory surveys of other populations in the quarantine zone and determine disposition;

(i) recommend when, if, and under what conditions a quarantine may be lifted and if any restrictions remain in effect;

(j) implement a follow-up inspection plan; and

(k) evaluate the need for involvement of law enforcement personnel.

(7) If a confirmatory test negates the presence of a prohibited or restricted pathogen, the emergency response team will be dissolved, any team initiated actions terminated, and any quarantine released upon agency receipt of the confirmatory test report.

(8) In the event of a confirmed finding of prohibited or restricted pathogens:

(a) the Board may become involved in overseeing response procedures;

(b) the Board may consider enlarging the emergency response team as needed to possibly include representatives from other government agencies, representatives from various constituent groups, law enforcement personnel, or outside experts;

(c) the emergency response team will submit a follow-up report to the Board after initial response procedures have been completed but before a quarantine is lifted and before a follow-up inspection plan is implemented; and

(d) the Board will report on emergency response procedures and Board decisions to the commissioner of the department and the Director of the division.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-8 Quarantine of Aquatic Animals and Premises

(1) Quarantine may be imposed by the commissioner of the department or the State Veterinarian where evidence exists that the aquatic animals have been exposed to or harbor prohibited or restricted pathogens and consequently pose a possible disease threat. This may occur when:

(a) a prohibited or restricted pathogen listed in the Aquatic Animal Health Inspection Policy is detected at a facility or location;

(b) transfers occur from health approved sources that were later determined to be positive for prohibited or restricted pathogens through annual testing or diagnostic work; or

(c) aquatic animals from non-health approved sources are transferred or possessed in violation of this rule, division rules, or statute.

(2) If prohibited or restricted pathogens are detected at the facility or location, then the procedures for timely reporting and the emergency response procedures under Section R58-17-7 shall be followed.

(3) Any person affiliated with a facility under quarantine, who delivers aquatic animals from health approved sources for other public or private aquaculture facilities may, with written permission from the department, use their hauling vehicles, if the operator sanitizes the vehicles according to the decontamination protocol developed by the emergency response team each time the vehicle leaves the quarantine facility.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-9 Handling of Aquatic Animals and Premises Confirmed to Be Infected With a Prohibited Pathogen Listed in the Aquatic Animal Health Inspection Policy

(1) The commissioner of the department or the State Veterinarian shall quarantine facilities and locations with confirmed detections of prohibited pathogens and remove them from the health approval list.

(2) The emergency response team and Board shall make recommendations to the department or division regarding the:

(a) potential effects of prohibited pathogens on receiving waters, neighboring aquaculture facilities, or the public fishery resource;

(b) course of action needed to prevent the spread of the prohibited pathogen and methods to eliminate it; and

(3) The department or division, in their respective areas of responsibility, shall take action to control and eliminate prohibited pathogens. The course of action shall include:

(a) destruction and disposal of infected and exposed aquatic animals;

(b) cleaning and decontamination or disposal of all handling equipment;

(d) the department or division will provide a report to the Board detailing the action taken to eliminate the pathogen and the follow-up inspection plan.

(4) If biosecurity at the facility or location cannot or is not being maintained, immediate destruction of the stocks may be required.

(5) The biosecurity plan shall be held until released by the State Veterinarian.

(6) The State Veterinarian shall reassess the quarantine and may recommend release after each lot tests negative for the prohibited pathogens in two tests that are performed at least six months apart.

(a) Tests shall be at the owner's expense.

(b) Tests may include the use of surrogate aquatic animals as specified in the biosecurity plan.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-10 Handling of Aquatic Animals and Premises Confirmed to Be or Previously Identified to Be Infected With a Restricted Pathogen Listed in the Aquatic Animal Health Inspection Policy

(1) The commissioner of the department or the State Veterinarian shall quarantine facilities and locations with a confirmed detection of a restricted pathogen and remove the facility from the health approval list. Facilities shall remain under quarantine until a biosecurity plan and course of action to treat or eliminate the pathogen is approved by the department or the Board and implemented.

(2) A facility or location may be granted restricted health approval provided that specific actions are taken:

(a) as detailed in this section; or

(b) as developed by the emergency response team and approved by the Board.

(3) Renibacterium salmoninarum - Bacterial Kidney Disease (BKD)-- Confirmed detections.

(a) Lots confirmed to be infected with Renibacterium salmoninarum shall be identified as positive on the fish health inspection report.

(b) The inspection report will show complete hatchery or location testing and status of each lot.

(c) A restricted health approval may be granted to a facility or location allowing the transfer of an uninfected lot after development and implementation of a biosecurity plan to eliminate or reduce pathogen dissemination. The transfer of a Renibacterium salmoninarum (BKD) infected lots and gametes from an infected lot is prohibited.

(d) A facility or location will implement one of the following strategies;

(i) retain infected lots via:

(A) developing and implementing a biosecurity and management plan to reduce further spread using treatment and disinfection procedure; or

(B) retesting each lot of susceptible species and appropriate age classes six months of age or older following implementation of the biosecurity plan:

(I) the restricted health approval will be removed when two tests are performed at least six months apart on appropriate age classes of any susceptible species and results are negative; and

(II) the second test shall be part of an annual salmonid inspection; or

(ii) depopulate infected lots via:

(A) developing and implementing a biosecurity and management plan to reduce further spread using disinfection procedures; or

(B) retesting each lot of susceptible species and appropriate age classes six months of age or older following implementation of the biosecurity plan.

(iii) The restricted health approval shall be removed when two tests are performed at least six months apart on appropriate age classes of any susceptible species are negative. The second test shall be part of an annual salmonid inspection.

(4) Myxozoan pathogens (Myxobolus cerebralis, Ceratomyxa shasta and Tetracapsuloidesbryosalmonae) - Confirmed detections.

(a) If a group of aquatic animals is confirmed to be infected with Myxobolus cerebralis, Ceratomyxa shasta or Tetracapsuloides bryosalmonae, then each salmonid that are reared on the shared water source at a facility or location are considered positive for the pathogen.

(b) Facilities or locations will be identified as positive for Myxobolus cerebralis, Ceratomyxa shasta or Tetracapsuloides bryosalmonae on the annual fish health inspection report and will retain a positive status until the facility or location completes health approval reinstatement procedures.

(i) Annual testing for Myxobolus cerebralis, Ceratomyxa shasta, or Tetracapsuloides bryosalmonae is not required, as the facility or location shall retain its positive status for the parasite.

(ii) A restricted health approval may be granted to facilities or locations with a biosecurity plan that specifies the water treatment conditions required for uninfected transfer of gametes and non-salmonid species.

(i) decontamination and development of a clean water supply;

(ii) depopulation of any salmonids that exist on the shared infected water source; and

(iii) two inspections of the same lot, at least four months apart, that are negative for prohibited and restricted pathogens.

(A) Test groups shall be exposed to the facility or location water supply for at least six months before the first inspection.

(B) Lots from each water source at a facility shall be inspected.

(5) Schyzocotyle acheilognathi (Asian Tapeworm).

(a) If a group of aquatic animals is confirmed to be infected with Asian tapeworm then each group of Cyprinids such as carp or minnows and Gambusia species that are reared on the shared water source at a facility or location are considered positive for the pathogen.

(b) A restricted health approval may be granted to facilities or locations with a biosecurity plan that specifies treatment to eliminate Asian tapeworm from infected fish, intermediate hosts, and contaminated water.

(c) Documentation of each treatment shall be retained and made available to the fish health team associated with the responsible agency.

(d) Reinstatement of full health approval requires that each susceptible lot tests negative in an annual inspection performed at least six months after the implementation of the biosecurity plan.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-11 Statement of Variances

Circumstances may arise that cannot be adequately addressed or resolved with this rule. The Board may grant specific variances to the rule if the following conditions are met:

(1) the variance is based on scientifically sound information and rationale;

(2) the variance will cause no significant threat to other public or private aquaculture operations, or to public fishery resources; or

(3) the variance is approved by majority vote of a quorum of the Board.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-12 Importation of Aquatic Animals or Gametes into Utah

(1) Except as provided in Section R58-17-15, aquatic animals or their gamete shall:

(a) originate from a list of health approved sources maintained by the department;

(b) receive an official free entry permit issued by the department that contains an aquatic animal health approval number;

(i) an entry permit application shall contain the following information:

(A) originating facility information, including name, address, phone number, and health approval number;

(B) description of the aquatic animal being transferred, which includes:

(I) species, including common or scientific names; and

(II) number or weight being shipped;

(I) name, address, phone number; and

(II) license number or COR number or otherwise be permitted to possess the aquatic animal by Rule R657-59;

(D) method of transportation; and

(E) purpose for which it was shipped; and

(c) be species that are listed on a license or COR or have been authorized by the Wildlife Board and the division pursuant to Rules R657-3, R657-59, and Subsection 4-37-105(1).

(2) To import or sell live grass carp (Ctenopharyngodon idella), the fish shall be verified:

(a) as being triploid (sterile) by the National Triploid Grass Carp Inspection and Certification Program, and

(b) copies of the entry permit, treatment, or testing statement for Asian tapeworm, and triploid verification forms shall accompany the fish during transit.

(3) Non-salmonid fish species require a fish health statement to be completed by a fish health professional or veterinarian.

(a) The fish health statement certifies that a fish health professional or veterinarian:

(i) examined at least ten fish from each lot being shipped and there are no signs of clinical disease and are free from glochidia; and

(ii) any aquatic animal species that are known or reported hosts or carriers of the Asian tapeworm have been treated or inspected for Asian tapeworm before shipment.

(b) Fish health statements are valid for 30 days from the examination or inspection.

(4) Before importation, the State Veterinarian may require inspection, treatment, or testing of any aquatic animal and plant species, including aquatic invasive species under Rule R657-60, water, vehicle, or container, in accordance with current scientific knowledge.

(5) Transport vehicles, importing aquatic animals into Utah or transporting them through Utah pursuant to Subsection R58-17-12(1)(b), shall have proper documentation and are subject to inspection.

(6) The lack of proper documentation or the findings of an inspection may result in entry denial, fines, or other department actions.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-13 Buying, Selling, or Transferring Aquatic Animals

(1) Except as provided in Section R58-17-15, live aquatic animals or their gametes may only be sold or transferred from sources that have been granted health approval by the department or the division.

(2) Current listing for each source and species on the health approval list is required pursuant to Subsection R58-17- 13(3).

(3) Buying aquatic animals. A person or entity that has a valid license or COR to possess the animals or is otherwise permitted to possess the aquatic animals by Rule R657-3 and R657-59, may only purchase live aquatic animals or their gametes.

(4) Selling or transferring aquatic animals.

(a) Aquatic animals may only be sold or transferred from facilities with a valid license or COR.

(i) In-state facilities that produce and sell aquatic animals shall be licensed as an aquaculture facility by the department 1qor licensed as a public aquaculture facility by the division.

(ii) Facilities that sell or transfer live aquatic animals must be health approved by the department under Section 4-37- 204 or the division under Subsection 4-37-501(1)(b)(ii).

(b) Each species offered for sale must be health approved.

(c) An aquatic animal sold or transferred by the owner or operator of an aquaculture facility shall be accompanied by the seller's receipt that contains the following information:

(i) date of transaction;

(ii) name, address, certificate of registration number, health approval number, and signature of seller;

(iii) number and weight of aquatic animal by species, and reproductive capability; and

(iv) name and address of the receiver.

(5) Brokers.

(a) Persons or entities that broker aquatic animals shall have an aquaculture license and health approval issued by the department.

(b) Aquatic animals that are brokered shall originate from facilities that are health approved by the department.

(i) buying under Subsection R58-17-13(2);

(ii) selling under Subsection R58-17-13(3);

(iii) importing under Section R58-17-12; and

(iv) transporting under Section R58-17-14.

(6) Aquatic Reselling:

(a) Person or entities that resell aquatic animals shall have an aquaculture license and health approval issued by the department.

(b) For non-salmonids:

(i) to resell health certified aquatic animals a facility must receive a variance from the Board;

(A) the variance for a facility will include:

(I) authorized species to resell;

(II) the time frame established for aquatic reselling; and

(III) any additional requirements established by the Board;

(IV) to receive a variance to resell a species, the species shall be listed on the facility's license or COR before variance approval.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-14 Transporting Aquatic Animals

(1) Any person may transport live aquatic animals from a health approved facility provided the destination has a valid license or COR to possess the aquatic animal, or possession is otherwise permitted by Rule R657-3, R657-53, and R657-59.

(2) Any transfers or shipments of live aquatic animals within Utah, unless exempted by Section R58-17-15, shall be accompanied by documentation of the source and destination, including:

(a) date of transaction;

(b) source information, including:

(i) name;

(ii) address;

(iii) phone number;

(iv) aquatic animal health approval number; and

(v) license or COR number for instate facilities;

(i) species;

(ii) number;

(iii) size or weight being shipped; and

(iv) reproductive capacity;

(d) destination information, including:

(i) name;

(ii) address;

(iii) phone number; and

(iv) license or COR number. Geographic location including latitude, longitude or UTM coordinates may be provided in lieu of COR if the facility is exempted from COR requirements by Rules R657-3, R657-53, and R657-59.

(3) Live aquatic animals may be shipped through Utah without a COR or health approval, when:

(a) the animals will not be sold, released, or transferred;

(b) the products remain in the original container and water from the out-of-state source is not exchanged or released;

(d) an entry permit or proof of legal ownership, origin of aquatic animals and destination must accompany the shipment.

(4) No person may move or cause to be moved live aquatic animals from a location known to be exposed to or infected with any restricted or prohibited pathogen listed in the Aquatic Animal Inspection Policy, without first reporting to the appropriate regulating agency pursuant to Section R58-17-4 and receiving written authorization to move the aquatic animals.

(5) Any transport vehicles may be subject to inspection by the department or the division under Subsection R58-17- 12(5).

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-15 Exemptions

(1) Aquatic animals that meet the following criteria are exempt from health approval regulation under this rule, licensing under Rule R58-27, COR under Rule R657-3, and entry permit under Section R58-17-12 requirements:

(a) ornamental species that are used for display aquariums and not regulated by Rule R657-3 or R657-53, although the exemption does not apply to ornamental species used for aquaculture, including food production or stocking, or that are placed into the waters of the state;

(b) live marine seafood imported and possessed for the singular purposes of immediate human consumption that shall be:

(i) possessed no longer than 30 days from the date of importation;

(ii) acquired from a lawful source and documentation of purchase is retained;

(iii) not released in any water source, including sewer systems; and

(iv) imported and possessed in compliance with applicable state and federal laws, including the importation and possession requirements in Rule R657-3 or R657-53;

(c) live aquatic animals transported to aquatic animal processing plants, provided the animals are killed upon release from the transport vehicle and are not held live; or

(d) commercial aquariums or zoos with a valid COR from the division that may transfer species to other aquariums or zoos with a Certificate of Veterinary Inspection.

(2) The department reserves the right to allow exemptions and require health approval or licenses or entry permits on a case by case basis.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-16 Disposal of Aquatic Animals and Waste Products

(1) Disposal of aquatic animals, dead or alive, their parts, or waste products from any facility or location in a manner that may result in the discharge of any pollution or contamination into waters of the state is illegal under the Water Quality Act, Section 19-5-101 and Division of Water Quality rules.

(2) Pursuant to Subsection R58-17-16(3), waste products such as brine shrimp cysts, carcasses, viscera, and wastewater, shall be disposed of in a manner that limits the spread of pathogens and will prevent scavenger infiltration.

(3) Waste products may be:

(a) incinerated, in accordance with federal, state, and local air quality guidelines;

(b) buried with "quicklime" (calcium oxide);

(d) digested; or

(e) bagged and transported to a local municipal or county landfill.

(4) Proper disposal is the responsibility of the processor, owner, or broker.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-17 Fish Health Policy Board Electronic Meetings

(1) Section 52-4-207 authorizes a public body to convene or conduct an electronic meeting provided written procedures are established for such meetings. This rule establishes procedures for conducting Board meetings by electronic means.

(2) The following provisions govern any meeting at which one or more Board members appear telephonically or electronically pursuant to Section 52-4-207:

(a) If one or more Board members participate in a public meeting electronically or telephonically, public notices of the meeting shall specify:

(i) the Board members participating in the meeting electronically and how they will be connected to the meeting;

(ii) the anchor location where interested persons and the public may attend, monitor, and participate in the open portions of the meeting;

(iii) the meeting agenda; and

(iv) the date and time of the meeting.

(b) Written or electronic notice of the meeting and the agenda shall be posted or provided no less than 24 hours before the meeting:

(i) at the anchor location;

(ii) on the Utah Public Notice Website; and

(iii) to at least one newspaper of general circulation within the state or to a local media correspondent.

(c) Notice of the possibility of an electronic meeting shall be given to Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically or telephonically.

(d) When notice is given of the possibility of a Board member appearing electronically or telephonically, any Board member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Board.

(i) At the commencement of the meeting, or at the time that any Board member initially appears electronically or telephonically, the chair should identify for the record those who are appearing telephonically or electronically.

(ii) Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Utah Department of Agriculture and Food, 4315 South 2700 West, Taylorsville State Office Building (TSOB) South, Taylorsville, UT 84129.

(i) The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected.

(ii) The anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-17-18 Fish Health Policy Board Emergency Meetings

(1) There are times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Subsection 52-4-202(1) cannot be met. Pursuant to Subsection 52-4-202(5), the notice requirements in

Subsection 52-4-202(1) may be set aside when unforeseen circumstances require the Board to meet and consider matters of an emergency or urgent nature.

(2) The following procedure shall govern any emergency meeting:

(a) No emergency meeting shall be held unless an attempt has been made to notify each of the members of the Board of the proposed meeting and a majority of the convened members vote in the affirmative to hold the emergency meeting.

(b) In convening the emergency meeting and voting in the affirmative to hold the meeting, the Board shall affirmatively state and find what unforeseen circumstances have made it necessary for the Board to hold an emergency meeting to consider matters of an emergency or urgent nature such that the ordinary public notice provisions of Section 52-4-202 could not be followed.

(i) the time and location of the meeting;

(ii) the topics to be considered.

(iii) If members of the Board appear electronically or telephonically; and

(iv) notice shall comply with the requirements of Subsection R58-17-17(2) to the extent practicable.

(d) Public notice of the emergency meeting shall be provided as soon as practicable and considered;

(i) at the offices of the department;

(ii) on the department's web page;

(iii) on the Utah Public Notice Website; and

(iv) at the location where the emergency meeting will be conducted.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Notice of Continuation: November 8, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

R58-18 Licensing, Operating, Health, and Disposal Standards for Domesticated Elk Facilities

Utah Admin. Code R58-18-1 Authority

This rule implements Title 4, Chapter 39, the Domesticated Elk Act, under the rulemaking authority granted to the department in Section 4-39-106.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-2 Purpose

(1) This rule establishes administrative procedures and standards to fulfill the department's responsibilities under the Domesticated Elk Act.

(2) The rule provides specific details for licensing, health standards, and facility operations to prevent disease and ensure compliance with state law, as outlined in Sections 4-39-103 and 4-39-106.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-3 Definitions

In addition to the definitions in Section 4-39-102, the following definitions apply to this rule:

(1) "Approved test" means a diagnostic test for Chronic Wasting Disease (CWD) surveillance that the United States Department of Agriculture (USDA) accepts, and the state veterinarian approves.

(2) "CWD-exposed animal" means a domesticated elk that commingled with a CWD-positive animal within the previous 60 months.

(3) "CWD-exposed herd" means a herd in which a CWD-positive animal or a CWD-exposed animal resided for any period within 60 months before that animal's determination as CWD-positive or CWD-exposed.

(4) "CWD-positive animal" means a domesticated elk that has had a diagnosis of CWD confirmed by an official CWD test.

(5) "CWD-positive herd" means a herd in which a CWD-positive animal resided within the previous 60 months.

(6) "CWD-suspect herd" means a herd in which a suspect domesticated elk resides.

(7) "Dead tested" means an elk that has at least one testable sample for CWD that has died of natural causes, or an elk facility euthanized it.

(8) "Elk farm" means a facility that raises domesticated elk but does not harvest them via hunting.

(9) "Harvest" means to kill by hunting or slaughter.

(10) "Herd of origin" means the herd that an imported animal has resided in, or does reside in, before importation.

(11) "Hunt killed" means any elk reported as harvested on a harvest permit.

(12) "Hunt killed tested" means any elk that has at least one testable sample for CWD, reported as harvested on a harvest permit.

(13) "Missing" means an elk recorded on departmental records that is absent during physical inventory and presumed dead and untested for inventory and testing compliance calculations.

(14) "Moved out" means any elk sold or sent from an elk facility to another elk facility.

(15) "Official slaughter facility" means a place where livestock slaughter occurs under state or federal inspection.

(16) "Raised" means possession of domesticated elk for any purpose other than hunting.

(17) "Slaughtered" means any elk harvested for meat on an elk farm or at a licensed slaughter establishment and does not include elk harvested through hunting that are documented on a harvest permit.

(18) "Slaughtered tested" means any slaughtered elk for which at least one sample is testable for CWD.

(19) "Trace Back Herd" or "Source Herd" means a herd of Cervidae where an animal affected with CWD formerly resided.

(20) "Trace Forward Herd" means a herd of Cervidae that received exposed animals originating from a CWD-positive herd within five years before the diagnosis of CWD in the positive herd or from the identified date of entry of CWD into the positive herd.

(21) "Untestable sample" means a sample collected for CWD testing that does not meet the department's criteria for valid testing due to poor collection, preservation, or other factors.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-4 Licensing

(1) An applicant for a new domesticated elk facility license shall submit a completed application on a form provided by the department and the applicable fee as required by Section 4-39-203.

(2) New licensees shall request an inspection from the department and the Division of Wildlife Resources at least three days before license issuance, and they may not allow elk to enter the facility before a license is issued.

(3) Per Subsection 4-39-203(5), a l icensee shall submit an application for each location that is:

(a) maintained for a different purpose, such as raising elk vs. hunting elk; or

(b) separated by two distinct perimeter fences without a shared alleyway.

(4)(a) A licensee shall submit an annual renewal application by April 30th each year to avoid late fees as specified in Subsection 4-39-205(2)(a).

(b) For renewal, the licensee shall schedule a facility inspection with the department to verify compliance with the facility requirements outlined in Sections 4-39-201 and 4-39-202.

(5)(a) Before renewing a license, the department shall reconcile inventory and CWD testing records to determine compliance.

(b) If deficiencies are found, the department shall provide the licensee with written notice and grant the facility 60 days from the date of the notice to correct any deficiencies.

(6)(a) Section 4-39-503 provides the grounds for license denial, suspension, or revocation.

(b) A licensee may appeal a decision to the commissioner within 15 calendar days, per Title 63G, Chapter 4 Administrative Procedures Act.

(7) If the department revokes a license, the licensee shall remove any elk from the facility within 30 calendar days by:

(a) transporting any elk to an official slaughter facility; or

(b) selling elk to another licensed facility.

(8) The department may conduct a special sale to sell any elk remaining on the facility 30 days after the license revocation date.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-5 Facility Requirements

(1) A domesticated elk facility licensee shall:

(a) construct and maintain all domesticated elk facilities to prevent the escape of domesticated elk and the entry of wild cervids, as detailed in Section 4-39-201;

(b) remove any wild cervids on the property before enclosing the facility; and

(2) A licensee may not possess any other species of domesticated cervids on the domesticated elk facility.

(3) A domesticated elk facility shall have internal handling facilities that meet the requirements of Section 4-39-202.

(4) The department may grant an exception to Subsection R58-18-5(3) if the licensee owns another compliant facility within a reasonable distance.

(5) In addition to the requirements in this section, an elk ranch shall:

(a) be 600 to 5,000 contiguous acres unless the Domesticated Elk Advisory Council provides a written exception for a larger or smaller facility; and

(b) contain sufficient trees, rocks, hills, and natural habitat to provide cover for the animals.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-6 Animal Identification and Records

(1) A domesticated elk facility licensee shall apply identification tags to each elk as required by Section 4-39-304:

(a) when the elk arrives at the facility;

(b) when the department performs a physical inventory;

(d) before the animal reaches 12 months of age, whichever occurs first.

(2) The licensee shall replace any missing identification tag and report the new tag number to the department within seven days of application.

(3) Licensees shall maintain current and accurate records for domesticated elk facilities, including:

(a) inventory of each domesticated elk at the facility, as required by Section 4-39-206;

(b) CWD laboratory results;

(d) sales of any elk.

(4) A licensed elk facility shall submit the death record of any domesticated elk 12 months of age or older to the department within:

(a) seven days after the discovery of the death of an animal on an elk farm; or

(b) 30 days after the discovery of the death of an animal on an elk ranch.

(5) During a physical inventory, the licensee shall humanely restrain each domesticated elk so a department employee can safely:

(a) record the RFID tag, visual tag, and sex of each elk; or

(b) apply identification tags; and

(6) For inventory reconciliation, the department shall consider a domesticated elk missing if an elk is not:

(a) present at the time of physical inventory; or

(b) reported as hunt killed, dead, or recaptured by an elk ranch.

(7)(a) The department shall calculate inventory compliance using the data from May 1 to April 30 and the formula;

(i) inventory compliance = (Total Documented Elk) / (Total Documented Elk + Missing Elk).

(b) The formula calculation shall use the following information:

(i) Total Documented Elk includes all elk accounted for through current inventory, elk moved out of the facility, hunt- killed elk, dead elk, including natural causes or euthanized, and slaughtered elk; and

(ii) Missing Elk refers to any elk from departmental records absent during physical inventory and not reported as hunt- killed, dead, slaughtered, or recaptured by an elk facility.

(8) The department may not renew the license of an elk facility with less than 95% inventory compliance for two consecutive years.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-7 Brand Inspections

(1) Licensees shall obtain a brand inspection for domesticated elk before any transfer of ownership, movement, or slaughter, as Section 4-24-307 requires.

(2) A licensee shall contact the Domesticated Elk Program manager to schedule the brand inspection.

(3) A licensee is exempt from the brand inspection requirement when moving elk between facilities under the same ownership but shall report the movement to the department within five days.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-8 Import Requirements

(1) A domesticated elk facility licensee shall obtain department approval and an entry permit from the state veterinarian's office, as required in Subsection 4-39-303(1), before importing live domesticated elk, eggs, or semen by submitting a complete Utah Domesticated Elk and Reindeer Import Application.

(2) The state veterinarian may require additional disease testing or quarantine for any import when there is reason to believe diseases, parasites, or other health concerns are present, and may also deny an import from a herd known to have certain infectious diseases.

(3) The state veterinarian may approve an exception to the international import restrictions found in Section 4-39-303, which may include quarantine.

(4) Except as approved by the state veterinarian, the department may not allow a herd of origin to import elk that:

(a) is a CWD-positive, a Trace Back, or a Trace Forward Herd; or

(b) have any animals infected with or exposed to meningeal worm, Johne's disease (paratuberculosis), CWD, or malignant catarrhal fever.

(5) A domesticated elk facility licensee shall submit a complete import application that includes:

(a) verification of information by the state or provincial animal health official in the state or province of origin;

(b) documentation of herd additions, deaths, and CWD testing from the previous 60 months from the herd of origin;

(d) denial by the department if the destination is not a licensed domesticated elk facility or official slaughter facility.

(6) Before importing domesticated elk, the herd of origin owner shall ensure each domesticated elk has official identification, receives parasite treatment, and completes all required brucellosis and tuberculosis testing, as further detailed in Subsection 4-39-303(2), including:

(a) applying an RFID tag and a unique visual tag to each elk;

(b) treating each elk for internal and external parasites with a product effective against Parelaphostrongylus tenuis (meningeal worm) within 60 days before entering Utah;

(i) the elk is imported from Canada; or

(ii) the elk is imported from the brucellosis Designated Surveillance Areas of Idaho, Montana, or Wyoming, or from a state not classified as brucellosis-free, and the herd does not provide proof of participation in the state brucellosis surveillance program; and

(d) complete tuberculosis testing within 90 days before entry, unless the elk is:

(i) from an accredited, qualified, or monitored US herd;

(ii) under six months of age and accompanied by a negative testing dam; or

(iii) sent directly to an official slaughter facility.

(6) After completing the required testing and inspection, the veterinarian inspecting the imported elk shall request an import permit from the department by submitting the required documentation.

(7) A domesticated elk facility may not import elk into Utah until the department approves and issues the import permit.

(8) Licensed domesticated elk facilities that import elk from east of the 100th meridian shall report to the department the deworming of the elk or the harvest or death of the animals per this rule and Section 4-39-303.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-9 Chronic Wasting Disease (CWD) Surveillance

(1) Each licensed elk facility shall submit both the obex portion of the brainstem and the medial retropharyngeal lymph nodes of any elk over 12 months of age that dies from any cause for testing for CWD by an official test at an approved laboratory, including:

(a) collecting and preserving the brainstem and lymph node samples in formalin within 48 hours following the animals' death;

(b) submitting the samples within seven days of collection for an elk farm and within 30 days of collection for an elk ranch to a laboratory approved by the state veterinarian; and

(2) A person authorized by the state veterinarian or an approved laboratory shall collect the samples. An authorized person shall:

(a) have training on collecting, storing, handling, shipping, and identifying specimens for submission; and

(b) submit 90% testable samples.

(c) If a state veterinarian authorized person does not submit 90% testable samples, they may lose their approval to collect samples and may require additional training.

(3) The department considers samples designated as "location," "unsuitable," or "insufficient follicles," and missing samples as untestable.

(4) To determine compliance with the CWD testing requirement, the department shall use the following formulas:

(a) for an elk farm:

(i) CWD Testing Compliance = (Dead Tested + Hunt Killed Tested + Slaughtered Tested) divided by (Missing + Total Dead + Total Hunt Killed Tested + Total Slaughtered);

(b) for an elk ranch:

(i) CWD Testing Compliance = (Dead Tested + Hunt Killed Tested + Slaughtered Tested) /(Missing + Dead + Hunt Killed + Slaughtered).

(5) An elk facility that does not have at least 90% testing compliance may conduct additional testing through slaughter or another protocol approved by the department to meet the testing compliance requirement before license renewal.

(6) If participating in the voluntary CWD Herd Certification Program, licensees shall:

(a) complete an annual application; and

(b) adhere to the USDA Chronic Wasting Disease Program Standards 2019 version requirements, which are incorporated by reference.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-10 Chronic Wasting Disease (CWD) Positive Herds

(1) Any person or laboratory that suspects or diagnoses CWD in a domesticated elk in Utah shall notify the state veterinarian immediately.

(2) The state veterinarian shall promptly investigate any domesticated elk reported as CWD-positive or CWD-suspect by:

(a) conducting an epidemiologic investigation that includes the designation of suspect domesticated elk and exposed domesticated elk and that identifies animals to be traced;

(b) performing traces to trace back and trace forward herds; and

(c) reporting any out-of-state traces to the appropriate state promptly after receipt of notification of a CWD-positive animal.

(3) Within 30 days of the date that a CWD-suspect or CWD-positive domesticated elk is reported to the department, the state veterinarian shall provide written notice to an owner of a domesticated elk facility of:

(a) the status of the animal disease traceability investigation, including any findings; and

(b) the owner's right to appeal.

(4) The state veterinarian shall develop a written herd plan for each elk facility with a CWD-positive animal or CWD- exposed animal, with input from the herd owner and USDA, to outline the steps to manage CWD on that facility.

(5) A herd plan shall require the herd owner to:

(a) immediately report any signs of central nervous system disease in herd animals to the state veterinarian; and

(b) maintain records of the acquisition and disposition of any animals entering or leaving the herd, including those that die from any cause.

(6) A herd plan may also contain additional requirements to prevent or control the spread of CWD, which include:

(a) requiring a facility to remain free of cervids for a specified time after removing CWD-positive, exposed, or suspect animals from the premises;

(b) requiring depopulation or selective culling of animals;

(d) establishing biosecurity requirements, including cleaning and disinfection.

(7) An elk owner may move elk from a positive farm to an elk ranch or official slaughter facility, and the elk owner shall ensure that:

(a) movements comply with Section R58-18-7; and

(b) elk moved to an official slaughter facility undergo CWD testing.

(8) The state veterinarian may revise a herd plan at any time in consultation with the herd owner in response to changes in the herd or premises, or improvements in understanding the nature of CWD epidemiology or techniques to prevent its spread.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-11 Dissolution of a Domesticated Elk Facility

(1) A domesticated elk owner shall remove all domesticated elk from the premises before dissolving a domesticated elk facility.

(2) The department or Division of Wildlife Resources shall remove any abandoned elk using lethal means.

(3) A domesticated elk owner shall dispose of carcasses by disposal in an approved landfill, incineration, or burial, in compliance with Section 4-34-103 and pay any costs associated with removing abandoned elk.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

Utah Admin. Code R58-18-12 Domesticated Elk Harvest Permits

(1) An elk ranch owner may purchase an elk harvest permit by submitting an order form and payment to the department.

(2) An elk ranch owner shall issue a permit to each hunter before hunting, who must possess it while hunting.

(3) Owners must complete the permit at harvest with all identification and the harvest date, and shall provide copies to:

(a) the department within 30 days;

(b) the hunter at the time of harvest; and

(4)(a) Harvest season is August 1 to December 31, with hunting permitted from 1/2 hour before sunrise to 1/2 hour after sunset.

(b) All US-raised domesticated elk must be harvested or recaptured by December 31 each year.

(5) After harvest and before the carcass leaves the ranch, the owner shall affix a tag to the carcass and antlers, and the tags shall remain affixed during transportation to a meat processor, taxidermist, or destination.

(6) For unused permits, an elk ranch owner:

(a) may exchange a permit for a new one without additional fee by providing the department with all copies of the unused permit;

(b) may return all copies of the unused permits to the department for a refund; or

(7)(a) An elk ranch may not sell domesticated elk meat.

(b) Permitted uses include consumption by the hunter, ranch owner, or their immediate family, employees, or guests, or donation as a charitable food item per Section 4-34-103.

History

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing
Date of Last Change: October 22, 2025
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)

R58-21 Trichomoniasis

Utah Admin. Code R58-21-1 Authority

(1) Promulgated under authority of Section 4-31-109.

(2) It is the intent of this rule to eliminate or reduce the spread of bovine trichomoniasis in Utah.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-2 Definitions

(1) "Acceptable media" means any Department approved media in which samples may be transferred and transported.

(2) "Approved slaughter facility" means a slaughter establishment that is either under state or federal inspection.

(3) "Approved test" means a test approved by the state of origination to diagnose trichomoniasis in bulls. If the state of origination has no approved test for the diagnosis of Trichomoniasis it shall mean one sample tested by a method approved by the department.

(4) "Bison" means a member of the species Bison. Bulls that are a cross of bison and cattle are considered cattle under this rule.

(5) "Brand" means a minimum of a 2 X 3 hot iron single character lazy V applied to the left of the tailhead of a bull, signifying that the bull is infected with the venereal disease, Trichomoniasis.

(6) "Bull" means any intact male of any of the domesticated cattle species.

(7) "Certified veterinarian" means a federally accredited veterinarian who has been certified by the Utah Department of Agriculture and Food to collect samples for Trichomoniasis testing.

(8) "Commuter bulls" means bulls traveling across state lines for grazing purposes while utilizing a Commuter Permit Agreement approved by both the respective State Veterinarians or bulls traveling on a Certificate of Veterinary Inspection where there is no change of ownership.

(9) "Dairy bull" means a bull of any breed used for reproductive purposes on a dairy that is confined in such a way that it does not have exposure to female cattle of other herds. The dairy shall have fencing that is impenetrable by a bull.

(10) "Department" means the Utah Department of Agriculture and Food.

(11) "Exposed to female cattle" means bulls with freedom from restraint such that breeding is a possible activity.

(12) "Feeder Bulls" means bulls not exposed to female cattle and kept in confinement for the purpose of feeding and only go to slaughter.

(13) "Negative bull" means a bull that has been tested with official test procedures and an approved laboratory has not detected Tritrichomonas foetus.

(14) "Official tag" means a tag authorized by the department that is placed in the right ear of a bull by a certified veterinarian after being tested for Trichomoniasis. The color of the official tag shall be changed yearly.

(15) "Official test" means a test currently approved by the department for detection of Tritrichomonas foetus.

(16) "Positive bull" means a bull that has been tested with official test procedures and found to be infected by Tritrichomonas foetus.

(17) "Positive herd" means any herd or group of cattle owned by one or more persons that shares common grazing or feeding operations and in which one or more animals has been diagnosed with Trichomoniasis.

(18) "Qualified feedlot" means a feedlot approved by the Utah Department of Agriculture and Food to handle cattle confined to a dry lot area that is used to upgrade or finish feeding animals going only to slaughter.

(19) "Test chart" means a document which certifies that a bull has been subjected to an official test for Trichomoniasis and indicates the results of the test.

(20) "Trichomoniasis" means a venereal disease of bovidea caused by the organism Tritrichomonas foetus.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-3 Trichomoniasis - Sampling and Testing Procedures

(1) Sample collection - Samples are obtained by a certified veterinarian via a vigorous scraping of the bull's prepuce using a sterile syringe and new pipette on each bull.

(2) Sample handling - Samples shall be transferred and transported in an approved transfer tube. Media should be maintained at 65 to 90 degrees Fahrenheit,18 to 32 degrees Celsius, during sampling and transport to clinic. Samples shall be set up for incubation within 24 hours of sampling. Samples shall also be protected from direct sunlight.

(3) Polymerase Chain Reaction (PCR) testing - The inoculated media shall be incubated at 98 degrees Fahrenheit, 37 degrees Celsius, for 24 hours and then frozen. Samples may remain frozen for up to 3 weeks. Samples from herds under investigation or quarantine shall be mailed within 72 hours. The frozen sample shall be sent overnight on postal approved frozen packs to the Utah Veterinary Diagnostic Laboratory at 950 East 1400 North, Logan, Utah 84341 or a laboratory approved by the State Veterinarian for PCR testing.

(4) Pool samples- At the State Veterinarian's discretion, herds at high risk or under investigation for Trichomoniasis may be required to have individual bull tests.

(5) Test results shall be recorded on test charts provided by the department.

(6) Test charts shall have the following information:

(a) veterinarian's name and contact information;

(b) owner's name and contact information;

(d) the date of collection; and

(e) the finalized test results.

(7) A copy of each test chart shall be submitted to the department within seven days of receiving the results.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-4 Trichomoniasis - Rules - Resident Cattle

(1) Resident Bulls- Bulls twelve months of age and older residing in Utah and commuter bulls shall be tested with an official test for trichomoniasis annually, between October 1 and May 15 of the following year, or prior to exposure to female cattle according to approved sampling and testing procedures. Each bull shall be classified as a negative bull prior to exposure to females or offer for sale.

(2) Resident dairy bulls are exempt from Trichomoniasis testing requirements unless they are being offered for sale or have had exposure to female cattle from another herd.

(3) Each bull twelve months of age and older being offered for sale or lease for reproductive purposes in the state of Utah shall be tested for Trichomoniasis with an official test prior to sale. Each bull that has had contact with female cattle subsequent to testing must be re-tested prior to sale, lease, or transfer of ownership.

(4) It shall be the responsibility of the owner or his agent to declare to the brand inspector whether the bull has been exposed to female cattle subsequent to testing on any bulls offered for breeding purposes regardless of whether the tag is current or not. This includes any bull offered for sale through an auction, private treaty or lease.

(a) Untested bulls, including dairy bulls, must be sold for slaughter only or for direct movement to a qualified feedlot.

(b) Auctions shall have a separate pen for untested bulls where they do not have exposure to female cattle being sold for reproductive purposes.

(5) Any bull that has strayed and commingles with female cattle may be required to be tested or re-tested for Trichomoniasis. The owner of the offending bull shall bear the costs for the official test.

(6) Utah bulls that are tested shall be tagged with an RFID tag and with an official Trichomoniasis tag by the certified veterinarian performing the test.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-5 Trichomoniasis - Rules -- Imported Cattle

(1) Imported Bulls- Bulls twelve months of age and older entering Utah, including dairy bulls, shall be tested with an approved test for Trichomoniasis by an accredited veterinarian approved to collect samples for Trichomoniasis by the state animal health official in the state of origin prior to entry into Utah with the following exemptions:

(a) each bull going directly to slaughter or to a qualified feedlot;

(b) each rodeo bull for the purpose of exhibition that will return immediately to the state of origin after the event; and

(c) each bull attending livestock shows for the purpose of exhibition only return immediately to the state of origin after the event.

(2) Rodeo and exhibition bulls with access to grazing, exposure to female cattle, remaining in the state for more than one event, or being offered for sale are required to be tested prior to entry.

(3) Each bull that has had contact with female cattle subsequent to testing shall be retested prior to entry.

(4) Reproductive bovine females- No female bovine of breeding age originating from a known positive Tritrichomonas foetus herd will be allowed to enter Utah with the following exemptions:

(a) cattle from a premises of origin with two consecutive negative official Trichomoniasis PCR tests of the entire bull population and the cattle have not been exposed to positive or unknown status bulls since parturition, are at least 120 days pregnant, or are known virgin heifers;

(b) cattle who are documented to have had at least 120 days of sexual isolation; or

(5) Each bull entering the state under the provisions of this rule may be tagged upon arrival by a certified veterinarian upon receipt of the Trichomoniasis test charts from the testing veterinarian.

(6) Each bull that bears a current Trichomoniasis test tag from another state that has an official Trichomoniasis testing program will be acceptable for entry into the state providing that they meet Trichomoniasis testing requirements as described above.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-6 Trichomoniasis - Rules - Positive Herd

(1) Upon diagnosis of Tritrichomonas foetus in a herd, a quarantine shall be placed and a Trichomoniasis Herd Plan shall be set by the State Veterinarian. The State Veterinarian may require additional testing of bulls, pregnancy testing of females, segregation of cattle within a herd, and may quarantine a herd until the owner or manager of the herd has complied with any additional requirements set forth by the State Veterinarian and until the State Veterinarian releases the quarantine.

(2) Each bull testing positive for Trichomoniasis shall be reported by the certified veterinarian performing the test within 48 hours to the owner of the animal and the State Veterinarian.

(3) Any veterinarian that discovers an infected herd shall immediately place the herd under a hold order. Results on follow- up tests on herd bulls shall be reported within 24 hours to the State Veterinarian.

(4) A herd owner notified by a certified veterinarian of a positive bull shall, within ten days:

(a) notify the administrators of the common grazing allotment;

(b) notify any neighboring cattleman whose property shares a fence line with the property that contains the positive herd; and

(5) Each bull that tests positive for Trichomoniasis shall be sent by direct movement within 14 days, t o:

(a) slaughter at an approved slaughter facility;

(b) to a qualified feedlot for finish feeding and slaughter; or

(6) An exemption to the 14-day requirement may be given by the State Veterinarian to owners of bulls that are required to be in a drug withdrawal period prior to slaughter.

(7) If an owner releases any cattle from the herd to a slaughter channel, the owner shall provide documentation on a department Movement of Cattle from a Trichomoniasis-Positive Herd form to the State Veterinarian within 72 hours stating the animals arrived at the slaughter channel. A VS 1-27 Form shall also be completed for cattle moving out of the state by a federally-accredited veterinarian. Exposed cattle are to be kept separate and apart from cattle of the opposite sex. The exposed cattle will remain under quarantine until moved to slaughter.

(8) Each positive bull entering a qualified feedlot or approved auction market shall be identified with a lazy V brand on the left side of the tailhead by either the livestock inspector or the contract veterinarian, indicating that the bull is infected with Trichomoniasis.

(9) Each bull from a positive herd is required to have one additional individual negative Polymerase Chain Reaction (PCR) test prior to exposure to female cattle. Bulls that are being sent to an approved auction for slaughter, or to a qualified feedlot without exposure to female cattle are not required to be tested, but shall be branded with a lazy V brand on the left side of the tailhead.

(10) Each female over 12 months of age not known to be a virgin heifer from a positive Tritrichomoniasis foetus herd may be sold for slaughter or feeding or may be quarantined on the premises of origin. Each female leaving the herd shall be accompanied by a department Movement of Cattle from a Utah Trichomoniasis-Positive Herd form.

(11) Each female may be released from quarantine if the animal:

(a) has a calf at side with no exposure other than to known negative Tritrichomonas foetus bulls after parturition;

(b) has been in 120 days of isolation from breeding-age bulls; or

(12) The owner of the positive herd shall assist the State Veterinarian in determining the destination of all non-virgin female cattle sold after the previous year's trichomoniasis test. The State Veterinarian shall undertake all reasonable efforts to notify the recipients of those cattle.

(13) Except as otherwise provided in this section, the owner of an infected herd shall not lease or transfer ownership of any bull, cow, or heifer that is 12 months of age or older from the herd during a period in which the herd is under quarantine.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

Utah Admin. Code R58-21-7 Trichomoniasis - Rules - Non-compliance

(1) Any person who fails to satisfy the requirements of this rule or who knowingly sells animals infected with Trichomoniasis, other than to slaughter, without declaring their disease status shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department.

(2) After May 15 each year, owners of untested bulls will be fined $1,000.00 per violation.

(3) Regardless of the time of year, owners of untested bulls that have been exposed to female cattle will be fined $1,000.00 per violation.

(4) Owners of any dairy bull or bison bull that has been exposed to female cattle from other herds will be fined $1,000.00 per violation.

(5) Owners receiving a citation shall test their bull and provide proof of the testing to the department within 30 days of receipt of the citation or an additional penalty or fine may be levied.

History

KEY: disease control, trichomoniasis, bulls, cattle
Date of Last Change: June 4, 2021
Notice of Continuation: November 25, 2024
Authorizing, and Implemented or Interpreted Law: 4-31-21

R58-22 Equine Infectious Anemia (EIA)

Utah Admin. Code R58-22-1 Authority

Promulgated under the authority of Section 4-31-109, and Subsections 4-2-103(1)(c), and 4-2-103(1)(i).

The intent of this rule is to eliminate or reduce the spread of Equine Infectious Anemia among equines by providing a protocol for testing and handling of equines infected and exposed to Equine Infectious Anemia.

History

KEY: inspections
Date of Last Change: April 21, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(c); 4-2-103(1)(j)

Utah Admin. Code R58-22-2 Definitions

(1) "Accredited Veterinarian" means a veterinarian approved by the Deputy Administrator of the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) in accordance with 9 CFR Part 161.

(2) "EIA test" means the Agar Gel Immuno-diffusion (AGID) or ELISA test for diagnosis of EIA.

(3) "Equine" means any animal in the family Equidae, including horses, donkeys, mules, ponies, and Zebras.

(4) "Equine Infectious Anemia (EIA)" means an infectious disease of equines caused by equine infectious anemia virus (EIAV).

(5) "Exposed Animals" means any equines that may have been exposed to EIA by reason of association with the affected animal.

(6) "Official test" means any laboratory test for diagnosis of EIA that is approved by and produced under a license of USDA, APHIS, VS and conducted in a USDA approved laboratory.

(7) "Reactor" means any equine that has been subjected to an official laboratory test whose result is positive for EIA and confirmed by the USDA National Veterinary Services Laboratory.

History

KEY: inspections
Date of Last Change: April 21, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(c); 4-2-103(1)(j)

Utah Admin. Code R58-22-3 Equine Infectious Anemia - Rules - Prevention and Control

(1) The State Veterinarian shall have authority to conduct or supervise testing at an official laboratory to diagnose EIA and to quarantine and order disposition of any individuals or herds that are found to be positive for EIA, for the control and elimination of EIA, as granted under Section 4-31-115.

(2) Personnel authorized to submit samples, approved laboratories, and official tests shall be those identified in the January 10, 2007 edition of the USDA Equine Infectious Anemia Uniform Methods and Rules and is incorporated by reference in this rule.

(3) Procedures for handling equines that are classified as reactors.

(a) Quarantine - When an equine has a positive result on an official test for EIA, the animal shall be placed under quarantine within 24 hours after positive test results are known and a second, confirmatory, test shall be performed under the direction of the State Veterinarian. The equine shall remain in quarantine until final classification and disposition are made. Equines that have been located within 200 yards of the infected animal shall be quarantined and tested also.

(b) Euthanasia and disposal - Once an equine has been classified as a reactor, it must be removed from the herd by euthanasia. Euthanized animals shall be properly disposed of in accordance with local and state law.

(c) After a reactor is removed from a herd, testing of any exposed equines for EIA must be repeated at no less than 45 day intervals until any remaining equines on the premise test negative. At this time, the quarantine may be removed.

History

KEY: inspections
Date of Last Change: April 21, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(c); 4-2-103(1)(j)

Utah Admin. Code R58-22-4 Importation of Equines

Equines imported to Utah shall be in compliance with Section R58-1-6.

History

KEY: inspections
Date of Last Change: April 21, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(c); 4-2-103(1)(j)

R58-23 Equine Viral Arteritis (EVA)

Utah Admin. Code R58-23-1 Authority

(1) Promulgated under the authority of Section 4-31-109, and Subsection 4-2-103(1)(i).

(2) This rule intends to eliminate or reduce the spread of Equine Viral Arteritis among equids by providing a protocol for the handling of equids and semen infected or exposed to Equine Arteritis Virus.

History

KEY: Equine Viral Arteritis (EVA), inspections
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(l)(i)

Utah Admin. Code R58-23-2 Definitions

(1) "Approved Facility" means a facility that has currently written approval from the State Veterinarian to house and breed a carrier stallion or receive positive semen in Utah.

(2) "Approved Laboratory" means a state, federal, or private laboratory that has been approved for EVA testing by the State Veterinarian.

(3) "Carrier Stallion" means a clinically normal stallion that sheds EAV continuously in its semen.

(4) "Equine or Equid" means any animal in the family Equidae, including, horses, donkeys, mules, ponies, and zebras.

(5) "Equine Viral Arteritis (EVA)" means an infectious disease of equids caused by Equine Arteritis Virus (EAV).

(6) "Equine Arteritis Virus (EAV)" means the virus that causes Equine Viral Arteritis.

(7) "EVA Positive" means an equid who has been identified as having tested positive for EAV.

History

KEY: Equine Viral Arteritis (EVA), inspections
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(l)(i)

Utah Admin. Code R58-23-3 Importation of EVA Positive Equids and Semen

(A) Any equids imported into Utah shall be in compliance with Section R58-1-6.

History

KEY: Equine Viral Arteritis (EVA), inspections
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(l)(i)

Utah Admin. Code R58-23-4 Handling of EVA Positive Equids and Semen

(1) Any stallion used for breeding purposes identified as EVA positive shall have their semen tested at an approved laboratory before the breeding of the stallion.

(2) Any carrier stallions used for breeding purposes shall be housed and maintained at an approved facility until permission from the State Veterinarian is given to move the stallion to another approved facility.

(3) Any EVA infected semen shall only be collected, handled, evaluated, received, packaged, or administered in an approved facility.

(4) The State Veterinarian may require testing of any stallion suspected of being exposed to EAV.

History

KEY: Equine Viral Arteritis (EVA), inspections
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(l)(i)

Utah Admin. Code R58-23-5 Requirements for an Approved Facility

(1) Any equids, including stallions, mares, and geldings, on approved facilities shall be vaccinated for EVA no less than 21 days before the start of the breeding season or no less than 21 days before arriving at an approved facility.

(2) Mares being bred to a carrier stallion, or inseminated with semen from a carrier stallion, shall remain in the approved facility for a minimum of 21 days after the initial breeding date.

(3) Adequate biosecurity precautions shall be in place during the breeding season. The adequacy of biosecurity may be monitored periodically by the Department.

History

KEY: Equine Viral Arteritis (EVA), inspections
Date of Last Change: April 7, 2023
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(l)(i)

R58-25 Aerial Hunting Permits and Licenses

Utah Admin. Code R58-25-1 Authority and Purpose

Pursuant to Utah Code 4-23-106(7), this rule establishes a system for the issuance of aerial hunting permits to protect livestock from predatory animals, establishes the duties of a permittee, and the licensing qualification and requirements for the pilot and the aircraft to be used in aerial hunting.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-2 Definitions

"Aerial hunting" means the use of any aircraft by a private person to harass, injure, or destroy a predatory animal for the protection of land, water, livestock, domestic animals, human life, or crops.
"Aerial shooter" means a permittee or an agent of the permittee engaged in the hunting or shooting of a predatory animal from an aircraft.
"Aircraft" means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air.
"Department" means the Utah Department of Agriculture and Food.
"Predatory animal" means any coyote.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-3 Permit Application

A private person who engages in the aerial hunting of any bird, fish, or other animal, including a predatory animal shall first obtain a permit from the department.
An applicant seeking an aerial hunting permit shall submit the following to the department:

a) a completed application form provided by the department;

b) the name of the individual(s) to be engaged as the aerial shooter; and

c) name and department's licensing number of the pilot to be used.

An applicant shall further submit to the department:

a) written consent from each private landowner on whose property the applicant plans to conduct aerial hunting operations;

b) a signed statement affirming the permittee, or any aerial shooter engaged by the permittee is not a restricted person as defined in Utah Code 76-10-503.

An application is not considered complete until the application fee, as approved by the legislature in the fee schedule, has been paid to the department.
The department shall deny any applicant who does not submit all required information.
The department shall deny any applicant who does not meet the qualification of Utah Code 4-23-106(6).
The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.
The department shall respond to an application within 15 days.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-4 Licensing for Pilots

A pilot shall be licensed by the department before engaging in aerial hunting activities.
An applicant seeking a license as an aerial hunting pilot shall submit the following to the department:

a) a completed application form provided by the department;

b) proof of a current pilot's license;

c) proof of having 200 total flying hours;

d) a copy of the current registration with the Federal Aviation Administration or the Utah Division of Aeronautics for any aircraft, intended to be used in aerial hunting;

e) proof of aviation insurance with a minimum liability coverage amount no less than $250,000; and

f) date and class of the most recent flight medical exam.

A pilot shall have a private pilot's license as a minimum rating to qualify for licensure with the department.
An application is not considered complete until the application fee, as approved by the legislature in the fee schedule, has been paid to the department.
The department shall deny any applicant who does not submit all required information.
The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.
The department shall respond to an application within 15 days.
A license shall be valid form July 1 st through June 30 th .
A license shall be renewed yearly.
The department may deny renewal, if the licensee is not fully qualified or has failed to maintain qualification in anyway during the previous license period.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-5 Terms of the Permit or License

A permittee or licensee shall only engage in aerial hunting in the geographic area specified on the permit.
The permit and licenses shall be in the possession of the permittee or licensee when engaged in the activities covered by the permit.
Permits are not transferable.
The permittee shall file semi-annual reports with the department.
The department shall be notified by the permittee of any changes to aircraft, pilots, geographic locations, or shooters not previously listed on the application within 5 days.
The Department shall issue an amended permit within 15 days of receiving notification of changes as specified in R58-25-5(5).
Information concerning aerial hunting activities conducted by the permittee shall be provided to those federal land management agencies on whose land the activities are to be conducted by the permittee. This provision shall not be interpreted to require a permit applicant to obtain permission from the federal land management agency to conduct aerial hunting activities as a condition of receiving the permit from the department.
The permittee shall coordinate aerial hunting activities with U.S.D.A., A.P.H.I.S., Wildlife Services and the Utah Division of Wildlife Resources.
The permittee shall comply with all applicable federal and state laws and regulations.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-6 Permit Duration and Renewal

Aerial hunting permits shall be valid for a 12- month period from July 1 st through June 30 th .
A permittee shall renew their permit each year.
The department may deny a renewal for noncompliance.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-7 Recordkeeping

Semi-annual reports are due to the department within 30 days after June 30 and December 31 of each year.
The department may request more reports as needed.
The permittee shall report, on a form provided by the department, the following information:

a) the resource protected;

b) the number of predatory animals taken;

c) the geographic location of the property where aerial hunting activity was conducted; and

d) the specific dates on which the person was engaged in aerial hunting activity.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-8 Violations

No person shall:

a) use an aerial hunting permit to hunt for sport;

b) transfer an aerial hunting permit to another person;

c) engage in aerial hunting activities in a geographic area different from the area specified on the permit;

d) engage in aerial hunting activities after the time when the permittee may graze or run livestock on the land;

e) engage in aerial hunting activities after the time limit on the permit expires;

f) violate regulations established by the Federal Aviation Administration or any other federal law or regulation; or

g) use an aerial hunting permit take protected wildlife, as defined in Section 23-13-2, without written authorization from the Division of Wildlife Resources.

A person engage in aerial shooting shall not use an automatic weapon.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-9 Revocation, Suspension, or Modification of Permit

Failure to comply with the rules or statutes governing aerial hunting will result in suspension or revocation of the permit.
The department shall close an aerial hunting area upon receipt of written request from the landowner, administrator, or lessee.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

Utah Admin. Code R58-25-10 Condition of Licensure or Permit

An applicant for a permit or license shall agree to sign a hold harmless agreement prior to receiving a permit or a license.

History

KEY: aerial hunting, coyote, predator control
Date of Last Change: February 24, 2020
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: 4-23-106(7)

R58-26 Custom Exempt Slaughter Verification of Ownership

Utah Admin. Code R58-26-1 Authority and Purpose

This rule is required by Section 4-24-304(2)(b) that allows the department to authorize a custom exempt slaughter facility or farm custom slaughter licensee to verify ownership of cattle, calves, horses, or mules before slaughter for the owner's use. Verification of ownership under this rule may be in addition to or equivalent to the brand inspection required in Section 4-24-304(1).

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-2 Definitions

"Amenable species" means livestock, including cattle, sheep, goats, swine, or equine.
"Department" means the Utah Department of Agriculture and Food.
"Custom exempt slaughter" means:

a) slaughtering an amenable species or nonamenable species as a service for the person who owns the amenable species or nonamenable species and uses the slaughtered amenable species or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or

b) the slaughter of a nonamenable species intended for wholesale or retail sale.

c) "Custom exempt slaughter" includes farm custom slaughter.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-3 Permit to Verify Ownership Created

Pursuant to Section 4-24-304(2), a custom exempt slaughter facility licensed under R58-13 or farm custom slaughter licensee licensed under R58-11-3 is eligible to receive a permit from the department to verify ownership of livestock.
A permit exempts a facility or licensee from requiring a certificate of brand inspection prior to slaughter, provided they follow the requirements of this rule.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-4 Permit Requirements

To obtain a permit to verify ownership of livestock, an eligible farm custom slaughter licensee or custom exempt slaughter facility shall:

a) possess a valid license pursuant to R58-11-3 or R58-13 in good standing with the department;

b) attend annual training arranged by the department to be educated on the areas of compliance required under the permit;

c) sign an acknowledgement agreeing to abide by state law and this rule; and

d) pay a fee to the department, as set forth in the fee schedule approved by the legislature.

A permittee subject to this rule shall:

a) comply with all state laws and rules pertaining to the operation of a farm custom slaughter permit;

b) verify ownership of an animal for farm custom slaughter purposes only;

c) collect the following fees:

i) a minimum cattle inspection certificate fee per owner or producer;

ii) a fee per head for beef promotion;

iii) a fee per head for predator control; and

iv) a fee per farm custom slaughter "Not for Sale" tag;

d) remit all fees collected to the department monthly by the tenth day of the month;

e) complete a farm custom slaughter report that includes the following information:

i) the owner's contact information, including name, address, and phone number;

ii) the number of cattle slaughtered;

iii) the number of inspection certificates and "Not for Sale" tag numbers issued; and

iv) each fee collected; and

f) submit the report, along with the original copy of each inspection certificate issued and "Not for Sale" tag receipt, to the department by the tenth day of each month.

For the purpose of this rule, a document or fee is remitted or submitted to the department by the tenth day of the month if it is physically received in the office of the department by the tenth day of each month.
A permittee that follows the requirements of Subsection 58-26-4(2) shall be designated by the department as an official agent to verify ownership of the animal for farm custom slaughter purposes only.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-5 Audit and Retention of Records

A permittee subject to this rule shall agree to retain each record pertaining to their permit and verification of ownership of cattle for a period of three years.
Retained records shall include the farm custom slaughter report and associated documentation.
Each record shall be made available for review and audit by the department on a quarterly basis, or more frequently if needed.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-6 Permit Term

The term for a permit under this rule shall be from January 1 through December 31.
The permit shall expire unless it is renewed prior to December 31 of each year.
Permit renewal shall require that the permittee: a) remain eligible to receive an ownership verification permit and have a valid license pursuant to R58-11(1) or R58-13;

b) is in good standing with the department;

c) attend annual training arranged by the department, pursuant to R58-26-4(1)(b);

d) sign an acknowledgement agreeing to abide by program rules; and

e) pay a renewal fee, as outlined in the fee schedule approved by the legislature.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-7 Verification of Ownership

A permittee shall verify the ownership of an animal prior to slaughter.
Prior to slaughter the permittee shall ensure:

a) the animal bears the registered brand or mark owned by the owner of the animal;

b) if no brand or mark appears on the animal, other evidence of ownership is shown; or

c) the permittee has a valid brand certificate issued by a department brand inspector.

Verification of ownership shall occur during daylight hours.
A permittee shall consult with the department if the permittee is unsure of or cannot verify ownership of the animal presented for custom exempt slaughter.
A permittee shall record the number, sex, and breed of animal, with the owner's name.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-8 Violation

It is a violation of this rule if a permittee:

a) fails to submit a farm custom slaughter report, required documentation, and fees collected pursuant to R58-26-4(2)(c) by the tenth of each month;

b) does not perform verification of ownership to the standards established by the department in R58-26-7(2); including:

c) if the permittee fails to conduct the verification of ownership during daylight hours;

d) if the permittee does not record the number, sex, breed, and brand or mark on each animal inspected together with the owner's name;

e) if the permittee does not contact the department if they are unsure of or cannot verify ownership of an animal presented for custom exempt slaughter; or

f) if the permittee accepts breed papers alone as proof of ownership.

If a permittee is found in violation of this rule:

a) the department will verify ownership for farm custom slaughter purposes;

b) the permittee shall have their permit withdrawn;

c) the department may revoke or suspend the permittee's farm custom slaughter license or custom exempt slaughter facility license; and

d) the permittee may be subject to a penalty.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

Utah Admin. Code R58-26-9 Penalties

The department shall use a penalty matrix to determine an appropriate penalty for violation of this rule.
The department shall calculate each penalty based on the level of violation and the adverse effect or potential adverse effect at the time of the incident giving rise to the violation.
The median penalty shall be assessed unless a proportionate adjustment is warranted or there is an aggravating or mitigating factor present.
The department may consider a circumstance enhancing or reducing the penalty based on the seriousness of the violation.
An aggravating and mitigating factor could include the following:

a) the number of separate alleged violations contained within a single notice of intent;

b) the magnitude of the harm, or potential harm, including quantity or degree caused by the violation;

c) the similarity of the current alleged violation to a violation committed by the permittee previously; or

d) the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

The department will review past violation trends annually, and update the penalty matrix based on compliance history.
A copy of the penalty matrix will be made available from the department upon request.

History

KEY: livestock, ownership verification, farm custom slaughter
Date of Last Change: July 7, 2020
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-24-304(2)(b)

R58-27 Aquaculture, Brokering, Aquatic Animal Processing, and Fee Fishing Licensing

Utah Admin. Code R58-27-1 Authority and Purpose

(1) This rule is promulgated under the authority of Section 4-37-101, Subsection 4-2-103(1)(i), and Section 4-37-503.

(2) This rule establishes a program for the licensing of fee fishing facilities, aquaculture facilities, aquatic animal brokering, and aquatic animal processing facilities.

(3) Persons engaged in operations listed in Section R58-17-4 must comply with:

(a) Rule R58-17; and

(b) the rules for site selection and species control under the department pursuant to Subsections 4-37-201(3), 4-37- 301(3), and Department of Natural Resources Rule R657-3.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-2 Definitions

(1) "Aquaculture" means the controlled cultivation of aquatic animals. In this rule, the word "aquaculture" refers to commercial aquaculture.

(2) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture.

(a) "Aquaculture facility" does not include any public aquaculture facility, private fishpond, or fee fishing facility, as defined in this rule.

(3) "Aquatic animal" means an individual or gamete of any species of fish, mollusk, crustacean, or amphibian.

(4) "Aquatic animal processing plant" means a facility, grocery store, processing plant, or other facility pursuant to Subsection R58-27-4(3) that receives live or dead aquatic animals to produce food products that are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.

(5) "Aquatic reselling" is an activity permitted by a Fish Health Policy Board issued variance. The aquatic reselling variance permits a health approved aquaculture facility to acquire and culture aquatic animals from another health approved source and to sell the aquatic animals live without obtaining a facility health approval for that aquatic animal.

(6) "Brokers" or "aquatic animal brokering" means the practice where an aquaculture facility with health approval facilitates the buying, selling, exchanging, or transferring of live aquatic animals between a health approved facility and a stocking destination pursuant to Section R58-17-10. Brokered animals are directly transferred from the source to the destination and do not enter the waters of the broker's facility.

(7) "Certificate of Registration (COR)" means an official document that licenses facilities and events with the division .

(8) "Department" means the Utah Department of Agriculture and Food with appropriate regulatory responsibility pursuant to Section R58-27-4 in accordance with the Sections 4-2-103, 4-37-104, and 4-37-109.

(9) "Division" means the Utah Division of Wildlife Resources in the Department of Natural Resources with the appropriate regulatory responsibility pursuant to Rule R657-3 and Rule R657-59 in accordance with the Sections 23-14-1 and 4- 37-105.

(10) "Entry Permit" means an official document issued by the department that grants permission to the permit holder to import aquatic animals into Utah pursuant to Section R58-17-12. An entry permit is issued for up to 30 days and stipulates the species, size or age, weight, and source of aquatic animals to be imported.

(11) "Fee fishing facility" means a body of water used for holding or rearing aquatic animals for providing fishing for a fee or for pecuniary consideration or advantage pursuant to Sections 4-37-103 and R58-27-12. Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, shall be licensed as separate facilities regardless of ownership.

(12) "Health approved" or "Health approval" means a health inspection was conducted in a manner that provides statistical assurance that specific pathogens are not present in a facility or population of aquatic animals.

(13) "Health inspection" means an on-site inspection by a certified inspector for each facility, brood stock location, or free range location in accordance with Section R58-17-5 and the Aquatic Animal Health Inspection Policy.

(14) "Import" "importation" means to bring live aquatic animals, by any means into Utah from any location outside the state and to subsequently possess and use them for any purpose.

(15) "Institutional aquaculture" means aquaculture engaged in by any institution of higher learning, school, or other educational program.

(16) "License" means an official document issued by the department authorizing the importation, transportation, and possession of aquatic animals for use at fee fishing and aquaculture facilities.

(17) "Live Marine Seafood" means a member of any species of mollusk or crustacean that spends its entire life cycle in a marine environment and is marketed as live animals for human consumption such as lobster, crab, oyster.

(a) "Live Marine Seafood" does not include:

(i) freshwater or marine shrimp including mantis shrimp;

(ii) anadromous aquatic animal species;

(iii) species that temporarily or permanently reside in brackish water; and

(iv) aquatic animal species listed as prohibited or controlled in Sections R657-3-22 and R657-3-23.

(18) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is sold in the United States' aquarium industry for display.

(19) "Ornamental aquatic animal species" does not include:

(a) sport fish -- aquatic animal species angled or harvested for recreation or sport;

(b) baitfish -- aquatic animal species authorized for use as bait in Section R657-13-12, and any other species used by anglers as bait in sport fishing;

(d) native species;

(e) aquatic animal species prohibited for importation or possession by any state, federal, or local law; or

(f) aquatic animal species listed as prohibited or controlled in Sections R657-3-22 and R657-3-23.

(20) "Private fish pond" means a body of water where privately owned aquatic animals are propagated or kept for a private, non-commercial purpose and does not include any aquaculture facility or fee fishing facility.

(21) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for the controlled cultivation of aquatic animals by the division, the U.S. Fish and Wildlife Service, or an institution of higher education. Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate public aquaculture facilities.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-3 Penalties

Any violation of or failure to comply with this or any specific requirement contained in a COR or entry permit issued pursuant to this rule may be grounds for issuance of citations, levying of fines, revocation of the COR, or denial of future certificates of registration pursuant to Subsections 4-2-103(1)(f) and 4-2-304(1), as determined by the commissioner of the department.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-4 Licensing and Certificate of Registration (COR) Requirements

(1) Fee fishing. A license, issued by the department, is required before a person may operate a fee fishing facility.

(2) Aquaculture Facility. An aquaculture license, issued by the department, is required to operate an aquaculture facility.

(3) Aquatic Animal Processing Plants, Markets, and Restaurants.

(a) An aquaculture license, issued by the department, is required to hold live fish, amphibians, shrimp, freshwater mollusks or freshwater crustaceans at aquatic animal processing plant markets, or restaurants. Fish, amphibians, shrimp, freshwater mollusks, and freshwater crustaceans that are held live at processing plants, markets, or restaurants are subject to Rule R58-17.

(b) Aquatic animal processing plants and markets shall be registered with the department under the Title 4, Chapter 5, Utah Wholesome Food Act. Aquatic animal processing plants and markets shall meet the department's Division of Regulatory Services requirements before an aquaculture license to hold live and sell dead aquatic animals is issued.

(4) An aquaculture license is not required to import, possess, or transfer a live marine seafood, provided it is imported and possessed for the singular purposes of immediate human consumption if the seafood is:

(a) possessed no longer than 30 days from the date of importation;

(b) acquired from a lawful source and documentation of purchase is retained;

(d) imported and possessed in compliance with applicable state and federal laws, including the importation and possession requirements in Subsection R657-3-11(8).

(5) A COR, issued by the division, is required for operation of the following activities in Utah unless otherwise exempt from COR requirements under Rules R657-3 and R657-59:

(a) public aquaculture facilities;

(b) private fishponds and private aquaponic facilities;

(d) short term fishing events under;

(e) private stocking under; and

(f) displays under.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-5 Qualifying Waters, and Species Allowed

(1) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, shall be licensed as separate facilities regardless of ownership.

(2) The department shall coordinate with the division:

(a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and

(b) in determining which species, aquaculture, and fee fishing license holders may propagate, possess, transport, or sell.

(3) The department shall list the species and reproductive capacity of aquatic animals the aquaculture and fee fishing license holder may propagate, possess, transport, or sell.

(a) The department may only list those species and reproductive capabilities of aquaculture products authorized by the division or the Wildlife Board on the license.

(b) The department shall monitor sales receipts from aquaculture facilities to ensure that live transfers were authorized by a license issued by the department, a COR issued by the division, or permissible by division rules.

(4) Except as provided in Subsection R58-27-5(5), an aquaculture facility or a fee fishing facility may not be developed on:

(a) a natural lake;

(b) a natural flowing stream; or

(5) The division may authorize the department to issue a license for an aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining:

(a) the facility and inlet source of the facility neither contain wild game fish nor are likely to support such species in the future;

(b) the facility and the facility's intended use will not jeopardize conservation of aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;

(c) the facility is properly screened as provided in Subsection 23-15-10(3)(c) and otherwise in compliance with the requirements of Rule R58-17, the rules of the Wildlife board and applicable law; and

(d) the facility is not vulnerable to flood or high-water events capable of compromising the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters of the state.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-6 Screens Required

(1)(a) Any permanent and intermittent inlets and outlets of aquaculture and fee fishing facilities shall be screened to prevent the movement of aquatic wildlife into the facility or the escapement of any aquaculture product from the facility into public waters.

(b) Any aquaculture product that escapes an aquaculture facility or fee fishing pond is considered aquatic wildlife for the purposes of licensing requirements, bag limits, and allowable methods of take.

(2) Screens shall meet the following criteria:

(a) the screen shall be constructed of durable materials that are capable of maintaining integrity in a water and air environment for an extended period;

(b) the screen shall have no openings, seams, or mesh width greater than the width of the fish being cultured or stocked;

(c) any water entering or leaving the pond, including runoff and other high-water events, shall flow through a screen consistent with the requirements of this subsection; and

(d) the screen shall be maintained and in place while any aquaculture product remains in the pond.

(3) The department or the division may make site visits to:

(a) determine the suitability of the site, escapement risk, and adequacy of screening during the license issuance process;

(i) The department may charge a fee to inspect a site before licensing or to amend a license;

(b) investigate escapement reports; and

(4) Any escapements of aquatic animals from aquaculture and fee fishing facilities must be reported to the department within 72 hours of the loss or knowledge of the loss.

(a) The report shall include:

(i) facility name and location;

(ii) date of loss;

(iii) estimate of number and type of aquatic animals lost;

(iv) remedial actions taken; and

(v) plans for future remedial action.

(b) The license holder or facility operator or owner will bear costs for remedial actions.

(d) The department may suspend activities at the facility, including aquatic animal imports, transfers, sales, and fishing until the investigation and remedial actions are completed.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-7 Application for Aquaculture and Fee Fishing Licenses; License Renewal; and Fees

(1)(a) Applications for aquaculture and fee fishing licenses are available from and shall be submitted to the department's Aquaculture Program in Salt Lake City.

(b) Applications may require a minimum of 45 days for review and processing from the date the application is received.

(c) Applications that are incomplete, completed incorrectly, or submitted without the appropriate fee or other required information may be returned to the applicant.

(d) Legal tender in the correct amount must accompany the application.

(2) The department shall forward aquaculture and fee fishing license applications to the division within ten working days to determine

(a) the suitability of the proposed site and

(b) the species the applicant may propagate, possess, transport, or sell.

(3) If the application is granted, a written license and license number shall be issued.

(a) The license holder shall keep a copy of the license on file for two years pursuant to Section 4-37-110.

(b) If the application is denied, a written explanation will be sent to the applicant.

(4)(a) Aquaculture and fee fishing licenses are not transferable and expire December 31 of the year issued.

(b) If the holder of a license is a representative of an institution, organization, business, or agency, the license shall expire effective upon the date of the representative's discontinuation of association with that entity.

(c) Aquaculture and fee fishing licenses do not provide the holder any rights of succession and any license issued to a business or organization shall be void upon the termination of the business or organization or upon bankruptcy or transfer or death of the license holder.

(5) Amending aquaculture and fee fishing licenses.

(a) License holders may request to amend or change the species permitted at their facility by submitting a written request to the Aquaculture Program Manager at the department.

(b) The department shall consult with the division to determine if the species can be added to the license. If the request for an amendment is denied, the department shall provide the applicant with written notice of the reasons for denial.

(6) Renewal of Aquaculture and Fee fishing Licenses.

(a) Aquaculture and fee fishing licenses are valid until December 31 for the calendar year issued unless specified otherwise on the license.

(b) Aquaculture and fee fishing licenses shall be renewed annually by submitting the required fee, a completed annual report and by complying with other applicable renewal criteria established by the department.

(7) Late fees. A late fee shall be accessed if the annual report or license fee is received after December 31 st .

(8) Delinquency. Renewal documents received after March 1 are considered delinquent and any animals on the premises may be quarantined until due process of law against the current owner has occurred. This may result in any of the following:

(a) a citation for operating an aquaculture or fee fishing facility without a license;

(b) revocation of the license;

(d) loss of health approval; or

(e) the destruction or removal of the live or dead aquatic animals at the facility.

(i) Removal or disposal of live or dead aquatic animals is the responsibility of the owner and shall be done by means or specified in Section R58-17-16.

(9) Before renewal of a delinquent license, the facility may be inspected by a department or division employee to document that screening requirements are met.

(a) The division may recommend changes to the species or reproductive capacity of the aquatic animals listed on the license.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-8 Buying, Importing, Selling, and Transporting Aquatic Animals

(2) Buying aquatic animals.

(a) Except as provided in Section R58-17-15, live aquatic animals or their gametes may only be sold or transferred from sources that have been granted health approval by the department or the division. Current listing for each source and species on the health approval list is required pursuant to Subsection R58-17-13(3).

(b) Department licensed facilities may only obtain the species and reproductive capacity of the animals listed on the aquaculture or fee fishing license.

(3) Importation of Aquatic animals and gametes.

(a) Importations of live aquatic animals and gametes into Utah shall:

(i) originate from sources that have been health approved by the department;

(ii) receive an official entry permit issued by the department; and

(iii) comply with the requirements listed in Section R58-17-12.

(4) Selling or transferring aquatic animals pursuant to Section R58-17-13.

(a) In-state facilities that produce and sell aquatic animals used for aquaculture shall be licensed as an aquaculture facility by the department. Exemptions to the licensing requirement are listed in Section R58-17-15.

(b) Requirements for selling aquatic animals as food are listed in Subsection R58-27-9(3).

(c) Regulations for selling or transferring live aquatic animals are listed in Subsection R58-27-9(4), and Section R58- 17-13. Live transfers of aquatic animals from fee fishing facilities are not permitted under Section R58-27-12.

(5) Transporting aquatic animals.

(a) Any person possessing a valid aquaculture license, fee fishing license, or COR may transport the live, health approved aquatic animals specified on the license or COR to the facility named on the license or COR.

(b) Any transfers or shipments of live aquatic animals within Utah, unless exempted by Section R58-17-15, shall be accompanied with documentation that describes the source and destination of the aquatic animals. Documentation requirements are listed in Subsection R58-17-14(2).

(c) Any transfers or shipments of live aquatic animals within Utah shall comply with the requirements listed in Section R58-17-14

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-9 Aquaculture Facilities, Brokers

(1)(a) A license is required to operate an aquaculture facility.

(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, shall be licensed as separate facilities regardless of ownership.

(c) A separate license and fee are required for each facility defined under "aquaculture facility," Subsection 4-37- 103(2), regardless of ownership.

(2) The operator of an aquaculture facility may also operate a fee fishing facility pursuant to Subsection 4-37-301(5), provided the fee fishing facility:

(a) is within 1/2 mile distance from the aquaculture facility;

(b) contains only those species authorized on the license for the aquaculture facility; and

(3) Aquaculture Facilities without health approval may:

(a) transfer live aquatic animals to processing facilities or markets provided they are killed upon receipt;

(b) transfer live aquatic animals to animals to an out-of-state destination approved by the receiving state; and

(4) Aquaculture facilities that process aquatic animals by filleting, deboning, skinning, smoking, vacuum packing, or another process may sell product directly to consumers at a market or sell product to grocery stores, restaurants, or other markets. These facilities may need to be registered with the department's Division of Regulatory Services as a food establishment under Rule R70-540 and Section 4-5-301.

(5) Aquaculture Facilities with health approval may:

(a) Facilities that sell or transfer live aquatic animals shall be health approved by the department pursuant to Sections 4-37-204 and R58-17-13.

(i) The department shall grant health approval to facilities that meet the requirements in Section R58-17-5 and the Aquatic Animal Health Inspection Policy.

(ii) Each species offered for live sale must be health approved.

(b) Laboratory testing cost for inspections shall be at the owner's expense.

(c) The department shall collect samples for annual health inspections. The department may charge fees to collect samples for supplemental health inspections.

(d) Aquaculture facilities may only sell or transfer live aquatic animals to a person or entity that has been authorized to possess the species and reproductive capacity of the animals by:

(i) an aquaculture or fee fishing license issued by the department;

(ii) a valid COR issued by the division; or

(iii) is otherwise able to possess the animals pursuant to Rules R657-3 and R657-59.

(e) Aquaculture facilities with health approval may broker aquatic animals.

(i) Brokers shall follow the requirements in Subsection R58-17-13(4).

(ii) Brokered aquatic animals shall be directly transferred from the source to the destination and may not enter the waters of the broker's facility.

(iii) Brokered animals shall be included in the annual report.

(f) Aquaculture facilities with health approval may apply to the Fish Health Policy Board for a variance to engage in aquatic reselling. Aquatic reselling requirements are listed in Subsection R58-17-13(5)

(6)(a) Receipts required. Any sale, shipment, or transfer of live aquatic animals shall be accompanied by a receipt.

(b) A receipt book or the electronic equivalent will be provided by the department upon request.

(7)(a) Annual reports are required. Aquaculture facility owners shall submit annual reports of all sales, transfers, purchases, and brokered aquatic animals to the department at the time of the license renewal, pursuant to Sections 4-37-204 and R58-27-7.

(b) Report forms will be provided by the department. The report shall contain:

(i) sources of aquatic animals including name, address; phone number; license number; and aquatic animal health approval number;

(ii) number and weight of aquatic animals acquired, sold or transferred sold by species and reproductive capacity; and

(iii) name; address; phone number; and license or COR number of the receiver.

(iv) geographic coordinates including latitude, longitude or UTM coordinates of the stocking location shall be provided if the receiver is eligible to stock the aquatic animal without a certificate of registration under Wildlife Board Rules R657-3, R657-53, and R657-59.

(v) date of transaction.

(8) The division is responsible for certifying the sterility of salmonids Rule R657-59.

(a) Laboratory testing cost for sterility testing shall be at the owner's expense.

(b) Aquaculture facilities shall submit laboratory reports to the division for certification of sterility.

(i) The department may charge a fee to collect sterility samples.

(ii) The department shall submit sterility laboratory reports to the division for certification, if the department collected the samples.

(9) Aquaculture facilities may request an aquatic invasive species inspection from the department.

(a) The department may charge fees to conduct an aquatic invasive species inspection. Any costs to verify the identification of suspect organisms shall be at the owner's expense.

(b) The department shall inspect for species listed in a memorandum of understanding with the division.

(c) The department shall provide the aquatic invasive species inspection report to the facility, the division, and any requesting state.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-10 Fee Fishing Facilities

(1)(a) A license is required to operate a fee fishing facility.

(2)(a) Live sales or transfers of aquatic animals is prohibited.

(b) The operator of a fee fishing facility may not sell, donate, or otherwise transfer live aquatic animals from the facility.

(3) Fishing licenses not required. A fishing license is not required to take aquatic animals at a fee fishing facility.

(4)(a) Receipts are required to transport dead aquatic animals from a fee fishing facility. Fee fishing facilities shall issue a receipt to the customer that includes:

(i) name, address, license number, license expiration date and phone number of the facility;

(ii) date caught; and

(iii) species and number of fishes.

(b) Receipts are not required for owner associations and catch and release operations.

(5)(a) Annual report required. Fee fishing license holders shall submit an annual report of all aquatic animals purchased or acquired to the department at the time of the license renewal, pursuant to Sections 4-37-302 and R58-27-7.

(b) A report form shall be provided by the department. This report shall contain:

(i) name, address, license number and Health Approval number of the supplier;

(ii) number and weight of aquatic animals by species and reproductive capacity;

(iii) dates of purchase or transfer of aquatic animals; and

(iv) name, address, and license number of the receiver.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-11 Waste Disposal at Aquaculture Facilities, Fee Fishing Facilities, and Aquatic Animal Processing Plants

(1) Waste products such as carcasses, viscera, and wastewater, shall be disposed of by means acceptable to the department to deter the spread of pathogens and non-native species by water or animals pursuant to Section R58-17-16 and Rule R657-3

(2) Placement of live aquatic animals, dead aquatic animals, parts, or waste products from an aquatic animal processing plant, aquaculture facility, or fee fishing facility into public waters is illegal. Proper disposal is the responsibility of the processor, owner, broker pursuant to Section R58-17-16.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

Utah Admin. Code R58-27-12 Inspection of Records and Facilities

(1) The following records shall be maintained for a period of two years and be available for inspection during reasonable hours by the appropriate agency pursuant to Sections 4-37-111 and R58-17-4.

(a) Purchase, acquisition, distribution, and production histories of live aquatic animals.

(b) Licenses and entry permits.

(2) Department representatives may conduct pathological, fish culture, or physical investigations at any aquaculture or fee fishing facility during reasonable hours.

(a) Any laboratory testing as a result of this investigation shall be at the owner's expense if evidence indicates that Rule R58-17 has been violated pursuant to the investigation.

History

KEY: aquaculture
Date of Last Change: March 29, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(i); 4-37-503

R58-28 Veterinarian Education Loan Repayment Program

Utah Admin. Code R58-28-1 Authority

This rule is promulgated under the authority of Subsection 4-2-902(5).

History

KEY: veterinarian, education, loan, repayment, service
Date of Last Change: August 4, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-902(5)

Utah Admin. Code R58-28-2 Purpose

This rule establishes the process for a qualified veterinarian to register intent and receive payments toward their education loan balances.

History

KEY: veterinarian, education, loan, repayment, service
Date of Last Change: August 4, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-902(5)

Utah Admin. Code R58-28-3 Definitions

In addition to the definitions found in Section 4-2-901, the following terms are defined for this rule:

(1) "Employer" means a government entity, for-profit employer, or non-profit organization for which a qualified veterinarian practices.

(2) "Practice" or "practicing" means paid or volunteer employment averaging at least 32 hours per week where the applicant diagnoses, treats, corrects, changes, alleviates, or prevents animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions in animals.

History

KEY: veterinarian, education, loan, repayment, service
Date of Last Change: August 4, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-902(5)

Utah Admin. Code R58-28-4 Payment Eligibility-Payment Process

(1) A veterinarian who intends to receive loan repayment assistance shall register with the department by submitting a department form, and providing the following information:

(a) name, address, and other contact information;

(b) name of employer and employer contact information, if applicable;

(d) documentation showing the location and context of veterinary practice that demonstrates the veterinarian meets the qualified veterinarian definition as defined in Subsection 4-2-901(9).

(2) Subsection 4-2-902(2)(b) requires a veterinarian to practice for a minimum of one year after the date of registering intent with the department, however, the department may extend the one year period for up to six months due to medical reasons or other justifiable causes.

(3) After a qualified veterinarian has practiced for one year from the date of application, they shall provide the following information to the department:

(a) hours and location of qualifying work;

(b) employer certification of worked hours;

(d) whether they choose to reapply to receive additional payments toward educational loan balances in the future; and

(e) any other information the department deems necessary for loan repayment assistance.

(4) A qualified veterinarian is responsible for reporting loan repayment to the United States Internal Revenue Service and addressing any potential tax liabilities resulting from the loan repayment assistance.

(5) A qualified veterinarian shall notify the department before changing their practice location or if the change affects meeting the criteria in Subsection 4-2-901(9).

History

KEY: veterinarian, education, loan, repayment, service
Date of Last Change: August 4, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-902(5)

R64 Conservation Commission

R64-1 Agriculture Resource Development Loans (ARDL)

Utah Admin. Code R64-1-1 Authority and Purpose

Pursuant to Sections 4-18-105 and 4-18-108, this rule establishes general operating practices of the Agriculture Resource Development Loan (ARDL) program.

History

KEY: loans, agricultural grants, ARDL, emergency loans
Date of Last Change: May 8, 2026
Notice of Continuation: May 14, 2024
Authorizing, and Implemented or Interpreted Law: 4-18-105

Utah Admin. Code R64-1-2 Definitions

The terms defined in Section 4-18-103 shall apply to this rule.

(1) "Applicant" means a person or entity seeking funds from the Agriculture Resource Development Fund.

(2) "ARD Fund" means the Agriculture Resource Development Fund created under Section 4-18-106.

(3) "ARDL Program" means the Agriculture Resource Development Loan program, which is established by this rule to administer loans and grants from the ARD Fund.

(4) "ARDL Program Manager" means the staff administrator of the ARDL program.

(5) "Conservation District Board or CD Board" means a conservation district board of supervisors created by Section 17D-3-301.

(6) "Eligible entity" means any agricultural producer located in Utah using grant funds for an eligible purpose in Utah.

(7) "Resource Improvement and Management Plan" means a conservation plan that includes a schedule of operations, cost estimates, and other pertinent information prepared by a technical assistant, or technical assistance agency, that has been approved by a conservation district.

(8) "UCC Subcommittee" means the loan advisory board described in Section 4-18-106.

History

KEY: loans, agricultural grants, ARDL, emergency loans
Date of Last Change: May 8, 2026
Notice of Continuation: May 14, 2024
Authorizing, and Implemented or Interpreted Law: 4-18-105

Utah Admin. Code R64-1-3 Administration of the Fund

(1) Annually, the commission shall allocate funds appropriated for projects that further the objectives of the ARDL program referenced in Subsection 4-18-106(4).

(2) A loan applicant shall:

(a) submit a complete application to the ARDL Program Manager through their conservation district for review;

(b) comply with district, zone, and commission application procedures; and

(c) be subject to credit analysis and collateral valuation as required by the commission, including repayment capability, past and current financial holdings, fiscal obligations, and debt history.

(3) The UCC subcommittee shall:

(a) review applications for funding availability, including if the application exceeds loan limits established by commission policy;

(b) if requests exceed available funds, then they may rate and prioritize applications according to:

(i) the quality of improvement projects;

(ii) the improvements sought by the commission; and

(iii) rating and approval information from CD boards.

(4) The commission will award loan contracts upon receipt of executed loan documents, which may include a promissory note and other documents necessary to perfect liens on required security.

(5) If available ARD Funds are $3,500,000 or less on the commission's approval date:

(a) total borrowings by one entity may not exceed $250,000; and

(b) available ARD Funds are based on the current financial statement the department publishes.

(6) The commission may:

(a) charge an applicant a loan or technical assistance fee if proposed projects include a complex technical issue; and

(b) require designated personnel to supervise a project.

(7) A contract with loan recipient is based on repayment ability or defined collateral and shall include a loan repayment schedule according to the agreed interest rates and related fiscal conditions. The ARDL Program Manager may:

(a) acquire an appraisal or estimate of collateral value; and

(b) obtain security or collateral to satisfy the contract until the recipient pays the agreed amount.

(8) The commission shall set the interest rates in policies and procedures. The commission may recalculate interest rates based on:

(a) interest rates other agricultural lenders charge;

(b) economic factors such as inflation, weather, and natural disasters; or

(9) The commission may:

(a) charge a percentage of loan disbursement as an administrative fee; and

(b) require a fee if the balance of available ARD Funds is $3,500,000 or less.

(10) Designated personnel shall inspect and certify a project funded by a loan to ensure compliance with contractual provisions.

(11) Under the direction of the commission, the ARDL Program Manager shall:

(a) manage the program;

(b) interpret guidelines;

(d) research financial collateral security information;

(e) process and service contracts associated with program functions;

(f) recommend loan approvals to the commission;

(g) analyze resource improvement and management plans; and

(h) administer loan servicing and collection activities.

History

KEY: loans, agricultural grants, ARDL, emergency loans
Date of Last Change: May 8, 2026
Notice of Continuation: May 14, 2024
Authorizing, and Implemented or Interpreted Law: 4-18-105

Utah Admin. Code R64-1-4 Emergency Loan Program

(1) The commission may provide ARD Funds to agriculture producers to provide emergency disaster relief based on unusual or extraordinary circumstances such as flood, drought, or other natural disasters if:

(a) an authorized federal, state, or county entity, including the Utah governor's office, declared an emergency or natural disaster within the prior six months;

(b) the commission establishes parameters of the emergency loan program in policies and procedures;

(d) the objectives of the loan program are consistent with state law.

(2) The commission may exempt emergency loans from the requirements in Subsection R64-1-3(7).

(3) A person may not use emergency loan funds for a project that the commission normally approves under the ARDL program.

History

KEY: loans, agricultural grants, ARDL, emergency loans
Date of Last Change: May 8, 2026
Notice of Continuation: May 14, 2024
Authorizing, and Implemented or Interpreted Law: 4-18-105

Utah Admin. Code R64-1-5 Grant Subprogram

(1) Under Subsection 4-18-108(1), the commission may award a grant from the ARD Fund to an eligible entity.

(2) The commission may consider awarding a grant under this part if the balance of available ARD Funds is at least $10,000,000,excluding funds appropriated for the Temporary Water Shortages Emergency Program created under Title 73, Chapter 3d, Water Preferences During Emergencies.

(3) Grant funds shall be used for purposes that conform to:

(a) Section 4-18-108;

(b) the purposes of the ARDL program; and

(4) The commission shall determine the availability and amount of grant funds disbursed under this section.

(5) The commission may disburse funds under this section to local conservation districts for regranting to an eligible entity within that district.

History

KEY: loans, agricultural grants, ARDL, emergency loans
Date of Last Change: May 8, 2026
Notice of Continuation: May 14, 2024
Authorizing, and Implemented or Interpreted Law: 4-18-105

R64-4 Agricultural Water Optimization Program

Utah Admin. Code R64-4-1 Authority

(1) Subsection 73-10g-205(6) authorizes this rule.

(2) It requires the Agricultural Water Optimization Committee to establish eligibility requirements for grants issued under Section 73-10g-206, the process of applying for a grant issued under Section 73-10g-206, and preliminary screening criteria for be used by the department under Subsection 73-10g-206(2)(d).

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-2 Definitions

The terms defined in Section 73-10g-203.5 shall apply to this rule:

(1) "Agricultural Water" means irrigation water beneficially used pursuant to a water right established under Utah law to produce food, fiber, or fuel, or for other agricultural purposes.

(2) "Funding Application" means an application filed under Section 73-10g-206.

(3) "Commission" means the Utah Conservation Commission created by Section 4-18-104.

(4) "Department" means the Utah Department of Agriculture and Food.

(5) "Grantee" means a person who received a grant award through the Agricultural Water Optimization Program.

(6) "Project" means an undertaking proposed in an application to meet the objectives of Title 73, Chapter 10g, Part 2, "Agricultural Water Optimization" and then implemented consistent with Part 2.

(7) "Saved water" means the same as stated in Section 73-3-3 and as further defined in rules made by the state engineer.

(8) "Critical management area" means a groundwater basin meeting the definition stated in Subsection 73-5-15(1)(a).

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-3 Purpose-Agricultural Water Optimization Program

To increase agricultural water optimization, the Commission shall provide grants in accordance with Sections 73-10g- 201 through 73-10g-208 that:

(1) maintain viable agriculture while reducing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment;

(2) provide increased operational flexibility to agricultural water users;

(3) provide the opportunity for saved water to be considered a beneficial use if a change application is filed with the State Engineer;

(4) provide additional nonuse protection if a change application is filed; and

(5) improve water quantification through:

(a) showing accurate, real-time measurements of water use; and

(b) documenting actual water savings in cubic feet per second (CFS) or acre feet.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-4 Application Requirements

(1) Any person who uses agricultural water is eligible to apply for funding under the Agricultural Water Optimization Program.

(2) An applicant shall include the following in a funding application:

(a) a description of how the project will meet the purposes listed in Section R64-4-3;

(b) a description of the diversion reduction or depletion decrease that will be made available after the implementation of the project;

(d) a description of the project and project design, including the:

(i) project cost;

(ii) funding amount requested; and

(iii) estimated completion date;

(e) a list of other funding sources and amounts provided;

(f) the project cost per acre;

(g) the current method of water measurement used by the applicant;

(h) acknowledgment that the applicant will install and maintain water measurement equipment required for the project;

(i) a map of the project area, showing the county or counties in which the proposed project will be located; and

(j) acknowledgement that the proposed project complies with the applicants approved water rights associated with the project;

(3) The committee may not consider or rank incomplete applications.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-5 Preliminary Screening-Pre-filing Consultation

The department shall receive and screen each funding application to determine if it meets the following eligibility criteria:

(1) the project uses agricultural water;

(2) the project location is in Utah;

(3) the applicant has verified that they own or have the right to use the water rights that will be used for the project;

(4) the project is reasonably feasible;

(5) the project reasonably meets program goals;

(6) the applicant is willing to install and maintain water measurement that meets state policy and rules set by the Division of Water Rights (DWRi); and

(7) the project meets funding requirements, listed in Subsection 73-10g-205(6)(a).

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-6 Agricultural Water Optimization Committee

(1) The Agricultural Water Optimization Committee shall:

(a) establish funding application periods for the Agricultural Water Optimization Program;

(b) establish at least one application period per year;

(c) ensure that each funding period has a unique application, eligibility criteria, and description of what is required in the application, and ranking criteria used to evaluate the applications submitted;

(d) make funding recommendations to the Commission.

(2) The Committee may designate different funding pools to ensure that similar projects are ranked against each other.

(3) The Commission may award grants based on the recommendations of the Committee.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-7 Criteria for Awarding Grants

(1) The Committee shall adopt ranking criteria for each application cycle.

(2) The Committee may consider the following in adopting ranking criteria:

(a) how closely proposed projects meets the Agricultural Water Optimization Program purposes listed in Section R64- 4-3;

(b) the type of project;

(d) matching funds available for the project;

(e) saved water that will result from the project;

(f) how the water savings will be quantified;

(g) whether the project area has baseline water use data available;

(h) the projected project cost per acre;

(i) whether the project location is a groundwater Critical Management Area; and

(j) when the applicant will be ready to begin construction on the project.

(3) The Committee shall adopt ranking criteria that require the award of federal funding before state funding, provided federal funding has been appropriated for the Agricultural Water Optimization Program.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-8 Contracting and Project Requirements

(1) Following a grant award by the Commission, the department shall assist each grantee in identifying sources and securing additional funding for the project, as outlined in Subsection 73-10g-206(5)(c).

(2) Before receiving funds, a grantee shall fulfill the following requirements, consistent with Subsection 73-10g-206(3) by:

(a) entering a contract with the department that includes the following:

(i) the expectations for the grantee;

(ii) the life expectancy of the project;

(iii) the process to certify completion of the project;

(iv) any applicable design requirements; and

(v) metering and reporting requirements consistent with rules established by DWRi, including specifications for the type of meter to be installed;

(b) filing any necessary change application with DWRi;

(d) if applicable, demonstrating compliance with the requirements of the final order.

(3)(a) Before project implementation, grantees shall submit a Utah State Historical Preservation Office Cultural Resource Review report to the department, pursuant to Section 9-8a-404.

(b) The department may not process a payment reimbursement until the department receives the report.

(4) The department may issue a notice to proceed to a grantee before project construction.

(5) During the life of the project, the department shall:

(a) monitor grant related activities; and

(b) certify project completion.

(6) The department may conduct on-site or virtual project "spot checks" at any time during the life of the project.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

Utah Admin. Code R64-4-9 Reporting Requirements

(1) For three years after a project's construction is complete, a grantee shall submit reports to the department, per Subsection 73-10g-206(4), at least annually, or more often if the department requests it in writing.

(2) A grantee who fails to submit the required reports may be required to return Agricultural Water Optimization Program funds or may become ineligible to receive funds in the future from the department.

History

KEY: agriculture, water optimization, grants, reporting, ranking criteria, agricultural water
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 73-10g-205; 73-10g-206

R64-5 Temporary Water Shortage Emergency Loan Program

Utah Admin. Code R64-5-1 Authority

Sections 4-18-105, 4-18-106, and 73-3d-402 authorize this rule.

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

Utah Admin. Code R64-5-2 Purpose

This rule establishes general procedures for an interrupted user to apply for and receive a loan from the Agriculture Resource Development Fund during a temporary water shortage emergency.

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

Utah Admin. Code R64-5-3 Definitions

Sections 4-18-103 and 73-3d-401 define the terms used in this rule.

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

Utah Admin. Code R64-5-4 Eligibility

(1) An interrupted user may apply for a loan from the commission if that user's water is used by a preferential user during a temporary water shortage emergency declared by the governor under Section 73-3d-201.

(2) The commission may issue loans only to the extent that:

(a) funds are available in the Agriculture Resource Development Fund; and

(b) the aggregate amount of outstanding Temporary Water Shortage Emergency Loans does not exceed $5,000,000.

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

Utah Admin. Code R64-5-5 Application Procedures

(1) The department shall accept applications for the duration of the temporary water shortage emergency declared by the governor's executive order.

(2) An eligible interrupted user may apply on a form provided by the department.

(3) Applications shall include the information required by Subsection 73-3d-402(5)(b) and any additional documentation the department determines necessary to evaluate loan amount and repayment capacity.

(4) The ARDL Program Manager shall present their recommendation to the commission for final approval.

(5) The commission shall award contracts in the order it receives the completed applications.

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

Utah Admin. Code R64-5-6 Loan Administration and Repayment

(1) Each loan contract shall, at a minimum, require the interrupted user to:

(a) notify the department when receiving compensation from a preferential user;

(b) repay the loan within 30 days of repayment in full; and

(2) If an interrupted user fails to repay a loan, the department may bring an action in a court of competent jurisdiction to recover funds as provided in Subsection 73-3d-402(6).

History

KEY: temporary water shortage emergency; Agriculture Resource Development Loan
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-106, 73-3d

R64-6 Utah Soil Health Grant Program

Utah Admin. Code R64-6-1 Authority

Sections 4-18-108, 4-18-303, and Subsection 4-18-305(6) authorize this rule.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-2 Purpose

This rule establishes the procedures for grants awarded under the Utah Soil Health Program and the Agriculture Voluntary Incentives Program (AgVIP).

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-3 Definitions

In addition to the terms below, the terms defined in Section 4-18-103 shall apply to this rule.

(1) "AgVIP" means the Agriculture Voluntary Incentives Program, which is a grant program of the Utah Conservation Commission.

(2) "Eligible entity" means a public, governmental, or private entity as defined in Section 4-18-302.

(3) " Soil Health Advisory Committee" or "Committee" means the committee created in Section 4-18-306.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-4 Application Requirements

(1) The commission, with the assistance of the Utah Soil Health Advisory Committee, shall oversee the AgVIP.

(2) The department shall publish information for each program funding cycle, which may include:

(a) an application period;

(b) specific information required for each application; and

(3)(a) Applications and personal information submitted to the department are subject to Title 63G, Chapter 2, Government Records Access, and Management Act (GRAMA).

(b) Pursuant to Section 4-18-307, the department may not disclose a record that identifies the agricultural practices of a specific landowner or producer.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-5 Criteria for Awarding Grants

(1) The Committee shall evaluate and rank all complete applications submitted during a funding cycle and provide recommendations to the commission.

(2) The commission shall have final approval of all grant awards.

(3) As part of the evaluation under this rule, the department may determine an applicant ineligible if the applicant:

(a) is in default on a department loan;

(b) has failed to make timely payments on a department loan; or

(4) The commission may designate priority areas or application types based on specific resource concerns.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-6 Contracting Requirements

(1) An applicant who receives an AgVIP grant shall enter a contract with the department for a term of up to three years.

(2) The contract shall stipulate that the grantee has a conservation plan in place within the first 12 months of the contract, and the plan shall:

(a) be based its content on a field assessment;

(b) include at least one new conservation practice;

(3) The department may revise and update the plan as needed throughout the contract period to reflect operational or management changes, in coordination with the completion of the annual conservation assessment.

(4) The contract shall require the AgVIP grantee to meet with the department annually to:

(a) review the plan;

(b) reassess the conservation status of each field; and

(5) The Committee may apply total contract payment limitations based on available funding for the program each year.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

Utah Admin. Code R64-6-7 Reporting Requirements

(1) The department may share program information with the Division of Water Quality(DWQ) for the purpose of awarding regulatory incentives from DWQ.

(2) An AgVIP grantee shall submit annual practice verification records to the department as specified in the contract.

(3) AgVIP participants shall evaluate a field's conservation status on an annual basis.

(4) Annual field assessments and record keeping following the three-year AgVIP contract period are encouraged but not required.

(5) The department shall gather the following information related to program participants:

(a) annual field assessment results;

(b) number of acres enrolled;

(d) other relevant information as needed.

(6) The department shall present information gathered under this rule as aggregated data to protect private information, as required in Section 4-18-307.

History

KEY: AgVIP, nutrient management plan, water quality, soil health, grants
Date of Last Change: May 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-18-108

R65 Marketing and Development

R65-1 Utah Apple Marketing Order

Utah Admin. Code R65-1-1 Authority

Subsections 4-2-103(1)(e) and 4-2-103(1)(i) authorize this rule.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-2 Purpose

This rule establishes a marketing order for Utah apples to promote orderly market conditions, give Utah producers a fair return on their investment in the marketplace, and promote the marketing of Utah apples.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-3 Definitions

(1) "Board" or "Board of Control" means the Utah Apple Marketing Board.

(2) "Person" means an individual, partnership, corporation, association, legal representative, or any organized group of individuals.

(3) "Apples" means apples produced for the commercial market.

(4) "Producer" means a person in the business of producing apples.

(5) "Handler" means any person engaged in the operation of selling, marketing, distributing, in commerce, or affecting commerce of apples produced in Utah.

(6) "Order" or "marketing order" means the mechanism that levies the assessment.

(7) "Registered producer" means a producer who registers to vote in the referendum that creates the marketing order, and indicates they want to be included in the marketing order voting process.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-4 Board

(1) The board shall consist of seven members, two of whom shall be handlers, plus the commissioner.

(2)(a) The commissioner shall select the original board members from a list of names submitted by the industry.

(b) The board shall consist of:

(i) two producer members and one handler for two years - the first appointment only;

(ii) three producer members and one handler for four years; and

(iii) each appointment shall be for four years after the first year.

(3) The commissioner shall appoint successors to original members from names submitted by the industry.

(4) Pursuant to Sections 63A-3-106 and 63A-3-107, board members may receive per diem and travel expenses incurred by the board member for attendance at an official meeting.

(5)(a) A majority of the board members plus the chair shall constitute a quorum.

(b) Each decision of the board shall be made by majority vote.

(6) A designee from the Agricultural Cooperative Association may serve as an ex officio member to complete the duties of the board.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-5 Duties of the Board

(1)(a) The board may engage in advertising and sales promotion programs to create new or larger markets for apples grown in Utah.

(b) Marketing programs;

(i) shall promote the sale of apples without any reference to a particular brand or trade name; and

(ii) may not use false or unwarranted claims on behalf of apples or disparage the quality, value, sale, or use of any other agricultural commodity to supply the market demands of consumers of the commodity.

(2) The board may research projects and experiments to improve the quality, size, health, and general conditions of growing apples in Utah.

(3) Labeling, marketing, or branding of apples may not conflict with any rules of the department or state law.

(4) The board shall cooperate with any other state or federal agency to consider activities that may benefit this rule or marketing order.

(5) The duties of the board shall be administrative only and may include only the acts mentioned in this rule.

(6) With the commissioner's approval, the board may establish policies necessary and incidental to the administration of this rule.

(7) The board shall conduct all meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-6 Expenses, Assessments, Collections, and Disbursement

(1)(a) Each producer or handler, as determined by the board, shall pay to the board the producer's or handler's pro rata share of expenses as the board finds necessary.

(b) The discretionary assessment shall be set by a majority vote of the board and approved by the commissioner.

(c) The pro rata share of expenses payable by a cooperative association of producers shall be computed based on the quantity of the product covered by the marketing order that is distributed, sold, or shipped in commerce by the cooperative association of producers.

(2) Each producer shall pay up to $1 per bin of apples distributed, sold, or shipped in Utah commerce, to the board annually.

(3) The board shall retain records of the receipt of the assessment.

(4) The commissioner may require the board to reimburse funds that the commissioner spends performing their duties.

(5) The board may incur expenses as necessary to carry out its functions, subject to the commissioner's approval.

(6)(a) An accountant approved by the commissioner shall review the board's financial records once in the department's fiscal year.

(b) The board shall complete the annual review and provide it to the department by December 31 each year.

(c) The review shall examine the receipt of assessments, the disbursement of funds, and any reimbursements, as well as a review of the board's financial documents, including bank statements, bank account reconciliations, and board meeting minutes.

(d) The board shall provide copies of the review and financial statements available to producers and processors for examination after the removal of any confidential individual producer or processor information.

(7)(a) The board shall divide assessments made and money collected into funds for administrative, advertising, and research purposes.

(b) The board may not use funds for political or lobbying activities.

(8)(a) If, at the end of the department's fiscal year, the assessments collected exceed the expenses incurred, the board, with the commissioner's approval, may carry over a portion of the excess into subsequent years as a reserve.

(b) The reserve funds may cover any expenses authorized by this rule, and necessary expenses of liquidation if the commissioner terminates the order or dissolves the board.

(c) The board shall refund any excess not kept in reserve proportionately to the producers or processors that paid the excess.

(d) Without an additional amount reserve level approved by the commissioner, the amount held may not exceed one year's operations expenses.

(9)(a) The board shall notify each producer or handler, subject to the assessment, and allow them to request a refund.

(b) Up to 30 days after the board collects the assessment, the board may receive a written request for a refund from a producer objecting to the payment.

(d) The board may deny refund claims filed more than 30 days after the assessment's collection date.

(e) The board shall notify the department each time a producer requests a refund.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-1-7 Termination of Order

(1) The commissioner may terminate the order when there is no longer an industry need for the order.

(2) Upon the termination of the Order, the members of the board shall:

(a) continue in their capacity until discharged by the commissioner upon dissolution of the board;

(b) dispose of any remaining funds in a manner as the commissioner may determine to be appropriate; and

(3) Producers may request a referendum vote once a year through a petition of 25% of the registered producers.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-8 Rights of the Commissioner

(1) Members of the board and any agents, employees, or representatives of the board shall be subject to removal or suspension by the commissioner at any time.

(2) Each rule, decision, determination, or other act of the board shall be subject to the commissioner's veto at any time.

History

KEY: promotions, marketing order, apples marketing, marketing assessments
Date of Last Change: February 11, 2026
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

R65-5 Utah Red Tart and Sour Cherry Marketing Order

Utah Admin. Code R65-5-1 Authority

Subsections 4-2-103(1)(e) and 4-2-103(1)(i) authorize this rule.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-2 Purpose

This rule establishes a marketing order for Utah Red Tart and Sour Cherries to promote orderly market conditions, give Utah producers a fair return on their investment in the marketplace, and promote the marketing of Utah Red Tart and Sour Cherries.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-3 Definitions

(1) "Board" or "Board of Control" means the Red Tart and Sour Cherry Marketing Board.

(2) "Cherries" means all Red Tart and Sour Cherries as defined in 7 CFR 930 .

(3) "Order" or "marketing order" means the mechanism that levies the assessment.

(4) "Person" means an individual, partnership, corporation, association, legal representative, or any organized group of individuals.

(5) "Processor" means any person in Utah engaged in canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of Red Tart or Sour Cherries to market, and handles a three year average of at least 10,000 pounds of cherries per year.

(6) "Producer" means any person in Utah who produces or causes other to produce Red Tart or Sour Cherries, provided they produce a three year average of at least 10,000 pounds per year.

(7) "Registered producer" means a producer who registers to vote in the referendum which creates the marketing order, and indicates they want to be included in the marketing order voting process.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-4 Board of Control

(1) The board of control shall consist of seven members plus the commissioner or the commissioner's designee.

(2)(a) The commissioner shall select the original board members from a list of names submitted by the industry.

(b) The board shall consist of:

(i) three producer members and one processor member appointed for a term of four years; and

(ii) two producer members and one processor member are appointed for two years.

(A) the appointed term shall be four years after the first two years.

(B) Board members may be appointed to repeat terms.

(3) The commissioner shall appoint successors to original members from names submitted by the industry.

(4) Board members may not receive a salary, but each may receive a per diem and travel expenses in accordance with Sections 63A-3-106 and 63A-3-107.

(5)(a) A majority of the board members plus the chair shall constitute a quorum for board action.

(b) Each decision of the board shall be made by majority vote.

(6) A designee from the Agricultural Cooperative Association may serve as an ex officio member to complete the duties of the board.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-5 Duties of the Board

(1)(a) The board may engage in advertising and sales promotion programs to create new or larger markets for cherries grown in Utah.

(b) Marketing programs;

(i) shall promote the sale of cherries without any reference to a particular brand or trade name; and

(ii) may not use false or unwarranted claims on behalf of cherries or disparage the quality, value, sale, or use of any other agricultural commodity.

(2) The board may conduct research projects and experiments to improve the quality, size, health, and general conditions of growing cherries in Utah.

(3) Labeling, marketing, or branding of cherries may not conflict with any rules of the department or state law.

(4) The board shall cooperate with any other state or federal agency to consider activities that may benefit this rule or marketing order.

(5) The duties of the board shall be administrative only and may include only the acts mentioned in this rule.

(6) With the commissioner's approval, the board may establish policies necessary and incidental to the administration of this rule.

(7) The board shall conduct all meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-6 Expenses, Assessments, Collections, and Disbursement

(1)(a) Each producer or processor shall pay the board an assessment equal to a pro rata share, as approved by the commissioner, of expenses the board finds necessary.

(b) The board shall compute the pro rata share of the expenses, up to $10 per ton of cherries, payable by a cooperative association of producers or processors based on the quantity of the product covered by the order that is distributed, sold, or shipped in commerce by the cooperative association of producers or processors.

(2)(a) Each producer shall deduct the assessment from the producer's gross receipt of cherries from a processor and pay the board upon sale.

(b) Each processor shall pay to the board any proceeds the processor receives from the deducted portion on or before February 1 for each crop year.

(3) The board shall keep records of the receipt of the assessment that shall be available for public inspection upon request .

(4) The department may require the board to reimburse the department for any funds spent by the department in performing duties under this rule.

(5)(a) The board may incur expenses necessary to carry out its functions, subject to the commissioner's approval.

(b) The board shall receive and disburse any funds it receives pursuant to this rule.

(6)(a) An accountant approved by the commissioner shall review the board's financial records once in the department's fiscal year.

(b) The board shall complete the review and provide it to the department by December 31 of each year.

(7)(a) The board shall divide assessments made and money collected into funds for administrative, advertising, and research purposes.

(b) The board may not use funds for political or lobbying activities.

(b) The reserve funds may cover any expenses authorized by this rule and necessary expenses of liquidation if the commissioner terminates the order or dissolves the board.

(c) The board may refund any excess not kept in reserve proportionately to the producers or processors that paid the excess.

(d) Without an additional amount reserve level approved by the commissioner, the amount held may not exceed one year's operations expenses.

(9)(a) Within 30 days after the board collects the assessment, the board may receive a written request for a refund from a producer objecting to the payment.

(b) The board shall approve and pay each refund claim from its account.

(d) The board shall notify each producer subject to the assessment, allowing them to request a refund.

(e) The board shall notify the department each time a producer requests a refund.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-7 Termination of Order

(1) The commissioner may terminate the order at a time when it is determined there is no longer an industry need for the order.

(2) Upon the termination of the order, the members of the board shall:

(a) continue in their capacity until discharged by the commissioner upon dissolution of the board.

(b) dispose of any remaining funds in a manner as the commissioner may determine to be appropriate; and

(3) Producers may request a referendum vote once a year through a petition of 25% of the registered producers.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-5-8 Rights of the Commissioner

(1) Members of the board and any agents, employees, or representatives of the board shall be subject to removal or suspension by the commissioner at any time.

(2) Each rule, decision, determination, or other act of the board shall be subject to the commissioner's veto at any time.

History

KEY: promotions, marketing order, Red Tart Cherries, Sour Cherries, marketing assessments, cherry marketing order
Date of Last Change: February 11, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

R65-8 Management of the Junior Livestock Show Appropriation

Utah Admin. Code R65-8-1 Authority

A. Promulgated under authority of Subsections 4-2-103(1)(i) and 4-2-103(1)(m) for the management of the Junior Livestock Show Appropriation.

B. It is the intent of these rules to regulate the following elements:

Establishment of a forum to carry out the intent of these rules
Participation in the appropriation
Establishment of official show dates and entry deadlines
Equitable distribution of the appropriation
Maintenance of administrative control of the fund

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

Utah Admin. Code R65-8-2 Establishment of a Forum

A. There is established a Utah Junior Livestock Show Association to be composed of the President, or the President's representative, of each of the Junior Livestock Shows that are currently participating in the appropriation. The President of each show, or the President's representative, may vote on issues at the annual meeting.

B. The Association will hold an annual meeting to conduct the business associated with carrying out the intent of these rules. The meeting will be held at a time decided upon by the officers.

C. The Association will conduct an election during even numbered years to elect a Vice-President and Secretary. The Vice- President will succeed the President on even numbered years. The Treasurer function will be carried out by the Commissioner's designated liaison to the Association as contained in R65-8-6.

D. The President of each participating show, or the President's representative, will attend the annual meeting or submit a written explanation for non-attendance to the President of the Association.

E. Representatives from at least one-third of the member shows will constitute a quorum for conducting business at the annual meeting.

F. Membership dues will be set by the officers of the Association, but may not exceed $50.00 per year, payable at the annual meeting. Allocations from the show fund may not be used to pay dues.

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

Utah Admin. Code R65-8-3 Participation in the Appropriation

A. Junior Livestock Shows which are not currently participating in the appropriation but who would like to participate must submit a request in writing to the President of the Association. This request will be acted on at the next annual meeting.

B. Any resident of the state who is a 4-H or FFA member and who meets the age requirements of the specific show must be allowed to participate in any show receiving funds under the terms of these rules.

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

Utah Admin. Code R65-8-4 Establishment of Official Show Dates and Entry Deadlines

A. By November 15 of each year, each show will submit, on an official form provided, all entrance requirements, including show dates, entry deadlines, and livestock ownership requirements. These documents will be filed with the Secretary for compilation into an official notice of show dates, entry deadlines and ownership requirements for distribution to the members.

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

Utah Admin. Code R65-8-5 Equitable Distribution of Appropriation

A. The association will be responsible for developing and maintaining an official formula for distribution of the appropriation. This formula will be filed with the Treasurer for general review, and will be used to develop the allotment for each show.

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

Utah Admin. Code R65-8-6 Maintenance of Administrative Control of the Fund

A. The Commissioner will designate a department employee as liaison to the Association. This designee will act as Association Treasurer and will insure, on behalf of the Commissioner, that the fund is being managed according to Legislative intent.

History

KEY: exhibitions, livestock
Date of Last Change: June 23, 2016
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-2-103(1)(m)

R65-11 Utah Sheep Marketing Order

Utah Admin. Code R65-11-1 Purpose and Authority

(1) Promulgated under the authority of Subsection 4-2-103(1)(e), which authorizes issuing marketing orders to promote orderly market conditions for agricultural products.

(2) This rule establishes a marketing order to assure an effective and coordinated program to maintain and expand the Utah sheep industry's market position, and that the producers shall be subject to the terms and provisions of the order.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-2 Definition of Terms

(1) "Board" means the Sheep Marketing Board. The board ensures that proceeds from any assessments and any other funds directed to the board by the commissioner ar e placed in an account in the board's name in a depository institution, disburses the funds to promote the marketing of Utah sheep, and ensures that the account is reviewed by an account approved by the commissioner annually.

(2) "Commissioner" means the commissioner of the Utah Department of Agriculture and Food or the commissioner's designee.

(3) "Department" means the Utah Department of Agriculture and Food.

(4) "Handler" means an individual or an organization engaged in the merchandising of sheep or sheep products.

(5) "Order" or "marketing order" means the mechanism by which the assessment is levied.

(6) "Person" means any individual, group of individuals, partnership, corporation, association, cooperative, legal representative, or any other entity.

(7) "Producer" means a person owning at least 100 rams, ewes, or lambs.

(8) "Registered producers" means producers who have indicated that they want to be included in the marketing order voting process by registering to vote in the referendum. Registration forms may be mailed out with the ballots.

(9) "Sheep" means rams, ewes, or lambs.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-3 Board

(1) The board shall consist of five members of the sheep industry, the commissioner, and a non-voting member representing higher education.

(2) The original members of the board shall be selected by the commissioner from a list submitted by the industry.

(3) Successors to original members shall be appointed by the commissioner from names submitted by the industry.

(a) Two members shall be appointed for three years.

(b) Three members shall be appointed for four years.

(d) This rotation shall be in effect for the term of the marketing order.

(e) In the event of a vacancy, the commissioner shall appoint a new member from names submitted by the board.

(4) Members of the board shall only succeed themselves once and not serve on the board for more than eight consecutive years.

(5) The commissioner shall serve as chair of the board.

(6) A majority of the board members, plus the chair, shall constitute a quorum. Each decision of the board shall be by majority vote.

(7) Each member of the board may receive a per diem and expenses in accordance with Sections 63A-3-106 and 63A- 3-107. No member of the board shall receive a salary.

(8) With the commissioner's approval, the board may establish policies necessary and incidental to the administration of this rule.

(9) The board shall meet at least quarterly.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-4 Duties of the Board

(1) The board shall:

(a) receive and spend funds collected for the benefit of Utah sheep producers;

(b) cooperate with any local, state, or national organization engaged in activities like those of the board;

(c) conduct educational programs and advertising to promote sheep and sheep products. Advertising and sales promotions to create new or larger markets for sheep and sheep products produced in Utah shall be directed toward increasing the sale of sheep and sheep products without reference to a brand or trade name; and

(e) engage in activities to promote the Utah sheep industry.

(2) The board may:

(a) establish uniform grading and inspection of sheep products sold or offered for sale by producers or handlers and the establishment of grading standards of quality, conditions, and size;

(b) establish grading standards of quality, conditions, and size that are not below any minimum standards prescribed by law for the state; and

(c) conduct research projects to improve the profitability and general condition of the Utah sheep industry and to protect the health of the people of Utah.

(3) Labeling, marketing, or branding sheep products shall not conflict with any department or state law rules.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-5 Expenses -- Assessments - Collection and Disbursement

(1) Pursuant to Subsection 4-23-109(1) Each producer subject to this rule may pay to the board a pro rata share of expenses as the commissioner may find necessary to be incurred by the board for the functioning of the marketing order. This assessment shall constitute a personal debt of every person so assessed and shall be due and payable upon the sale of wool.

(2) The pro rata shares of the expenses payable by a cooperative association of producers shall be computed based on the quantity of the product covered by the order which is distributed, sold, or shipped in commerce by a cooperative association of producers.

(3) When levied, the assessment of each producer shall be deducted from the producer's gross receipt by the wool purchaser or handler.

(a) Any proceeds the purchaser or handler receives from the deducted portion shall be paid at least quarterly to the board.

(b) Sheep spending part of the year in Utah shall be assessed pro rata based on the time spent in Utah.

(4) The board shall reimburse the commissioner for any funds that are expended by the commissioner in performing their duties, as provided in Section R65-11-4. Reimbursement includes only funds expended in connection with this rule.

(5) The board may incur expenses as are necessary to carry out its functions subject to the approval of the commissioner. The board shall receive and disburse any funds received by it pursuant to Section R65-11-5.

(6) Any producer who wishes a refund of their paid assessment may request the refund by notifying the board in writing within 30 days of payment of the assessment.

(a) Each claim for a refund shall be approved by the board and paid from the board's account.

(b) A claim for a refund is not allowed if it is filed more than 30 days after the date the assessment is collected.

(7) Assessments made and monies collected under this rule shall be divided into:

(a) assessments and funds for administrative purposes;

(b) educational purposes;

(d) research purposes.

(i) Assessments and funds shall be used solely for the purposes for which they are collected.

(ii) No funds shall be used for political or lobbying activities.

(8) At the end of a fiscal year, if the funds collected are more than the expenses incurred, the board may carry over any excess portion into subsequent years as a reserve with the commissioner's approval.

(a) Reserve funds may be used to cover any expenses authorized by this rule and necessary expenses of liquidation if the order is terminated or the board is dissolved.

(b) Any excess not kept in reserve shall be refunded proportionately to the purchaser, handler, or producer from whom the excess was collected.

(c) Without an additional reserve level approved by the commissioner, the amount held in reserve may not exceed one year's operational expenses.

(9) The board shall have its financial records reviewed by an accountant approved by the commissioner once each fiscal year. The annual review shall be completed and provided to the department's Administrative Services Division within 180 days of the end of each fiscal year.

(a) The review shall include an examination of the receipt of funds, the disbursement of funds, and any reimbursements, as well as a review of the board's financial documents, including bank statements, bank account reconciliations, and board meeting minutes.

(b) The board shall make copies of the reviews and financial statements after removing any confidential individual producer or processor information that may be contained in them, available to producers and processors for examination.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-6 Board - Member's Liability

(1) No member of the board, nor any employee of the board, shall be deemed responsible individually in any way to any producer, distributor, handler, processor, or any other person, for errors of judgment, mistakes, or other acts, either of commission or omission of principal, agent, person, or employee, except for individual acts of dishonesty or crime.

(2) No person or employee shall be held responsible individually for any act or omission of any other member of the board. The liability of the members of the board shall be several and not joint, and no member shall be liable for the default of any other member.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-7 Complaints for Violations - Producer

Complaints for violations of this rule shall be handled by the responsible legal agencies and shall be enforced in the civil courts of the state.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-8 Termination of Order- Proceeds After Termination

(1) The commissioner may terminate the order at any time as may be determined there is no longer an industry need for the order.

(2) Upon the termination of the order, the then functioning members of the board shall, to liquidate the affairs of the board, continue as trustees of the funds and property then in its possession, or under its control, including claims for any funds unpaid or property not delivered at termination.

(3) The trustees shall:

(a) continue in their capacity until discharged by the commissioner upon dissolution of the board;

(b) liquidate any property then it its possession;

(d) to the extent practicable, proportionally return funds to the persons from whom the funds were collected.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

Utah Admin. Code R65-11-9 Rights of the Commissioner

(1) Members of the board, and any agents, employees, or representatives of the board, shall be subject to removal or suspension by the commissioner at any time.

(2) Each rule, decision, determination, or other act of the board shall be subject to the commissioner's veto at any time. Upon veto, the vetoed action of the board is considered void, except for acts done before the veto by the commissioner.

History

KEY: promotions
Date of Last Change: June 24, 2025
Notice of Continuation: March 23, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(e)

R65-13 Utah's Own

Utah Admin. Code R65-13-1 Authority and Purpose

Pursuant to Subsection 4-8-104(5) this rule provides the application procedures, standards, and requirements for membership in the Utah's Own program.

History

KEY: Utah's Own program, membership in Utah's Own program
Date of Last Change: May 28, 2020
Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)

Utah Admin. Code R65-13-2 Definitions

(1) "Agricultural Product" means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103.

(2) "Department" means the Utah Department of Agriculture and Food.

(3) "Locally Produced Agricultural Products" means agricultural products that are grown, raised, or harvested in Utah.

(4) "Member Company" means a farm or other company headquartered or incorporated in Utah that:

(a) grows, raises, produces, prepares, or manufactures food in Utah;

(b) manufactures a body care product in Utah;

(d) manufactures other products in Utah using locally produced agricultural products.

(5) "Program" means the Utah's Own program.

(6) "Program Mark" means the Utah's Own logo, which is trademarked by the department.

History

KEY: Utah's Own program, membership in Utah's Own program
Date of Last Change: May 28, 2020
Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)

Utah Admin. Code R68-13-3 Membership Eligibility and Application

(1) A program applicant shall submit to the department:

(a) a completed application form;

(b) a copy of the company's business license; and

(2) To be eligible for membership in the program, an applicant shall be headquartered or incorporated in Utah and shall:

(a) grow, raise, produce, prepare ,or manufacture food in Utah;

(b) produce or manufacture a dietary supplement in Utah;

(d) manufacture other products in Utah using locally produced agricultural products.

(3) The department may deny membership if:

(a) the applicant provides false information on the application;

(b) membership status has previously been revoked; or

(d) the applicant has acted in a manner that may damage the reputation of the program.

(4) Membership shall be valid for one year from the date of acceptance.

(5) Renewal shall be submitted on forms provided by the department.

(6) Program membership is nontransferable. The company must notify the department within 30 days of any change of ownership.

History

KEY: Utah's Own program, membership in Utah's Own program
Date of Last Change: May 28, 2020
Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)

Utah Admin. Code R65-13-4 Use of the Program Mark

(1) Each member company shall be given a limited right to use the program mark as prescribed by the department.

(2) Upon acceptance of the program application, the department shall provide a confirmation of membership and copies of the program mark suitable for reproduction to each member company.

(3) Prior to using the program mark, the member company shall provide design concepts to the department, so that the department may validate compliance with usage guidelines.

(4) The limited right to use the program mark terminates if the member company does not renew membership yearly, or if membership is revoked or terminated.

R65-13-5 Marketing Support.

(1) The department may provide marketing support to a member company at department discretion.

(2) Additional marketing support may be given to a member company that uses locally produced agricultural products in their saleable product.

History

KEY: Utah's Own program, membership in Utah's Own program
Date of Last Change: May 28, 2020
Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)

Utah Admin. Code R65-13-6 Membership Revocation and Termination

(1) Program membership may be revoked if the member company:

(a) no longer meets the qualifications for membership;

(b) violates any applicable statute or rule;

(d) acts in a manner that may damage the reputation of the program.

History

KEY: Utah's Own program, membership in Utah's Own program
Date of Last Change: May 28, 2020
Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)

R66 Specialized Products

R66-1 Cannabis Cultivation

Utah Admin. Code R66-1-1 Authority and Purpose

Pursuant to Subsections 4-41a-103(5), 4-41a-204(2)(e), 4-41a-302(3)(b)(ii), 4-41a-404(3), 4-41a-405(2)(b)(iv), 4-41a- 701(3), 4-41a-801(1), and 4-2-103(1)(i), this rule establishes the application process, qualifications, and requirements to obtain and maintain a cannabis cultivation facility license.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-2 Definitions

As used in this rule:

(1) "Board" Means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.

(2)(a) "Cannabis" means any part of a marijuana plant.

(b) "Cannabis" does not mean, for purposes of this rule, industrial hemp.

(3) "Cannabis cultivation facility" means a person that:

(a) possesses cannabis;

(b) grows or intends to grow cannabis; and

(4) "Cannabis cultivation facility agent registration card" means a registration card that the department issues that:

(a) authorizes an individual to act as a cannabis production establishment agent; and

(b) designates the type of cannabis production establishment for which an individual may act as an agent.

(5) "Department" means the Utah Department of Agriculture and Food.

(6) "Indoor cannabis cultivation" means cultivation of cannabis within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

(7) "Lot" means the quantity of:

(a) flower produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

(8) "Outdoor cannabis cultivation" means an open or cleared ground fully enclosed at the perimeter by a securable, sight obscure wall or fence at least eight feet high.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-3 Cannabis Cultivation Facility License

(1) A cannabis cultivation facility license allows the licensee to propagate, cultivate, harvest, trim, dry, cure, and package cannabis into lots for sale or transfer to a cannabis production facility.

(2) A cannabis cultivation facility may produce and sell cannabis plants, seed, and plant tissue culture to other licensed cannabis cultivation facilities.

(3) The cannabis cultivation facility license shall expire on December 31st.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-4 Cannabis Cultivation Facility Requirements

(1) A cannabis cultivation facility operating plan shall meet the requirements described in Section 4-41a-204 and contain a blueprint or diagram of the facility containing the following information:

(a) for indoor cannabis cultivation, the square footage of the area where cannabis is to be propagated;

(b) for indoor cannabis cultivation, the square footage of the area where cannabis is to be grown;

(d) the area where cannabis is to be dried, trimmed, and cured;

(e) the area where cannabis is to be packaged for wholesale;

(f) the total square footage of the cultivation facility;

(g) location of areas to be used as a storeroom;

(h) the location of the toilet facilities and hand washing facilities;

(i) the location of a break room and location of personal belonging lockers; and

(j) the location of the area to be used for loading and unloading of cannabis product for transportation.

(2) For outdoor cannabis cultivation, the operating plan shall contain a detailed aerial photograph of the area on which the following information is shown:

(a) the area where cannabis to be propagated; and

(b) the area where cannabis is to be grown.

(3) A cannabis cultivation facility operating plan shall include a waste disposal plan that complies with Section 4-41a- 405.

(4) A cannabis cultivation facility shall have a written plan to handle potential destruction of cannabis because of contamination.

(5) A cannabis cultivation facility shall use a standardized scale that is registered with the department when cannabis is weighed for entry into the inventory control system.

R66-1-5 Indoor and Outdoor Cannabis Cultivation Limitations.

Pursuant to Subsection 4-41a-204(2)(e), a cannabis cultivation facility that uses a combination of indoor and outdoor cultivation shall be subject to the following formula:

(1) the cannabis cultivation facility may use no more than a total of two acres outdoors and 50,000 square feet indoors for cultivation; or

(2) the cannabis cultivation facility may use less than two acres outdoors or 50,000 square feet indoors for cultivation but may not exceed the indoor or outdoor limit.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-6 Security Requirements

(1) At a minimum, a licensed cannabis cultivation facility shall have a complete video surveillance system:

(a) with a minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog; and

(b) that allows for the clear and certain identification of any person or activities.

(2) Visitors to a cannabis cultivation facility shall be required to have a properly displayed identification badge issued by the facility while on the premises of the facility.

(3) Cannabis cultivation facility visitors shall be escorted by a cannabis cultivation facility agent while in the facility.

(4) A cannabis cultivation facility shall keep and maintain a log showing:

(a) the full name and age of each visitor entering the facility;

(b) the badge number issued;

(d) the time of departure; and

(e) the purpose of the visit.

(5) The visitor log shall be maintained by the cannabis cultivation facility for a minimum of one year.

(6) The cannabis cultivation facility shall make visitor log available to the department upon request.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-7 Inventory Control

(1) Each cannabis plant, lot of usable cannabis trim, leaves, and other plant matter, test lot, and harvest lot shall be issued a unique identification number in the inventory control system.

(2) Unique identification numbers cannot be reused.

(3) Each cannabis plant, lot of usable cannabis trim, leaves, and other plant matter, cannabis product, test lot, harvest lot, and process lot that has been issued a unique identification number shall have a physical tag with the unique identification number.

(4) The tag shall be legible and placed in a position that can be clearly read and kept free from dirt and debris and include the following information:

(a) unique identification number;

(b) batch or lot number;

(d) facility name and license number; and

(e) date entered into the inventory control system.

(5) A receiving cannabis cultivation facility shall:

(a) document in the inventory control system any cannabis received, and any differences between the quantity specified in the transport manifest and the quantities received; and

(b) within one week of receipt, notify the department of disparities in the quantity of cannabis received that are greater than 10% from the manifest recorded amount.

(6) For plants under eight inches, the cultivation facility shall keep record of:

(a) the number of cannabis seeds or cuttings planted;

(b) the date they were planted;

(d) the strain of the seeds or cuttings;

(e) the number of plants grown to maturity;

(f) the number of plants disposed of; and

(g) the date of disposal.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-8 Cannabis Cultivation Facility Agents

(1) A cannabis cultivation facility is responsible to ensure that each cannabis cultivation facility agent has received any task specific training as outlined in the operating plan submitted to the department.

(2) A cannabis cultivation facility agent shall have a properly displayed identification badge which has been issued by the department while on the facility premises or while engaged in the transportation of cannabis.

(3) Each cannabis cultivation facility agent shall have their state issued identification in their possession to certify the information on their badge is correct.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-9 Irradiation of Cannabis Plants

(1) A cannabis cultivation facility may utilize radiation-based methods and equipment for quality assurance or remediation purposes if:

(a) the method is approved in their operating plan, that includes:

(i) type of radiation or ionizing energy source;

(ii) equipment; and

(iii) documentation of state approval by the Utah Department of Environmental Quality; and

(b) if being used for remediation, the cultivator has submitted and received approval from the department.

(2) Batches or lots of cannabis treated by radiation shall be noted in the inventory control system, and each container of the batch or lot shall be stickered with the radura symbol until the batch is completely used or destroyed.

(3) The cultivator shall maintain the records required by this section for three years after the final disposition of the irradiated cannabis, and shall make the records available for inspection and copy by the department. Records include:

(a) the cannabis batch treated;

(b) lot identification;

(d) ionizing energy source;

(e) source calibration;

(f) dosimetry;

(g) dose distribution in the product;

(h) the date of irradiation;

(i) final products that were made by the irradiated cannabis; and

(j) processors the plant product was sent to.

(4) The label of a cannabis product that contains irradiated cannabis shall display:

(a) the radura symbol that is at least one-sixteenth inch in height; and

(b) the statement: "Treated with radiation" in text as prominent as the ingredients.

(5) The radura symbol and statement shall be placed prominently and conspicuously on the label.

(6) A cultivator shall notify a processor that the product has been irradiated before purchase.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-10 Recall Protocol

(1) The department may initiate a recall of cannabis or cannabis products if:

(a) evidence exists that pesticides not approved by the department are present on or in the cannabis or cannabis product;

(b) evidence exists that residual solvents are present on or in cannabis or cannabis product;

(d) the department believes or has reason to believe the cannabis or cannabis product is unfit for human consumption.

(2) A cannabis cultivation facility's recall plan shall include, at a minimum:

(a) designation of at least one member of the staff who serves as the recall coordinator;

(b) procedures for identifying and isolating product to prevent or minimize distribution to patients;

(d) a communications plan to notify those affected by the recall.

(3) The facility must track the total amount of affected cannabis or cannabis product and the amount of affected cannabis or cannabis product returned to the facility as part of the recall.

(4) A cannabis cultivation facility shall coordinate the destruction of the cannabis or cannabis product with the department and allow the department to oversee the destruction of the affected product.

(5) The department shall periodically check on the progress of the recall until the department declares an end to the recall.

(6) A cannabis cultivation facility shall notify the department before initiating a voluntary recall.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-11 Minimum Requirements for the Storage and Handling of Cannabis

(1) Storage areas shall provide adequate lighting, sanitation, temperature, humidity, space, equipment, and security conditions for the storage of cannabis.

(2) Stored cannabis shall be at least six inches off the ground.

(3) Cannabis shall be stored away from other chemicals, lubricants, pesticides, fertilizers, or other potential contaminants.

(4) Cannabis that is outdated, damaged, deteriorated, misbranded, adulterated shall be stored separately by physical barrier until it is destroyed.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-12 Change in Operation Plans

(1) A cannabis cultivation facility shall submit a notice, on a form provided by the department, before making any changes to:

(a) ownership or financial backing of the facility;

(b) the facility's name;

(d) any modification, remodeling, expansion, reduction or physical, non-cosmetic alteration of a facility; or

(e) change in square footage or acreage of cannabis intended to be cultivated.

(2) A cannabis cultivation facility may not implement changes to the approved operation plan without department approval.

(3) The department shall approve of requested changes unless approval would lead to a violation of the applicable laws and rules of the state.

(4) The department shall specify the reason for the denial of approval for a change to the operation plan.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-13 Renewals

(1) A cannabis cultivation facility shall submit a notice of intent to renew the cannabis cultivation facility license and the licensing fee to the department by November 1st.

(2) The licensee shall report information required under Subsection 4-41a-201.1(1)(b)(ii) to the board.

(3) If the cannabis cultivation facility licensing fee and intent to renew the cannabis cultivation facility license are not submitted by December 31st the cannabis cultivation facility licensee may not continue to operate.

(4) Pursuant to Section 4-41a-203, the board shall renew a cannabis cultivation facility license unless they identify a significant violation of the applicable laws and rules of the state.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

Utah Admin. Code R66-1-14 Violations Categories

(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety including:

(a) use of unapproved pesticide or unapproved agricultural soil amendment;

(b) cannabis sold to an unlicensed source;

(d) refusal to allow inspection;

(e) failure to comply with testing requirements;

(f) a test result for high pesticide residue in the cannabis produced or cannabis product;

(g) unauthorized personnel on the premises;

(h) permitting criminal conduct on the premises; or

(i) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments.

(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least two years;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements;

(f) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments or this rule; or

(g) failure to maintain standardized scales.

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may consider enhancing or reducing the penalty based on the seriousness of the violation.

History

KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4- 41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)

R66-2 Cannabis Processing

Utah Admin. Code R66-2-1 Authority and Purpose

Pursuant to Subsections 4-41a-103(5), 4-41a-302(3)(b)(ii), 4-41a-404(3), 4-41a-405(2)(b)(iv), 4-41a-701(3), 4-41a- 801(1), and 4-2-103(1)(i), this rule establishes the application process, qualifications, and requirements to obtain and maintain a cannabis processing license.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-2 Definitions

(1) "Advertised Cannabinoid" means a cannabinoid listed on the product face.

(2) "Appealing to children" means:

(a) has a likeness bearing resemblance to a cartoon character or fictional character; or

(b) imitates a food or other product that is typically marketed toward or is appealing to children.

(3) "Brand name" means a name given to a product by the manufacturer that does not include an image or symbol. "Brand name" does not mean strains or flavors.

(4) "Cannabinoid isolate" means the same as the term is defined in Subsection R66-3-2(11).

(5) "Cannabis fact panel" means a part of the label that contains the information described in Subsections R66-2- 13(10) and R66-2-13(12) .

(6) "COA" means Certificate of Analysis from an independent cannabis testing laboratory.

(7) "Complaint" means any negative feedback received from a medical cannabis patient or medical cannabis or industrial hemp licensee.

(8) "Descriptive product name" means a common name used for the dosage form.

(9) "Directions for use" means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines, and may include:

(a) THC percentage;

(b) strain names;

(d) dietary restrictions.

(10) "Label" means a written, printed, or graphic display on the immediate container of a product.

(11) "Labeling" means a label and other written, printed, or graphic display:

(a) on the product or the product's container or wrapper; or

(b) accompanying the product.

(12) "Logo" means symbols, stylized text, or both that represent a company through a visual image that can be easily understood and recognized.

(13) "Lot" means the quantity of:

(a) flower produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

(14) "Product face" means the part of a label that is on the outer packaging and most likely to be displayed, presented, or shown under customary conditions of display for retail sale.

(15) "Total THC" means the sum of the determined amounts of delta-9-THC and delta-9-THCA, according to the formula: Total THC = delta-9-THC + (delta-9-THCA x 0.877).

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-3 Cannabis Processing Facility License

(1) A cannabis processing facility license allows the licensee to receive cannabis from a licensed cannabis cultivator or processor.

(2) A cannabis processing facility license allows the licensee to manufacture cannabis products and send them to medical cannabis pharmacies for sale.

(3) Each cannabis processing facility license shall expire one calendar year from the date of licensure.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-4 Cannabis Processing Facility Requirements

(1) A cannabis processing facility operating plan shall meet the requirements described in Section 4-41a-204 and contain a blueprint of the facility containing the following information:

(a) the areas where cannabis is to be extracted;

(b) the areas where cannabis or cannabis products are to be packaged and labeled;

(d) location of storerooms for cannabis awaiting extraction;

(e) location of storerooms for cannabis awaiting further manufacturing;

(f) the area where finished cannabis and cannabis products are stored;

(g) the location of toilet facilities and hand washing facilities;

(h) the location of a break room and location of personal belonging lockers; and

(i) the location of the areas to be used for loading and unloading of cannabis and cannabis products.

(2) A cannabis processing facility shall have a written plan to handle potential recall and destruction of cannabis due to contamination.

(3) A cannabis processing facility operating plan shall include a waste disposal plan that complies with 4-41a-405.

(4) A cannabis processing facility shall use a standardized scale that is registered with the department when cannabis is:

(a) packaged for sale by weight;

(b) bought and sold by weight; or

(5) A cannabis processing facility creating cannabis derivative product shall develop standard operating procedures.

(6) Pursuant to Subsection 4-41a-403(4)(b), a cannabis processing facility may use signage on the property that includes a logo, as long as the logo does not include:

(a) terms, slang, phrasing, or verbiage associated with the recreational use of cannabis;

(b) any image bearing resemblance to a cartoon character or fictional character whose target audience is children or minors;

(d) imagery featuring a person using the product in any way;

(e) any recreationally oriented subject; or

(f) any statement, design, or representation, picture, or illustration that is obscene or indecent.

(7) A cannabis processing facility shall keep records verifying that each time they receive a batch of vaporizer cartridges a sample is tested for heavy metals by an independent cannabis testing laboratory pursuant to Section 4-41a-603 or have a certificate of conformance from the manufacturer.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-5 Separation of Cannabis and Hemp Processed in a Single Facility

(1) Any facility that has both an industrial hemp processing license and a license for medical cannabis processing shall ensure physical separation of medical cannabis and industrial hemp in its facility at all times.

(2) Processing of industrial hemp material and cannabis material may not occur on the same equipment on the same day, unless cleaned between runs.

(3) The licensee shall provide the department with an operating plan detailing how separation of materials is implemented, including the facility's separation procedures for raw material, extract, and final products that ensures:

(a) only one material is processed at a time;

(b) packaging tables are only used for the material being processed each day; and

(i) cleaning logs shall be kept and provided to the department upon inspection of the facility; and

(ii) cleaning logs shall include the machines used, the date cleaned, and the name of the employee that conducted the cleaning.

(4) Cannabis and hemp material shall be clearly labeled pursuant to the requirements of this rule and Rule R66-30 and shall be in sealed containers.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-6 Cannabis Extraction Requirements

(1) A cannabis processing facility shall ensure hydrocarbons n-butane, isobutane, propane, or heptane are of at least 99% purity.

(2) A cannabis processing facility shall use a professional grade extraction system designed to recover the solvents, work in an environment with proper ventilation, and control each source of ignition where a flammable atmosphere is or may be present.

(3) A cannabis processing facility using carbon dioxide (CO 2 ) gas extraction system shall use a professional grade closed loop CO 2 gas extraction system where each vessel is rated to a minimum of six hundred pounds per square inch and CO 2 shall be at least 99% purity.

(4) Closed loop hydrocarbon, alcohol, or CO 2 extraction systems shall be commercially manufactured and bear a permanently affixed and visible serial number.

(5) A cannabis processing facility using a closed loop system shall, upon request, provide the department with certification from a licensed engineer stating the system is:

(a) safe for its intended use;

(b) commercially manufactured; and

(i) the American Society of Mechanical Engineers (ASME);

(ii) American National Standards Institute (ANSI);

(iii) Underwriters Laboratories; or

(iv) The American Society for Testing and Materials.

(6) The certification document shall contain the signature and stamp of the certifying professional engineer and the serial number of the extraction unit being certified.

(7) A cannabis processing facility may use an alternative extraction method with prior approval from the department.

(8) A cannabis processing facility shall use food grade ingredients to create cannabis derivative product.

(9) A cannabis processing facility may use heat, screens, presses, steam distillation, ice water, and other mechanical methods which do not use solvents or gases.

(10) A cannabis processing facility shall ensure each solvent, with the exception of CO 2 , is extracted in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

(11) A cannabis processing facility agent using solvents or gases in a closed loop system shall be fully trained in the use of the system and have direct access to applicable material safety data sheets.

(12) Parts per million for one gram of finished extract cannot exceed residual solvent or gas levels provided in Rule R66-3.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-7 Cannabinoid Isolate

(1) A licensed Tier 1 cannabis processing facility may use cannabinoid isolate from a licensed industrial hemp processing facility.

(2) A Tier 1 cannabis processing facility may not receive more than 120 kilograms of cannabinoid isolate in a single license year.

(3) Any transfer of cannabinoid isolate shall be accompanied by a full panel COA.

(4) The cannabis processing facility shall maintain a record of each transfer of cannabinoid isolate that is available for review by the department, including:

(a) the source of the cannabinoid isolate and verification that it was derived from certified industrial hemp;

(b) the intended use of the cannabinoid isolate; and

(5) Upon receipt of cannabinoid isolate, a cannabinoid processing facility shall submit a sample of the isolate to a licensed independent cannabis testing laboratory for cannabinoid and adulterant testing, pursuant to the requirements of Rule R66-3.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-8 Security Requirements

(1) At a minimum, a licensed cannabis processing facility shall have a complete video surveillance system:

(a) with minimum camera resolution of 1280 x 720 pixels or pixel equivalent for analog; and

(b) that allows for the clear and certain identification of any person and activity.

(2) Each visitor to a cannabis processing facility shall be required to display an identification badge issued by the facility while on the premises.

(3) At any time, visitors shall be escorted by a cannabis processing facility agent.

(4) A cannabis processing facility shall keep and maintain a visitors log showing:

(a) the full name and age of each visitor entering the facility;

(b) badge number issued;

(d) the time of departure; and

(e) the purpose of the visit.

(5) The cannabis processing facility shall keep the visitors log for a minimum of one year.

(6) The cannabis processing facility shall make the visitor log available to the department upon request.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-9 Inventory Control

(1) Each batch or lot of cannabis, cannabis derivative product, cannabis product, test sample, or cannabis waste shall be entered into the inventory control system. Recorded information shall include:

(a) unique identification number;

(b) batch or lot number;

(d) facility name and license number; and

(e) date entered into the inventory control system.

(2) Each batch or lot of cannabis, cannabis derivative product, cannabis product, sample, or cannabis waste shall be traceable to the lot.

(3) Unique identification numbers may not be reused.

(4) Each batch, lot, or sample of cannabis, cannabis derivative product, cannabis product, or cannabis waste shall have a physical tag containing information listed in Subsection R66-2-9(1).

(5) The tag shall be legible and placed in a position that can be clearly read.

(6) A receiving cannabis processing facility shall;

(a) document in the inventory control system any material containing cannabis received, and any difference between the quantity specified in the transport manifest and the quantity received; and

(b) within one working week, notify the department if disparities in the quantity of cannabis received are greater than 10% from the manifest recorded amount.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-10 Cannabis Processing Facility Agents

(1) A cannabis processing facility is responsible for ensuring that each agent has received any task specific training as outlined in the operating plan submitted to the department.

(2) A cannabis processing facility agent shall have a properly displayed identification badge which has been issued by the department at all times while on the facility premises or while engaged in the transportation of cannabis.

(3) Each cannabis processing facility agent shall have their state issued identification card in their possession to certify the information on their badge is correct.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-11 Processing of Cannabis and Cannabis Products

A licensee that manufactures cannabis products shall be registered with the Division of Regulatory Services within the department.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-12 Irradiated Plant Product From Cannabis Cultivators

(1) A cannabis processor may use methods of irradiation for the remediation of cannabis if:

(a) the method is approved in their operating plan, which includes:

(i) type of radiation or ionizing energy source;

(ii) equipment; and

(iii) documentation of state approval by the Utah Department of Environmental Quality;

(b) the product has failed quality assurance testing for microbial contaminants; and

(2) Batches or lots of cannabis remediated by radiation shall be noted in the inventory control system, and each container of the batch or lot shall have a sticker with the Radura symbol until the batch is completely used or destroyed.

(3) The processor shall maintain records required by this section for three years after the final disposition of the irradiated cannabis, and shall make the records available for inspection and copy by the department. Records shall include:

(a) the cannabis batch treated;

(b) lot identification;

(d) ionizing energy source;

(e) source calibration;

(f) dosimetry;

(g) dose distribution in the product;

(h) the date of irradiation;

(i) final products that were made by the irradiated cannabis; and

(j) pharmacies the product was sent to.

(4) The label of a cannabis product that contains irradiated cannabis shall display:

(a) the Radura symbol; and

(b) the statement: "Treated with radiation" in text as prominent as the ingredients.

(5) The Radura symbol and statement shall be placed prominently and conspicuously on the label.

(6) Processors shall notify a pharmacy that the product has been irradiated before purchase.

(7) Processors that receive irradiated cannabis from a cultivator shall follow Subsections R66-2-12(4)(a), R66-2- 12(4)(b), R66-2-12(5), and R66-2-12(6).

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-13 Labeling and Packaging of Cannabis and Cannabis Products

(1) Cannabis product labeling shall contain the following information:

(a) the medicinal dosage form identified on the product face along with the words "THC or Cannabis Infused":

(i) "gummies" may be used instead of "gelatinous cube";

(ii) "tincture" may be used instead of "sublingual preparation" or "liquid suspension";

(iii) a descriptive product name, that is not appealing to children, recreational, or contain adjectives;

(b) the name and license number of the cannabis processing facility;

(c) directions for consumers to contact the department with product complaints by going to medicalcannabis.utah.gov/production;

(d) for products containing THC, a warning symbol provided by the department that contrasts conspicuously with the background; and

(e) the amount of total THC contained in the package, in milligrams.

(2) A cannabis processing facility may include a QR code on the cannabis product labeling that links to a COA from a licensed independent cannabis testing laboratory. The QR code may not link to any other information.

(3) Any information appearing on the cannabis product labeling shall be:

(a) displayed in any legible font, that is not a script or decorative font, provided that the lowercase letter "o" is at least one-sixteenth inch in height;

(b) displayed in a color that contrasts conspicuously with its background; and

(4) A cannabis processing facility shall place a cannabis fact panel on a cannabis product before the sale of the cannabis product to a medical cannabis pharmacy.

(5) The cannabis fact panel shall be printed in black and white.

(6) The cannabis fact panel shall be securely affixed to the package.

(7) The cannabis fact panel for cannabis plant product shall include the following information, from top to bottom, in the order as listed:

(a) the name of the cannabis cultivation facility, identified as the cultivator;

(b) the lot number;

(d) the date of final testing;

(e) the batch number;

(f) the date on which the product was packaged;

(g) the quantity of any cannabinoid listed as present on the COA that is greater than 1% of total cannabinoids;

(h) the expiration date; and

(i) the net weight displayed in grams.

(8) THC potency levels for cannabis flower shall be listed as total THC in milligrams per gram.

(9) The cannabis fact panel for a cannabis derivative product shall include the following information, from top to bottom, in the order listed:

(a) the batch number;

(b) the date of the final testing;

(d) for products intended to be ingested, the amount of total THC and any advertised cannabinoid in milligrams per serving;

(e) the quantity of any cannabinoid listed as present on the COA that is greater than 1% of total cannabinoids;

(f) the expiration date;

(g) the total amount of THC measured in milligrams per gram;

(h) a list of each ingredient and each major food allergen as identified in 21 U.S.C. 343;

(i) the identity of any artificially derived cannabinoid present in the product;

(j) the net weight of the product displayed in grams or milliliters and the number of pieces, if applicable; and

(k) a disclosure of the type of extraction process used and any solvent, gas, or other chemical used in the extraction process.

(10) A cannabis processing facility may include a QR code affixed to the product that is scannable for inventory control at the pharmacy. The QR code may not link to any other information.

(11) The label of a cannabis derivative product may include a flavor name if it is not candy-like or a name that appeals to children.

(12) The label of a cannabis product that contains an artificially derived cannabinoid shall clearly display the following text: "This product contains artificially derived cannabinoids."

(13) Any terpene listed on a cannabis product package shall be verified as present by a licensed independent cannabis testing laboratory and have its quantity listed on the fact panel.

(14) A cannabis processing facility may include a logo and product brand name on the cannabis product face that is exempt from the requirements of Subsection R66-2-13(5) and that:

(a) does not obscure the information required on the label; and

(b) does not include:

(i) terms, slang, phrasing, or verbiage associated with the recreational use of cannabis;

(ii) any image bearing resemblance to a cartoon character or fictional character whose target audience is children or minors;

(iii) content, symbol, or imagery that appeals to children;

(iv) imagery featuring a person using the product in any way;

(v) any recreationally oriented subject; or

(vi) any statement, design, or representation, picture, or illustration that is obscene, sexual, or criminal.

(15)(a) No other information, illustration, or depiction with the exception of directions for use or an item required by state law shall appear on the labeling.

(b) Any warnings required in Chapter 4-41a may be added to the label of any product.

(16) Shapes on cannabis product packaging or labeling may not resemble the product or real-world items.

(17) Labeling may not contain medical claims.

(18) Cannabis product packaging, logos, and brand names shall be pre-approved by the department.

(19) The department reserves the right to deny any label, logo, or brand name if the department reasonably believes it is in conflict with Chapter 4-41a or this section.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-14 Recall Protocol

(1) The department may initiate a recall of cannabis or cannabis products if:

(a) evidence exists that pesticides not approved by the department are present on or in the cannabis or cannabis product;

(b) evidence exists that residual solvents are present on or in cannabis or cannabis product;

(d) the department believes or has reason to believe the cannabis or cannabis product is unfit for human consumption.

(2) The recall plan of a cannabis processing facility shall include, at a minimum:

(a) a designation of at least one member of the staff who serves as the recall coordinator;

(b) procedures for identifying and isolating product to prevent or minimize distribution to patients;

(d) a communications plan to notify those affected by the recall.

(3) The cannabis processing facility shall track the total amount of affected cannabis or cannabis product and the amount of affected cannabis or cannabis product returned to the facility as part of the recall.

(4) The cannabis processing facility shall coordinate the destruction of the cannabis or cannabis product with the department and allow the department to oversee the destruction of the affected product.

(5) The department has authority to monitor the progress of the recall until the department declares an end to the recall.

(6) A cannabis production facility shall notify the department before initiating a voluntary recall.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-15 Change in Operation Plans

(1) A cannabis processing facility shall submit a notice, on a form provided by the department, before making any changes to the facility's operating plan, including:

(a) ownership or financial backing of the facility;

(b) the facility's name;

(d) any modification, remodeling, expansion, reduction, or physical, non-cosmetic alteration of a facility;

(e) changes or adds processing or extraction equipment;

(f) adds a new product or dosage form; or

(g) any information requested by the department that shall allow the department to determine if requirements will be met.

(2) A cannabis processing facility may not implement changes to the initial approved operation plan without approval.

(3) The board shall approve of requested changes unless approval would lead to a violation of the applicable laws and rules of the state.

(4) The department shall specify the reason for the denial of approval for a change to the operation plan.

(5) Before the board's review of a cannabis production establishment license under Subsection 4-41a-201.1(7)(e), the cannabis production establishment shall provide the board with:

(a) blueprints that show that there will be physical separation between medical cannabis and industrial hemp produced in their facility, including demonstrating storage and packaging areas are separate; and

(b) any information requested by the board that shall allow the board to determine if the requirements of Section R66- 2-5 will be met before the medical cannabis production establishment processes industrial hemp or industrial hemp products.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-16 Renewals

(1) A cannabis processing facility shall submit a notice of intent to renew and the licensing fee to the department within 30 days of license expiration.

(2) The licensee shall report the information required for renewal under Subsection 4-41a-201.1(10)(b)(iii) to the board.

(3) If the licensing fee and intent to renew are not submitted by the day of license expiration, the licensee may not continue to operate.

(4) The board may take into consideration significant violations issued in determining license renewals.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-17 Targeted Marketing

(1) A medical cannabis processor may engage in targeted marketing of the processor's medical cannabis product, medical cannabis brand, or a medical cannabis device pursuant to Section 4-41a-604.

(2) Targeted marketing may not:

(a) include deceptive, false, or misleading statements;

(b) contain any health-related statement that is untrue or tends to create a misleading impression as to the effects on health of cannabis consumption;

(d) contain a statement, design, illustration, picture, or representation that:

(i) encourages or represents the recreational use of cannabis;

(ii) displays the use of cannabis, including the consumption, smoking, or vaping of cannabis;

(iii) encourages or promotes cannabis for use as an intoxicant;

(iv) is obscene or indecent;

(e) include any image designed or likely to appeal to children, such as:

(i) cartoons;

(ii) toys;

(iii) animals;

(iv) children; or

(v) any other likeness to images, characters, or phrases that are popularly used to advertise to children;

(f) contain any language or imagery that is likely to mislead patients to believe that the medical cannabis product has been endorsed, made, or used by the state or any of its representatives, except where specifically authorized; or

(g) display medical cannabis products or images of products where the advertisement is visible to members of the public.

(3) Targeted marketing shall accurately and legibly identify the medical cannabis processor responsible for its content and include a statement that cannabis products are for use by patients only.

(4) Any targeted marketing for medical cannabis products that is related to the benefits, safety, or efficacy of the product, including therapeutic or medical claims, shall:

(a) be supported by substantial, current clinical evidence or data; and

(b) include information on side effects or risks associated with the use of cannabis.

(5) A medical cannabis processor may have a link on their website to allow individuals to sign up to receive targeted marketing electronically.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

Utah Admin. Code R66-2-18 Violation Categories

(1) Public Safety Violations: $3,000- $5,000 per violation. This category is for violations which present a direct threat to public health or safety including:

(a) cannabis sold to an unlicensed source;

(b) cannabis purchased from an unlicensed source;

(d) failure to comply with testing requirements;

(e) a test result for high pesticide residue in the cannabis produced or cannabis product;

(f) a test result for high residual solvents, heavy metal, microbials, molds, or other harmful contaminants;

(g) failure to maintain required cleanliness and sanitation standards;

(h) unauthorized personnel on the premises;

(i) permitting criminal conduct on the premises;

(j) possessing, manufacturing, or distributing cannabis products that the person knows or should know appeal to children;

(k) failure to follow an approved recall protocol; or

(l) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments, which amounts to a public safety violation as described in this subsection.

(2) Regulatory Violations: $1,000-$5,000 per violation. This category is for violations involving this rule and other applicable state rules including:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least two years;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements;

(f) failure to maintain separation between cannabis and hemp;

(g) failure to follow labeling and packaging requirements;

(h) failure to meet extraction requirements;

(i) distributing a final cannabis product with an actual weight that is lower than the net weight listed on the cannabis fact panel;

(j) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments or this rule which amounts to a regulatory violation as described in this subsection; or

(k) failure to maintain standardized scales.

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments which amounts to a licensing violation as described in this subsection; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: cannabis processing, cannabis production establishment, violations, targeted marketing, qualifications, and requirements
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-103(5); 4-41a-404(3); 4-41a-701(3); 4-41a-302(3)(b)(ii); 4-2- 103(1)(i); 4-41a-405(2)(b)(iv); 4-41a-801(1)

R66-3 Quality Assurance Testing on Cannabis

Utah Admin. Code R66-3-1 Authority and Purpose

Pursuant to Section 4-41a-701, this rule establishes the standards for cannabis and cannabis product potency testing. It sets limits for water activity, foreign matter, microbial life, pesticides, residual solvents, heavy metals, and mycotoxins.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-2 Definitions

(1) "Analyte" means a substance or chemical component that is undergoing analysis.

(2) "Cannabinoid" means any:

(a) naturally occurring derivative of cannabigerolic acid (CAS 25555-57-1); or

(b) any chemical compound that is both structurally and chemically similar to a derivative of cannabigerolic acid.

(3) "Cannabinoid concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; or

(b) any amount of a natural or artificially derived cannabinoid.

(4) "Cannabinoid isolate" means a concentrated form of cannabinoid with less than a 0.3% combined concentration of THC or any THC analog that is intended for use as an ingredient in a cannabinoid product but is not grown by a Utah licensed cannabis cultivation facility.

(5) "CBD" means cannabidiol (CAS 13956-29-1).

(6) "CBDA" means cannabidiolic acid, (CAS 1244-58-2).

(7) "Certificate of analysis" (COA) means a document produced by a testing laboratory listing the quantities of the various analytes for the performed testing.

(8) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS #1972-08-03, the primary psychotropic cannabinoid in cannabis.

(9) "Final product" means a reasonably homogenous cannabis product created using the same standard operating procedures and the same formulation:

(a) in its final packaged form; or

(b) for vapes, in the sealed vape cartridge.

(10) "Foreign matter" means:

(a) any matter that is present in a cannabis lot that is not a part of the cannabis plant; or

(b) any matter that is present in a cannabis or cannabinoid product that is not listed as an ingredient, including seeds.

(11) "Industrial hemp" means a cannabis plant that contains less than 0.3% total THC by dry weight.

(12) "Lot" means the quantity of:

(a) flower from a single strain of cannabis and growing cycle produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

(13) "Pesticide" means any:

(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other forms of plant or animal life that are normally considered to be a pest or that the commissioner declares to be a pest;

(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own, used with a pesticide to aid in the application or effect of a pesticide.

(14) "Sampling technician" means a person tasked with collecting a representative sample of a cannabis plant product, cannabis concentrate, or cannabis product from a cannabis production establishment who is:

(a) an employee of the department;

(b) an employee of an independent cannabis laboratory that is licensed by the department to perform sampling; or

(15) "Standard operating procedure" (SOP) means a document providing detailed instruction for the performance of a task.

(16) "THCA" means delta-9-tetrahydrocannabinolic acid (CAS 23978-85-0).

(17) "Total CBD" means the sum of the determined amounts of CBD and CBDA.

(18) "Unit" means each individual portion of an individually packaged product.

(19) "Unknown Cannabinoid" means any component of a cannabis plant product, cannabis concentrate, or cannabis product that a laboratory determines is likely to be a cannabinoid by comparison of physical properties, including molecular weight, retention time, and absorption spectra but is not included in Table 2 or Table 3.

(20) "Water activity" is a dimensionless measure of the water present in a substance that is available to microorganisms; calculated as the partial vapor pressure of water in the substance divided by the standard state partial vapor pressure of pure water at the same temperature.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-3 Required Cannabis, Cannabis Product, and Cannabinoid Isolate Tests

(1) Before the transfer of cannabis biomass from a cannabis cultivation facility to a cannabis processing facility, the cultivation facility shall make a declaration to the department that the biomass to be transferred is either a cannabis plant product or a cannabis cultivation byproduct.

(2) A representative sample of each batch or lot of cannabis plant product shall be tested by an independent cannabis testing laboratory to determine:

(a) the water activity of the sample;

(b) the amount of total THC, total CBD, and any THC analog known to be present in the sample; and

(3) Required testing shall be performed either:

(a) before the transfer of the cannabis plant product to a cannabis processing facility; or

(b) following the transfer of the cannabis plant product to a cannabis processing facility.

(4) If cannabis plant product is tested before being transferred to a cannabis processing facility, the cannabis plant product shall be tested for microbial contaminants and foreign matter a second time following the transfer.

(5) A cannabis processor may test a cannabis plant product bulk batch for cannabinoids, but after testing, processing is limited to:

(a) packaging and labeling, unless:

(i) declaring the plant product as a byproduct within ten business days after testing; and

(ii) notifying the department.

(6) A cannabis processor shall perform any other final product adulterant testing after packaging.

(7) Cannabis cultivation byproduct shall either be:

(a) chemically or physically processed to produce a cannabis concentrate for incorporation into a cannabis derivative product; or

(b) destroyed pursuant to Section 4-41a-405.

(8) An independent cannabis testing laboratory shall test cannabis concentrate before incorporating it into a cannabis derivative product to determine:

(a) the cannabinoid profile; and

(b) the presence of adulterants in the sample, as specified in Table 1.

(9) A medical cannabis processor shall isolate any artificially derived cannabinoids present in the cannabis concentrate to a purity of greater than 95%, with a 5% margin of error, as determined by an independent cannabis testing laboratory using liquid chromatography-mass spectroscopy or an equivalent method.

(10) Before the transfer of a cannabis product to a medical cannabis pharmacy, an independent cannabis testing laboratory shall test a representative sample of the product to determine:

(a) the water activity of the sample, as determined applicable by the department;

(b) the quantity of any cannabinoid or terpene to be listed on the product label; and

(11) Testing results for cannabis concentrate may be applied to cannabis product derived therefrom, provided that the processing steps used to produce the product are unlikely to change the results of the test, as determined by the department.

(12) The department may require mycotoxin testing of a cannabis plant product or cannabis product if they have reason to believe that mycotoxins may be present.

(13) The department shall require mycotoxin testing for cannabis concentrate.

(14) A cannabis production facility may remediate a cannabis plant product, cannabis concentrate, or cannabis product that fails microbial testing standards by irradiation, after submitting and gaining approval for a remediation plan from the department.

(15) A cannabis processing facility may remediate a cannabis concentrate that fails any of the required adulterant testing standards, after submitting and gaining approval for a remediation plan from the department.

(16)(a) A cannabis processing facility shall submit a remediation plan to the department within 15 days of the receipt of a failed testing result.

(b) A remediation plan shall be carried out and the cannabis plant product or cannabis concentrate shall be prepared for resampling within 60 days of department approval of the remediation plan.

(17) Resampling or retesting of a cannabis concentrate batch that fails any of the required testing standards is not allowed until the batch has been remediated.

(18) A cannabis lot or cannabis product batch that is not or cannot be remediated in the specified time shall be destroyed pursuant to Section 4-41a-405.

(19) If test results cannot be retained in the Inventory Control System, the laboratory shall:

(a) keep a record of test results;

(b) issue a COA for required tests; and

(20) Cannabinoid isolate shall be tested for:

(a) solvents;

(b) pesticides;

(d) heavy metals; and

(e) mycotoxins.

(21) Cannabinoid isolate shall be accompanied by a COA that complies with the standards included in Section R66-3-5 through Section R66-3-12.

(22) Cannabinoid isolate shall receive cannabinoid testing from an independent cannabis testing laboratory before being used to create a cannabis derivative product.

TABLE 1

Required Test by Sample Type

Test

Cannabis Plant Product

Cannabis Concentrate

Cannabis Product

Moisture Content

Required

Water Activity

Required

Foreign Matter

Required

Potency

Required

Microbial

Required

Pesticides

Required

Residual Solvents

Required

Heavy Metals

Required

Terpenes

Required

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-4 Sampling Cannabis and Cannabis Products

(1) The entity that requests testing of a cannabis plant product lot, cannabis concentrate batch, or cannabis product batch shall make the entirety of the lot or batch available to the sampling technician.

(2) The lot or batch being sampled shall be contained in a single location and physically separated from other lots or batches.

(3) The sample shall be collected by a sampling technician who is unaffiliated with the entity that requested testing of the cannabis lot or cannabis product batch unless the department grants an exception.

(4) The owner of the cannabis lot or cannabis product batch and any of their employees may not assist in the selection of the sample.

(5) The sampling technician shall collect the representative sample outlined in a SOP that is ISO 17025 compliant, maintained by the laboratory that will perform the testing.

(6) When collecting the representative sample, the sampling technician shall:

(a) use sterile gloves, instruments, and a glass or plastic container to collect the sample;

(b) place tamper proof tape on the container; and

(7) For cannabis plant product lots, the sampling technician shall take a minimum representative sample according to the following schedule:

(a) 10 subunits with an average weight of one gram each for lots weighing 5 kilograms or less;

(b) 16 subunits with an average weight of one gram each for lots weighing 5.01-9 kilograms;

(d) 28 subunits with an average weight of one gram each for lots weighing 14.01-18 kilograms;

(e) 32 subunits with an average weight of one gram each for lots weighing 18.01-23 kilograms.

(8) For cannabis concentrate, the sampling technician shall take a minimum representative sample according to the following schedule:

(a) 10 mL or grams for batches of one liter or kilogram or less; or

(b) 20 mL or grams for batches of four liters or kilograms or less.

(9) For cannabis products in their final product form, the sampling technician shall take the following minimum number of sample units, the combined total weight of which must be at least 10 grams, not including packaging materials:

(a) four units for a sample product batch with 5-500 products;

(b) six units for a sample product batch with 501-1000 products;

(d) ten units for a sample product batch with 5,001-10,000 products.

(10) The representative sample may include additional material if the material is necessary to perform the required testing.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-5 Moisture Content Testing and Water Activity Standards

(1) The COA shall report the moisture content of a sample and the related lot of cannabis as a mass over mass percentage.

(2) A sample and related lot of cannabis fail quality assurance testing if the water activity of the representative sample is found to be greater than 0.65.

(3) A sample and related cannabis or cannabinoid product batch intended for human consumption fail quality assurance testing if the water activity of the representative sample is greater than 0.65, unless water is a component of the product formulation and is listed as an ingredient.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-6 Foreign Matter Standards

A sample and related lot or batch of cannabis, cannabis product, or cannabinoid product fail quality assurance testing if:

(1) the sample contains foreign matter visible to the unaided human eye;

(2) the sample is found to contain microscopic foreign matter considered to be harmful or estimated to comprise greater than 3% of the mass of the representative sample as determined by the testing laboratory; or

(3) foreign matter is found that is suspected of having been intentionally added to the sample to increase its visual appeal or market value; or

(4) for a cannabis plant product, the total number of seeds found is greater than the net weight of the sample collected divided by 1.75.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-7 Potency Testing

(1) A lot or batch of cannabis plant product, cannabis concentrate, or cannabis product shall have its cannabinoid profile determined and listed on a COA as total THC, total CBD, and the total concentration of any THC analog known to be present.

(2) A lot or batch of cannabis plant product, cannabis concentrate, or cannabis product fail quality assurance testing for cannabinoid content if:

(a) it is not analyzed for each of the analytes listed in Table 2;

(b) the determined amount of any analyte exceeds its action level given in Table 2;

(c) any tetrahydrocannabinol acetate (THC-OAc) is found in a cannabis concentrate with a relative peak area greater than 1% of the total cannabinoid peak area or in a cannabis product with a relative peak area greater than 0.5% of the total cannabinoid peak area as determined by high-performance liquid chromatography with a diode array detector;

(d) any of the artificially derived cannabinoids listed in Table 3 are found to have a peak area greater than 1% of total cannabinoid peak area as determined by high-performance liquid chromatography with a diode array detector (HPLC-DAD); or

(e) greater than 10% of the total cannabinoid peak area is comprised of unknown cannabinoids after peaks smaller than 1% of the total peak area have been excluded as determined by high-performance liquid chromatography with a diode array detector (HPLC-DAD).

TABLE 2

Cannabinoid Components and Action Levels

Analyte

Chemical Abstract Service

Action Level

Δ9-Tetrahydrocannabidiol (Δ9-THC)

1972-08-03

No Limit

Δ8-Tetrahydrocannabidiol (Δ8-THC)

5957-75-5

No Limit

Δ9-Tetrahydrocannabinolic acid (THCA)

23978-85-0

No Limit

Δ9-Tetrahydrocannabivarin (THCV)

31262-37-0

No Limit

Cannabidiol (CBD)

13956-29-1

No Limit

Cannabidiolic acid (CBDA)

1244-58-2

No Limit

Cannabidivarin (CBDV)

24274-48-4

No Limit

Cannabinol (CBN)

521-35-7

No Limit

Cannabigerol (CBG)

25654-31-3

No Limit

Cannabichromene (CBC)

20675-51-8

No Limit

Cannabigerolic acid (CBGA)

25555-57-1

No Limit

Cannabichromenic acid (CBCA)

20408-52-0

No Limit

9R-Δ6a,10a-Tetrahydrocannabidiol (Δ3-THC)

95720-01-7

1% 1

9S-Δ6a,10a-Tetrahydrocannabidiol (Δ3-THC)

95720-02-8

1% 1

(6aR,9R)-Δ10-Tetrahydrocannabidiol

95543-62-7

1% 1

(6aR,9S)-Δ10-Tetrahydrocannabidiol

95588-87-7

1% 1

Cannabicitran (CBTC)

31508-71-1

1 If the laboratory performing the testing cannot chromatographically separate 9(R+S)-Δ6a,10a-Tetrahydrocannabidiol or (6aR,9(R+S))-Δ10-Tetrahydrocannabidiol, then the action level for the combined isomers will be 1.5%.

TABLE 3

Artificially Derived Cannabinoids

Analyte

Chemical Abstract Service

Hexahydrocannabinol (HHC)

36403-90-4, 36403-91-5

3-Heptyl-delta(1)-tetrahydrocannabinol (THCP)

54763-99-4, 51768-60-6

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-8 Microbial Standards

(1) A sample and related lot or batch of cannabis plant product, cannabis concentrate, or cannabis product fail quality assurance testing for microbiological contaminants if the results exceed the limits in Table 4.

(2) Each sample and related lot or batch of cannabis plant product, cannabis concentrate, or cannabis product shall be tested for total aerobic microbial count and total combined yeast and mold. The specific pathogens listed in Table 4 may be tested for at the discretion of the department.

TABLE 4

Microbial Analytes and Action Levels

Material

Microbial Limit Requirement

Cannabis Plant Product

Total Aerobic Microbial Count ≤100,000 cfu/g

Not detected in 1g:

Salmonella spp., STEC, Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger, and Aspergillus terreus

Cannabinoid Concentrate

Total Aerobic Microbial Count ≤10,000 cfu/g

Total Combined Yeast and Mold Count ≤1,000 cfu/g

Not detectable in 1g:

STEC, Salmonella spp., Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger, and Aspergillus terreus

Infused Edible Products

Total Aerobic Microbial Count ≤10,000 cfu/g

Total Combined Yeast and Mold Count ≤1,000 cfu/g

Not detectable in 1g:

STEC, Salmonella spp.

Infused Non-edible Products

Total Aerobic Microbial Count ≤250 cfu/g

Total Yeast and Mold Count ≤250 cfu/g

Not detectable in 1g:

Pseudomonas aeruginosa, Staphylococcus aureus

Infused Suppository Products

Total Aerobic Microbial Count ≤10,000 cfu/g

Total Combined Yeast and Mold Count ≤1,000 cfu/g

Not detectable in 1 g:

STEC, Salmonella spp., Pseudomonas, Staphylococcus aureus

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-9 Pesticide Standards

(1) Only pesticides allowed by the department may be used in the cultivation of cannabis.

(2) If an independent cannabis laboratory identifies a pesticide that is not allowed under Subsection R66-3-9(1) and is above the action levels provided in Subsection R66-3-9(3), that lot or batch from which the sample was taken has failed quality assurance testing.

(3) A sample and related lot or batch of cannabis, cannabis product, or cannabinoid product fail quality assurance testing for pesticides if the results exceed the limits in Table 5.

TABLE 5

Pesticide Analytes and Action Levels

Analyte

Chemical Abstract Service (CAS) Registry number

Action Level ppm

Abamectin

71751-41-2

0.5

Acephate

30560-19-1

0.4

Acequinocyl

57960-19-7

Acetamiprid

135410-20-7

0.2

Aldicarb

116-06-3

0.4

Azoxystrobin

131860-33-8

0.2

Bifenazate

149877-41-8

0.2

Bifenthrin

82657-04-3

0.2

Boscalid

188425-85-6

0.4

Carbaryl

63-25-2

0.2

Carbofuran

1563-66-2

0.2

Chlorantraniliprole

500008-45-7

0.2

Chlorfenapyr

122453-73-0

Chlorpyrifos

2921-88-2

0.2

Clofentezine

74115-24-5

0.2

Cyfluthrin

68359-37-5

Cypermethrin

52315-07-8

Daminozide

1596-84-5

DDVP (Dichlorvos)

62-73-7

0.1

Diazinon

333-41-5

0.2

Dimethoate

60-51-5

0.2

Ethoprophos

13194-48-4

0.2

Etofenprox

80844-07-1

0.4

Etoxazole

153233-91-1

0.2

Fenoxycarb

72490-01-8

0.2

Fenpyroximate

134098-61-6

0.4

Fipronil

120068-37-3

0.4

Flonicamid

158062-67-0

Fludioxonil

131341-86-1

0.4

Hexythiazox

78587-05-0

Imazalil

35554-44-0

0.2

Imidacloprid

138261-41-3

0.4

Kresoxim-methyl

143390-89-0

0.4

Malathion

143390-89-0

0.2

Metalaxyl

57837-19-1

0.2

Methiocarb

2032-65-7

0.2

Methomyl

16752-77-5

0.4

Methyl parathion

298-00-0

0.2

MGK-264

113-48-4

0.2

Myclobutanil

88671-89-0

0.2

Naled

300-76-5

0.5

Oxamyl

23135-22-0

Paclobutrazol

76738-62-0

0.4

Permethrins

52645-53-1

0.2

Phosmet

732-11-6

0.2

Piperonyl_butoxide

51-03-6

Prallethrin

23031-36-9

0.2

Propiconazole

60207-90-1

0.4

Propoxur

114-26-1

0.2

Pyrethrins

8003-34-7

Pyridaben

96489-71-3

0.2

Spinosad

168316-95-8

0.2

Spiromesifen

283594-90-1

0.2

Spirotetramat

203313-25-1

0.2

Spiroxamine

118134-30-8

0.4

Tebuconazole

80443-41-0

0.4

Thiacloprid

111988-49-9

0.2

Thiamethoxam

153719-23-4

0.2

Trifloxystrobin

141517-21-7

0.2

(4) Permethrins should be measured as the cumulative residue of cis- and trans-permethrin isomers (CAS numbers 54774-45-7 and 51877-74-8).

(5) Pyrethrins should be measured as the cumulative residues of pyrethrin I (CAS 121-21-1), pyrethrin II (CAS 121- 29-9), cinerin 1 (CAS 25402-06-6), and jasmolin 1 (CAS 4466-14-2).

(6) Abamectin is a composite of the amounts of avermectin B1a and avermectin B1b.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-10 Residual Solvent Standards

(1) A sample and related lot or batch of cannabis plant product, cannabis concentrate, or cannabis product fails quality assurance testing for residual solvents if the results exceed the limits provided in Table 6, unless the solvent is:

(a) a component of the product formulation;

(b) listed as an ingredient; and

TABLE 6

List of Solvents and Action Levels

Solvent

Chemical Abstract Service (CAS) Registry number

Action level ppm

1,2 Dimethoxyethane

110-71-4

100

1,4 Dioxane

123-9

380

1-Butanol

71-36-3

5,000

1-Pentanol

71-41-0

5,000

1-Propanol

71-23-8

5,000

2-Butanol

78-92-2

5,000

2-Butanone

78-93-3

5,000

2-Ethoxyethanol

110-80-5

160

2-methylbutane

78-78-4

5,000

2-Propanol (IPA)

67-63-0

5,000

Acetone

67-64-1

5,000

Acetonitrile

75-05-8

410

Benzene

71-43-2

Butane

106-97-8

5,000

Cumene

98-82-8

Cyclohexane

110-82-7

3,880

Dichloromethane

75-09-2

600

2,2-dimethylbutane

75-83-2

290

2,3-dimethylbutane

79-29-8

290

1,2-dimethylbenzene

95-47-6

See Xylenes

1,3-dimethylbenzene

108-38-3

See Xylenes

1,4-dimethylbenzene

106-42-3

See Xylenes

Dimethyl sulfoxide

67-68-5

5,000

Ethanol

64-17-5

5,000

Ethyl acetate

141-78-6

5,000

Ethylbenzene

100-41-4

See Xylenes

Ethyl ether

60-29-7

5,000

Ethylene glycol

107-21-1

620

Ethylene Oxide

75-21-8

Heptane

142-82-5

5,000

n-Hexane

110-54-3

290

Isopropyl acetate

290

5,000

Methanol

67-56-1

3,000

Methylpropane

75-28-5

5,000

2-Methylpentane

107-83-5

290

3-Methylpentane

96-14-0

290

N,N-dimethylacetamide

127-19-5

1,090

N,N-dimethylformamide

68-12-2

880

Pentane

109-66-0

5,000

Propane

74-98-6

5,000

Pyridine

110-86-1

100

Sulfolane

126-33-0

160

Tetrahydrofuran

109-99-9

720

Toluene

108-88-3

890

Xylenes

1330-20-7

2,170

(2) Xylenes is a combination of the following:

(a) 1,2-dimethylbenzene;

(b) 1,3-dimethylbenzene;

(d) ethyl benzene.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-11 Heavy Metal Standards

A sample and related lot or batch of cannabis plant product, cannabis concentrate, cannabis product, or vaporizer cartridges fail quality assurance testing for heavy metals if the results exceed the limits provided in Table 7.

TABLE 7

Heavy Metals

Metals

Natural Health Products Acceptable limits in parts per million (ppm)

Arsenic

Cadmium

<0.82

Lead

<1.2

Mercury

<0.4

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-12 Mycotoxin Standards

A sample and related lot or batch of cannabis plant product, cannabis concentrate, or cannabis product fail quality assurance testing for mycotoxin if the results exceed the limits provided in Table 8.

TABLE 8

Mycotoxin

Test

Specification

The Total of

Aflatoxin B1,

Aflatoxin B2,

Aflatoxin G1, and

Aflatoxin G2

<20 parts per billion (ppb) of substance

Ochratoxin A.

<20 ppb of substance

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

Utah Admin. Code R66-3-13 Terpene Standards

An independent cannabis testing laboratory shall test each sample and the related lot or batch of cannabis plant product, cannabis concentrate, or cannabis product for terpenes.

History

KEY: cannabis testing, quality assurance, cannabis laboratory, water activity standards, foreign matter standards, microbial life, pesticide standards, residual solvents standards, heavy metal standards, mycotoxin standards, terpene standards
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701

R66-4 Independent Cannabis Testing Laboratory

Utah Admin. Code R66-4-1 Authority and Purpose

Pursuant to Subsections 4-41a-103(5), 4-41a-302(3)(b)(ii), 4-41a-701(1), 4-41a-801(1), and 4-2-103(1)(i), this rule establishes the application process, qualifications, and requirements to obtain and maintain an independent cannabis testing laboratory license.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-2 Definitions

(1) "Applicant" means any person or business entity who applies for an independent cannabis testing laboratory license.

(2) "Lot" means the quantity of:

(a) flower produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-3 Independent Testing Laboratory License

(1) An independent testing laboratory license allows the licensee to receive cannabis from a licensed cannabis cultivation facility to conduct testing as required by Section 4-41a-701 and Rule R66-3.

(2) An independent testing laboratory license allows the licensee to receive cannabis from a licensed cannabis processing facility to conduct testing as required by Section 4-41a-701 and Rule R66-3.

(3) An independent testing laboratory license allows the licensee to receive cannabis from a licensed cannabis cultivation facility and a cannabis processing facility to conduct the additional test as requested.

(4) The license shall expire 12 months from the date on which the license is issued.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-4 Independent Cannabis Testing Laboratory Requirements

(1) An independent testing laboratory shall employ a scientific director responsible for:

(a) ensuring that the laboratory achievement and maintenance of quality standards of practice; and

(b) supervising laboratory staff.

(2) The scientific director for an independent laboratory shall have:

(a) a doctorate in chemical or biological sciences from an accredited college or university, and have at least 2 years of post-degree laboratory experience;

(b) a master's degree in chemical or biological sciences from an accredited college or university, and have at least 4 years of post-degree laboratory experience; or

(c) a bachelor's degree in chemical or biological sciences from an accredited college or university, and have at least 6 years of post-degree laboratory experience.

(3) An independent cannabis testing laboratory shall follow validated analytical methods, such as those published by the Association of Official Agricultural Chemists (AOAC), American Herbal Pharmacopoeia, EPA, FDA, or other reputable scientific organizations or notify the department of alternative scientifically valid testing methodology the lab is following for each required test.

(4) An independent cannabis testing laboratory may not use an alternative testing method without earlier review from the department.

(5) The department shall review any monograph or analytical method followed by an independent cannabis testing laboratory to ensure the methodology produces scientifically accurate results before the use of alternative testing methods to conduct the required tests.

(6) An independent cannabis testing laboratory shall establish written standard operating procedures for each test being conducted.

(7) An independent cannabis testing laboratory shall maintain an average testing turnaround time below ten business days within any three- month period.

(8) An independent cannabis testing laboratory shall obtain and keep the International Organization for Standardization (ISO) 17025:2017 accreditation.

(9) An independent cannabis testing laboratory may be licensed before ISO 17025:2017 accreditation, provided the independent cannabis testing laboratory:

(a) adopt and follow minimum good laboratory practices which satisfy the OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organization for Economic Co-operation and Development; and

(b) becomes ISO 17025:2017 accredited within 24 months.

(10) The department incorporates the following materials by reference:

(a) Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control (2014 Revisions) published by the American Herbal Pharmacopoeia; and

(b) OECD Principles of Good Laboratory Practice and Compliance Monitoring (1997) published by the Organization for Economic Co-operation and Development.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-5 Security Requirements

(1) At a minimum, a licensed independent cannabis testing laboratory shall have a complete video surveillance system:

(a) with minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog; and

(b) allows for the clear and certain identification of any person and activity.

(2) Any visitors to an independent cannabis testing laboratory shall be required to have a properly displayed identification badge issued by the facility at all times while on the premises of the facility.

(3) Any visitors shall be escorted by an independent cannabis facility agent at all times while in the facility.

(4) An independent cannabis testing laboratory shall keep and maintain a visitor's log showing:

(a) the full name of each visitor entering the facility;

(b) the badge number issued;

(d) the time of departure; and

(e) the purpose of the visit.

(5) The independent cannabis testing laboratory shall keep the visitors log for a minimum of a year.

(6) The independent cannabis testing laboratory shall make the visitor log available to the department upon request.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-6 Inventory Control

(1) Each test sample shall have a unique identification number in the inventory control system.

(2) Each test sample shall be traceable to the lot or batch used as the base material from the cannabis production establishment.

(3) Unique identification numbers may not be reused.

(4) Each test sample that has been issued a unique identification number shall have a physical tag placed on it with:

(a) the unique identification number;

(b) the license number and name of the lab receiving the test sample;

(d) the date the test sample was collected; and

(e) the weight of the sample.

(5) The tag shall be legible and placed in a position that can be clearly read and shall be kept free from dirt and debris.

(6) An independent cannabis testing laboratory shall document in the inventory tracking system any test samples received, and any difference between the quantity specified in the transport and the quantity received.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-7 Independent Cannabis Testing Laboratory Agents

(1) An independent cannabis testing laboratory is responsible to ensure that each agent has received any task-specific training as outlined in the operating plan submitted to the department.

(2) An independent cannabis testing agent shall have a properly displayed identification badge which has been issued by the department while on the facility premises or while engaged in the transportation of cannabis.

(3) Cannabis testing laboratory agents shall have their state-issued identification card in their possession to certify that the information on their badge is correct.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-8 Cannabis Waste Disposal

(1) Solid and liquid wastes generated during cannabis testing shall be stored, managed, and disposed of in accordance with applicable state law.

(2) Waste water generated during cannabis testing shall be disposed of in compliance with applicable state law.

(3) An independent cannabis testing laboratory may transfer cannabis waste material to a cannabis testing laboratory operated by the department for use by a medical cannabis research licensee if:

(a) the laboratory operated by the department agrees to accept the material;

(b) the licensee that submitted the material to the laboratory for testing allows the use of their material for medical cannabis research;

(c) the material passed all required tests or is clearly labeled "not for human consumption" and is accompanied by a list of known contaminants; and

(d) the material has met the sample retention requirements of the laboratory.

(4) The cannabis testing laboratory operated by the department may transfer any cannabis waste material to a medical cannabis research licensee if:

(a) the licensee that submitted the material to the laboratory for testing agrees to the use of their material for medical cannabis research;

(b) the material passed all required tests or is clearly labeled "not for human consumption" and is accompanied by a list of known contaminants; and

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-9 Change in Operation Plans

(1) An independent cannabis testing laboratory shall submit a notice, on a form provided by the department, before making any changes to:

(a) ownership or financial backing of the facility;

(b) the facility's name;

(d) change in testing methods, equipment, remodeling, expansion, reduction or physical, non-cosmetic alteration of the lab; or

(e) change in written operating procedures.

(2) An independent cannabis testing laboratory may not implement changes to the approved operation plan without department approval.

(3) The department shall approve the requested changes unless approval would lead to a violation of the applicable laws and rules of the state.

(4) The department shall specify the reason for the denial of approval for a change to the operation plan.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-10 Renewals

(1) An independent cannabis testing laboratory shall submit a notice of intent to renew and the licensing fee to the department by their license expiration date.

(2) If the licensing fee and intent to renew are not submitted on or before the license expiration date, the licensee may not continue to operate.

(3) The department shall renew a license unless renewal would lead to a violation of the applicable laws and rules of the state.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-11 Additional Testing

(1) The department may establish a testing program for conducting a study.

(2) Each independent cannabis testing laboratory shall participate in the study as determined by the department.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

Utah Admin. Code R66-4-13 Violation Categories

(1) Public Safety Violations: $3,000- $5,000 per violation. This category is for violations which present a direct threat to public health or safety, including:

(a) cannabis sent to an unapproved source;

(b) cannabis received from an unapproved source;

(d) refusal to participate in proficiency testing;

(e) failure to comply with testing requirements;

(f) failure to report testing results;

(g) unauthorized personnel on the premises;

(h) permitting criminal conduct on the premises;

(i) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments, that amounts to a public safety violation as described in this subsection.

(2) Regulatory Violations: $1,000-$5,000 per violation. This category is for violations involving this rule and other applicable state rules including:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least two years;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements; or

(f) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments or this rule that amounts to a regulatory violation as described in this subsection.

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements, including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41, Cannabis Production Establishments, that amounts to a licensing violation as described in this subsection; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

History

KEY: cannabis laboratory, cannabis testing, inventory control system, cannabis waste disposal, agents, security requirements, operation plans
Date of Last Change: August 21, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-701(1); 4-41a-103(5)

R66-5 Medical Cannabis Pharmacy

Utah Admin. Code R66-5-1 Authority and Purpose

(1) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies and Subsection 4-2-103(1)(i) authorize this rule.

(2) This rule establishes operating and licensing standards and requirements to be followed by medical cannabis pharmacies and their employees.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-2 Definitions

(1) "Cannabis waste" means cannabis product that is damaged, deteriorated, mislabeled, expired, returned, subject to a recall, or enclosed within a container or package that has been opened or breached.

(2) "Card" means any type of medical cannabis card or registration card, whichever applies, authorized under Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis.

(3) "Cardholder area" means the area of a medical cannabis pharmacy where a product is purchased that is restricted to a medical cannabis cardholder, a medical cannabis pharmacy employee, or another individual authorized by the medical cannabis pharmacy to enter the cardholder area.

(4) "DHHS" means The Utah Department of Health and Human Services.

(5) "Limited access area" means an area of a medical cannabis pharmacy where medical cannabis and medical cannabis devices shall be stored that is:

(a) a lockable cabinet in a medical cannabis pharmacy facility to which only a pharmacy agent or PMP has access; or

(b) an indoor area or room of a medical cannabis pharmacy facility that is separated from the cardholder and the public areas of the medical cannabis pharmacy by a physical barrier with suitable locks and an electronic barrier to detect entry doors.

(6) "PIC" means a pharmacist-in-charge who oversees the operation and generally supervises a medical cannabis pharmacy.

(7) "PMP" means a medical cannabis pharmacy medical provider that meets the criteria defined in Subsection 4-41a- 1101(12).

(8) "Public waiting area" means an area of the medical cannabis pharmacy where the public waits for cardholders and cardholders wait for authorization to enter the cardholder area.

(9) "Recreational disposition" means:

(a) slang words or phrasing associated with the recreational use of cannabis;

(b) an image of a celebrity or other person whose target audience is children or minors;

(c) content that encourages, promotes, or otherwise creates an impression that the recreational use of cannabis is legal or acceptable, or that the recreational use of cannabis has potential health or therapeutic benefits;

(d) content that promotes excessive consumption;

(e) content that is obscene or indecent; and

(f) content that a reasonable person knows or should know appeals to children.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-3 Medical Cannabis Pharmacy License

(1) A medical cannabis pharmacy license allows the licensee to receive cannabis from a licensed cannabis processor or medical cannabis pharmacy.

(2) A medical cannabis pharmacy license allows the licensee to sell medical cannabis or medical cannabis devices to medical cannabis patients.

(3) Each medical cannabis pharmacy license shall expire one calendar year from the date of licensure.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-4 Medical Cannabis Pharmacy Requirements

(1) A medical cannabis pharmacy operating plan shall meet the requirements described in Section 4-41a-204 and contain a blueprint of the facility containing the following information:

(a) limited access areas;

(b) public waiting area;

(d) where cannabis products and cannabis devices are stored;

(e) location of returned cannabis and cannabis waste awaiting destruction;

(f) the location of toilet facilities and hand washing facilities;

(g)(i) the location of a break room and the location of personal belonging lockers; and

(i) the location of the areas to be used for loading and unloading of cannabis and cannabis products.

(2) A medical cannabis pharmacy shall have a counseling area to allow for confidential patient counseling.

(3) A medical cannabis pharmacy shall protect confidential cardholder data and information stored in the Electronic Verification System to ensure that access to and use of the data and information is limited to those individuals and purposes authorized under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and this rule.

(4) A medical cannabis pharmacy shall set hours open for business to give patients the greatest access to medical cannabis possible.

(5) A medical cannabis pharmacy may not dispense expired, damaged, deteriorated, misbranded, adulterated, or opened medical cannabis products or medical cannabis devices.

(6) A medical cannabis pharmacy shall have a written plan to handle potential recall and destruction of cannabis due to contamination.

(7) A medical cannabis pharmacy operating plan shall include a waste disposal plan that complies with Section 4-41a- 1101.

(8) Pursuant to Section 4-41a-109, a medical cannabis pharmacy may use signage on the property that includes a logo, as long as the logo does not include a recreational disposition.

(9) A medical cannabis pharmacy shall provide a copy of a certificate of analysis for a medical cannabis product to a medical cannabis cardholder or a recommending medical provider if:

(a) it is requested in writing; and

(b) the medical cannabis pharmacy redacts the location of the medical cannabis processor.

(10) A medical cannabis pharmacy shall immediately report any actual or suspected criminal activity to:

(a) the department; and

(b) law enforcement with jurisdiction where the criminal acts occurred.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-5 Security Standards

(1) A medical cannabis pharmacy shall comply with security standards established in Section 4-41a-1101.

(2) A medical cannabis pharmacy shall have a complete video surveillance system that:

(a) has a minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog;

(b) allows for the clear and certain identification of any person or activities; and

(3) Visitors to a medical cannabis pharmacy shall be required to have a properly displayed identification badge issued by the facility while on the premises of the facility.

(4) A Pharmacy Agent or PMP shall escort any medical cannabis pharmacy visitors while in the facility.

(5) A medical cannabis pharmacy shall keep and maintain a visitor log for each visitor that enters the facility showing:

(a) full name and age;

(b) badge number issued;

(d) time of departure; and

(e) purpose of the visit.

(6) The medical cannabis pharmacy shall maintain the visitor log for a minimum of one year.

(7) The medical cannabis pharmacy shall make the visitor log available to the department upon request.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-6 Inventory Control

(1) All cannabis products and cannabis waste shall be entered into the inventory control system. Recorded information shall include:

(a) unique identification number;

(b) batch or lot number;

(d) storage location; and

(e) date entered in the inventory control system.

(2) Returned product shall be reactivated and placed into the inventory control system.

(3) Each cannabis product or cannabis waste shall be identified by a physical tag, label, or other suitable means containing information listed in Subsections R66-5-6(1)(a), (b), and (c).

(4) A receiving medical cannabis pharmacy shall;

(a) document in the inventory control system any material containing cannabis received, and any difference between the quantity specified in the transport manifest and the quantity received; and

(b) within one working day, notify the department if the quantity of cannabis received is greater than 10% of the amount recorded on the manifest.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-7 Minimum Requirements for the Storage and Handling of Cannabis

(1) Storage areas shall provide adequate lighting, sanitation, temperature, humidity, space, equipment, and security conditions for the storage of cannabis.

(2) Stored cannabis shall be at least six inches off the ground.

(3) Cannabis shall be stored away from potential contaminants.

(4) Cannabis that is outdated, damaged, deteriorated, misbranded, or adulterated shall be stored separately by a physical barrier until it is destroyed.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-8 Product Recall

(1) A recall may be initiated by a cannabis production establishment, a medical cannabis pharmacy, or the department.

(2) A medical cannabis pharmacy shall maintain a recall plan that includes, at a minimum:

(a) a designation of at least one employee who shall serve as the recall coordinator;

(b) if the recall is initiated by a medical cannabis pharmacy, a requirement that the pharmacy will immediately notify the department and the cannabis production establishment from which it obtained the cannabis product in question;

(c) a requirement that notification occur within 24 hours of the pharmacy becoming aware of a complaint about the medical cannabis product or medical cannabis device;

(d) a procedure to identify and isolate recalled products to prevent or minimize distribution to patients;

(e) a procedure to retrieve and destroy recalled product; and

(f) a communication plan to notify those affected by the recall.

(3) The medical cannabis pharmacy shall track the total amount of affected medical cannabis product and the amount of medical cannabis product returned to the medical cannabis pharmacy as part of the recall.

(4) The medical cannabis pharmacy shall coordinate the destruction of the medical cannabis product with the department and allow the department to oversee the destruction.

(5) A medical cannabis pharmacy shall notify the department before initiating a voluntary recall.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-9 Abandoning or Relinquishing a License

(1) When a medical cannabis pharmacy determines to cease operations, the licensee shall:

(a) send notice to the department with the date of closure of the medical cannabis pharmacy;

(b) provide a written plan to the department for approval, detailing:

(i) when the department may conduct a comprehensive inventory;

(ii) the expected disposition of any medical cannabis product and medical cannabis devices; and

(iii) the name of the medical cannabis pharmacy to which the orders, including any refill information and patient records, will be transferred; and

(c) post a closing notice in a conspicuous place at the public entrance doors to the medical cannabis pharmacy that includes the closing date.

(2) On the date of the closing, the licensee shall remove medical cannabis product and medical cannabis devices from the medical cannabis pharmacy according to the department approved plan.

(3) The licensee shall remove signs and notify the landlord of the property that it is unlawful to use the word "medical cannabis pharmacy," or any other words of the same or similar meaning or any graphic representation that would mislead the public that a medical cannabis pharmacy is located at the address.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-10 Walk- up, Drive-Through, and Curbside Service

(1) A medical cannabis cardholder may make an order for medical cannabis by phone or online and receive the product using a medical cannabis pharmacy's walk-up, drive-through, or curbside service.

(2)(a) Medical cannabis products and medical cannabis devices, including those that are awaiting pick-up, shall be securely stored in the medical cannabis pharmacy facility until a medical cannabis cardholder arrives for pick-up.

(b) A medical cannabis product or medical cannabis device may not be stored outside of a medical cannabis pharmacy facility before a customer arrives to pick-up the product.

(3)(a) A medical cannabis pharmacy's video surveillance shall enable the video recording of each medical cannabis cardholder transaction that includes:

(i) video surveillance of a cardholder, cardholder vehicle, medical cannabis pharmacy employee verifying the cardholder's valid form of government issued identification; and

(ii) the transfer and dispensing of an item bought by a cardholder.

(b) Video cameras shall record points of entry and exit of a parking lot and shall be angled to ensure the capture of clear and certain identification of a cardholder and their vehicle's license plate.

(4)(a) The individual receiving the delivery of a product from the medical cannabis pharmacy employee via walk-up, drive-through, or curbside pick-up shall be a cardholder.

(b) When drive-through service is used, the medical cannabis cardholder verifying their ID to the medical cannabis pharmacy shall be visible to cameras and to the medical cannabis pharmacy employee who is helping them.

(5)(a) When a PMP's consultation with a medical cannabis cardholder is required, the consultation may be provided in- person, over the phone, or with another real-time communications device.

(b) It is the responsibility of the medical cannabis pharmacy to ensure the privacy of these consultations, regardless of where or how the consultations happen.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-11 Targeted Marketing

(1) A medical cannabis pharmacy may engage in targeted marketing pursuant to Subsection 4-41a-1104(2)(f).

(2) Targeted marketing may not:

(a) include deceptive, false, or misleading statements;

(b) contain any health-related statement that is untrue or tends to create a misleading impression as to the effects on health of cannabis consumption;

(d) contain a statement, design, illustration, picture, or representation that:

(i) encourages or represents the recreational use of cannabis;

(ii) displays the use of cannabis, including the consumption, smoking, or vaping of cannabis;

(iii) encourages or promotes cannabis for use as an intoxicant; or

(iv) is obscene or indecent;

(e) include any image designed or likely to appeal to children, such as:

(i) cartoons;

(ii) toys;

(iii) animals;

(iv) children; or

(v) any other likeness to images, characters, or phrases that are popularly used to advertise to children;

(g) display medical cannabis products or images of products where the advertisement is visible to members of the public.

(3) Targeted marketing shall accurately and legibly identify:

(a) the medical cannabis pharmacy responsible for its content; and

(b) a statement that cannabis products are for use by patients only.

(4) Any targeted marketing for medical cannabis products that is related to the benefits, safety, or efficacy of the product, including therapeutic or medical claims, shall:

(a) be supported by substantial, current clinical evidence or data; and

(b) include information on side effects or risks associated with the use of cannabis.

(5) A medical cannabis pharmacy may have a link on its website to allow individuals to sign up to receive targeted marketing electronically.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-12 Change in Operating Plans

(1) A medical cannabis pharmacy shall submit a notice, on a form provided by the department, before making any

changes to the pharmacy's operating plan, including:

(a) ownership or financial backing of the facility;

(b) the facility's name;

(d) change to the protected areas;

(e) change in regular hours of operation or hours open for business; and

(f) any other information requested by the department.

(2) Pursuant to Subsection 4-41a-201.1(7), a medical cannabis pharmacy may not implement changes to the initial approved operatiing plan without board approval.

(3) The department shall specify the reason for the denial of approval for a change to the operation plan.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-13 Pharmacy License and Renewal

(1) A medical cannabis pharmacy shall submit a notice of intent to renew to the department within 30 days of license expiration.

(2) The licensee shall report the information required for renewal under Subsection 4-41a-201.1(10)(b)(iv) to the board.

(3) If the licensing fee and intent to renew are not submitted by the day of license expiration, the licensee may not continue to operate.

(4) The board may take into consideration significant violations issued in determining license renewals.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-14 Geographic Regions

(1) Pursuant to Subsection 4-41a-1005(1), the department shall divide the state into geographic regions based on:

(a) overall population;

(b) patient population; and

(2) The department establishes the following geographic regions by county:

(a) Region 1- Northern Utah:

(i) Box Elder;

(ii) Cache; and

(iii) Rich.

(b) Region 2 - Weber Basin

(i) Davis;

(ii) Morgan; and

(iii) Weber;

(i) Salt Lake;

(ii) Summit; and

(iii) Tooele;

(d) Region 4 - Uintah Basin:

(i) Daggett;

(ii) Duchesne; and

(iii) Uintah;

(e) Region 5 - West Central:

(i) Juab;

(ii) Sanpete;

(iii) Utah; and

(iv) Wasatch;

(f) Region 6- Central:

(i) Carbon;

(ii) Emery;

(iii) Millard;

(iv) Piute;

(v) Sevier; and

(vi) Wayne;

(g) Region 7 - Southwest:

(i) Beaver;

(ii) Garfield;

(iii) Iron;

(iv) Kane; and

(v) Washington; and

(h) Region 8 - Southeast:

(i) Grand; and

(ii) San Juan.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-15 Cannabis Pharmacy Agents

(1) Medical cannabis pharmacy employees shall be registered as PMP or a medical cannabis pharmacy agent.

(2) A medical cannabis pharmacy is responsible for ensuring that each agent has received any task specific training as outlined in the operating plan submitted to the department.

(3) A medical cannabis pharmacy agent shall have a properly displayed identification badge which has been issued by the department at all times while on the facility premises or while engaged in the transportation of cannabis.

(4) Each medical cannabis pharmacy agent shall have their state issued identification card in their possession to certify that the information on their badge is correct.

(5) A pharmacy agent may perform the following duties:

(a) assist a prospective cardholder with an application for a medical cannabis card;

(b) assist the cardholder with understanding available products, proper use of a medical device, medical cannabis strains, and methods of consumption or application within the dosing guidelines specified by an RMP or PMP;

(c) verify the status of an individual's medical cannabis card and dosing guidelines in a patient recommendation within the Electronic Verification System;

(d) enter and retrieve information from the Inventory Control System;

(e) authorize entry of a cardholder into the cardholder counseling area;

(f) take a refill order from an RMP;

(g) provide pricing and product information;

(h) process cardholder payment, including the issuance of receipt, refund, credit, and cash;

(i) prepare labeling for a product;

(j) retrieve medical cannabis and medical cannabis devices from inventory;

(k) accept a new order of medical cannabis or a medical cannabis device, orders left on voicemail for a PMP to review;

(l) verbally offer to a cardholder, the opportunity for counseling with a PMP regarding medical cannabis, or a medical cannabis device;

(m) assist with dispensing of product to a cardholder;

(n) screen calls for a PMP;

(o) prepare an inventory of medical cannabis and medical cannabis device;

(p) transport medical cannabis, or medical cannabis device; and

(q) assist with maintaining a safe, clean, and professional environment.

(6) A pharmacy agent may not perform the following duties:

(a) receive dosing guidelines for a patient's recommendation over the phone or in-person;

(b) determine or modify dosing guidelines in a patient's recommendation; or

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

Utah Admin. Code R66-5-16 Violation Categories

(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety, including:

(a) cannabis sold to an unlicensed source;

(b) cannabis purchased from an unlicensed source;

(d) failure to comply with PIC requirements;

(e) failure to maintain required general operating standards;

(f) failure to comply with product recall requirements;

(g) unauthorized personnel on the premises;

(h) permitting criminal conduct on the premises; or

(i) engaging in or permitting a violation of the Title 4, Chapter 41a, Medical Cannabis Pharmacy Operation and Agents, which amounts to a public safety violation as described in this subsection.

(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least five years;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements;

(f) failure to follow the walk- up, drive-thru, delivery, and curbside service requirements;

(g) failure to follow targeted marketing requirements;

(h) failure to follow agent duties and responsibilities requirements; or

(i) engaging in or permitting a violation of Title 4, Chapter 41a, Medical Cannabis Pharmacy Operation and Agents or this rule which amounts to a regulatory violation as described in this subsection;

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements, including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Medical Cannabis Pharmacy License which amounts to a licensing violation as described in this subsection; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: medical cannabis, medical cannabis pharmacy, targeted marketing, geographic regions, pharmacy cannabinoids, cannabis products
Date of Last Change: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1101(12), 4-41a-1104(4), 4-2-103(1)(i)

R66-6 Home Delivery and Courier

Utah Admin. Code R66-6-1 Authority and Purpose

(1) Subsection 4-41a-1202(1) authorizes this rule.

(2) This rule establishes medical cannabis home delivery operating standards, home delivery agent operating standards, courier agent application procedures, courier agent renewal application procedures, and courier agent certification standards.

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

Utah Admin. Code R66-6-2 Definitions

The terms defined in Section 4-41a-102 apply to this rule. In addition, "Manifest" means the document required under Subsection 4-41a-404(2) to be in the possession of any individual transporting medical cannabis that does not have a valid medical cannabis card.

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

Utah Admin. Code R66-6-3 Home Delivery Service

(1) A medical cannabis pharmacy may offer home delivery if it maintains an updated written operating plan for home delivery service that includes procedures to:

(a) ensure accurate record keeping of delivery information in the ICS;

(b) transport medical cannabis in a fully enclosed box, container, or cage, that is secured inside a delivery vehicle; and

(c) provide the department with information regarding any vehicle used for the delivery service, including the vehicle's make, model, color, vehicle identification number, and license plate number.

(2) A medical cannabis pharmacy may offer home delivery if the department issues a home delivery pharmacy designation authorizing the pharmacy to deliver medical cannabis directly or through a medical cannabis courier.

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

Utah Admin. Code R66-6-4 Home Delivery Operating Standards

(1) A medical cannabis delivery pharmacy or courier's operating plan shall meet the requirements described in Sections R66-6-3 and 4-41a-12 and include security measures containing the following information:

(a) a communication plan detailing the ability of couriers to communicate with a central dispatch or security team during delivery routes;

(b) emergency procedures with clear protocols for handling emergencies, including accidents, attempted theft, or security breaches;

(c) storage and security procedures for products that are unable to be delivered due to time constraints, weather, or emergencies;

(d) an inventory management system that tracks medical cannabis from pharmacy to patient, ensuring accountability for all products; and

(e) policies for verifying the identity of the individual receiving the medical cannabis to ensure the product is delivered to the correct medical cannabis cardholder or caregiver facility employee.

(2) Each home delivery pharmacy or courier shall:

(a) utilize a system for real time tracking of deliveries;

(b) verify the identity of the medical cannabis cardholder or caregiver facility employee at time of delivery;

(d) lock medical cannabis in a fully enclosed box, container, or cage when transporting and maintain appropriate storage temperature throughout the delivery process;

(e) ensure that the manifest is not modified in any way after they depart from a home delivery medical cannabis pharmacy facility with the shipment appearing on the manifest; and

(f) ensure that no person other than a pharmacy agent or courier agent is in a delivery vehicle during delivery or during the time medical cannabis is in the vehicle.

(3) When delivering medical cannabis to a cardholder's home, a pharmacy agent or courier agent may not:

(a) deliver medical cannabis to anyone other than a medical cannabis cardholder or a caregiver facility employee;

(b) perform a home delivery before 6 a.m. or after 10 p.m.;

(c) leave medical cannabis unattended in a delivery vehicle for more than 60 minutes unless the courier agent or pharmacy agent is staying overnight in the process of conducting a delivery;

(d) make a change in dosage or quantity at the request of the cardholder during delivery;

(e) consume medical cannabis while delivering medical cannabis; or

(f) transport medical cannabis beyond the locations that appear on the manifest.

(4) When delivering medical cannabis, a pharmacy agent or courier agent shall:

(a) wear an identification tag or similar form of identification that clearly identifies them to a cardholder and includes their position; and

(b) provide each cardholder or facility caregiver with printed material that includes a home delivery medical cannabis pharmacy's contact information and hours for counseling over the phone with a Pharmacy Medical Provider (PMP).

(5) If medical cannabis goes missing during a home delivery route, the pharmacy agent or courier agent shall:

(a) notify the home delivery medical cannabis pharmacy's supervising PMP within 24 hours of when the medical cannabis pharmacy agent first became aware of the missing product;

(b) provide details about the missing product to both the department and local law enforcement; and

(6) The department may inspect any vehicle used for home delivery at any time.

(7) A courier may store medical cannabis at its approved facility for up to 14 business days if the courier:

(a) has an approved operating plan for the facility that meets the requirements of Subsection 4-41a-1205(3);

(b) has a record documenting a failed delivery attempt because the intended recipient was unavailable or could not verify their identity; and

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

Utah Admin. Code R66-6-5 Change in Operating Plans

A medical cannabis courier shall submit a notice, on a form provided by the department, before making any changes to the courier's operating plans.

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

Utah Admin. Code R66-6-6 Violation Categories

(1) Public safety Violations: $3,000-$5,000 per violation. This category is for violations that present a direct threat to public health or safety, including:

(a) cannabis sold to an unlicensed source;

(b) cannabis purchased from an unlicensed source;

(d) failure to maintain home delivery standards.

(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:

(a) failure to maintain security systems;

(b) failure to keep and maintain records for at least five years;

(d) failure to follow transportation requirements.

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements, including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: medical cannabis, medical cannabis courier agent, medical cannabis home delivery, changes in operating plans, violation categories
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 4-41a-1202

R66-7 Educational Event and Educational Material Rules

Utah Admin. Code R66-7-1 Authority and Purpose

Pursuant to Sections 4-41a-403 and 4-41a-1104, this rule establishes the elements and restrictions on educational events a cannabis production establishment and a medical cannabis pharmacy may hold for the public or medical providers, and provides guidelines for educational material shared at the events.

History

KEY: cannabis, educational event, cannabis establishment production, medical cannabis pharmacy, educational material, standards
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-403; 4-41a-1104

Utah Admin. Code R66-7-2 Definitions

(1) "Educational event" means an event held by a cannabis production establishment or presented by a cannabis production establishment agent for providing education about medical cannabis for the benefit of the public or medical providers.

(2) "Educational material" means content distributed by a medical cannabis production establishment, cannabis production establishment agent, medical cannabis pharmacy agent, or qualified medical provider, whether in-person or online. Educational material includes:

(a) live or recorded content of an educational event;

(b) printed material such as books, pamphlets, flyers, or business cards; and

History

KEY: cannabis, educational event, cannabis establishment production, medical cannabis pharmacy, educational material, standards
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-403; 4-41a-1104

Utah Admin. Code R66-7-3 Educational Material Standards

(1) A presenter seeking to dispel false or misleading information about medical cannabis may include the false or misleading information in educational material if they also include a true statement regarding lawful cannabis use in Utah that dispels the false or misleading information.

(2) Educational material that relates to the use of medical cannabis products shall include information relating to side effects, consequences, contraindications, and effectiveness of medical cannabis, and ensure that information relating to effectiveness is not presented in greater scope, depth, or detail than information relating to side effects, consequences, and contraindications.

(3) The department will evaluate educational materials based on factors such as typography, layout, contrast, headlines, paragraphing, white space, and other techniques used to achieve emphasis.

(4) Educational material is false or otherwise misleading if it:

(a) contains a representation that a cannabis strain, brand, or product is more effective, useful in a broader range of conditions or patients, or safer than another drug or treatment, including other cannabis strains or products, unless the claim has been demonstrated by substantial evidence or substantial clinical data;

(b) uses a quote or paraphrases information out of context or without citing conflicting information from the same source in a manner that conveys a false or misleading idea;

(c) uses a study on individuals without a qualifying medical condition without disclosing that the subjects were not suffering from a qualifying medical condition;

(d) uses data to present a cannabis product favorably that is derived from patients treated with a different product or with dosages different from those legal in Utah;

(e) contains favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for the information or conclusions;

(f) fails to disclose the source of the material with sufficient detail to enable participants to locate the material independently; or

(g) fails to disclose that a study has not been subject to the peer review process.

(5) Educational material may not include:

(a) unsubstantiated health claims or claims without substantial evidence or substantial clinical data;

(b) information that encourages cannabis use for a non-qualifying condition;

(c) unprofessional terms, slang, phrasing, or verbiage associated with recreational cannabis use, unless those terms are necessary to:

(i) clarify or provide information valuable to the educational event participants, such as law enforcement officers;

(ii) identify and educate individuals on common terms used by patients and other individuals to refer to cannabis; and

(iii) present these terms in that context;

(d) images resembling cartoon or fictional character whose target audience is children or minors;

(e) content, symbols, or imagery that the cannabis production establishment knows or should know appeals to children;

(f) imagery featuring a person using the product in any way;

(g) statements that encourage, promote, or otherwise create an impression that use of cannabis is legal or acceptable to use in a manner except as specifically authorized under Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis Act;

(h) statements that recreational cannabis use has any potential health or therapeutic benefits, or that recreational use or possession is legal in Utah or under federal law;

(i) content dismissive of medical cannabis approved to treat a qualifying medical condition;

(j) content promoting consumption exceeding the recommended dosage;

(k) content targeting out-of-state customers;

(l) statements that falsely disparage a competitor's product; or

(m) statement, design, or representation, picture or illustration that is obscene or indecent.

History

KEY: cannabis, educational event, cannabis establishment production, medical cannabis pharmacy, educational material, standards
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-403; 4-41a-1104

Utah Admin. Code R66-7-4 Educational Event Standards

(1) Any attendee at an educational event held by a cannabis production establishment pursuant to Section 4-41a-403 shall be at least 21 years of age.

(2) Pursuant to Subsection 4-41a-1104(4), a pharmacy may allow an attendee under 21 years of age at an educational event if:

(a) the attendee is at least 18 years old:

(b) the attendee is a current Utah Medical Cannabis Card holder; and

(3) A presenter may address issues or questions posed during an educational event that clarify or provide information on the limits of cannabis use under Title 4, Chapter 41a, Cannabis Production Establishments or Title 26B, Chapter 4, Part2 Cannabinoid Research and Medical Cannabis Act.

History

KEY: cannabis, educational event, cannabis establishment production, medical cannabis pharmacy, educational material, standards
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-403; 4-41a-1104

Utah Admin. Code R66-7-5 Department Review

(1) Any educational event that falls under this rule must be disclosed to the department no less than ten business days before the educational event.

(2) A department employee may attend an educational event to verify compliance with state law and this rule.

(3) The department may require that a cannabis production establishment or pharmacy provide copies of any educational material scheduled to be distributed at an educational event to:

(a) verify that documents and materials are in compliance with Sections 4-41a-403 and 4-41a-1104;

(b) confirm the information presented is correct; and

(4) The department may require the cannabis production facility or presenter at an educational event to change the presentation and materials to comply with state laws and this rule.

History

KEY: cannabis, educational event, cannabis establishment production, medical cannabis pharmacy, educational material, standards
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-403; 4-41a-1104

R66-8 Academic Medical Cannabis Research

Utah Admin. Code R66-8-1 Authority and Purpose

Pursuant to Section 4-41a-901, this rule establishes the process by which a research university may obtain, cultivate, process, and possess cannabis for academic medical cannabis research.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-2 Definitions

(1) "Applicant" means a person from a research university who applies for a research license from the Utah Department of Agriculture and Food.

(2) "Lot" means the quantity of:

(a) flower produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

(3) "Research" means academic medical cannabis research or the study of cannabis for developing useful processes, information, and products.

(4) "Research Plan" means a plan stating the objective and purpose of the proposed academic medical cannabis research including each method and procedure for carrying out the research.

(5) "Research Location" means the area of a research university where academic medical cannabis research takes place.

(6) "Security Plan" means a plan to control and limit unauthorized access to cannabis and methods used to prevent diversion of cannabis.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-3 Research License Requirements

(1) An applicant may not possess any cannabis until the department notifies the applicant that their research license has been approved.

(2) An applicant shall be 21 years of age or older.

(3) A research university shall employ an applicant.

(4) An applicant shall submit to the department:

(a) the name, email address, and telephone number of the principal investigator responsible for the:

(i) procurement of cannabis;

(ii) use and secure storage of the cannabis; and

(iii) the management of the research;

(b) the institution's name and address;

(d) a research plan;

(e) the research location;

(f) the name and address of each cannabis production establishment or licensee from which the applicant intends to obtain cannabis; and

(g) a security plan.

(5) Each applicant for a license shall submit to the department, at the time of application, from each individual who will handle cannabis as part of the research, a nationwide criminal history from the FBI completed within three months of the application.

(6) An applicant shall submit a research license fee as approved by the Legislature in the fee schedule.

(7) Before issuing a license, the department shall inspect the proposed research location to determine if the applicant complies with state law and this rule.

(8) The department will reject and not consider an incomplete or incorrect application.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-4 Research Plan Requirements

(1) An applicant is responsible for ensuring that no information is included in a research plan that may compromise the applicant's ability to secure patent, trade secret, or other intellectual property protection.

(2) A person who as the legal authority to represent the research university shall submit each research plan to the department in a legible PDF format.

(3) Each individual involved in research shall be considered an agent of the licensee.

(4) A research plan is limited to 12 pages, not including references or citations, and should include the following information, in addition to the requirements of Section R66-8-3:

(a) the purpose and goal of the proposed research;

(b) each key milestone and timeline for the research;

(d) the amount and type of cannabis to be obtained for the research project, including the justification with respect to each milestone task;

(f) personnel that will be involved in the project, including each name and role;

(g) facilities, equipment, and other resources required and available for conducting the proposed research project;

(h) letters of support, limited to two pages each, confirming the commitment of time and resources from external personnel or organizations if external personnel or organizations will participate in research activities under an approved research project; and

(i) any additional information requested by the department.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-5 Inventory and Recordkeeping Requirements

(1) A licensee shall maintain an organized filing system so cannabis records can be easily obtained when requested by the department.

(2) The licensee shall maintain each record related to research and be available for inspection by the department, for a minimum of two years following the completion of the project.

(3) The licensee shall maintain a current inventory and record of the disposition of materials for cannabis, cannabis plant product, cannabis concentrate, and cannabis product on hand.

(4) A licensee shall take necessary measures to avoid the diversion of cannabis, cannabis concentrate, or cannabis product.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-6 Research Limitations

(1) A licensee shall only conduct research specified in an approved research plan.

(2) To amend an approved research plan, the department requires the resubmission and approval of the documents listed in Section R66-8-4 and the reason for the amendment.

(3) Cultivation or processing based research that does not involve testing on any human or animal subject is not subject to the testing requirements of Section R66-3-3.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-7 Minimum Storage and Handling Requirements

(1) A licensee shall maintain each storage area in a clean and orderly condition.

(2) A licensee shall store cannabis, cannabis concentrate, or cannabis product in a manner to prevent diversion, theft, or loss.

(3) A licensee shall make cannabis, cannabis concentrate, and cannabis product accessible only to the minimum number of specifically authorized agents of the licensee essential for efficient operation and shall return the cannabis, cannabis concentrate, or cannabis product to its secure location immediately after completion of the process or at the end of the scheduled business day.

(4) If a research process cannot be completed at the end of a working day, a licensee shall securely lock the processing area or tanks, vessels, bins, or bulk containers containing cannabis inside an area or room that affords adequate security.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-8 Cannabis Waste Disposal

(1) A licensee shall dispose of cannabis, cannabis concentrate, or cannabis product if research is discontinued for any reason.

(2) A licensee shall store, manage, and dispose solid and liquid waste generated during research in accordance with applicable state law and rules under Title R66.

(3) A licensee shall dispose wastewater in compliance with applicable state law and rules.

(4) Cannabis waste shall be made unusable before leaving the research location.

(5) Cannabis waste, that is not designated as hazardous, shall be made unusable by grinding and incorporating the cannabis waste with other ground materials so the resulting mixture is at least 50% non-cannabis waste by volume or other methods approved by the department before implementation.

(6) Materials used to grind and incorporate with cannabis fall into two categories:

(a) compostable; or

(b) non-compostable.

(7) Compostable waste includes cannabis waste mixed with the following for disposal as compost or in another organic waste method:

(a) food waste;

(b) yard waste; or

(8) Non-compostable waste includes cannabis waste mixed with the following for disposal in a landfill or another disposal method, such as incineration:

(a) paper waste;

(b) cardboard waste;

(d) soil.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-9 Security Plan

(1) A licensee's security plan shall include effective controls and procedures to:

(a) guard against theft and diversion of cannabis; and

(b) ensure the storage of cannabis is a securely locked, substantially constructed cabinet.

(2) A licensee may not employ, as an agent or employee who has access to cannabis, any person who:

(a) has been convicted of a drug-related felony in the last 10 years; or

(b) is not at least 21 years of age.

(3) A licensee shall notify the department of any theft or significant loss of any cannabis within 24 hours from the discovery of the loss or theft.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-10 Renewal

(1) A licensee shall resubmit each document required in Sections R66-8-3 and R66-8-4, with updated information, before December 31st of each year, including a report detailing the progress of the research.

(2) The department may deny a renewal for incomplete documentation.

(3) The department may deny renewal for any licensee that has violated any portion of this rule or state law.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-11 Violations

(1) It is a violation for a licensee to store or process cannabis, cannabis concentrate, or cannabis product on a site not approved by the department as part of the license.

(2) It is a violation for a licensee to process cannabis, cannabis concentrate, or cannabis product from a source that is not licensed by the department.

(3) A licensee's research for the U.S. Drug Enforcement Administration (DEA) or another law enforcement agency is exempt from Subsections R66-8-13(1) and R66-8-13(2).

(4) A licensee shall maintain each requirement of their security plan and may not allow unsupervised public access to an area where cannabis, cannabis concentrate, or cannabis product is stored or processed.

(5) A licensee may not deny an official of the department access for sampling or inspection purposes.

(6) It is a violation of this rule to handle or possess cannabis without a license from the department.

(7) It is a violation for a licensee to employ a person under the age of 21 in the processing or handling of cannabis or a cannabis product.

(8) It is a violation to fail to keep a record required by this rule.

(9) It is a violation to allow an employee who has been convicted of a drug-related felony in the last ten years access to cannabis or a cannabis product.

(10) It is a violation to operate outside of the scope of the research project approved under the license.

(11) It is a violation to make changes to a research plan or research location without prior approval from the department.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

Utah Admin. Code R66-8-12 Violation Categories

(1) Public Safety Violations: The department fines each person $3,000- $5,000 per violation. This category is for violations that present a direct threat to public health or safety, including:

(a) cannabis sold to an unlicensed source;

(b) cannabis purchased from an unlicensed source;

(d) unauthorized personnel on the premises;

(e) permitting criminal conduct on the premises; or

(f) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments, that amounts to a public safety violation as described in this subsection.

(2) Regulatory Violations: The department fines each person $1,000-$5,000 per violation. This category is for violations involving this rule and other applicable state rules under Title R66, including:

(a) failure to follow the approved security plan;

(b) failure to keep and maintain records;

(d) failure to follow the waste and disposal requirements; or

(e) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments, this rule, or other applicable state rules under Title R66, that amounts to a regulatory violation as described in this subsection.

(3) Licensing Violations: The department fines each person $500 - $5,000 per violation. This category is for violations involving research license requirements, including:

(a) an unauthorized change to the research plan;

(b) failure to notify the department of changes to the research plan;

(c) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments that amounts to a licensing violation as described in this subsection; or

(d) failure to respond to a violation.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incident giving rise to the violation.

History

KEY: cannabis, research
Date of Last Change: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-901

R66-9 Cannabis Licensing Process

Utah Admin. Code R66-9-1 Authority and Purpose

(1) Subsections 4-41a-201(2)(a)(ii) and 4-41a-1206(10) authorize this rule.

(2) This rule establishes the process for issuing a cannabis production establishment license and a closed-door medical cannabis pharmacy license.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

Utah Admin. Code R66-9-2 Cannabis Production Establishment and Pharmacy Licensing

(1) The department will solicit applications for cannabis cultivation facility licenses if the conditions in Subsection 4- 41a-205(2)(a) or (b) are met.

(2) A licensed cannabis cultivation facility may not be awarded a second cannabis cultivation facility license.

(3) Pursuant to Section 4-41a-201, the board may not accept an incomplete license application.

(4) If there are more qualified applicants than available licenses, the department will evaluate the applicants pursuant to Subsection 4-41a-205(3).

(5) The department will solicit applications for medical cannabis pharmacy licenses when a medical cannabis pharmacy license becomes available due to closure or another reason.

(6) The department will solicit applications for closed-door medical cannabis pharmacy licenses pursuant to Section 4- 41a-1206.

(7) Pursuant to Section 4-41a-201, the board may not accept a license application unless it is complete and will return an incomplete application to the applicant.

(8) The board will consider a license application only after an applicant meets the following conditions:

(a) submits a complete application, including documents and supplemental materials on the department's application checklist;

(b) pays the required application fee; and

(9) The department shall forward to the board the information and recommendation to aid in the license determination.

(10) The board will follow the process outlined in Subsection 4-41a-201.1(6) in considering the application.

(11) Before issuing a license, the department shall inspect the proposed premises to determine if the applicant complies with state laws and rules.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

Utah Admin. Code R66-9-3 Department Review

(1) The department's review shall:

(a) verify required documents and supplemental materials have been submitted with the application;

(b) confirm the information in the application is correct;

(d) confirm that operating and business plans comply with state laws and administrative rules.

(2) The department may require additional information from an applicant.

(3) The department shall submit the cannabis processing facility or independent cannabis testing laboratory application to the Board with information within a reasonable time of receiving a completed cannabis processing facility or independent cannabis testing laboratory application.

(4 ) The department may conduct face to face interviews with an applicant, if needed, to determine the best qualified applicant for the licenses that will be issued.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

Utah Admin. Code R66-9-4 Board Review-Licenses with Limited Availability

(1) If the department solicits applications for a limited number of cannabis licenses, the board shall score complete applications that meet the requirements of Subsection R66-9-2(8) and Section R66-9-3.

(2) The board shall issue licenses according to those applicants with the highest score, depending on how many licenses are available.

(3) The board review in these circumstances shall be a blind process with each name removed from each document that is provided to the board for consideration.

(4) The board may consider the following factors in determining whether to grant cannabis production establishment licenses:

(a) the applicant's experience in the medical cannabis industry;

(b) the applicant's ability to be compliant within their operating plan;

(d) the timeline under which each phase of the applicant's business will be operational;

(e) other factors determined by the department or the board; and

(f) the factors required under Title 4, Chapter 41a, Part 2 Cannabis Production Establishment, and Title 4, Chapter 41a, Part 10 Medical Cannabis Pharmacy License.

(5) In addition to the factors listed in Subsection 4-41a-1206(7), the board shall approve locations for closed-door medical cannabis pharmacies based on:

(a) patient needs;

(b) the existence of a policy allowing the Pharmacist in Charge (PIC) to determine pharmacy inventory;

(d) the applicant's operating plan.

(6) The board may conduct face-to-face interviews with an applicant if needed, to determine the best qualified applicant for the licenses that will be issued.

(7) If the board discussion determines to change an applicant's initial score, the board shall document the reason for the change.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

Utah Admin. Code R66-9-5 Public Hearing

(1) The board shall make licensing determination during a public hearing where the application was considered.

(2) The board shall allow prospective applicants to make a presentation at the public hearing in which their application is considered.

(3) The board shall notify the prospective applicant a minimum of ten business days in advance of the public hearing where their application is being considered.

(4) The board may limit the time available for presentations by the applicants.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

Utah Admin. Code R66-9-6 Cannabis Production Establishment and Pharmacy Licensing Advisory Board Electronic Meetings

(1) The board shall conduct all meetings in accordance with Title 52, Chapter 4 Utah Open and Public Meetings Act, and Rule R51-7 Open and Public Meetings Act Electronic Meetings.

(2) The board shall provide public notice of the meeting in accordance with Section 52-4-202.

(a) The notice shall specify the anchor location, as defined in Subsection 52-4-103(1), where the members of the board not participating electronically or by telephone will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Unless otherwise specified in the notice, the anchor location is the main office of the Utah Department of Agriculture and Food, Taylorsville, Utah.

(3) The board shall provide public notice of the meeting at least 24 hours before the meeting and shall:

(a) post the agenda at the anchor location; and

(b) post it on the Public Notice Website.

(4) The board shall adhere to the following procedures for electronic participation:

(a) provide notice of the possibility of an electronic meeting to the board members at least 24 hours before the meeting; and

(b) describe how a member may participate in the meeting electronically or by telephone.

(5) A member may participate electronically and shall count as present for purposes of a quorum and may fully participate and vote on any matter coming before the board.

(6) At the commencement of the meeting, or at such time as any member initially appears electronically or by telephone, the chair shall identify for the record those who are appearing by telephone or electronically.

(7) The chair shall confirm all votes cast by members participating electronically.

History

KEY: cannabis, cannabis production, licensing, Cannabis Production Establishment, Pharmacy Licensing Advisory Board, meetings
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-41a-201(2)(a)(ii)

R66-10 Closed-Door Medical Cannabis Pharmacy

Utah Admin. Code R66-10-1 Authority and Purpose

(1) Subsections 4-41a-1206(10) and 4-2-103(1)(i) authorize this rule.

(2) This rule establishes operating and licensing requirements and standards for closed-door medical cannabis pharmacies and their employees.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-2 Definitions

(2) "Card" means a medical cannabis card or registration card, authorized under Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis.

(3) "DHHS" means The Utah Department of Health and Human Services.

(4) "PMP" means a medical cannabis pharmacy medical provider that meets the criteria defined in Subsection 4-41a- 1101(12).

(5) "Recreational disposition" means:

(a) slang words or phrases associated with the recreational use of cannabis;

(b) an image of a celebrity or other person whose target audience is children or minors;

(d) content that promotes excessive consumption;

(e) content that is obscene or indecent; or

(f) content that a reasonable person knows or should know appeals to children.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-3 Closed-Door Medical Cannabis Pharmacy License

(1) A closed-door medical cannabis pharmacy license allows a home delivery medical cannabis pharmacy licensee to store and distribute medical cannabis via delivery from a separate approved location.

(2) Each closed-door medical cannabis pharmacy license shall expire on the same day as the licensee's home delivery pharmacy license, as outlined in Subsection R66-5-3(3).

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-4 Closed-door Medical Cannabis Pharmacy Requirements

(1) A closed-door medical cannabis pharmacy license operating plan shall contain a blueprint of the facility that contains the following information:

(a) limited access areas;

(b) where it stores cannabis products and cannabis devices;

(d) the location of toilet facilities and hand washing facilities;

(e) the location of a break room and the location of personal belonging lockers; and

(f) the location of the areas for loading and unloading of cannabis and cannabis products.

(2) A closed-door medical cannabis pharmacy shall protect confidential cardholder data and information stored in the Electronic Verification System, ensuring access to and use of the data and information is limited to those individuals and purposes authorized under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and this rule.

(3) A closed-door medical cannabis pharmacy may not ship cannabis to patients outside the hours described in Subsection R66-6-3(4)(b).

(4) A closed-door medical cannabis pharmacy may not dispense expired, damaged, deteriorated, misbranded, adulterated, or opened medical cannabis products or medical cannabis devices.

(5) A closed-door medical cannabis pharmacy shall maintain a written plan to handle potential recall and destruction of cannabis due to contamination.

(6) A closed-door medical cannabis pharmacy operating plan shall include a waste disposal plan that complies with Section 4-41a-1101.

(7) A closed-door medical cannabis pharmacy shall provide a copy of a certificate of analysis for a medical cannabis product to a medical cannabis cardholder or a recommending medical provider if:

(a) the cardholder or provider requests it in writing; and

(b) the closed-door medical cannabis pharmacy redacts the location of the medical cannabis processor.

(8) A closed-door medical cannabis pharmacy shall immediately report any actual or suspected criminal activity to:

(a) the department; and

(b) law enforcement with jurisdiction where the criminal acts occurred.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-5 Separation of Closed-Door Medical Cannabis Pharmacies and Medical Cannabis Processors in a Single Facility

(1) Any facility with both a closed-door pharmacy license and a license for medical cannabis processing shall ensure the physical separation of medical cannabis, which includes:

(a) separating medical cannabis intended for home delivery from medical cannabis in the processing facility;

(b) prohibiting the processing of medical cannabis materials in rooms designated as closed-door pharmacy areas;

(d) storing closed-door pharmacy products and medical cannabis processor cannabis in separate secure rooms that are not accessible from the other licensed facility.

(i) Final product, raw material, or processed material in inventory at the processor may not travel through the closed- door pharmacy area.

(2) Upon request, the licensee shall inform the department of how it implements the separation of materials, including the facility's separation procedures for raw material, extract, and final products.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-6 Security Standards

(1) A closed-door medical cannabis pharmacy shall comply with security standards established in Section 4-41a-1101.

(2) A closed-door medical cannabis pharmacy shall have a complete video surveillance system:

(a) with a minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog;

(b) that allows for the clear and certain identification of any person or activities; and

(3) Visitors to a closed-door medical cannabis pharmacy shall have a properly displayed identification badge issued by the facility while on the premises of the facility.

(4) A Pharmacy Agent or PMP shall escort visitors while in the facility;

(5) A medical cannabis pharmacy shall keep and maintain a log of visitors, showing:

(a) full name and age of each visitor entering the facility;

(b) badge number issued;

(d) time of departure; and

(e) purpose of the visit.

(6) The closed-door medical cannabis pharmacy shall maintain the visitor log for a minimum of one year.

(7) The closed-door medical cannabis pharmacy shall make visitor logs available to the department upon request.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-7 Inventory Control

(1) A closed-door medical cannabis pharmacy shall record all cannabis products and cannabis waste into the inventory control system, which includes:

(a) unique identification number;

(b) batch or lot number;

(d) storage location; and

(e) date entered into the inventory control system.

(2) Returned products shall be reactivated and placed into the inventory control system.

(3) Each cannabis product or cannabis waste shall have a physical tag containing information listed in Subsection R66- 5-6(1).

(4) A receiving medical cannabis pharmacy shall:

(a) document in the inventory control system any material containing cannabis received, and any difference between the quantity specified in the transport manifest and the quantity received; and

(b) within one working day, notify the department if disparities in the quantity of cannabis received are greater than 10% from the amount recorded on the transportation manifest.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-8 Minimum Requirements for the Storage and Handling of Cannabis

A closed-door medical cannabis pharmacy shall provide adequate conditions for cannabis storage, including:

(1) adequate lighting, sanitation, temperature, humidity, space, equipment, and security;

(2) storing cannabis at least six inches off the ground;

(3) storing cannabis away from potential contaminants; and

(4) storing outdated, damaged, deteriorated, misbranded, or adulterated cannabis separately by physical barrier until destruction.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-9 Cannabis Disposal and Waste

(1) A closed-door medical cannabis pharmacy shall transfer cannabis waste to the medical cannabis home delivery pharmacy location or to a cannabis production establishment licensed by the department for disposal.

(2) A closed-door medical cannabis pharmacy shall:

(a) securely lock and store cannabis waste in a container marked "Not for Sale"; and

(b) ensure the medical cannabis product is logged in the ICS at the time of disposal with appropriate information, including a description of and reason for the disposal.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-10 Product Recall

(1) A closed-door medical cannabis pharmacy shall cooperate with product recalls initiated by a cannabis production establishment, a medical cannabis pharmacy, or the department.

(2) The home delivery pharmacy shall handle the recall, bypassing the closed-door medical cannabis pharmacy, according to the its operating plan and in compliance with Section R66-5-8.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-11 Change in Operating Plans

(1) A closed-door medical cannabis pharmacy shall submit a notice, on a form provided by the department, before making any changes to the closed-door pharmacy's operating plan.

(2) A medical cannabis pharmacy may not implement changes to the initial approved operating plan without written approval from the department.

(3) The department shall specify the reason for the denial of approval for a change to the operation plan.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-12 Revenue Reporting

A medical cannabis home delivery pharmacy who opens a closed-door medical cannabis pharmacy shall submit, on a form provided by the department, quarterly reports that include:

(1) the total quarterly revenue for the closed-door pharmacy;

(2) total quarterly revenue for each licensed medical cannabis pharmacy owned by the entity; and

(3) any other information requested by the department.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-13 Closed-Door Pharmacy License and Renewal

(1) A medical cannabis home delivery pharmacy shall submit a notice of intent to renew the closed-door pharmacy with the renewal for the home delivery pharmacy.

(2) The licensee shall report the information required for renewal under Subsection 4-41a-201.1(10)(b)(iv) to the board.

(3) If the licensing fee and intent to renew are not submitted by the day of license expiration, the licensee may not continue to operate.

(4) The board may consider significant violations issued when determining license renewals.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

Utah Admin. Code R66-10-14 Violations Categories

(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety, including:

(a) cannabis sold to an unlicensed source;

(b) cannabis purchased from an unlicensed source;

(d) failure to comply with pharmacist-in-charge requirements;

(e) failure to maintain required general operating standards;

(f) failure to comply with product recall requirements;

(g) unauthorized personnel on the premises;

(h) permitting criminal conduct on the premises; or

(i) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies which amounts to a public safety violation as described in this subsection.

(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least five years;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements;

(f) failure to follow targeted marketing requirements;

(g) failure to follow agent duties and responsibilities requirements; or

(h) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies or this rule which amounts to a regulatory violation as described in this subsection;

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, which amounts to a licensing violation as described in this subsection; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: medical cannabis, pharmacy, closed-door, violation categories, product recall, waste and disposal, licensing, storage and handling
Date of Last Change: December 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-1206(10)

R66-29 Compliance Procedures

Utah Admin. Code R66-29-1 Authority and Purpose

(1) This rule is promulgated under the authority of Subsection 4-2-103(1)(j) and Section 4-2-302.

(2) This rule establishes the division's use of hold orders, the issuing of citations, and requests for a hearing.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-2 Definitions

(1) "Cease-and-Desist order" means a written order issued by the division requiring a respondent to cease-and-desist violations and directing that positive steps be taken to mitigate any harm or damage arising from the violation.

(2) "Citation" means a lawful notice, issued by the division, that is intended to immediately remedy a violation of agricultural statute or rule by a person, pursuant to Sections 4-2-304, 4-41-106, and 4-41a-801, and may include a penalty assessment or provide for a fine to take effect within a stated period.

(3) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food or the commissioner's designee.

(4) "Division" means the Division of Specialized Products in the department.

(5) "Hold Order" means a written action by the division, that is issued to a person because of information that is known by the division, that identifies:

(a) a danger to the public's health, safety or welfare, and warrants prompt action; or

(b) a violation of statute or rule.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-3 Hold Order

(1) The division may issue a hold order when it determines that there is an immediate and significant danger to public health, safety, or welfare. The hold order may be issued to secure the well-being, safety, or removal of danger to state citizens.

(2) Hold orders are intended to protect the public from unlawful agricultural and food products and services.

(3) When a hold order is justified, and conditions warrant immediate action by the division, the division shall promptly issue a written order that includes:

(a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;

(b) a brief statement of findings of fact as determined by the division;

(d) the reasons for issuance of the hold order;

(e) products and services subject to the hold order;

(f) corrective action required;

(g) the signature of the department representative; and

(h) a space or line for the signature of the person being given the order, although a signature is not needed if the person refuses.

(4) No product, condition, or service subject to the order shall be released, except upon written release by the department.

(5) Pursuant to Subsection 4-2-304(2) the person subject to the written order may be required to pay the expense incurred by the department in connection with the withdrawal of the product, condition, or service from the market.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-4 Citation

(1) The commissioner may enforce this rule by the issuance of a citation for violation to secure payments of fines or the imposition of penalties.

(2) The citation shall include:

(a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;

(b) references to the statutes or rules violated;

(d) a penalty or fine amount;

(e) the signature of the division representative;

(f) corrective action required; and

(g) a statement that the person is allowed to request an administrative hearing if the person feels that a citation was not warranted.

(3) Fine or penalty amounts shall be set by the department or the division, under the direction of the commissioner, for amounts up to $5,000 per violation, or if the citation involves a criminal proceeding, the person may be found guilty of a class B misdemeanor.

(4) For violations of Chapter 4-41 Hemp and Cannabinoid Act:

(a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and

(b) if the citation is not paid within 60 days, the penalty shall be four times the citation amount.

(5) For violations of Chapter 4-41a Cannabis Production Establishments:

(a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and

(b) if the citation is not paid within 40 days, the penalty shall be four times the citation amount.

(6) For violations of Chapter 4-45 Kratom Consumer Protection Act:

(a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and

(b) if the citation is not paid within 60 days, the penalty shall be four times the citation amount.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-5 Cease-and-Desist Order

(1) The division may issue a cease-and-desist order upon discovery of a suspected violation of the code or administrative rules.

(2) The cease-and-desist order shall:

(a) include the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;

(b) include references to the statutes or rules violated;

(d) order the respondent to immediately cease the prohibited act or prohibited course of conduct;

(e) specify corrective action required; and

(f) take effect immediately upon the date issued or within such time as specified by the division.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-6 Suspension of License

(1) The division may suspend a license or permit upon discovery that a person has failed to meet any legal, financial, or operational requirements required by statute or administrative rules.

(2) The division shall provide the licensee with a notice outlining the violations and the suspension, that includes:

(a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;

(b) references to the statutes or rules violated;

(d) corrective action required.

(e) The suspension shall take effect immediately upon the date issued or within a time specified by the division.

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

Utah Admin. Code R66-29-7 Request for Hearing

(1) When any order or citation is issued, the person being charged with the violation may elect to file, within allowable time limits, a request for the department to schedule an informal administrative hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and Rule R51-2.

(2) A request for a hearing suspends the timeline referenced in Subsections R66-29-4(4), R66-29-4(5), and R66-29- 4(6).

History

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302

R66-30 Industrial Hemp Program - Cannabinoid Product Processors

Utah Admin. Code R66-30-1 Authority and Purpose

Pursuant to Section 4-41-103.1, this rule establishes the standards, practices, procedures, and requirements for participation in the Utah Industrial Hemp Program for the processing and handling of cannabinoid products.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-2 Definitions

(1) "Bulk cannabinoid product" means a cannabinoid product that has been prepared and is ready for final packaging.

(2) "Cannabinoid" means any:

(a) naturally occurring derivative of cannabigerolic acid (CAS #25555-57-1); or

(b) any chemical compound that is both structurally and chemically similar to a derivative of cannabigerolic acid.

(3) "Cannabinoid concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and

(b) any amount of a natural, derivative, or synthetic cannabinoid in the synthetic cannabinoid's purified state.

(4) "Department" means the Utah Department of Agriculture and Food.

(5) "Final product" means a reasonably homogenous cannabinoid product in its final packaged form created using the same standard operating procedures and the same formulation.

(6) "Handle" or "Handling" means possessing, transporting, or storing industrial hemp, cannabinoid concentrate, or cannabinoid product for any period.

(7) "Industrial hemp material" means raw concentrate, raw plant material, or materials made from raw plant material or raw concentrates that are not in a final packaged form.

(8) "Location" means a specific street address, including street number, street name, city, state, and zip code.

(9) "Manufacturing" means storing, preparing, packaging, or labeling of industrial hemp, industrial hemp material, or cannabinoid products.

(10) "Processing" means any action taken to prepare industrial hemp, or material derived from industrial hemp, for market.

(11) "Cannabinoid processor" means:

(a) a person licensed by the department to process industrial hemp or a material derived from industrial hemp; or

(b) a licensed medical cannabis processor approved by the department to process industrial hemp or material derived from industrial hemp.

(12) "Raw plant material" or "Raw concentrate" means industrial hemp plant material or concentrate that is not in final product form.

(13) "Third-party laboratory" means a laboratory that has no direct interest in a grower or processor of industrial hemp or cannabinoid products that is capable of performing mandated testing utilizing validated methods.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-3 Cannabinoid Product Processor Licenses

(1) The department shall issue the following cannabinoid processor licenses:

(a) a Tier One license, which allows a cannabinoid processor to:

(i) receive, store, extract, transport, and wholesale industrial hemp material; and

(ii) manufacture finished cannabinoid product;

(b) a Tier Two license, which allows a cannabinoid processor to:

(i) receive bulk cannabinoid product and store, package, label, transport; and

(ii) wholesale finished cannabinoid product; or

(i) sell finished cannabinoid product to a retailer; and

(ii) perform minimal processing for storage only.

(2) A cannabinoid processing establishment shall obtain a separate license for each type of cannabinoid processing establishment and each location of a cannabinoid processing establishment.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-4 Application Requirements

(1) An applicant seeking a cannabinoid processor license shall submit a complete application to the department.

(2) The applicant shall submit a non-refundable fee as approved by the Legislature in the fee schedule.

(3) The department shall deny any applicant who does not submit the required information.

(4) Each applicant for a cannabinoid processor license that processes industrial hemp or cannabinoid products intended for human consumption, shall be required to register as a food establishment under Section 4-5-301 pursuant to the requirements of Section R66-30-7.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-5 Processing Facility Restrictions

(1) A cannabinoid processor may not process or store raw plant material or raw concentrate from industrial hemp in any structure that is used for residential purposes.

(2) A cannabinoid processor may not process or handle industrial hemp or hemp material from any person who is not licensed by the department, or the United States Department of Agriculture (USDA), or from a person outside the state who is not authorized by the laws of that state.

(3) A cannabinoid processor may not permit a person under the age of 18 to access industrial hemp or cannabinoid products.

(4) A cannabinoid processor shall submit a nationwide criminal history from the FBI to the department for each key participant within 90 days of employment.

(5) The cannabinoid processor shall notify the department if a key participant separates from the cannabinoid processor within two weeks following the separation.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-6 Extraction Methods

(1) In addition to the requirements of Section R66-30-4, an applicant seeking to engage in the extraction of cannabinoid concentrate from industrial hemp shall submit to the department a detailed description of the proposed extraction method.

(2) The applicant shall describe the proposed process for the removal of any solvents added during the extraction process, if applicable.

(3) The applicant shall describe the safety measures proposed to protect the public and employees from dangers associated with extraction methods.

(4) The department may deny a license for methods that pose a significant risk to public health and safety.

(5) Each cannabinoid processor shall adhere to the following extraction guidelines:

(a) ensure hydrocarbons n-butane, isobutane, propane, or heptane are of at least 99% purity;

(b) use a professional grade closed loop extraction system designed to recover the solvents, work in an environment with proper ventilation, and control each source of ignition where a flammable atmosphere is or may be present;

(c) ensure that any carbon dioxide (CO2) gas extraction system uses a professional grade closed loop CO2 gas extraction system where each vessel is rated to a minimum of six hundred pounds per square inch and CO2 shall be at least 99% purity;

(d) ensure that closed loop hydrocarbon, alcohol, or CO2 extraction systems are commercially manufactured and bear a permanently affixed and visible serial number; and

(e) upon request, provide the department with documentation showing that the system is:

(i) safe for its intended use; and

(ii) commercially manufactured.

(6) The applicant shall state whether they will be using derivative or synthetic cannabinoids and how they will produce or procure them.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-7 Processing Practices

(1) A cannabinoid processor that manufactures cannabinoid products for human consumption shall register with the Division of Regulatory Services within the department.

(2) A cannabinoid processor that also is a holder of a medical cannabis processing license shall adhere to the separation requirements of Section R66-2-5 to ensure physical separation of medical cannabis and industrial hemp in their facility.

(3) A cannabinoid processor that manufactures cannabinoid products shall ensure that the facility meets basic cleanliness standards, including:

(a) buildings are of suitable size, design, and construction to permit unobstructed placement of equipment, orderly storage of materials, sanitary operation, and proper cleaning and maintenance;

(b) floors, walls, and ceilings are constructed of smooth, easily cleanable surfaces and are kept clean and in good repair;

(c) fixtures, ducts, and pipes are installed in such a manner that drip or condensate does not contaminate materials, utensils, contact surfaces of equipment, or finished products in bulk;

(d) lighting and ventilation are sufficient for the intended operation and comfort of personnel;

(e) water supply, washing and toilet facilities, floor drainage, and sewage system are adequate for sanitary operation and cleaning of facilities, equipment, and utensils, as well as satisfying employee needs and facilitating personal cleanliness; and

(f) adequate filth and pest controls are in place.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-8 Required Records

(1) The cannabinoid processor shall keep records of receipt for any industrial hemp material obtained, including:

(a) the date of receipt;

(b) quantity received;

(d) the seller's information, including:

(i) the seller's department license number;

(ii) seller's contact information; and

(iii) the address of the facility or growing area from which the industrial hemp material was shipped.

(2) The cannabinoid processor shall keep records that include the following information for each batch of industrial hemp material processed;

(a) the date of processing;

(b) the lot number of the material;

(d) the type of processing; and

(e) any lab test conducted on the industrial hemp material or product during the processing.

(3) The cannabinoid processor shall maintain records of the following:

(a) any derivative or synthetic cannabinoids procured or produced and the product in which the cannabinoid is used;

(b) any tests conducted, including the identifying lot number; and

(c) for a minimum of three years, any manufactured products and the disposition of any cannabinoid material leaving the facility.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-9 Testing

(1) A third-party laboratory shall test cannabinoid products for the following before distribution:

(a) cannabinoid profile;

(b) solvents;

(d) microbials;

(e) heavy metals; and

(f) foreign matter.

(2) The department shall conduct random testing of cannabinoid products and materials.

(3) The sample taken by the department shall be the official sample.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-10 Inspections and Sampling

(1) The department shall have complete and unrestricted access to industrial hemp plants, seeds, materials, and any land, buildings, and other structures used to process industrial hemp.

(2) Samples of industrial hemp or cannabinoid product may be randomly taken from the facility by department officials.

(3) The department may review records kept in accordance with rule requirements.

(4) The department shall notify a cannabinoid processor of test results greater than 0.3% THC.

(5) Any laboratory test with a result greater than 0.3% THC may be considered a violation of the terms of the license and may result in an immediate license revocation.

(6) Any laboratory test of a final product with a result of 1% THC or greater shall be turned over to the appropriate law enforcement agency, and revocation of the cannabinoid processor license shall be immediate.

(7) The department shall notify the cannabinoid processor of any adulterants found during testing.

(8) The presence of deleterious or harmful substances may be considered a violation of the terms of the license and may result in a license revocation.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-11 Storage of Industrial Hemp Material and Cannabinoid Products

(1) A cannabinoid processor may store industrial hemp material and cannabinoid products at their licensed facility.

(2) A Tier One cannabinoid processor may store a raw concentrate that exceeds 0.3% THC provided:

(a) the concentrate is kept in a secure room;

(b) the concentrate is kept separate from other hemp and cannabinoid products;

(d) a record is kept of the amount of concentrate being stored and when it is being moved.

(3) Storage facilities shall be maintained in accordance with the practice adopted in Section R66-30-7.

(4) Storage facilities and records are subject to random inspection by department officials.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-12 Transportation of Industrial Hemp Material

Each movement of industrial hemp material shall include a transport manifest that includes the following information:

(1) a copy of the COA for each batch included in the shipment;

(2) the location of the sending and receiving parties;

(3) proof of registration or licensure for the sending and receiving parties; and

(4) a bill of lading for the transported material.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-13 Restriction on the Sale and Transfer of Industrial Hemp Material

(1) A cannabinoid processor may not sell or transfer living plants, viable plants, viable seed, or industrial hemp material to any person not licensed by the department or the USDA.

(2) A cannabinoid processor may sell stripped stalks, fiber, and nonviable seed to the public provided the material's THC level is less than 0.3%.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-14 Renewal

(1) A cannabinoid processor shall resubmit the documents required in Section R66-30-4, with updated information, on or before December 31 of the current year.

(2) The department may deny a renewal for an incomplete application.

(3) The department may deny renewal for any cannabinoid processor who has violated any portion of this rule or state law.

(4) The department shall assess a late fee for a renewal of a cannabinoid processor license submitted on or after January 1 and the cannabinoid processor shall pay the fee before the license renewal is issued.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

Utah Admin. Code R66-30-15 Violations

(1) It is a violation to process industrial hemp or industrial hemp material on a site not approved by the department.

(2) It is a violation to process industrial hemp or industrial hemp material from a source that is not approved by the department.

(3) A cannabinoid processor may not allow unsupervised public access to hemp processing facilities.

(4) It is a violation to employ a person under the age of 18 in the processing or handling of industrial hemp or cannabinoid products.

(5) It is a violation to sell a cannabinoid product to the public or another cannabinoid processor in violation of this section or state laws governing the final product.

(6) It is a violation to process raw concentrate without the appropriate cannabinoid processor license.

(7) It is a violation to fail to maintain records required by this rule or to fail to adhere to the notification requirements of this rule.

(8) It is a violation to use artificially derived cannabinoids in cannabinoid products without notifying the department.

(9) It is a violation for a cannabinoid processor to allow an employee access to industrial hemp material or cannabinoid product that contains over 0.3% THC, or has the potential to contain over 0.3% THC, if the employee:

(a) has a felony conviction; or

(b) has a drug-related misdemeanor conviction within the previous 10 years.

(10) It is a violation to have cannabinoid concentrate without a cannabinoid product processing license.

(11) It is a violation to store cannabinoid concentrate with greater than 0.3% THC concentration without following the requirements of Subsection R66-30-12(2).

(12) It is a violation to store industrial hemp material without a cannabinoid processor license from the department or a cultivator license from the USDA.

(13) It is a violation to have non-compliant material.

(14) It is a violation for a cannabinoid processor to engage in practices outside of the scope of their license.

(15) It is a violation to use an extraction method that is not authorized by Section R66-30-6.

(16) It is a violation to employ a key participant without a background check for longer than 90 days.

(17) It is a violation to operate a facility that does not meet basic cleanliness standards outlined in Section R66-30-7.

(18) For holders of industrial hemp and medical cannabis processing licenses, it is a violation to operate a facility that does not adhere to the separation requirements of Section R66-2-5.

(19) It is a violation to sell a cannabinoid product that has not been tested as required by Section R66-30-9.

(20) It is a violation to deny the department the ability to take a sample of a cannabinoid product during an inspection or as part of an investigation.

History

KEY: cannabidiol, hemp products, hemp extraction, hemp oil
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-103(4)

R66-31 Industrial Hemp Cannabinoid Product Testing

Utah Admin. Code R66-31-1 Authority and Purpose

Pursuant to Subsection 4-41-204(2), this rule establishes the standards for industrial hemp cannabinoid product potency testing and sets limits for foreign matter, microbial life, pesticides, residual solvents, heavy metals, and mycotoxins.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-2 Definitions

(1) "Analyte" means a substance or chemical component that is undergoing analysis.

(2) "Batch or lot" means a quantity of:

(a) cannabinoid concentrate produced on a particular date and time, following clean up until the next clean up during which the same lots of industrial hemp are used; or

(b) cannabinoid product produced on a particular date and time, following clean up until the next clean up during which industrial hemp concentrate is used.

(3) "Cannabinoid" means any:

(a) naturally occurring derivative of Cannabigerolic acid (CAS 25555-57-1); or

(b) any chemical compound that is both structurally and chemically similar to a derivative of Cannabigerolic acid.

(4) "Cannabinoid concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and

(b) any amount of a natural, derivative, or synthetic cannabinoid in the synthetic cannabinoid's purified state.

(5) "Certificate of analysis" (COA) means a document produced by a testing laboratory listing the results for which that testing was performed.

(6) "Final product" means a reasonably homogenous cannabinoid product in its final packaged form created using the same standard operating procedures and the same formulation.

(7) "Foreign matter" means:

(a) any matter that is present in a cannabis lot that is not a part of the cannabis plant; or

(b) any matter that is present in a cannabis or cannabinoid product that is not listed as an ingredient.

(8) "Pesticide" means any:

(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid in the application or effect of a pesticide.

(9) "THCA" means delta-9-tetrahydrocannabinolic acid (CAS 23978-85-0).

(10) "Unknown Cannabinoid" means any component of a cannabis plant product, cannabis concentrate, or cannabis product that a laboratory determines is likely to be a cannabinoid by comparison of physical properties, including molecular weight, retention time, and absorption spectra but is not delta-9-THC, THCA, or any of the cannabinoids listed in Subsection 4- 41-102(22)(b).

(11) "Unit" means each individual portion of an individually packaged product.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-3 Required Cannabinoid Product Tests

(1) A cannabinoid processor may not register or sell a cannabinoid product until a representative sample has been tested by:

(a) the department's analytical laboratory to determine the amount of any THC analogs present in the sample; and

(b) the department's analytical laboratory or a third party testing laboratory to determine the presence of adulterants in the sample.

(2) Each batch of cannabinoid product shall include a COA in accordance with this rule.

(3) If multiple laboratories perform the required tests, all laboratories shall test the same batch.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-4 Foreign Matter Standards

A sample and related batch of cannabinoid product fails quality assurance testing if:

(1) the sample contains foreign matter visible to the unaided human eye;

(3) foreign matter is found that is suspected to have been intentionally added to the sample to increase its visual appeal or market value.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-5 Potency Testing and Standards

(1) A batch of cannabinoid product shall have the following determined and listed on the COA:

(a) quantity of any cannabinoid it is known to contain, including any THC analog; and

(b) the cannabinoid profile by percentage of mass.

(2) Cannabinoid products may not exceed the cannabinoid product THC level.

(3) A lot or batch of cannabis plant product, cannabis concentrate, or cannabis product fails quality assurance testing for cannabinoid content if:

(a) any of the artificially derived cannabinoids listed in Table 1 are found to be present; or

(b) greater than 10% of the total cannabinoid peak area is comprised of unknown cannabinoids after peaks smaller than 1% of the total peak area have been excluded as determined by high-performance liquid chromatography with a diode array detector (HPLC-DAD); or

(4)(a) The department recognizes the following as newly identified cannabinoids:

(b) Cannabicitran (CBTC), CAS 31508-71-1.

TABLE 1

Artificially Derived Cannabinoids

Analyte

Chemical Abstract Service (CAS) Registry number

Hexahydrocannabinol (HHC)

36403-90-4, 36403-91-5

3-Heptyl-delta(1)-tetrahydrocannabinol (THCP)

54763-99-4, 51768-60-6

tetrahydrocannabinol acetate (THC-OAc)

23132-17-4, 23050-54-6

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-6 Microbial Standards

A sample and related batch of cannabinoid product fails quality assurance testing for microbiological contaminants if the results exceed the limits in Table 2.

TABLE 2

Microbial Limits by Material

Material

Analyte

Action Level

Cannabinoid Concentrate

Total Aerobic Microbial Count

≤ 100,000 cfu/g

Total Combined Yeast and Mold Count

≤ 1,000 cfu/g

STEC, Salmonella spp.,

Aspergillus fumigatus, Aspergillus flavus, Aspergillus niger, and Aspergillus terreus

Not detectable in 1g

Infused Edible Products

Total Aerobic Microbial Count

≤ 10,000 cfu/g

Total Combined Yeast and Mold Count

≤ 1,000 cfu/g

STEC, Salmonella spp.

Not detectable in 1 g

Infused Non- Edible Products

Total Aerobic Microbial Count

≤ 10,000 cfu/g

Total Combined Yeast and Mold Count

≤ 250 cfu/g

Pseudomonas aeruginosa, Staphylococcus aureus

Not detectable in 1g

Infused Suppository Products

Total Aerobic Microbial Count

≤ 10,000 cfu/g

Total Combined Yeast and Mold Count

≤ 1,000 cfu/g

STEC, Salmonella spp., Pseudomonas, Staphylococcus aureus

Not detectable in 1g

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-7 Pesticide Standards

(1) A sample and related batch of cannabinoid product fails quality assurance testing for pesticides if the results exceed the limits in Table 3.

TABLE 3

Pesticide Analytes and Action Levels

Analyte

CAS Registry Number

Action Level (ppm)

Abamectin

71751-41-2

0.5

Acephate

30560-19-1

0.4

Acequinocyl

57960-19-7

2.0

Acetamiprid

135410-20-7

0.2

Aldicarb

116-06-3

0.4

Azoxystrobin

131860-33-8

0.2

Bifenazate

149877-41-8

0.2

Bifenthrin

82657-04-3

0.2

Boscalid

188425-85-6

0.4

Carbaryl

63-25-2

0.2

Carbofuran

1563-66-2

0.2

Chlorantraniliprole

500008-45-7

0.2

Chlorfenapyr

122453-73-0

1.0

Chlorpyrifos

2921-88-2

0.2

Clofentezine

74115-24-5

0.2

Cyfluthrin

68359-37-5

1.0

Cypermethrin

52315-07-8

1.0

Daminozide

1596-84-5

1.0

DDVP (Dichlorvos)

62-73-7

0.1

Diazinon

333-41-5

0.2

Dimethoate

60-51-5

0.2

Ethoprophos

13194-48-4

0.2

Etofenprox

80844-07-1

0.4

Etoxazole

153233-91-1

0.2

Fenoxycarb

72490-01-8

0.2

Fenpyroximate

134098-61-6

0.4

Fipronil

120068-37-3

0.4

Flonicamid

158062-67-0

1.0

Fludioxonil

131341-86-1

0.4

Hexythiazox

78587-05-0

1.0

Imazalil

35554-44-0

0.2

Imidacloprid

138261-41-3

0.4

Kresoxim-methyl

143390-89-0

0.4

Malathion

143390-89-0

0.2

Metalaxyl

57837-19-1

0.2

Methiocarb

2032-65-7

0.2

Methomyl

16752-77-5

0.4

Methyl parathion

298-00-0

0.2

MGK-264

113-48-4

0.2

Myclobutanil

88671-89-0

0.2

Naled

300-76-5

0.5

Oxamyl

23135-22-0

1.0

Paclobutrazol

76738-62-0

0.4

Permethrins

52645-53-1

0.2

Phosmet

732-11-6

0.2

Piperonyl butoxide

51-03-6

2.0

Prallethrin

23031-36-9

0.2

Propiconazole

60207-90-1

0.4

Propoxur

114-26-1

0.2

Pyrethrins

8003-34-7

1.0

Pyridaben

96489-71-3

0.2

Spinosad

168316-95-8

0.2

Spiromesifen

283594-90-1

0.2

Spirotetramat

203313-25-1

0.2

Spiroxamine

118134-30-8

0.4

Tebuconazole

80443-41-0

0.4

Thiacloprid

111988-49-9

0.2

Thiamethoxam

153719-23-4

0.2

Trifloxystrobin

141517-21-7

0.2

(2) Permethrins should be measured as cumulative residue of cis- and trans-permethrin isomers (CAS numbers 54774- 45-7 and 51877-74-8).

(3) Pyrethrins should be measured as the cumulative residues of pyrethrin I (CAS 121-21-1), pyrethrin II (CAS 121- 29-9), cinerin 1 (CAS 25402-06-6), and jasmolin 1 (CAS 4466-14-2).

(4) Abamectin is a composite of the amounts of avermectin B1a and avermectin B1b.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-8 Residual Solvent Standards

(1) A sample and related batch of cannabinoid product fails quality assurance testing for residual solvents if the results exceed the limits provided in Table 4 unless the solvent is:

(a) a component of the product formulation;

(b) listed as an ingredient; and

TABLE 4

List of Solvents and Action Levels

Solvent

CAS Registry Number

Action Level (ppm)

1,2 Dimethoxyethane

110-71-4

100

1,4 Dioxane

123-9

380

1-Butanol

71-36-3

5,000

1-Pentanol

71-41-0

5,000

1-Propanol

71-23-8

5,000

2-Butanol

78-92-2

5,000

2-Butanone

78-93-3

5,000

2-Ethoxyethanol

110-80-5

160

2-methylbutane

78-78-4

5,000

2-Propanol (IPA)

67-63-0

5,000

Acetone

67-64-1

5,000

Acetonitrile

75-05-8

410

Benzene

71-43-2

Butane

106-97-8

5,000

Cumene

98-82-8

Cyclohexane

110-82-7

3,880

Dichloromethane

75-09-2

600

2,2-dimethylbutane

75-83-2

290

2,3-dimethylbutane

79-29-8

290

1,2-dimethylbenzene

95-47-6

See Xylenes

1,3-dimethylbenzene

108-38-3

See Xylenes

1,4-dimethylbenzene

106-42-3

See Xylenes

Dimethyl sulfoxide

67-68-5

5,000

Ethanol

64-17-5

5,000

Ethyl acetate

141-78-6

5,000

Ethylbenzene

100-41-4

See Xylenes

Ethyl ether

60-29-7

5,000

Ethylene glycol

107-21-1

620

Ethylene Oxide

75-21-8

Heptane

142-82-5

5,000

n-Hexane

110-54-3

290

Isopropyl acetate

290

5,000

Methanol

67-56-1

3,000

Methylpropane

75-28-5

5,000

2-Methylpentane

107-83-5

290

3-Methylpentane

96-14-0

290

N,N-dimethylacetamide

127-19-5

1,090

N,N-dimethylformamide

68-12-2

880

Pentane

109-66-0

5,000

Propane

74-98-6

5,000

Pyridine

110-86-1

100

Sulfolane

126-33-0

160

Tetrahydrofuran

109-99-9

720

Toluene

108-88-3

890

Xylenes

1330-20-7

2,170

(2) Xylenes is a combination of the following:

(a) 1,2-dimethylbenzene;

(b) 1,3-dimethylbenzene;

(d) ethyl benzene.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-9 Heavy Metal Standards

A sample and related batch of cannabinoid product fails quality assurance testing for heavy metals if the results exceed the limits provided in:

(1) Table 5, for natural health products intended for human consumption; or

(2) Table 6 for animal products.

TABLE 5

Heavy Metals Limits: Natural Health Products, Human Consumable

Metals

Limits (ppm)

Arsenic

< 2.0

Cadmium

< 0.82

Lead

< 1.2

Mercury

< 0.4

TABLE 6

Heavy Metals Limits: Animal Products, Maximum Tolerable Levels

Metals

Limits (ppm)

Arsenic

< 30.0

Cadmium

< 0.5

Lead

< 10.0

Mercury

< 0.2

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-10 Mycotoxin Standards

A sample and related batch of cannabinoid product fails quality assurance testing for mycotoxin if the results exceed the limits provided in Table 6.

TABLE 7

Mycotoxin Limits

Analyte

Action Level (ppb)

Total Aflatoxins: B1; B2; G1; and G2

< 20

Ochratoxin A

< 20

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

Utah Admin. Code R66-31-11 Prohibited Additives

A cannabinoid processor may not include Vitamin E Acetate in any inhalable cannabinoid product.

History

KEY: industrial hemp, cannabinoid, testing
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-204(2)

R66-33 Industrial Hemp Producer Registration

Utah Admin. Code R66-33-1 Authority and Purpose

Pursuant to Section 4-41-103.1 and Subsection 4-2-103(1)(i), this rule establishes the requirements for a person seeking an industrial hemp producer registration.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-2 Definitions

For the purposes of this rule:

(1) "Handle" or "Handling" means possessing, transporting, or storing industrial hemp for any period.

(2) "Premises" means a place where an industrial hemp fiber product or hemp grain product is manufactured or produced.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-3 Industrial Hemp Producer Registration

(1) A person seeking to register as an industrial hemp producer shall submit a complete application to the department.

(2) A person shall obtain a registration for each individual manufacturing location or storage location where industrial hemp is handled.

(3) The department may deny a registration for an incomplete application.

(4) An applicant shall submit an annual renewal registration on or before December 31 to renew a registration for a period not exceeding one year.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-4 Inspection and Testing

(1) The department shall have unrestricted access to randomly inspect an industrial hemp producer registrant to ensure industrial hemp received and stored in Utah is in compliance with this rule and Title 4, Chapter 41, Hemp and Cannabinoid Act.

(2) The department may sample, analyze, and test industrial hemp and industrial hemp products distributed within the state for compliance.

(3) The department may inspect industrial hemp and industrial hemp products distributed or available for distribution for any other reason the department deems necessary.

(4) The sample taken by the department shall be the official sample.

(5) Pursuant to Section 4-1-105, the department may take samples at no charge to the department.

(6) The department may, upon request, inspect a registrant's records of receipt, inventory, and industrial hemp certification.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-5 Industrial Hemp Producer Registrant Responsibilities

A registrant shall:

(1) ensure that the cannabis plant product received is certified industrial hemp;

(2) ensure that an industrial hemp product comes from a licensed source;

(3) maintain records of receipt and distribution; and

(4) ensure that each production location is registered.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-6 Industrial Hemp Producer Registration Restrictions

(1) A registrant may not process or store industrial hemp material in any structure that is used for residential purposes.

(2) A registrant may not process or handle industrial hemp or industrial hemp material from any person who is not licensed by the department or the United States Department of Agriculture (USDA) or from a person outside the state who is not authorized by the laws of that state.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

Utah Admin. Code R66-33-7 Violation

(1) It is a violation to manufacture or produce industrial hemp products without a registration.

(2) It is a violation to handle or store cannabis above 0 .3% THC.

(3) It is a violation to distribute or market an industrial hemp product containing a cannabinoid without the required license.

(4) It is a violation to refuse inspection of an industrial hemp producer manufacturing establishment or a storage area.

(5) It is a violation to not keep records in accordance with Section R66-33-5.

(6) It is a violation for an industrial hemp producer registrant to sell viable industrial hemp seed.

History

KEY: industrial hemp, hemp fiber, hemp grain, production, registration
Date of Last Change: June 19, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.1

R66-34 Industrial Hemp Retailer Permit

Utah Admin. Code R66-34-1 Authority and Purpose

Pursuant to Section 4-41-103.1 and Subsection 4-2-103(1)(i), this rule establishes the requirements for a person seeking an industrial hemp retailer permit.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-2 Definitions

(1) "Conventional Food" means:

(a) an article used for food or drink for human consumption or the components of the article; or

(b) chewing gum or chewing gum components.

(2) "Viable seeds" means seed that has a germination rate of greater than 0.0%.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-3 Industrial Hemp Retailer Permit

(1) A person who sells, offers for sale, exposes for sale, or markets a cannabinoid product shall obtain a permit before offering the cannabinoid product for sale in Utah.

(2) To obtain an industrial hemp retailer permit, an applicant shall:

(a) obtain a specialized product retailer license under Title 4, Chapter 45a, Specialized Product Regulation;

(b) submit a complete application to the department;

(d) pay the nonrefundable permit fee established in the fee schedule approved by the Legislature, with the application; and

(e) provide a copy of the retailer's Cannabinoid Tax License from the Utah Tax Commission.

(3) The department may deny a permit for an incomplete application.

(4) A permittee may renew their permit by submitting a complete application and annual renewal fee on or before December 31 of each year.

(5) The department shall assess a late fee for any renewal fee submitted on or after January 1, and the permittee shall pay the late fee before the department issues the renewal.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-4 Inspection and Testing

(1) The department may randomly inspect a retailer permittee to ensure cannabinoid products distributed, or available for distribution in Utah comply with statute, this rule, and Rule R66-35.

(2) The department shall periodically sample, analyze, and test cannabinoid product distributed within the state for compliance with registration and labeling requirements, and the certificate of analysis, if applicable.

(3) The department may inspect cannabinoid product distributed or available for distribution for any other reason the department deems necessary.

(4) The department may, upon request, inspect a retailer permittee's records of receipt, inventory, and invoices to ensure cannabinoid product distributed or available for distribution in Utah is following this rule and Rule R66-35.

(5) The sample taken by the department shall be the official sample.

(6) Pursuant to Section 4-1-105, the department may take samples at no charge to the department.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-5 Retailer Permittee Responsibilities

(1) A retailer shall provide the identity of the manufacturer or distributor of a cannabinoid product sold upon request of the department.

(2) A retailer may register the product in lieu of the manufacturer if the manufacturer has not registered the product.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-6 Viable Industrial Hemp Seed

(1) A person who sells or markets viable industrial hemp seeds in the state may only sell viable seed to an industrial hemp producer licensed by the United States Department of Agriculture (USDA).

(2) An industrial hemp retailer that sells or distributes viable industrial hemp seed shall:

(a) keep a record of each viable industrial hemp seed sale; and

(b) submit the sales record to the department through the department's website on the day of each sale, including the following information:

(i) the company name of the industrial hemp retailer;

(ii) the store or location name of the industrial hemp retailer making the sale;

(iii) the complete industrial hemp retailer permit number;

(iv) the first and last name of the individual who made the sale;

(v) the complete date of the sale, including the month, day, and year;

(vi) the brand name of the seeds and the quantity sold;

(vii) the first and last name of the individual who made the purchase;

(viii) the complete license number of the licensed hemp producer or grower who made the purchase; and

(ix) the complete address and contact information of the individual who made the purchase, including street name and house number, city, state, zip code, phone number, and email address.

(3) An industrial hemp retailer shall maintain records for two years from the date of the hemp seed sale and make them available for inspection by the department.

(4) An industrial hemp retailer shall provide the department with a copy of any sales records within two business days of receiving a department request.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-7 Temporary Retail Location

An industrial hemp retailer may sell cannabinoid products at a temporary location, if they:

(1) provide a complete application for an industrial hemp retailer permit to the department that includes the dates and location;

(2) pay the retailer permit fee;

(3) provides proof that they hold a Cannabinoid Tax License from the Utah Tax State Commission; and

(4) the department approves of the temporary location.

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

Utah Admin. Code R66-34-8 Violation

(1) A cannabinoid product shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label.

(2) It is a violation to:

(a) market or sell cannabinoid product in Utah without an industrial hemp retail permit;

(b) refuse inspection of a retail establishment, product for sale, or a product storage area; or

History

KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3

R66-35 Cannabinoid Product Registration and Labeling

Utah Admin. Code R66-35-1 Authority and Purpose

Pursuant to Subsection 4-41-403(1), this rule establishes the requirements for labeling and registration of cannabinoid products made from and containing industrial hemp.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-2 Definitions

(1) "Advertised Cannabinoid" means a cannabinoid listed on the product or label.

(2) "Batch or lot" means a quantity of cannabinoid product produced on a particular date and time, following clean up until the next clean up during which industrial hemp concentrate is used.

(3) "Certificate of Analysis" (COA) means a document produced by a testing laboratory listing the quantities of the various analytes for which testing was performed.

(4) "Conventional Food" means:

(a) an article used for food or drink for human consumption or the components of the article; or

(b) chewing gum or chewing gum components.

(5) "Industrial Hemp" means any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by weight.

(6) "Label" means the display of each written, printed, or graphic matter upon the immediate container or statement accompanying a cannabinoid product.

(7) "Third-party laboratory" means a laboratory with no direct interest in a grower or processor of industrial hemp or cannabinoid products that is capable of performing mandated testing utilizing validated methods.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-3 Product Registration

(1) To register a cannabinoid product, a registrant shall submit an application to the department that includes the following information:

(a) a complete copy of the label as it will appear on the product in a legible format;

(b) a COA from the department's analytical laboratory for the amount of any THC analogs present in the sample; and

(c) a COA from the department's analytical laboratory or a third party testing laboratory for adulterants presence as required in this rule.

(2) The department may deny registration for an incomplete application.

(3) The department requires a new registration for any of the following changes:

(a) in the cannabinoid product ingredients;

(b) to the directions for use; and

(4) Other changes may not require a new registration, but the registrant shall submit copies of each label change to the department as soon as they are effective.

(5) The registrant is responsible for the accuracy and completeness of information submitted.

(6) The department may not register a cannabinoid product if the product:

(a) uses the cannabinoid as a food additive; or

(b) is represented for use as a conventional food, except for:

(i) a gummy shaped as a gelatinous cube, gelatinous rectangular cuboid, or another basic geometric shape that does not appeal to children, such as a star shape, fruit, or animal shape; or

(ii) a liquid suspension under two ounces.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-4 Certificate of Analysis (COA)

(1) Conduct testing on the product in its final form within 12 months of registration for:

(a) the cannabinoid profile by percentage of mass, performed by the department's analytical laboratory;

(b) solvents;

(d) microbials;

(e) heavy metals; and

(f) mycotoxins.

(2) Report test results required in Subsection R66-35-4(1) in accordance with Rule R66-31, including the specified units of measure.

(3) The COA shall include the following information:

(a) the batch identification number;

(b) the date the laboratory received the sample;

(d) the method of analysis for each test conducted; and

(e) proof that the COA connects to the product.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-5 Label Requirements

(1) A cannabinoid product label shall legibly display the following information:

(a) product name or common name, on the front of the label;

(b) brand name, on the front of the label;

(d) the suggested use of the product, including serving size if the product is intended for consumption;

(e) list of ingredients, including:

(i) the amount of any advertised cannabinoid listed as present on the COA; and

(ii) the amount of any THC or any THC analog listed as present on the COA;

(f) manufacturer, packer, or distributor name and address, as verified through the application; and

(g) batch number.

(2) The label of each product intended for human consumption shall include the following text, prominently displayed: "This product has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." or a similar statement.

(3) In addition to the requirements of Subsections R66-35-5(1) through R66-35-5(5), a cannabinoid product label shall include a scannable barcode, QR code, or web address with an easily located COA for the batch identified, containing the information required in Section R66-35-4.

(4) Cannabinoid product labeling may not:

(a) have any likeness bearing resemblance to a cartoon character or fictional character; or

(b) appear to imitate a food or other product that is typically marketed toward or appealing to children.

(5) A cannabinoid product is misbranded if its label is false or misleading in any way.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-6 Inspection and Testing

(1) The department may randomly inspect cannabinoid products distributed or available for distribution in the state for compliance with this rule.

(2) The department shall periodically sample, analyze, and test cannabinoid products distributed within the state for compliance with registration and labeling requirements and the COA.

(3) The department may inspect cannabinoid products distributed or available for distribution for any reason the department deems necessary.

(4) The sample the department takes shall be the official sample.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

Utah Admin. Code R66-35-7 Violation

(1) Each improperly labeled cannabinoid product shall be a separate violation of this rule.

(2) Cannabinoid products not meeting the labeling requirements shall be considered misbranded.

(3) It is a violation to knowingly submit false or misleading information in an application, registration, or other required document submitted to the department.

(4) It is a violation to distribute or market a cannabinoid product that has not been tested as required by Rule R66-31.

(5) It is a violation to market a cannabinoid product as cannabis or medical cannabis.

(6) It is a violation to submit a fraudulent COA to the department to:

(a) the department;

(b) a retailer; or

(7) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(8) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: CBD labeling, CBD products, cannabinoid product registration; cannabinoid product labeling; cannabinoid testing, cannabinoid COA; violations
Date of Last Change: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 4-41-403(1); 4-41-402(2); 4-41-103(4)

R66-36 Transportable Industrial Hemp Concentrate

Utah Admin. Code R66-36-1 Authority and Purpose

Pursuant to Subsection 4-41-103.1(1), this rule establishes the procedures governing transportable industrial hemp concentrate by cannabinoid processing facilities, including procedures for approval, transportation, recordkeeping, testing, and inspections.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-2 Definitions

For the purposes of this rule:

(1) " Shipment " means a quantity of transportable industrial hemp concentrate consisting of the same cannabinoid profile shipped on the same day to the same location.

(2) "Cannabinoid" means any:

(a) naturally occurring derivative of cannabigerolic acid (CAS 25555-57-1); or

(b) any chemical compound that is both structurally and chemically similar to a derivative of cannabigerolic acid.

(3) "Cannabinoid processing facility" means a person licensed by the department as a tier 1 processing facility that:

(a) acquires or intends to acquire transportable industrial hemp concentrate from an cannabinoid processing facility; and

(b) sells or intends to sell transportable industrial hemp concentrate to a tier 1 processing facility.

(4) "Certificate of analysis" (COA) means a document produced by a testing laboratory listing the quantities of the various analytes for which testing was performed.

(5) "Industrial Hemp Processor" means:

(a) a cannabinoid processing facility that has been licensed by the department; or

(b) the equivalent of a cannabinoid processing facility registered in another state.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-3 Transport of Transportable Industrial Hemp Concentrate - Requirements

Transportable industrial hemp concentrate may only be transferred by an industrial hemp processor to a cannabinoid processing facility if:

(1) the transportable industrial hemp concentrate is derived from industrial hemp biomass that has been certified as industrial hemp by a state department of agriculture or the U.S. Department of Agriculture; and

(2) the industrial hemp processor has records to substantiate the certification.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-4 Transport of Industrial Hemp - Notification and Approval

(1) Within ten days before the transport of transportable industrial hemp concentrate by an industrial hemp processor to a cannabinoid processing facility, the cannabinoid processing facility shall:

(a) notify the department of the potential transport on a form provided by the department;

(b) provide the department with a COA showing that the biomass from which the transportable industrial hemp concentrate was derived is certified industrial hemp by a state department of agriculture or the U.S. Department of Agriculture; and

(c) provide the department with a COA of test results showing that a representative sample of the transportable industrial hemp concentrate has been tested for cannabinoids.

(2) The department may approve the transport following review of the records of the industrial hemp processor to ensure compliance with this rule.

(3) Upon approval of the transport, the department will issue a certificate to the industrial hemp processor allowing the transport to proceed.

(4) No transportable industrial hemp concentrate may be transferred to a cannabinoid processing facility unless the cannabinoid processing facility has a license in good standing with the department.

(5) The department may not approve the transport of transportable industrial hemp concentrate with a THC concentration greater than 20%.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-5 Transportation

(1) Transportable industrial hemp concentrate shall be tested for cannabinoids and be accompanied by the COA.

(2) A printed certificate of transport shall accompany every transport of transportable industrial hemp concentrate.

(3) The certificate of transport may not be voided or changed after departing from the original industrial hemp processor.

(4) The receiving cannabinoid processing facility shall ensure they are given a copy of the certificate of transport.

(5) The receiving cannabinoid processing facility shall ensure that the transportable industrial hemp concentrate received is as described in the certificate of transport and shall record the amounts received.

(6) The receiving cannabinoid processing facility shall document any differences between the quantity specified in the certificate of transport and the quantities received.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-6 Recordkeeping Requirements

(1) Following the purchase of transportable industrial hemp concentrate from an industrial hemp processor a cannabinoid processing facility shall ensure that each shipment is identified as transportable industrial hemp concentrate and identification is maintained.

(2) A cannabinoid processing facility shall maintain a record of each purchase of transportable industrial hemp concentrate, including:

(a) a copy of the certification that the transportable industrial hemp concentrate is derived from certified industrial hemp;

(b) the certificate of transport;

(d) the disposition of the transportable industrial hemp concentrate.

(3) A cannabinoid processing facility shall make each record available for inspection by the department and kept for a minimum of three years after the final disposition of the transportable industrial hemp concentrate.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-7 Testing Requirements

(1) Transportable industrial hemp concentrate purchased by a cannabinoid processing facility shall be tested by the department's analytical laboratory for a cannabinoid profile within five days of the cannabis processing facility's receipt of the transportable industrial hemp concentrate.

(2) The facility shall document testing on a COA and keep a record of the testing for three years after the final disposition of the transportable industrial hemp concentrate.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-8 Inspection and Destruction

(1) The department has the right to conduct a random inspection of each industrial hemp processor and cannabinoid processing facility that are subject to this rule, including an audit of the following to ensure compliance with Utah state law:

(a) the records of an industrial hemp processor that has transferred transportable industrial hemp concentrate; and

(b) the records of a cannabinoid processing facility that has received transportable industrial hemp concentrate.

(2) Inspection may take place at any time during normal business hours.

(3) Transportable industrial hemp concentrate that is identified as out of compliance may be subject to destruction by the department.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

Utah Admin. Code R66-36-9 Violations

(1) Violations of this rule include:

(a) transport or transfer of transportable industrial hemp concentrate without notifying the department;

(b) transport of cannabinoid concentrate with a THC level greater than 20%;

(c) a cannabinoid processing facility allowing transportable industrial hemp concentrate into the facility without proper records;

(d) a cannabinoid processing facility allowing transportable industrial hemp concentrate into the facility without testing;

(e) a facility not keeping and maintaining each record required by this rule;

(f) a facility falsifying a record required to be kept under this rule;

(g) a facility denying the department access to the records; and

(h) transporting transportable industrial hemp concentrate to a cannabinoid processing facility without a certificate of transport.

(2) The department shall assess fines of:

(a) $3,000 - $5,000 for public safety violations;

(b) $1,000 - $5,000 for regulatory violations; and

(3) The department shall calculate fines based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(4) The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: cannabinoid product, industrial hemp, transportable industrial hemp concentrate
Date of Last Change: September 22, 2025
Authorizing, and Implemented or Interpreted Law: 4-41-103.1

R66-50 Kratom Retail Permit

Utah Admin. Code R66-50-1 Authority and Purpose

Pursuant to Section 4-45-107, this rule establishes the requirements for a person seeking a kratom retailer permit.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-50-2 Definitions

(1) "End Consumer" means an individual who does not resell the purchased kratom product.

(2) "Kratom Retailer Permit" means a permit that the department issues to a retailer who sells or markets any kratom product.

(3) "License" means the Specialized Product Retailer License required under Section 4-45a-102.

(4) "Person" means an individual, partnership, association, firm, trust, limited liability company, or corporation, or any employees of such.

(5) "Premises" means a place where a kratom product is sold, offered for sale, exposed for sale, stored, or marketed.

(6) "Retail Tobacco Specialty Business" means the same as defined in Sections 10-8-41.6 and 17-50-333.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-50-3 Kratom Retailer Permit

(1) A kratom retailer permit shall be obtained before a kratom product is offered for sale in Utah.

(2) A person seeking a kratom retailer permit shall register as a Retail Tobacco Specialty Business and obtain a specialized product retailer license as required in Chapter 4-45a, Specialized Product Regulation.

(3) A person seeking a kratom retailer permit shall provide the following to the department for each individual store or retail establishment location where kratom products are sold:

(a) the name of the person who sells, offers for sale, or markets a kratom product;

(b) the address where the kratom product is sold, offered for sale, or marketed; and

(c) written consent allowing a representative of the department to enter any premises where the person is selling or storing a kratom product.

(4) An applicant shall pay a non-refundable permit fee, as set in the fee schedule approved by the Legislature, to the department with the submission of the application.

(5) The department may deny a permit for an incomplete application.

(6) A permit is renewable for up to a one-year period with an annual renewal fee that a permitee shall pay on or before December 31st of each year.

(7) The department shall assess a late fee for a renewal of a kratom retailer permit submitted on or after January 1, and a permitee shall pay before the renewal is issued.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-50-4 Inspection and Testing

(1) The department may randomly inspect a permittee to ensure that kratom products distributed or available for distribution in Utah comply with this rule and Rule R66-51.

(2) The department shall periodically sample, analyze, and test kratom products distributed within the state for compliance with registration and labeling requirements and the certificate of analysis.

(a) Each department sample shall include at least ten grams of kratom product.

(b) The department may test kratom products for adulterants, as defined in Section R66-52-2.

(3) The department may inspect kratom products distributed or available for distribution for any other reason the department deems necessary.

(4) The department may, upon request, inspect a retailer permittee's records of receipt, inventory, and invoices to ensure that kratom products distributed or available for distribution in Utah are following Title 4, Chapter 45, Kratom Regulation Act, this rule, and Rule R66-51.

(5) The sample taken by the department shall be the official sample.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-50-5 Retailer Permittee Responsibilities

(1) A retailer shall ensure that any advertisement for a kratom product sold or marketed in Utah does not appeal to children.

(2) A retailer shall provide the identity of the manufacturer or distributor of a kratom product sold upon request of the department.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-50-6 Violation

(1) Each unregistered product shall be a separate violation of this rule.

(2) An advertisement shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label.

(3) It is a violation to market or sell kratom products in Utah without a valid retailer permit pursuant to this rule.

(4) It is a violation to refuse inspection of a retail establishment, product for sale, or a product storage area.

(5) It is a violation to sell kratom products that have any likeness bearing resemblance to a cartoon character or fictional character.

(6) It is a violation to sell kratom products that appear to imitate a food or other product that is typically marketed toward or appealing to children.

(7) It is a violation to prepare, distribute, sell, or offer for sale a kratom product that would be potentially harmful to consumers.

History

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

R66-51 Kratom Product Registration and Labeling

Utah Admin. Code R66-51-1 Authority and Purpose

Pursuant to Section 4-45-107, this rule establishes the requirements for labeling and registration of kratom products.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-2 Definitions

(1) "7-OH" means 7-hydroxymitragynine (CAS 174418-82-7).

(2) "Batch or lot" means a uniquely processed quantity identified by a specific date and the timeframe between two consecutive cleanups.

(3) "Certificate of Analysis" (COA) means a document produced by a testing laboratory listing the quantities of the various analytes for which testing was performed.

(4) "Finished product" means a reasonably homogenous kratom product in its final packaged form.

(5) "Label" means the display of any written, printed, or graphic matter upon the immediate container of a kratom product or a statement by or under the control of the kratom processor which is directly related to the kratom product bearing the label.

(6) "Registrant" means a person who assumes responsibility for the compliance of the product registration.

(7) "Serving Size" means a discrete unit of product, measured as an integer.

(8) "Third-party Laboratory" means a laboratory that has no direct interest in a processor of kratom products that can perform mandated testing utilizing validated methods.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-3 Product Registration

(1) The department shall require a separate registration fee for each kratom product unless:

(a) the label is identical;

(b) the product delivery form is identical; and

(2) A single registration may include products that contain the same kratom ingredients in the same product delivery form but in a different container or volume.

(3) To register a product, a registrant shall:

(a) apply on a form provided by the department; and

(b)(i) include a Certificate of Analysis (COA) for the kratom product from a third-party laboratory, based on tests performed within the previous six months.

(ii) The third-party laboratory shall have International Organization for Standardization (ISO) 17025:2017 accreditation from an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.

(iii) A third-party laboratory may test a kratom product before obtaining ISO/IEC 17025:2017 accreditation, provided the third-party laboratory:

(A) adopts and follows minimum good laboratory practices which satisfy the OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organization for Economic Co-operation and Development; and

(B) is currently in the process of becoming ISO/IEC 17025:2017 accredited by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.

(4) A non-refundable registration fee, as outlined in the fee schedule approved by the Legislature, shall be paid to the department with the submission of a registration application.

(5) The department shall deny or withdraw registration if:

(a) the kratom product violates Title 4, Chapter 45, Kratom Regulation Act;

(b) there is any reasonable basis to suspect that the kratom product is unsafe or that ingredients violate state law;

(d) the product contains an adulterant as defined in Section R66-52-2.

(6) The department requires a new registration application for a change in the following:

(a) kratom product ingredients or processes that materially alters the product;

(b) the recommended usage; or

(7) Other changes may not require a new registration, but the registrant shall submit copies of each label change to the department as soon as they are effective.

(8) The registrant is responsible for the accuracy and completeness of information submitted.

(9) Kratom product registrations shall expire on June 30 of each year, and the department may not prorate these registrations.

(10) The department shall deny product registration if products violate Title 4, Chapter 45, Kratom Regulation Act.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-4 Product Renewal

(1)(a) Beginning on May 1 of each year, a registrant shall renew a product registration by submitting payment of an annual renewal fee per kratom product on or before June 30.

(b) The department shall assess a late fee for a renewal of a kratom product registration submitted on or after July 1 and may not issue a renewal until paid.

(2) A kratom product that has been discontinued shall continue to be registered in the state until the product is no longer available for distribution.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-5 Certificate of Analysis

(1) Testing shall be performed on finished products identified with a lot or batch number.

(2) At a minimum, the COA for each batch of kratom product in its final form shall include the following test results:

(a) the contents of mitragynine and 7-hydroxymitragynine in the kratom product certifying compliance with this rule;

(b) microbials;

(d) pesticides; and

(e) mycotoxins if requested by the department.

(3) The test results required in Section R66-51-5 shall be reported in accordance with the requirements for a kratom product in Rule R66-52, including the specified units of measure.

(4) The COA shall also include the following information:

(a) the lot or batch identification number of the tested product;

(b) the date received;

(d) the method of analysis for each test conducted;

(e) proof that the certificate of analysis is connected to the product documented by:

(i) a photo of the kratom product that was tested; or

(ii) as determined by the department;

(f) the name of the kratom processor that manufactured the product; and

(g) the name and address of the laboratory that completed the testing.

(5) The lot or batch number on the certificate of analysis shall match the lot or batch number on the kratom product.

(6) An adverse or non-compliant test result shall be cause for denial of registration.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-6 Label Requirements

(1) The label of a kratom product shall satisfy the requirements of Subsection 4-45-104(1)(b) and contain the following information, legibly displayed:

(a) product name or common name, on the front of the label;

(b) the suggested use of the product, including serving size and recommended daily intake;

(d) identification of each kratom product by a unique batch or lot number, specifically linking each kratom product to a specific batch or lot manufactured by the kratom processor;

(e) manufacturer, packer, or distributor name and address; and

(f) the following statements:

(i) "this product has not been evaluated by a governmental entity" or an equivalent statement; and

(ii) "this product is not intended to diagnose, treat, cure, or prevent any disease" or an equivalent statement.

(2) If there is not sufficient room on the kratom product label, the kratom product may include a scannable bar code, QR code, or web address linked to a document containing any additional required information.

(3) A kratom product label may not:

(a) have any likeness bearing resemblance to a cartoon character or fictional character;

(b) appear to imitate a food or other product that is typically marketed toward, or that is appealing to children; or

(4) A registrant misbrands a kratom product if:

(a) its label is false or misleading in any way; or

(b) it fails to conform to any requirement specified in this section.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-7 Product Appearance and Flavor

(1) A kratom processor may not produce or package a kratom product that is designed to mimic a candy product.

(2) A kratom processor may not shape a kratom product in any way that appeals to children.

(3) A kratom product shall be packaged in child-resistant packaging.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-8 Inspection and Testing

(1) The department shall conduct a randomized inspection of kratom products distributed or available for distribution in the state for compliance with this rule.

(2) The department shall periodically sample, analyze, and test a kratom product distributed within the state for compliance with registration and labeling requirements and the certificate of analysis.

(a) Each department sample shall include at least ten grams of kratom product.

(b) The department may test a kratom product for any substance the department deems necessary.

(c) A kratom product that is found to contain a prohibited substance shall be considered adulterated in violation of this rule.

(3) The department may conduct an inspection of kratom products distributed or available for distribution for any reason the department deems necessary.

(4) The sample taken by the department shall be the official sample.

(5) Upon request, a kratom processor shall provide documentation certifying that any batch of kratom raw materials acquired pursuant to a compliant specification purchase that is used to process or manufacture a kratom product is compliant with Section R66-51-5.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-51-9 Violation

(1) Each improperly labeled kratom product shall be a separate violation of this rule.

(2) Kratom products not meeting the labeling requirements shall be considered misbranded.

(3) Kratom products shall be considered falsely advertised if they do not meet the labeling requirements of this rule.

(4) It is a violation to distribute or market a kratom product that is not registered with the department.

(5) It is a violation to distribute or market a kratom product that contains 7-OH at greater than .4% of the alkaloid composition.

(6) It is a violation to distribute or market a kratom product that has not been tested as required by Rule R66-52.

(7) It is a violation to distribute or market a kratom product that is marketed toward or is appealing to children.

(8) It is a violation to submit a fraudulent COA to the department.

History

KEY: kratom, kratom processor, product registration, labeling
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

R66-52 Kratom Product Testing

Utah Admin. Code R66-52-1 Authority and Purpose

Pursuant to Section 4-45-107, this rule establishes the standards for kratom product potency testing and sets limits for foreign matter, microbial life, pesticides, heavy metals, and mycotoxins.

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-2 Definitions

(1) "7-OH level" means the concentration of 7-OH divided by the combined concentration of total kratom alkaloids.

(2) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to health, including:

(a) pesticides;

(b) heavy metals;

(d) mycotoxins; or

(e) foreign matter.

(3) "Alkaloid" means any class of nitrogenous organic compounds of plant origin which have pronounced physiological actions on humans.

(4) "Analyte" means a substance or chemical component undergoing analysis.

(5) "Certificate of Analysis (COA)" means a certificate from a laboratory describing the results of the laboratory's analytical testing of a sample.

(6) "Foreign matter" means any matter that is present in a kratom:

(a) lot that is not a part of the kratom plant; or

(b) product that is not listed as an ingredient.

(8) "Pesticide" means any:

(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-3 Required Kratom Product Tests

(1) Testing shall be performed on finished products identified with a lot or batch number.

(2) A kratom processor may not register or sell a kratom product unless a third-party ISO/IEC 17025:2017 accredited testing laboratory has tested a representative sample of the kratom product to determine:

(a) the amount of any alkaloids present in the sample; and

(b) the presence of adulterants in the sample.

(3) Each batch or lot of kratom product shall include a COA, in accordance with Section R66-51-5.

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-4 Foreign Matter Standards

A sample and related batch of kratom product fail quality assurance testing if:

(1) the sample contains foreign matter visible to the unaided human eye;

(3) foreign matter is found that is suspected to have been intentionally added to the sample to increase its visual appeal or market value.

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-5 Potency Testing and Standards

(1) At a minimum, the COA for each batch of kratom product shall include the following test results, when applicable:

(a) the level of mitragynine and 7-hydroxymitragynine in the kratom product certifying compliance with this rule and Title 4, Chapter 45, Kratom Regulation Act;

(i) the department may require testing of alkaloid content of a kratom product by the department lab for verification, at the cost of the registrant.

(b) the level of microbials in the kratom product that does not exceed the amounts listed in Table 1 when one gram or greater sample is tested;

(d) the levels of pesticides in the kratom product do not exceed the amounts listed in Table 3; and

(e) if required by the department, mycotoxin levels that are compliant with Table 4 listed in Section R66-52-9.

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-6 Microbial Standards

A sample and related batch of kratom product fail quality assurance testing for microbiological contaminants if the results exceed the limits in Table 1.

TABLE 1

Kratom

Microbial

Microbial Limit Requirement

Total Aerobic Microbial Count

NMT ≤100,000 cfu/g

Total Combined Yeast and Mold

NMT ≤100,000 cfu/g

Salmonella spp.,

Shiga-toxin producing E. coli (STEC),

Aspergillus fumigatus ,

Aspergillus flavus ,

Aspergillus niger , and

Aspergillus terreus

Not detected in 25g

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-7 Heavy Metal Standards

A sample and related batch of kratom product fail quality assurance testing for heavy metals if the results exceed the limits in Table 2.

TABLE 2

Heavy Metals

Metals

Natural Health Products Acceptable Limits

Arsenic

<2 ppm

Cadmium

<0.82 ppm

Lead

<1.2 ppm

Mercury

<0.4 ppm

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-8 Pesticide Standards

(1) A sample and related batch of kratom product fail quality assurance testing for pesticides if the results exceed the limits in Table 3.

TABLE 3

Kratom Plant Matter

Pesticide Analytes and Action Levels

Analyte

Chemical Abstract Service

Action Level

(CAS) Registry number

ppm

Abamectin

71751-41-2

0.5

Acephate

30560-19-1

0.4

Acequinocyl

57960-19-7

Acetamiprid

135410-20-7

0.2

Aldicarb

0116-06-03

0.4

Azoxystrobin

131860-33-8

0.2

Bifenazate

149877-41-8

0.2

Bifenthrin

82657-04-03

0.2

Boscalid

188425-85-6

0.4

Carbaryl

63-25-2

0.2

Carbofuran

1563-66-2

0.2

Chlorantraniliprole

500008-45-7

0.2

Chlorfenapyr

122453-73-0

Chlorpyrifos

2921-88-2

0.2

Clofentezine

74115-24-5

0.2

Cyfluthrin

68359-37-5

Cypermethrin

52315-07-08

Daminozide

1596-84-5

DDVP (Dichlorvos)

62-73-7

0.1

Diazinon

333-41-5

0.2

Dimethoate

60-51-5

0.2

Ethoprophos

13194-48-4

0.2

Etofenprox

80844-07-01

0.4

Etoxazole

153233-91-1

0.2

Fenoxycarb

72490-01-08

0.2

Fenpyroximate

134098-61-6

0.4

Fipronil

120068-37-3

0.4

Flonicamid

158062-67-0

Fludioxonil

131341-86-1

0.4

Hexythiazox

78587-05-0

imazalil

35554-44-0

0.2

Imidacloprid

138261-41-3

0.4

Kresoxim-methyl

143390-89-0

0.4

Malathion

143390-89-0

0.2

Metalaxyl

57837-19-1

0.2

Methiocarb

2032-65-7

0.2

Methomyl

16752-77-5

0.4

Methyl parathion

298-00-0

0.2

MGK-264

113-48-4

0.2

Myclobutanil

88671-89-0

0.2

Naled

300-76-5

0.5

Oxamyl

23135-22-0

Paclobutrazol

76738-62-0

0.4

Permethrins

52645-53-1

0.2

Phosmet

0732-11-6

0.2

Piperonyl_butoxide

51-03-6

Prallethrin

23031-36-9

0.2

Propiconazole

60207-90-1

0.4

Propoxur

114-26-1

0.2

Pyrethrins

8003-34-7

Pyridaben

96489-71-3

0.2

Spinosad

168316-95-8

0.2

Spiromesifen

283594-90-1

0.2

Spirotetramat

203313-25-1

0.2

Spiroxamine

118134-30-8

0.4

Tebuconazole

80443-41-0

0.4

Thiacloprid

111988-49-9

0.2

Thiamethoxam

153719-23-4

0.2

Trifloxystrobin

141517-21-7

0.2

(2) Permethrins should be measured as the cumulative residue of cis- and trans-permethrin isomers (CAS numbers 54774-45-7 and 51877-74-8).

(3) Pyrethrins should be measured as the cumulative residues of pyrethrin I (CAS 121-21-1), pyrethrin II (CAS 121- 29-9), cinerin 1 (CAS 25402-06-6), and jasmolin 1 (CAS 4466-14-2).

(4) Abamectin is a composite of the amounts of avermectin B1a and avermectin B1b.

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-52-9 Mycotoxin Standards

(1) The department may require mycotoxin testing of a kratom product if the department has reason to believe that mycotoxins may be present.

(2) A sample and related batch of kratom product fail quality assurance testing for mycotoxin if the results exceed the limits in Table 4.

TABLE 4

Mycotoxin

Test

Specification

The total of Aflatoxin B1, B2, G1 and G2

<20 ppb of substance

Ochratoxin

<20 ppb of substance

History

KEY: kratom, kratom processor, testing
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

R66-53 Kratom Processors

Utah Admin. Code R66-53-1 Authority and Purpose

Pursuant to Section 4-45-107, this rule establishes the standards, practices, procedures, and requirements for the processing and handling of kratom and kratom products.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-2 Definitions

(1) "Bulk kratom product" means a kratom product that has been prepared and is ready for final packaging.

(2) "Concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring kratom plant material that concentrates or isolates alkaloids contained in the plant; and

(b) any amount of a natural, derivative, or synthetic alkaloid in the synthetic alkaloid's purified state.

(4) "Department" means the Utah Department of Agriculture and Food.

(5) "Final product" means a reasonably homogenous kratom product in its final packaged form created using the same standard operating procedures and the same formulation.

(6) "Handle" or "Handling" means possessing, transporting, or storing kratom or kratom product for any period.

(7) "Kratom material" means raw concentrate, raw plant material, or materials made from raw plant material or raw concentrates that are not in a final packaged form.

(8) "Location" means a specific street address, including street number, street name, city, state, and zip code.

(9) "Manufacturing" means storing, preparing, packaging, or labeling of kratom, kratom material, or kratom products.

(10) "Processing" means any action taken to prepare kratom for market, including preparing, manufacturing, or distributing.

(11) "Third-party laboratory" means a laboratory that has no direct interest in a processor or retailer of kratom products that can perform mandated testing utilizing validated methods.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-3 Kratom Processor Licenses

(1) The department shall issue the following kratom processor licenses:

(a) a Tier One license, which allows a processor to receive, store, prepare, transport, and wholesale kratom plant material and manufacture finished kratom products;

(b) a Tier Two license, which allows a processor to: sell finished kratom product to a retailer and perform minimal processing for storage only.

(2) A kratom processor shall obtain a separate license for each type of kratom processing establishment and each location.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-4 Application Requirements

(1) An applicant seeking a kratom processor license shall submit a complete application to the department.

(2) The applicant shall submit a non-refundable fee as approved by the Legislature in the fee schedule.

(3) The department shall deny any applicant who does not submit the required information.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-5 Processing Facility Restrictions

(1) A processor may not process or store kratom material or product in any structure that is used for residential purposes.

(2) A processor shall dispose of kratom waste in accordance with federal and state laws and regulations related to hazardous waste.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-6 Processing Practices

A processor that manufactures kratom products shall ensure that the facility meets basic cleanliness standards, including:

(1) buildings are of suitable size, design, and construction to permit unobstructed placement of equipment, orderly storage of materials, sanitary operation, and proper cleaning and maintenance;

(2) floors, walls, and ceilings are constructed of smooth, easily cleanable surfaces and are kept clean and in good repair;

(3) fixtures, ducts, and pipes are installed in such a manner that drip or condensate does not contaminate materials, utensils, contact surfaces of equipment, or finished products in bulk;

(4) lighting and ventilation are sufficient for the intended operation and comfort of personnel;

(5) water supply, washing and toilet facilities, floor drainage, and sewage system are adequate for sanitary operation and cleaning of facilities, equipment, and utensils, as well as satisfying employee needs and facilitating personal cleanliness; and

(6) adequate filth and pest controls are in place.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-7 Required Records

(1) The processor shall keep records of receipt for any kratom material obtained, including:

(a) the date of receipt;

(b) quantity received;

(d) the seller's information, including:

(i) the seller's contact information; and

(ii) the address of the facility or growing area from which the kratom material was shipped.

(2) The processor shall keep records that include the following information for each batch of kratom material processed;

(a) the date of processing;

(b) the lot number of the material;

(d) the type of processing; and

(e) any lab test conducted on the kratom material or product during the processing.

(3) The processor shall keep records of any tests conducted with the identifying lot number.

(4) The processor shall keep records for a minimum of three years of any products they have manufactured and the disposition of any kratom material that leaves the facility.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-8 Testing

(1) A third-party laboratory shall test each kratom product lot for the following before distribution:

(a) the amount of alkaloids;

(b) pesticides;

(d) heavy metals; and

(e) foreign matter.

(2) The department shall conduct random testing of kratom products and materials.

(3) The sample taken by the department shall be the official sample.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-9 Inspections and Sampling

(1) The department shall have complete and unrestricted access to kratom materials, kratom products, and any land, buildings, and other structures used to process kratom.

(2) Samples of kratom product may be randomly taken from the facility by the department.

(3) The department may review records kept in accordance with rule requirements.

(4) Any laboratory test of a final product with a result of 7-hydroxymitragynine at 0.4% or greater of the total kratom alkaloid composition of the product shall be turned over to the appropriate law enforcement agency, and revocation of the processor license shall be immediate.

(5) The department shall notify the processor of any adulterants found during testing.

(6) The presence of adulterants may be considered a violation of the terms of the license and may result in a license revocation.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-10 Storage of Kratom Material and Kratom Products

(1) A processor may store kratom material and kratom products at their licensed facility.

(2) A processor shall store kratom material and product:

(a) in a secure room; and

(b) separate from other manufactured products.

(3) A processor shall ensure that access to the kratom is limited to processor employees.

(4) Storage facilities shall be maintained in accordance with Section R66-53-6.

(5) Storage facilities and records are subject to random inspection by the department.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-11 Transportation of Kratom Material

Each movement of kratom material shall include a transport manifest that includes the following information:

(1) a copy of the COA for each batch included in the shipment;

(2) the location of the sending and receiving parties;

(3) proof of registration or licensure for the sending and receiving parties; and

(4) a bill of lading for the transported material.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-12 Renewal

(1) A licensee shall resubmit the documents required in Section R66-53-4 with updated information, on or before December 31 of the current year.

(2) The department may deny a renewal for an incomplete application.

(3) The department may deny renewal for any licensee who has violated any portion of this rule or state law.

(4) The department shall assess a late fee for a renewal of a kratom processor license submitted on or after January 1, and the licensee shall pay the fee before the license renewal is issued.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

Utah Admin. Code R66-53-13 Violations

(1) It is a violation to process kratom material on a site not approved by the department.

(2) It is a violation to allow unsupervised public access to kratom processing facilities.

(3) It is a violation to sell a kratom product to the public or another kratom processor in violation of this section or state laws governing the final product.

(4) It is a violation to process kratom without the appropriate kratom processor license.

(5) It is a violation to fail to keep records required by this rule or to fail to adhere to the notification requirements of this rule.

(6) It is a violation for a licensee to engage in practices outside of the scope of their license.

(7) It is a violation to operate a facility that does not meet basic cleanliness standards outlined in Section R66-53-6.

(8) It is a violation to distribute a kratom product that has not been tested as required by Rule R66-52.

(9) It is a violation to deny the department the ability to take a sample of a kratom product during an inspection or as part of an investigation.

(10) It is a violation to deny the department access to a kratom processing facility or kratom processing facility records during regular business hours.

History

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations
Date of Last Change: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107

R68 Plant Industry

R68-1 Utah Bee Inspection Act Governing Inspection of Bees

Utah Admin. Code R68-1-1 Authority

Section 4-11-103 authorizes this rule.

History

KEY: beekeeping, locating apiaries, salvage operations, identification
Date of Last Change: January 25, 2026
Notice of Continuation: March 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-103

Utah Admin. Code R68-1-2 Registration

(1) Each person who keeps bees in Utah shall register with the department pursuant to Section 4-11-104.

(2) The department may waive the registration fee for youth non-profit groups using hives for educational purposes.

History

KEY: beekeeping, locating apiaries, salvage operations, identification
Date of Last Change: January 25, 2026
Notice of Continuation: March 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-103

Utah Admin. Code R68-1-3 Apiary Identification

(1) A bee owner shall identify each apiary location by a sign showing the owner's registration number issued by the department, unless the apiary is located on property owned by the beekeeper.

(2)(a) The sign shall display the registration number which includes:

(a) the text to be at least one inch in height;

(b) easily readable; and

(c) displaying it in a conspicuous location in the apiary; or similar identification conspicuously displayed on one or more hive bodies within the apiary.

(b) The department shall consider any apiary not so identified as abandoned and shall be subject to seizure and destruction as provided for in Section 4-11-114.

History

KEY: beekeeping, locating apiaries, salvage operations, identification
Date of Last Change: January 25, 2026
Notice of Continuation: March 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-103

Utah Admin. Code R68-1-4 Assistance in Locating Apiaries

(1) All beekeepers shall personally assist the department or county bee inspectors in locating their apiaries or provide accurate and detailed information as to the location of all bee hives under their control or possession.

(2) Bee inspectors shall make a good faith effort to contact the beekeeper before an inspection.

History

KEY: beekeeping, locating apiaries, salvage operations, identification
Date of Last Change: January 25, 2026
Notice of Continuation: March 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-103

Utah Admin. Code R68-1-5 Salvage Operations

A bee owner shall perform salvage operations with respect to hives, and appliances from diseased colonies using the following procedure:

(1) frames with comb are removed and destroyed either by burning or deep burial; and

(2) hive bodies, supers, covers, bottom boards, and frames without comb are thoroughly scorched for a minimum of 20 minutes using an open flame torch.

History

KEY: beekeeping, locating apiaries, salvage operations, identification
Date of Last Change: January 25, 2026
Notice of Continuation: March 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-103

R68-2 Utah Commercial Feed Act Governing Feed

Utah Admin. Code R68-2-1 Authority

(1) Promulgated under the authority of Section 4-12-103, Subsections 4-12-102(4)(a)(iii) and 4-12-105(3).

(2) The Association of American Feed Control Officials (AAFCO) has permitted the department to utilize and reproduce copyrighted information from the 2024 edition of the AAFCO Official Publication for non-commercial purposes in this rule.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-2 Definitions and Terms

This rule defines the following terms in addition to the terms used in Section 4-12-102;

(1) "Home produced" means a pet treat produced in a private home kitchen in the state.

(2) "Official Publication" means an annual publication of the Association of American Feed Control Officials (AAFCO) that contains common ingredient names, feed terms, and definitions and lists standards for labels, ingredients, and laboratories.

(3) "Principal Display Panel" means the outfacing side of the feed tag, or if no tag, the part of the label most likely to be displayed, presented, shown, or examined under normal and customary display conditions for retail sale.

(4) "Raw meat" means an unadulterated commodity that the department and is exempt from the definition of commercial feed per Subsection 4-12-102(4)(b)(iii).

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-3 Registration of Products

(1) An applicant shall register a commercial feed with the department by meeting the requirements listed in Subsection 4-12-104(2) which include:

(a) submitting an annual registration form with the department; and

(b) paying an annual registration fee on or before December 31 each year.

(2) Per Subsection 4-12-104(4), a person selling animal formula feeds shall obtain a license before distribution by:

(a) submitting an annual application as provided by the department; and

(b) pay an annual license fee on or before December 31 each year.

(3) To monitor and track the registration of commercial feed products and distribution of formula feed licenses, the department may:

(a) assess an additional fee, per product, if the application for renewal of a commercial feed or feed ingredient registration is not submitted on or before December 31; and

(b) add the additional fee to the original registration fee.

(4) The department may not issue a commercial feed product registration or a customer-formula feed license until the applicant pays the fee.

(5) The department shall require the applicant to submit a new registration if the applicant changes the name of a feed or changes the product ingredients.

(6)(a) The department may not require the applicant to register labeling changes but the applicant shall submit copies of any labeling changes to the department as soon as they are effective.

(b) The department may permit a reasonable time to dispose of properly labeled stocks of the old product.

(7) Home produced pet treats are exempt from customer-formula feed labeling requirements and shall meet the requirements of Section 4-12-105.5.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-4 Feed Label Format

(1) A registrant shall meet consistent labeling requirements by ensuring:

(a) commercial feed, other than customer-formula feed, bears the information prescribed in Section R68-2-5 on the label of the product in the following format:

(i) product name and brand name, if any;

(ii) if a drug is used, the drug label as stipulated in Subsection R68-2-5(3);

(iii) purpose statement;

(iv) guaranteed analysis;

(v) feed ingredients;

(vi) directions for use and precautionary statements;

(vii) manufacturer or persons responsible for distributing the feed name and principal mailing address;

(viii) quantity statement; and

(ix) the lot number, batch number, or unique identifier, or it may be the manufactured date of the feed product; and

(b) label information is placed as follows:

(i) the information required in Subsection R68-2-4(1)(a)(i) through Subsection R68-2-4(1)(a)(iii), and Subsection R68- 2-4(1)(a)(viii) shall appear in its entirety on the principal display panel;

(ii) the information required in Subsection R68-2-4(1)(a)(iv) through Subsection R68-2-4(1)(a)(vii) may appear in a prominent place on the feed tag or label, but not necessarily on the principal display panel; and

(iii) if the precautionary statement required by Subsection R68-2-4(1)(a)(vi) does not appear on the principal display panel, the principal display panel shall reference it with a statement, such as "See back of label for precautions;" and

(2) A registrant shall meet consistent customer-formula feed labeling requirements as prescribed in this rule by using a label, invoice, delivery ticket, or other shipping document that bears the following information:

(a) name and address of the manufacturer;

(b) name and address of the purchaser;

(d) the customer-formula feed name and brand name, if any;

(e) the product name and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(f) the directions for use and precautionary statements required by Sections R68-2-8 and R68-2-9; and

(g) if the feed uses a drug containing product, the label shall also include:

(i) the purpose of the medication or claim statement; and

(ii) the established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Subsection R68-2-6(4).

(3) A registrant shall label pet and specialty pet food products to meet the following requirements:

(a) a vignette, graphic, or pictorial representation of a product on a pet food label may not misrepresent the contents of the package;

(b) the use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available;

(c) a statement may not appear on the label of a pet food that makes false or misleading comparisons between that pet food and any other pet food;

(d) personal or commercial endorsements are permitted on pet food labels if the endorsements are factual and not otherwise misleading;

(e) if a pet food is enclosed in any outer container or wrapper that is intended for retail sale, required label information shall appear on the outside container or wrapper; and

(f) the words "Dog Food," "Cat Food," or similar designations shall appear conspicuously on the principal display panels of the pet food label.

(4) The label of a pet food may not contain an unqualified representation or claim, directly or indirectly, that the pet food contained or a recommended feeding is or meets the requisites of a complete, perfect scientific, or balanced ration for dogs or cats unless the product or feeding:

(a) contains ingredients in quantities sufficient to provide the estimated nutrient requirements for each stage of the life of a dog, cat; or

(b) contains a combination of ingredients that, when fed to a normal animal as the only source of nourishment, will provide satisfactorily for;

(i) fertility of females;

(ii) gestation and lactation;

(iii) normal growth from weaning to maturity without supplementary feeding;

(iv) maintaining the normal weight of an adult animal whether working or at rest; and

(v) has had its capabilities demonstrated by adequate testing.

(5) If a label refers to the presence of ingredients or common terms not defined in the 2024 version of the Official Publication, the following statement must be included: "Not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles."

(6) Labels for pet food products that are compounded for or are suitable for only a limited purpose, such as a product designed for the feeding of puppies, may contain representations that the pet food product or the recommended feeding is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats by including:

(a) a statement of the limited purpose for which the product is intended or suitable, such as the statement:" A complete food for puppies;" and

(b) representations and the required qualification shall be juxtaposed on the same panel and in the same size, style, and color print and the qualified representations may appear on pet food labels only if the pet food product contains:

(i) ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition; or

(ii) a combination of ingredients that, when fed for a limited purpose, will satisfy the nutrient requirements for the limited purpose, and can demonstrate its capabilities through adequate testing.

(7)(a) Except as specified by Section R68-2-6, the name of any ingredient that appears on the label other than in the product name may not be emphasized to create the impression that an ingredient is present in the product in a larger amount than is the fact.

(b) If the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-5 Feed Label Information

(1) A registrant shall label commercial feed, other than customer-formula feed, as specified in this section.

(2) The product name and brand name, if any, displayed on the commercial feed label may:

(a) be appropriate for the intended use of the feed and may not be misleading;

(b) state if the name of the feed is made for a specific use, the character of the feed for a particular animal class shall be suitable for that purpose;

(c) only be in the product name of feeds produced by or for the firm holding the rights to that name and may not have the commercial, registered brand, or trade names in guarantees or ingredient listings;

(d) not contain the name of a commercial feed if the name is derived from one or more ingredients of a mixture to the exclusion of other ingredients and may not represent any components of a mixture unless each component is included in the name;

(e) contain the name of any ingredient or combination of ingredients that are intended to impart a distinctive characteristic to the product that is of significance to the purchaser and may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading;

(f) not contain the word "protein" in the product name of a feed that contains added non-protein nitrogen;

(g) state when the name carries a percentage value, it shall be understood to signify protein or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein," provided that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice;

(h) not contain digital numbers used in a manner as to be misleading or confusing to the customer;

(i) allow single ingredient feeds to have a product name that conforms with the designated definition of feed ingredients as recognized by the Official Publication or unless the department designates otherwise;

(j) contain the word "vitamin," or a contraction, or any word suggesting vitamin can be used only in the name of a feed that is represented to be a vitamin supplement, and labeled with the minimum content of each vitamin declared, as specified in Subsection R68-2-6(3);

(k) contain the term "mineralized" which may not be used in the name of a feed except for "TRACE MINERALIZED SALT," if the product contains significant amounts of trace minerals that are recognized as essential for animal nutrition;

(l) contain the terms "meat" and "meat by-products" if qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are made from cattle, swine, sheep, and goats; or

(m) contain the words, "Raw (blank) Milk" that shall appear conspicuously on the principal display panel with "blank" completed with the species of animal from which the raw milk is collected, if the commercial feed consists of raw milk.

(3) If a drug is used in the commercial feed, the label shall include:

(a) the word "medicated" and it shall appear directly following and below the product name in type size no smaller than one-half the type size of the product name;

(b) a purpose statement as required in Subsection R68-2-5(4);

(d) an active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Subsection R68-2-6(4).

(4) The purpose statement on the commercial feed label may:

(a)(i) contain the specific species and animal classes for which the feed is intended as defined in Subsection R68-2- 5(5); and

(ii) if applicable, a description by the manufacturer of the defined animal class, species, and purpose in a more specific and common language that is consistent with the category of an animal class defined in Subsection R68-2-5(5), including weight ranges, sex, or ages of the animals for which the feed is manufactured;

(b) be excluded from the label if the product name includes a description of the species and animal class for which the product is intended;

(c) exclude the animal class and species for a premix of the manufacture of feed, and state "For Further Manufacture of Feed" if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix;

(d) exclude the animal class and species and state "For Further Manufacture of Feed" of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products, if the label guarantees the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds;

(e) include a statement of enzyme functionality if an enzymatic activity is represented in any manner;

(f) state the terms "Single Ingredient Feed", "Feed Ingredient " or "For Further Manufacture of Feed, " for single ingredient feed, although the manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class; or

(g) include the words "treat" or "snack" and the intended species conspicuously on the principal display panel for a feed intended as a treat for a designated species, such as exclusive of pets and specialty pets.

(5) The sequence of nutritional guarantees that must be stated on a commercial feed label, when a guarantee is stated, shall be:

(a) crude protein;

(b) equivalent crude protein from Non-Protein Nitrogen (NPN);

(d) crude fat;

(e) crude fiber;

(f) acid detergent fiber (ADF);

(g) neutral detergent fiber (NDF);

(h) calcium;

(i) phosphorus;

(j) salt;

(k) sodium; and

(l) any other required or voluntary guarantees shall follow a general format that ensures the units of measure used to express guarantees such as percentage, parts per million (ppm), or international units, are listed in a sequence that provides a consistent grouping of the units of measure.

(6) The label may not state an individual nutrient guarantee if listed as exempt in Subsection R68-2-5(5)(e).

(7) The label shall state the guaranteed analysis as listed in Tables 1-10 of this rule for the specific animal class or species for which the feed is intended.

Table 1

Required Guarantees for Swine Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

Crude protein

Minimum

Lysine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(1) Prestarter: 2-11 pounds;

(2) Starter: 11-44 pounds

(3) Grower: 44 to 110 pounds;

(4) Finisher: 110 pounds to market weight;

(5) Gilts, sows, and adult boars; and

(6) Lactating gilts and sows.

Selenium, in ppm

Minimum

Table 2

Required Guarantees Formula Poultry Feeds for Layers, Broilers, Turkeys, and Breeders

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Layers: Chickens that are grown to produce eggs for food, for example, table eggs:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) starter or growing: from day of hatch to approximately 10 weeks of age;

(b) finisher: from approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;

(d) breeders:

(i) chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs; and

(ii) from time first egg is laid throughout their productive cycle.

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(2) Broilers: Chickens that are grown for human food:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(a) starter or growing: from day of hatch to approximately 5 weeks of age;

(b) finisher: from approximately 5 weeks of age to desired market weight, 42-52 days;

(c) breeders: hybrid strains of chickens whose offspring are grown for human food or broilers, at any age and either sex.

Total sodium, only if it exceeds max salt

Min/Max

(3) Broilers, Breeders: Chickens whose offspring are grown for human food, broilers:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Salt, if added

Min/Max

(a) starting or growing: from day of hatch until approximately 10 weeks of age;

(b) finishing: from approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;

(c) laying: fertile egg producing chickens, broilers or roasters, from day of first egg throughout the time fertile eggs are produced.

Total sodium, only if it exceeds max salt

Min/Max

(4) Turkeys:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) starter or growing: grown for human food from day of hatch to approximately 13 weeks of age for females and 16 weeks of age for males;

(b) finisher: grown for human food, females from approximately 13 weeks of age to approximately 17 weeks of age; males from 16 weeks of age to 20 weeks of age, or desired market weight;

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium; only if it exceeds max salt

Min/Max

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(c) laying: female turkeys that are producing eggs; from first egg is produced, throughout the time they are producing eggs;

(d) breeder: grown to produce fertile eggs, from day of hatch to time first egg is produced, approximately 30 weeks of age, both sexes.

Total sodium, only if it exceeds max salt

Min/Max

Table 3

Required Guarantees for Beef Cattle Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Complete Feeds and Supplements

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Potassium

Minimum

Vitamin A, other than precursors of Vitamin A, International Units per Pound, if added

Minimum

Mineral Feeds, if added

Calcium

Min/Max

Phosphorus

Minimum

Salt

Min/Max

(1) Calves: birth to weaning.

(2) Cattle on pasture: may be specific as to production stage such as stocker, feeder, replacement heifers, brood cows, bulls; and

(3) Feedlot cattle.

Total sodium, only if it exceeds max salt

Min/Max

Magnesium

Minimum

Potassium

Minimum

Copper, in ppm

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

Vitamin A, other than precursors of Vitamin A, International Units per pound

Minimum

Table 4

Required Guarantees for Dairy Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

(1) Veal milk replacer; and

(2) Herd milk replacer.

Vitamin A, other than precursors of vitamin A, in International Units per pound, if added

Minimum

Complete Feeds and Supplements

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

ADF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Selenium, in ppm

Minimum

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Mixing and Pasture Mineral, if added

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(1) Starter;

(2) Non-lactating dairy cattle including: replacement dairy heifers, dairy bulls, and dairy calves;.

(3) Lactating dairy cows; and

(4) Dry dairy cows.

Magnesium

Minimum

Potassium

Minimum

Selenium, in ppm

Minimum

Vitamin A, other than the precursors of Vitamin A, in International Units per pound

Minimum

Table 5

Required Guarantees for Equine Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Complete Feeds and Supplements

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

ADF

Maximum

NDF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Copper, in ppm, if added

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

Vitamin A, other than the precursors of Vitamin A, in International Units per pound, if added

Minimum

Mineral Feeds

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Sodium

Min/Max

Copper, in ppm, if added

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

(1) Growing;

(2) Broodmare;

(3) Maintenance; and

(4) Performance, including stallions.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 6

Required Guarantees for Goat Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Starter;

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

ADF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Copper, in ppm, if added

Min/Max

Selenium, in ppm

Minimum

(2) Grower;

(3) Finisher;

(4) Breeder; and

(5) Lactating.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 7

Required Guarantees for Sheep Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentages

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Copper, in ppm

Min/Max

Selenium, in ppm

Minimum

(1) Starter;

(2) Grower;

(3) Finisher;

(4) Breeder; and

(5) Lactating.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 8

Required Guarantees for Duck and Geese Formula Feeds

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Ducks:

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

(a) starter: 0-3 weeks;

(b) grower: 3-6 weeks;

(d) breeder developer: 8 to 19 weeks of age; and

(e) breeder: 22 weeks to end of lay.

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(2) Geese:

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(a) starter: 0-4 weeks;

(b) grower: 4-8 weeks;

(d) breeder developer: 10-22 weeks; and

(e) breeder.

Total sodium, only if it exceeds max salt

Min/Max

Table 9

Required guarantees for Fish, Rabbits, and Treats

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Fish:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) species declared in lieu of animal class:

(i) trout;

(ii) catfish; or

(iii) species other than trout or catfish.

Phosphorus

Minimum

(2) Rabbit:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber, may not exceed min by more than 5.0 units

Min/Max

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(a) grower: 4 to 12 weeks of age; and

(b) breeder: 12 weeks of age and over.

Vitamin A, other than precursors of Vitamin A, in International Units per oud, if added

Minimum

(3) Treats:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) any other animal class or species;

Other guarantees to support claims

As needed to support nutritional claims as per labeling and expression of guarantees requirements listed in this rule.

(b) pets and specialty pets; or

Reserved

Exempt

Table 10

Required Guarantees for Grain Mixtures, With or Without Molasses and Other Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Min/Max

Crude fat

Minimum

Crude fiber

Maximum

Minerals in formula feeds, in the following order:

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Other Minerals

(2) The following shall also be listed as required in this rule:

(a) minerals in feed ingredients as specified by AAFCO definitions;

(b) vitamins per Section R68-2-6;

(1) Animal class or species for which the product is intended.

(d) viable lactic acid producing microorganisms for use in silages in terms specified in this rule.

(8)(a) The label shall state a commercial feed, vitamin or mineral premix, base mix, which intends to provide a specialized nutritional source for use in the manufacture of other feeds, its intended purpose and guarantee the nutrients relevant to the stated purpose.

(b) Article II of AAFCO's "Criteria for Labeling Nutritional Indicators" may not apply to the label guarantees for these specialized commercial feeds.

(9) Exemptions for guarantees stated on the label, includes:

(a) a mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements

intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when the feed or feed ingredient:

(i) is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(ii) is intended for non-food producing animals and contains less than 6.5% total mineral.

(b) guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement;

(c) guarantees for crude protein, crude fat, and or crude fiber are not required when the commercial feed is intended for purposes other than to furnish one or more of these substances or one or more are of minor significance relative to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses;

(d) guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made; and

(e) the indication for animal class, or classes, and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class or species.

(10) The label shall state feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements that are listed by ensuring:

(a) the name of each ingredient as defined in the Official Publication, common or usual name, or one approved by the department; or

(b) any collective terms for the grouping of feed ingredients as defined in the Official Publication in lieu of the individual ingredients, provided that:

(i) when a collective term for a group of ingredients is used on the label, individual ingredients within that group may not be listed on the label; and

(ii) the manufacturer provides to the department, upon request, a list of individual ingredients, within a defined group, which are or have been used at manufacturing facilities distributing in or into the state; and

(c)(i) the registrant may affix the statement, "Ingredients as registered with the State" in lieu of the ingredient list on the label; and

(ii) the list of ingredients shall be on file with the department and shall be made available to the feed purchaser upon request.

(11) The label for commercial feed shall display directions for use and precautionary statements, or reference to their location if the detailed feeding directions and precautionary statements required by Sections R68-2-8 and R68-2-9 appear elsewhere on the label.

(12) Name and principal mailing address of the manufacturer or person responsible for distributing the feed displayed on the commercial feed label shall include:

(a) the principal mailing address including the street address, city, state, and zip code; and

(b) the street address may be omitted if it is readily displayed on relevant hard copy or the principal website.

(13)(a) The commercial feed label shall display the net weight or net quantity declared in terms of weight, liquid measure, or count, based on applicable requirements of Section R70-910-3.

(b) Net quantity labeled in terms of weight shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units; or in the case of liquid measure, both in the largest whole unit, quarts, quarts and pints, or pints, with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart and in appropriate Si metric system units.

(c) When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-6 Expression of Guarantees

(1) The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and other fiber indicators shall be in terms of percentage.

(2) When the label states mineral guarantees, it shall include:

(a) when calcium, salt, and sodium guarantees are given in the guaranteed analysis, they shall be stated and meet the following, if the minimum is:

(i) below 2.5%, the maximum may not exceed the minimum by more than 0.5 percentage points;

(ii) 2.5% but less than 5.0%, the maximum may not exceed the minimum by more than one percentage point; and

(iii) above 5.0% the maximum may not exceed the minimum by more than 20% of the minimum and the maximum may not ever exceed the minimum by more than five percentage points.

(b) guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine and shall be listed in terms of percentage;

(c) other minimum mineral guarantees that shall be stated in ppm when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater; and

(d) any products labeled with a quantity statement, tablets, capsules, granules, or liquids, may state mineral guarantees in milligrams (mg) per unit, consistent with the quantity statement and directions for use.

(3) Guarantees for minimum vitamin content of commercial feed shall be listed in the order specified and are stated in milligrams per pound, or in the following units consistent with those employed for the quantity statement, unless otherwise specified:

(a) vitamin A, other than precursors of vitamin A, in International Units per pound;

(b) vitamin D-3, in products offered for poultry feeding, in International Chick Units per pound;

(d) vitamin E, in International Units per pound;

(e) concentrated oils and feed additive premixes containing vitamins A, D, or E, at the option of the distributor, in units per gram instead of units per pound;

(f) vitamin B-12, in milligrams or micrograms per pound;

(g) other vitamin guarantees for menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene shall express the vitamin activity in milligrams per pound; and

(h) any products labeled with a quantity statement for tablets, capsules, granules, or liquid, may state vitamin guarantees in milligrams per unit, consistent with the quantity statement and directions for use.

(4) Guarantees for drugs shall be stated in terms of percent by weight, except:

(a) drugs, present at less than 2,000 grams per ton, total, of commercial feed shall be stated in grams per ton of commercial feed;

(b) drugs, present at 2,000 or more grams per ton, total, of commercial feed, shall be stated in grams per pound of commercial feed; or

(c) the term "milligrams per pound" may be used for drugs in cases where a dosage is given in "milligrams" in the feeding directions.

(5) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(a) for ruminants:

(i) complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources, shall be guaranteed as follows:

(A) " crude protein, minimum, ______ %"; and

(B) " this includes not more than ______ % equivalent crude protein from non-protein nitrogen ";

(ii) mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as "equivalent crude protein from non-protein nitrogen, minimum, ______ %"; or

(iii) ingredient sources of non-protein nitrogen such as Urea, Diammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by AAFCO shall be guaranteed as follows:

(A) " nitrogen, minimum, _ %"; or

(B) "equivalent crude protein from non-protein nitrogen, minimum, ______ %".

(b) for non-ruminants:

(i) complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen and added as listed, shall be labeled as follows:

(A) "crude protein, minimum ______ %;" or

(B) "This includes not more than ______ % equivalent crude protein which is not nutritionally available to species of animal for which feed is intended"; or

(ii) premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen and added as listed, shall contain adequate directions for use and a prominent statement: "WARNING: This feed must be used only in accordance with directions furnished on the label."

(6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(7) Guarantees for microorganisms shall be stated and conform to the following:

(a) colony forming units per gram (CFU/g) or per pound (CFU/lb.) consistent with the directions for use, or CFU per product unit, consistent with directions for use and the quantity statement; and

(b) a parenthetical statement following the guarantee shall list each species in order of predominance.

(8) Guarantees for enzymes shall be stated and conform to the following:

(a) units of enzymatic activity per unit weight or volume consistent with the directions for use, or units of enzymatic activity per product unit, such as tablets or capsules, consistent with the directions for use and the quantity statement; and

(b)(i) the source organism for each type of enzymatic activity specified, such as Protease, Bacillus subtilis, 5.5 mg amino acids liberated/min./ milligram; and

(ii) if two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(9) Any guarantees for dietary starch, sugars, and fructans for commercial feeds, excluding customer-formula feed, and pet food and specialty pet food products, which appear on the label shall ensure:

(a) the labeling claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation shall include:

(i) guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee; and

(ii) a maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products; and

(b) feeding directions state the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-7 Ingredients

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name defined in the 2024 version of Chapter Six Official Feed Terms, Common or Usual Ingredient Names and Ingredient Definitions as published in the Official Publication and incorporated by reference into this rule, the common or usual name, or one approved by the department.

(2) Failure to list the ingredients of feeds in descending order by their predominance by weight in non-quantitative terms may be misleading.

(3) The name of each ingredient shall be shown in letters or type of the same size.

(4) No references to the quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(5) The term "dehydrated" may precede the name of any product that has been artificially dried.

(6) A single ingredient product defined by the AAFCOs is not required to have an ingredient statement.

(7) Tentative definitions for ingredients may not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition exists or the ingredient has common accepted name that requires no definition, such as sugar.

(8) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.0007% iodine, uniformly distributed.

(9) Each carrier shall be listed in the ingredient statement on the label unless it meets the criteria for an incidental ingredient as defined in the January 2017 version of the 21 CFR 501.100(a)(3).

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-8 Directions for Use and Precautionary Statements

(1) Directions for use and precautionary statements on the labeling of commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives, or non-nutritive additives, shall be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use articles.

(2) Feeds containing non-protein nitrogen as specified in Section R68-2-9 require adequate directions for use and precautionary statements.

(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

(4)(a) Raw milk distributed as commercial feed shall bear the following statement: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA."

(b) The statement in Subsection R68-2-8(4)(a) must be clearly visible and use a font no smaller than the minimum size required for the quantity statement as outlined in Section R70-910-3, and as shown in Table 11.

TABLE 11

Raw Milk Warning Statement Size

If Panel Size Is:

Use Minimum Warning Statement Type Size:

Less than or equal to 5 square inches;

1/16 inches.

Greater than 5 or less than or equal to 25 square inches;

1/8 inches.

Greater than 25 or less than or equal to 100 square inches;

3/16 inches.

Greater than 100 or less than or equal to 400 square inches;

1/4 inches.

Greater than 400 square inches;

1/2 inches.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-9 Non-protein Nitrogen

(1)(a) Urea and other non-protein nitrogen products defined in the Official Publication are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein.

(b) If the commercial feed contains more than 8.75% of equivalent crude protein from any form of non-protein nitrogen, or the equivalent crude protein from any form of non-protein nitrogen and added as listed, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED."

(c) The directions for use and the caution statement shall be of adequate type size and be placed on the label in a manner that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(2) Feeding or use directions for those feeds in which more than 50% of the protein content is derived from non- protein nitrogen sources should include recommendations providing adequate supplies of drinking water, sources of energy, forages being fed, minerals, adaptation, "warm-up" periods and stress conditions when necessary.

(3)(a) Non-protein nitrogen as defined in the Official Publication, when so indicated, are acceptable ingredient in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein.

(b) The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations may not exceed 1.25% of the total daily ration.

(4) On labels for medicated feeds that bear adequate feeding directions or warning statements, the presence of added non-protein nitrogen may not require a duplication of the feeding directions or the precautionary statements if those statements include sufficient information to ensure the safe and effective use of the product due to the presence of non-protein nitrogen.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-10 Drugs and Additives in Feed

(1) Before the approval of a registration application or approval of a label for commercial feed that contains additives, including drugs, other special purpose additives, or non-nutritive additives, the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(2) Satisfactory evidence of safety and efficacy of a commercial feed include:

(a) the commercial feed contains additives, the use of which conforms to the requirements of the applicable section in Title 21, Code of Federal Regulations, or which are "prior sanctioned", "informal review sanctioned", or "generally recognized as safe" for use;

(b) the commercial feed is itself a drug as defined in 21 CFR 510.3 (January 3, 2017) and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under 21 CFR 584 (August 2, 2024);

(c) one of the purposes for feeding a commercial feed is to impart immunity, and the constituent's imparting immunity has been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913 21 USC Ch. 5;

(d) the commercial feed is a direct fed microbial product, which includes;

(i) the product meets the particular fermentation product definition;

(ii) the microbial content statement, as expressed and appears on the labeling, is limited to the following: "Contains a source of live, viable, naturally occurring microorganisms."; and

(iii) the source is stated with a corresponding guarantee expressed in accordance with Subsection R68-2-6(6); and

(e) the commercial feed is an enzyme product, which includes:

(i) the product meets the particular enzyme definition defined by AAFCO; and

(ii) the enzyme is stated with a corresponding guarantee expressed in accordance with Subsection R68-2-6(7).

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

Utah Admin. Code R68-2-11 Adulterants

(1) The terms "poisonous or deleterious substances" include:

(a) fluorine and any mineral or mineral mixture that is used directly for the feeding of domestic animals and the fluorine exceeds;

(i) 0.20% for breeding and dairy cattle;

(ii) 0.30% for slaughter cattle;

(iii) 0.30% for sheep;

(iv) 0.35% for lambs;

(v) 0.45% for swine; or

(vi) 0.60% for poultry;

(b) fluorine bearing ingredients when used in amounts that raise the fluorine content of the total ration, exclusive of roughage, above the following amounts:

(i) 0.004% for breeding and dairy cattle;

(ii) 0.009% for slaughter cattle;

(iii) 0.006% for sheep;

(iv) 0.01% for lambs;

(v) 0.015% for swine; or

(vi) 0.03% for poultry.

(c) fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage, with or without, limited amounts of grain, which results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight;

(d) soybean meal, flakes or pellets or other vegetable meals, flakes or pellets that have been extracted with trichlorethylene or other chlorinated solvents;

(e) sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients that are considered or reported to be a significant source of vitamin B1, Thiamine; or

(f) raw leather residue from tanning or leather manufacturing.

(2) Any screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of the weed seeds so that the finished product contains no more than six viable prohibited weed seeds per pound.

History

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food
Date of Last Change: October 24, 2024
Notice of Continuation: December 9, 2024
Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)

R68-3 Utah Plant Food Rule

Utah Admin. Code R68-3-1 Authority

Subsection 4-2-103(1)(i) and Section 4-13-110 authorize the department to adopt rules to enforce Title 4, Chapter 13, the Utah Plant Food Act and to adopt the official terms, tables, definitions, and statements adopted by the Association of American Plant Food Control officials (AAPFCO) and published in the Official Publication No. 78.

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

Utah Admin. Code R68-3-2 Purpose

This rule establishes the process of registration and labeling of products, defines ingredient deficiencies, and defines unlawful acts that violate Title 4, Chapter 13, the Utah Plant Food Act.

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

Utah Admin. Code R68-3-3 Product Registration

(1) A registrant shall register any plant food distributed in Utah with the department, unless labeling shows that the product does not claim to contain any plant nutrients or beneficial plant growth properties.

(2) The department may exempt the following from registration in Utah:

(a) biochar;

(b) compost;

(d) garden soil;

(e) gypsum;

(f) hay;

(g) landscape soil or topsoil;

(h) leaf mold;

(i) mulch or wood products;

(j) nitrogen stabilizers;

(k) peat;

(l) perlite;

(m) plant inoculant;

(n) planting mix;

(o) potting mix;

(p) sand;

(q) seed inoculant;

(r) soilless growing media;

(s) straw;

(t) vermicompost; and

(u) vermiculite.

(3)(a) The department may require submission of the complete formula of any plant food for administration of Title 4, Chapter 13, the Utah Plant Food Act, and this rule.

(b) If it appears to the department that the composition of the product warrants the proposed claims for it, and if the product and its labeling and any other information that may be required to be submitted complies with the requirements of the Act, the product shall be registered.

(4)(a) Before registering any plant food, the department may require evidence to substantiate the claims made for the plant food and proof of the value and usefulness of the plant food.

(b) For evidence of proof, the department may rely on experimental data, evaluation, or advice from a source that understands the conditions for which the product is intended.

(d) The department shall make the final decision concerning registration of a plant food following evaluation of evidence presented.

(5) The registrant is responsible for the accuracy and completeness of information submitted concerning application for registration of a plant food.

(6) At the department's determination, it shall assess an additional fee if the renewal of a plant food registration is not received on or before December 31, pursuant to Subsection 4-2-103(2), and shall be;

(a) assessed per product;

(b) added to the original registration fee; and

(7)(a) The department requires a new registration when the name of the plant food product is changed or there are changes in the product ingredients or guaranteed analysis.

(b) The department does not require re-registration for other labeling changes, but the registrant shall submit copies of changes to the department as soon as they are effective.

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

Utah Admin. Code R68-3-4 Product Labeling

(1) The label shall list when any reference is made on the label, labeling, or graphic material of a plant food to "trace elements," "minor elements," "secondary elements," "plant foods," or similar generalized terms, each individual plant food to which the term refers.

(2) Other plant nutrients, when mentioned in any form or manner, shall be registered and shall be guaranteed.

(a) Each guarantee shall be made on the elemental basis.

(b) Sources of the elements guaranteed, and proof of availability shall be provided to the department upon request.

(c) Except for water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting, garden and lawn soils, the minimum percentages which will be accepted for registration are in the AAPFCO Minimum Concentration Table, Official Publication No. 78.

(3) A fertilizer label may not bear a statement that implies that certain plant nutrients contained in a fertilizer are released slowly over a period, unless each slow release component is identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient.

(4) The department may require evidence and an acceptable testing procedure to substantiate each claim.

(5) Pesticide may be added to registered plant food, if:

(a) the pesticide is registered; and

(b) each plant food and pesticide mixture has a label showing the information required in Sections 4-13-104, and 4-14- 104.

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

Utah Admin. Code R68-3-5 Deficiencies of Ingredients

The department considers a fertilizer deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the AAPFCO, Official Publication No. 78 Investigational Allowance Tables, or if the overall index value of the fertilizer is below 98%.

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

Utah Admin. Code R68-3-6 Unlawful Acts

(1) Any person who violates Title 4, Chapter 13, the Utah Plant Food Act, or rules promulgated thereunder, is subject to penalties provided for in Subsection 4-2-304(1)(a).

(2) A person commits an unlawful act when the person:

(a) neglects or, after notice, refuses to comply with Title 4, Chapter 13, the Utah Plant Food Act, this rule, or any lawful order of the department;

(b) distributes any waste-derived fertilizer that was not identified in the registration application; or

History

KEY: plant food, product registration, labeling, unlawful acts
Date of Last Change: December 22, 2025
Notice of Continuation: August 21, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-13-110

R68-4 Standardization, Marketing, and Phytosanitary Inspection of Fresh Fruits, Vegetables, and Other Plant and Plant Products

Utah Admin. Code R68-4-1 Purpose and Authority

(1) Promulgated under authority of Subsection 4-2-103(1).

(2) This rule establishes standards and grades for agricultural products and sets fees for services performed by the department in conjunction with the inspection and grading of agricultural products.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-2 Definitions

(1) "Container" means any commercial type of package, open or closed, including a barrel, box, basket, carton, crate, lug, sack, or any other receptacle.

(2) "Clean container" means those containers that are free from dirt, filth, or product residues and are found acceptable to the department. These containers shall be of good substantial construction and in good condition.

(3) "Closed container" means any container that is covered by any material in the form of a lid, cover, or wrapping of any kind.

(4) "Deceptive pack" means any container of fruits or vegetables that has in the outer layer or any exposed surface, fruits, or vegetables that are so superior in quality, size, or condition to those in the interior of the container, or the unexposed portion, as to noticeably misrepresent the entire contents; provided that facing that is not in violation is not regarded as deceptive.

(5) "Department" means the Utah Department of Agriculture and Food.

(6) "Phytosanitary" means sanitary plant health inspection.

(7) "Standards" means the requirements of the federal government, and those of the importing counties of this state or of another state.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-3 Standards and Grades

(1) The standards and grades for fresh fruits and vegetables shall be in accordance with those stated in 7 CFR 51.

(2) Packaging and Labeling.

(a) Each lot of fresh fruits and vegetables packed for sale, offered for sale, transported for sale, or sold in Utah, shall be packaged in clean containers, either open or closed.

(b) Each closed container is to be of good substantial construction, good commercial type and marked to comply with Section 4-5-201, and are not to conflict with requirements of 21 USC 9, the U.S. Food, Drug, and Cosmetic Act.

(c) The name and address of the grower, packer, or shipper shall be plainly labeled on each closed container of fresh fruits and vegetables offered for sale.

(i) Closed containers shall be plainly marked on the outside with the name of the product and with terms of either net weight, numerical count, or minimum diameter.

(ii) Minimum height of numbers and letters for any labeling on packages of ten pounds or more shall be 3/8 inches.

(d) The labeling requirements in Subsection R68-4-2(2)(c) shall not apply to fresh fruits and vegetables to be used for processing purposes or for repackaging.

(e) Bags of certified seed potatoes shall be officially sealed and tagged with the seal and tag of the certifying agency at point of origin.

(3) Deceptive Pack.

(a) It is unlawful to offer for sale in Utah a deceptive pack of fruits or vegetables or to mislabel any package of fruits or vegetables packed for sale or offered for sale.

(b) A pack is considered deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container.

(4) Grade Designation.

(a) Each fresh fruit and vegetable offered for sale in Utah in closed or open containers of any kind, or on display tables, or shelves, where a federal or state grade is designated on the container or on a sign accompanying produce on display, must conform to the grade so designated. If a lot of fruit or vegetables does not meet the requirements, sale of the lot shall be stopped until the lot is brought into compliance.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-4 Prohibited Sale

(1) It is unlawful to sell or offer for sale in Utah any fruits or vegetables in bulk or in containers that contain more than 10% by count or weight of plant pest injury or serious defects of a progressive nature that has penetrated or damaged the edible portions, including not more than 5% of fruit with worm holes.

(2) It is unlawful to offer produce for sale in closed containers that are labeled with the brand of another grower, packer, or shipper, without permission from the grower, packer, or shipper.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-5 Authority to Issue Certificates

(1) No person, firm, corporation, or association is permitted to issue, classify, or sign certificates covering the grade of farm products when the farm products have been officially standardized, except as provided by law and only by a person properly qualified, licensed, and designated by the department and approved and licensed by the U.S. Department of Agriculture (USDA) - Agricultural Marketing Service -Specialty Crops Inspection Division.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-6 Duty of Inspector

(1) When an agricultural inspector finds any lot of fruits or vegetables being offered for sale which fails to meet the requirements of this rule, the inspector shall serve notice on the owner or person, who has the lot of fruits or vegetables, that these rules have been violated and that the produce in question cannot be marketed or sold unless officially released by the inspector.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-7 Inspection Notes and Certificates

(1) Only financially-interested persons are entitled to information from an inspector's notes unless the applicant directs the inspector to give this information to prospective buyers. This information can only be obtained by others through a court order.

(2) Each certificate issued by authorized agents of the USDA Federal-State Inspection Service shall be received in any federal court as prima facie evidence of the truth contained in the certificate.

(3) General quantitative terms may be used on the inspection notes and certificates if the inspector cannot get an accurate average.

(a) Acceptable terms:

(i) "few" means 10% or less;

(ii) "some" means 11 to 25%;

(iii) "many" means 26 to 45%;

(iv) "approx. half" means 46 to 54%;

(v) "most-mostly" means 55 to 89%;

(vi) "generally" means 90% or more;

(vii) "practically all" means 95% or more; and

(viii) "occasionally" means 5% or less, used only in reference to containers.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-8 Certification and Grade Standards for Seed Potatoes

(1) Requirements and standards for the certification and grading of seed potatoes are established and regulated by the Utah Crop Improvement Association, Utah Agricultural Experiment Station, Logan, Utah, 84322-4820.

(2) Copies of seed certification requirements and standards can be obtained from the Utah Crop Improvement Association, Logan, Utah.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-9 Controlled Atmosphere (CA) Apples

(1) Licensing.

(a) Any person, corporation, partnership, association, or other organized group or person who owns or operates a controlled atmosphere room or storage building shall apply for a license with the department on a form prescribed by the department. The licensing period shall begin on January 1 and end on December 31 of each year.

(b) The application for an annual registration to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee determined by the department pursuant to Subsection 4- 2-103(2).

(c) The department shall assign each approved applicant a registration number preceded by the letters CA. This number shall be marked on each container coming under these rules.

(2) Atmospheric Specifications.

(a) Apples shall not be identified as being from CA storage unless the requirements in Subsections R68-4-10(2)(a)(i) through (v) have been met as shown by inspection and certification by the department.

(i) The percentage of oxygen within the storage atmosphere shall be reduced to 5% within 20 days after the date of sealing.

(ii) The period of storage in a sealed room with not more than 5% oxygen shall be at least 45 days for Gala and Jonagold varieties and at least 90 days for any other varieties. The maximum period of storage in a sealed room with not more than 5% oxygen shall be ten months, but in no case later than September 1 of the year following harvest.

(iii) The fruit temperature in the CA storage room shall be maintained without significant deviation in a range of temperature normal for the variety.

(iv) A representative of the department shall be notified before opening of the CA facility after the storage period, and the department representative shall inspect the general condition of the facility and contents within 48 hours after the opening.

(v) CA Certified Apples shall enter commercial channels of trade within four weeks after storage is opened. Minimum condition and maturity standards shall be the U.S. Condition Standards for Export pursuant to 7 CFR 51.

(3) Storage Records.

(a) Each owner or operator shall maintain a record for each room on an approved form. The record shall include owner or operator's name and address, room number, date of sealing, date of opening, capacity in bushels, lot identification, number of bushels within each lot, and the daily air constituents determination including date of test, time of test, percentage of oxygen, percentage of carbon dioxide, temperature, and comments.

(b) Each owner or operator shall submit to the department within 20 days after date of sealing, a written report, for each room showing room number, date of sealing, and number of bushels contained.

(4) Marketing CA Apples.

(a) Any person selling, offering for sale or transporting for sale any apples under these rules shall furnish an invoice covering the sale of the apples.

(i) Each invoice shall state the CA registration number assigned to the owner or owners of the controlled atmosphere room or storage building in which each included lot of apples was kept.

(ii) Enforcement officials may investigate and examine records and invoices relating to any transactions in connection with these rules to determine the identity of apples represented as meeting requirements for identification.

(b) It is unlawful for any person to sell, hold for sale, or transport for sale any apples represented as having been exposed to "controlled atmosphere storage" or to use any term or form of words or symbols of similar import unless the apples have been stored in CA storage that meets the requirements of Section R68-4-9.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-10 Standards for Utah Premium Grade for Apples

(1) Utah Premium Apples shall consist of Utah grown apples which meet or exceed each minimum standard as issued by the "United States Department of Agriculture (USDA) U.S. Extra Fancy Grade," including the requirements and tolerances as defined in the "United States Standards for Grades of Apples effective September 1, 1964, as amended and in effect July 25, 1972, as issued by USDA." Each apple of this grade shall have the amount of color specified in the USDA Standards for US Extra Fancy given for a specific variety except solid red apples shall have a minimum 85% good red color.

(2) The Utah Department of Agriculture and Food shall conduct condition and grade inspections to assure the grade and quality of any Utah Premium Apples. Fees for quality assurance inspections will be pursuant to Subsection 4-2-102(2).

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-11 Phytosanitary Inspection

(1) Phytosanitary inspections shall be in accordance with federal standards in 7 CFR 353 as well as those of the importing country or state.

(2) Phytosanitary inspection shall be performed by a designated employee of the department, on plants or plant products including nursery plants or bulbs, seeds, grains, fruits, vegetables, and other plant materials meant for export or sale within the state.

(3) Shipping Information including names and descriptions of plant materials, origin of plant material, intended destination, means of transportation, intended date for shipment and name and address of consignee shall be provided by the exporting shipper to the department when requesting the issuance of a certificate.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

Utah Admin. Code R68-4-12 Charges for Inspection Services

(1) Inspection fees shall be determined pursuant to Subsection 4-2-103(2).

(2) Fees shall be paid by the person, firm, corporation, or other organization who requested inspection, upon receipt of a billing statement from the department.

(3) Payment of fees shall be made to the department within 30 days of the date of billing.

(4) If accounts become delinquent, the department may discontinue inspection services until full payment is received.

(5) Mileage or extra expense incurred when inspection is requested at isolated loading points may be added to the cost of the regular inspection fee. These charges shall be the those set forth in Rule R25-7.

(6) Charges in addition to regular inspection fees shall be made for inspection services performed during irregular working hours when the hours are not included in the inspectors' scheduled shift.

History

KEY: food inspection
Date of Last Change: August 1, 2022
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)

R68-5 Grain Inspection

Utah Admin. Code R68-5-1 Purpose and Authority

(1) Promulgated under authority of Subsection 4-2-103(1)(g).

(2) This rule establishes a fee system for grain inspection and grading standards for safflower.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(g)

Utah Admin. Code R68-5-2 Definitions

(1) "Department" means the Utah Department of Agriculture and Food.

(2) "Inspection certificate" means the Utah Department of Agriculture-Grain Inspection Certificate.

(4) "Safflower" means the carthamus tinctorius plant and includes each type and variety of safflower.

(5) "Moisture" means water content.

(6) "Heat damaged" means kernels, pieces of kernels, seeds, and pieces of seeds that have been materially discolored and damaged by heat.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(g)

Utah Admin. Code R68-5-3 Grain Inspection Fees

(1) The department shall charge fees for inspection and grading services as determined pursuant to Subsection 4-2- 103(g). A current list of approved fees may be obtained, upon request from the department:

(a) Location:

Utah Department of Agriculture and Food

Grain Inspection

P.O. Box 1519 - 128 17th Street

Ogden, UT 84402

Phone (801) 392-2292

(b) Hours. Regular working hours are 7 a.m. to 4 p.m., Monday through Friday.

(c) Days Not Worked: Saturdays, Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Holidays are considered overtime hours.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(g)

Utah Admin. Code R68-5-4 Utah Standards for Safflower

(1) Moisture Testing.

(a) Basis of determination.

(i) A moisture determination shall be made on a representative portion from the representative sample, before the removal of foreign material or dockage, by testing exactly 225 grams of safflower seed product.

(b) Certification.

(i) The percentages of moisture content shall be reported on the pan ticket and the inspection certificate, and shall be expressed in whole and tenths of a percent, rounded to the nearest tenth percent.

(2) Dockage.

(a) Any matter other than whole safflower seed that can be removed from a test portion of the original sample, shall be removed by the use of an approved device, and also by handpicking a portion of the machine cleaned sample to remove any remaining material other than safflower and other grains.

(b) Basis of determination.

(i) A dockage determination test shall be made using about 750-850 grams or 1 1/8 to 1 1/2 quarts cut from the original sample.

(ii) The person making the test shall first determine the mechanically separated dockage. This involves a separation procedure using a Carter Dockage Tester.

(iii) An arbitrarily handpicked portion of about 75 grams shall be cut from the mechanically cleaned safflower seed.

(i) the air control shall be set at number 9, wide open;

(ii) the feed control shall be set at number 6;

(iii) in the Riddle Carriage, the plastic seed riddle, part number 35898, shall be used;

(iv) a number 2 sieve shall be used in the top sieve carriage; and

(v) if there is a sieve in the middle or the bottom sieve carriage, it shall NOT be used.

(d) Dockage will consist of:

(i) any material removed by the aspirator, air collecting pan;

(ii) coarse material, except whole safflower seed that passed over the riddle, riddle collecting pan. Whole kernels of safflower seed that passed over the riddle shall be returned to the cleaned sample;

(iii) any material that passed through the number 2 sieve, bottom collecting pan; and

(iv) any material other than safflower seed and other grains removed by handpicking a machine cleaned portion of about 75 grams.

(e) Certification.

(i) The percentage of dockage shall be reported on the pan ticket and the inspection certificate. The percent of dockage shall be stated in terms of whole or half percentages.

(3) Test weight per bushel.

(a) Basis of determination.

(i) A test weight per bushel shall be performed on a representative portion ranging in size from 1 to 1 1/2 quarts or 750-850 grams after the removal of the mechanically separated dockage.

(b) Certification.

(i) The test weight per bushel shall be reported on the sample pan ticket and the inspection certificate in whole and half pounds.

(4) Hulls.

(a) Hulls shall have less than 1/3 of the kernels attached.

(b) Basis of determination. A determination for testing the percentage of kernels attached to hulls shall be performed using about 30 grams cut from the work portion after the removal of dockage.

(c) Certification. The percentage of kernels attached to hulls shall be reported on the pan ticket and the inspection certificate, and shall be expressed to the nearest tenth percent.

(5) Dehulled kernels and broken seed.

(a) Dehulled kernels and broken seed shall consist of safflower or pieces of seed in which the hull has been removed from safflower seeds that have at least 1/3 of the kernels attached, and also when safflower seeds that have been so broken that the kernel has been exposed.

(b) Basis of determination. A determination of dehulled and broken seed will be reported on the pan ticket and the inspection certificate to the nearest tenth percent.

(c) Certification. The percentage of dehulled and broken seed will be reported on the pan ticket and the inspection certificate to the nearest tenth percent.

(6) Other grains.

(a) Other grains shall consist of any other grain or domestic kernels which are not removed in the dockage.

(b) Basis of determination. A test to determine the percentage of other grains present in the product, will be performed on about 30 grams cut from the work sample after the removal of dockage.

(c) Certification. The percentage of other grains will be reported on the pan ticket and the inspection certificate to the nearest tenth percent.

(7) Damaged and heat damaged safflower seed.

(a) Amounts of damaged safflower total kernels and pieces of kernels that are heat damaged, sprout damaged, frost damaged, green or otherwise materially damaged shall be assessed.

(b) Basis of determination. A test to determine the percentage of damaged and heat damaged safflower kernels will be performed using about 30 grams cut from the work portion after the removal of dockage.

(c) Certification. The total percentage of heat damaged safflower seed and damaged safflower seed shall be reported on the pan ticket and the inspection certificate, and shown to the nearest tenth percent.

(8) Split damage.

(a) A check for split damage in safflower seed shall be conducted noting any break, fissure, crack, or tear in the seed kernels, husk or cover.

(b) Basis of determination. A test to determine the percent of split, damaged safflower kernels will be performed on about 30 grams cut from the work portion after the removal of dockage.

(c) Certification. The percentage of split damaged safflower seeds shall be reported in the split section and included in the damaged safflower section on the inspection certificate, and shown to the nearest tenth percent.

(9) Safflower seed claiming a UTAH grade shall meet the requirements in the following table:

TABLE

Utah Safflower Seed Grade Requirements

Grade

Utah 1

Utah 2

Utah 3

Sample Grade

Minimum Limit

Test wt. per bushel

40 lbs.

38 lbs.

35 lbs.

Maximum Limit

Stones per 100 grams

Hulls

Dehulled Kernels and Broken Seed

Splits

Other Grains

0.5

Damaged Safflower Seeds

Sprout

Heat

0.2

Total

*Sample grade safflower shall consist of a safflower seed group which:

(a) does not meet the requirements of grade Utah 1 through Utah 3;

(b) in about a 750-850 gram sample, contains seven or more stones;

(d) contains more than 2.5% of earth pellets after the mechanical separation of dockage.

NOTE: Slightly or badly weather stained safflower seed may not be rated higher than grade Utah 2 or Utah 3 under this rule.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(g)

R68-6 Utah Nursery Rule

Utah Admin. Code R68-6-1 Purpose and Authority

(1) Promulgated under authority of Section 4-15-104.

(2) This rule establishes standards for nurseries to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock cleanliness standards.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

Utah Admin. Code R68-6-2 Definitions

(1) Terms used in this rule are defined in Section 4-15-103.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

Utah Admin. Code R68-6-3 Labeling

(1) To identify nursery stock properly, when it is shipped, delivered, or transported to any purchaser, at least one label bearing the name, origin state grown or propagated, size, variety, and grade where applicable shall be attached to each separate species or variety.

(2) When a grade or size designation is used or implied in labeling or in an advertisement referring to a kind of nursery stock for which grades or sizes have been established in this rule, the nursery stock shall conform to the specifications of the particular grade or size. Advertisements of stock offered for sale in containers shall state plant grade or size, irrespective of the size of the container.

(3) Non-established container stock shall be identified by a water-resistant tag on which the words "non-established container stock" are printed.

(a) The tags shall be not less than 2 x 4 inches in size with lettering of 24-point Gothic type.

(b) The minimum length of time the stock has been planted in the container or the date the stock was planted in the container shall also be stated on the tag.

(c) The tag shall bear only the required labeling. It shall be the responsibility of the supplier of non-established container stock to adequately label stock as provided in this rule.

(4) Each rose shall be labeled by grade for individual plants, bundles, or single lots.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

Utah Admin. Code R68-6-4 Condition of Nursery Stock

(1) Any nursery stock that, in the judgment of the commissioner or an authorized agent, does not meet the minimum indices of vitality in this rule shall be removed from sale.

(a) Woody-stemmed deciduous stock, including fruit and shade trees, rose bushes, and shrubs shall have moist tissue in the stem or stems and branches and shall have viable buds or unwilted growth sufficient to permit the nursery stock to live and grow in a form characteristic of the species when planted and given reasonable care.

(b) Each rose bush stem shall show moist, green undamaged cambium in at least the first eight inches above the graft. Any single stem on a rose bush not meeting this specification may not disqualify the entire plant provided that a bush may be pruned to comply with the specification if at least two stems meeting the specification remain and the grade designation is changed accordingly.

(c) Hardy herbaceous biennials or perennials when in a wilted, rotted, or any other condition indicative of poor vitality may not be sold or offered for sale in Utah.

(d) Any bare-rooted or prepackaged woody-stemmed nursery stock having more than two inches of etiolated or otherwise abnormal growth from individual buds may not be sold or offered for sale.

(e) Balled and burlapped stock in a weakened condition as shown by dieback or dryness of earthball or foliage, or stock having broken or loose earthballs may not be sold or offered for sale.

(f) Stock offered for sale in containers.

(i) The container shall be sufficiently rigid to hold the ball shape, protecting the root mass during shipment.

(ii) Container Stock.

(A) Container stock offered for sale shall be healthy, vigorous, well rooted, and established in the container in which it is sold.

(B) The tops of the plants shall be of good quality and in a healthy growing condition.

(C) Sufficient new fibrous roots shall have developed so that the root mass will keep its shape and hold together when removed from the container. This shall be shown in each case by the earthball of the stock remaining reasonably intact upon removing it from the container.

(iii) Non-established container stock.

(A) Non-established container stock offered for sale shall be deciduous stock that shows good top quality and a vigorous healthy growing condition.

(B) The potting media shall be capable of sustaining satisfactory plant growth.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

Utah Admin. Code R68-6-5 Standards for Nursery Stock

(1) Nursery stock offered for sale in Utah shall meet the grade and size standards published by the American Association of Nurseryman, in the publication entitled: American Standard for Nursery Stock, ANSI Z60.1-2014 which is incorporated in this rule by reference.

(2) Buyers and sellers of nursery stock shall refer to and use common terminology that is contained in and defined by this incorporated document, to facilitate transactions involving nursery stock in this state.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

Utah Admin. Code R68-6-6 Organizational Provisional Permit

(1) Special projects held by nonprofit educational, charitable, or service organizations may be exempt from payment of fees for nursery license provided the applicant provides an application.

(2) Funds received from sales of plants shall be used for the benefit of the organization or for improvement or beautification projects within the local community.

(3) Plant materials distributed at these special projects shall meet the standards as described in Sections R68-6-4 and R68-6-5.

(4) No special project may be in direct competition with any licensed nursery.

(5) A permit shall be issued for annual activity only. No fee is required, but the application shall be finished and approved by the department before the project begins.

History

KEY: nurseries (agricultural)
Date of Last Change: June 8, 2022
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-15-104

R68-7 Utah Pesticide Control Rule

Utah Admin. Code R68-7-1 Authority

Promulgated under authority of Section 4-14-106.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-2 Definitions

(1) "Commercial pesticide applicator" means any person who uses or applies pesticides for hire or compensation, or who makes pesticidal claims, remedies, or advertises for hire or compensation, or who solicits the use of pesticides for hire or compensation.

(2) "Commercial pesticide business license" means a license issued by the department to a business responsible for supervising commercial pesticide applicators employed to apply pesticides on a commercial basis.

(3) "Department" means the Utah Department of Agriculture and Food

(4) "EPA WPS" means the U.S. Environmental Protection Agency (EPA) Worker Protection Standard, or the standards described in 40 CFR 170, as of January 2, 2017, which is incorporated by reference.

(5) "EPA WPS Trainer" means a certified pesticide applicator of any type who trains workers and handlers in the WPS requirements and may also be a graduate of an EPA approved WPS Train the Trainer Program.

(6) "Good standing" means a person has no outstanding infractions with the department and does not owe money to the department. A person who has resolved their infractions, entered into and complying with a settlement agreement with the department or who has not exhausted their rights to appeal are potentially excluded from this categorization with department approval.

(7) "Licensee" means the holder of a pesticide applicator license or a commercial pesticide business license issued by the department or a restricted use pesticide dealer.

(8) "Non-commercial pesticide applicator" means any person working as an employee of any entity, firm, or government agency who uses or demonstrates the use of any restricted use pesticide on the entity's property, or any property occupied, managed, or under the direction or authority of any entity, firm, or government agency, and does not require a commercial pesticide applicator's license.

(9) "Pesticide" means the same as the term is defined in Section 4-14-102.

(10) "Pesticide applicator" or "applicator" means a person who:

(a) applies or supervises the application of a pesticide; or

(b) is required by Title 4, Chapter 14, Utah Pesticide Control Act, to have a license.

(11) "Person" means an individual or entity

(12) "Private pesticide applicator" means any person who uses, or supervises the use of, any restricted use pesticide for producing any agricultural commodity on private property owned, rented, or leased by the pesticide applicator, or on the private property of another, if applied without compensation.

(13) "Qualifying party" means the same as the term is defined in Section 4-14-102.

(14) "Registrant" means the company responsible for the registration of a pesticide product.

(15) "Restricted use pesticide" or "RUP" means any pesticide or pesticide use restricted by the administrator of EPA or by the department.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-3 Registration of Products

Pesticide products distributed in Utah shall be registered annually with the department.

(1) Application for registration shall be made to the department on the department website, or on forms prepared and provided by the department, and shall include the following information:

(a) the name, address, telephone number, and email address of the registrant, and the name, address, telephone number, and email address of the company whose name will appear on the label, if other than the registrant;

(b) the name of the pesticide product, including the EPA Registration Number;

(d) if the product is an RUP, a general use pesticide, or a product claiming a Federal Insecticide, Fungicide, and Rodenticide Act of 1972 (FIFRA), 7 U.S.C Section 136 et seq. Section 25(b) exemption; and

(e) a complete copy of the pesticide product label as it will appear on the pesticide product.

(2) The burden shall be on the registrant to notify the department of any changes to their contact information within 30 days.

(3) The department may require submission of the complete formula of any pesticide if it is deemed necessary for the administration of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, or to enforce EPA requirements and guidelines.

(4) The product shall be registered if:

(a) it appears to the department that the composition of the product warrants the proposed claims for the product; and

(b) the product, its labeling, and any other information that may be required to be submitted, complies with the requirements of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, and EPA rules, requirements and guidelines

(5) The registrant is responsible for the accuracy and completeness of the information submitted concerning any application for the registration of a pesticide product.

(6) Once a pesticide product is registered no further state registration other than annual renewal is required, provided:

(a) the product remains in the manufacturer's or registrant's original container; and

(b) the claims made for it, the directions for its use, and other labeling information does not differ in substance from the representations made in connection with the registration.

(7) If the name of a pesticide product is changed or there are changes in the product ingredients, a new registration is required. Other labeling changes do not require a new registration, but the registrant shall submit copies of any changes to the department as soon as they are effective.

(8) If a registered pesticide product is to be discontinued for any reason, except when suspended or canceled by the EPA, the licensee shall provide notice of discontinuation to the department.

(a) The department requires that a product be registered for a two-year discontinuation period starting from the date of the notice of discontinuation.

(b) If a product is found in commercial trade after the discontinuation period, the department shall require that the registrant register the product as outlined in Section 4-14-103.

(c) If a product is suspended or canceled by the EPA, the product shall be removed as quickly as reasonably possible from sale in Utah.

(9) The department may exempt, in its sole discretion, any pesticide that is determined either:

(a) to be adequately regulated by a federal agency; or

(b) to be of a character that is not subject to FIFRA.

(10) A registrant who desires to register a pesticide to meet special local needs pursuant to FIFRA Section 24(c) shall comply with Section 4-14-103.

(11) No registration is required for a pesticide distributed in Utah pursuant to an experimental use permit issued by the EPA or under Section 4-14-105.

(12) A registration fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid annually for each product.

(13) Each registration is renewed for a period of one year upon payment of the annual renewal fee determined by the department, pursuant to Subsection 4-2-103(2). The renewal fee shall be paid on or before June 30 of each year. If the renewal of a pesticide registration is not received before July 1 of each year, an additional fee determined by the department, pursuant to Subsection 4-2-103(2), shall be assessed and added to the original registration fee, and shall be paid by the applicant before the registration renewal for that pesticide will be issued.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-4 Product Labeling

(1) Each container of pesticide distributed in Utah shall bear a label showing the information set forth in Section 4-14- 104.

(2) Each pesticide label shall contain the statements, words, graphic material, and any other information required by the EPA in 40 CFR 156.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-5 Classification of Pesticides

(1) The department shall classify each pesticide product registered in Utah for either restricted use or general use according to standards consistent with FIFRA Section 3.

(2) The department may also classify other substances as pesticides or restrict the use of any substance as a pesticide if the department determines, in its sole discretion, that such a substance may pose a risk to the health or safety of the public or the environment.

(3) Restricted use pesticides shall not be used by any person that does not have a valid pesticide applicator license with the appropriate category for its use, except they may be used by:

(a) a pesticide handler, supervised by a certified pesticide applicator under the EPA WPS and who meets the qualifications in Subsection R68-7-6(6); or

(b) a pesticide handler acting upon an Emergency Use Permit issued under this rule.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-6 Certification of Pesticide Applicators

(1) A pesticide applicator shall be certified by the department as a commercial pesticide applicator, non-commercial pesticide applicator, or a private pesticide applicator.

(2) A pesticide applicator shall comply with FIFRA and Title 4, Chapter 14, Utah Pesticide Control Act.

(3) A pesticide applicator shall follow the directions on a pesticide product label.

(4) A pesticide applicator shall be at least 18 years of age.

(5) A certified pesticide applicator may use restricted use, general use, or any other classification of pesticide, including FIFRA Section 25(b) products.

(6) A person who is at least 16 years of age may apply restricted use pesticides while under the direct supervision of a certified pesticide applicator, who is also an immediate family member, according to the family exemption of the EPA WPS, if they only apply pesticides on the privately owned agricultural establishment of a certified pesticide applicator who is also an immediate family member.

(7) An EPA WPS trainer is a certified pesticide applicator of any type who trains workers and handlers in the WPS requirements under 40 CFR 170.

(8) An EPA WPS trainer may also be a graduate of an EPA approved WPS Train the Trainer Program, as set forth in 40 CFR 170.

(9) Commercial and non-commercial EPA WPS trainers shall have the Agricultural Pest Control: Plant pesticide category on their license, pursuant to Subsection R68-7-7(1)(a).

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-7 Pesticide Certification Categories

Pesticide applicators shall be certified by the department in one or more of the pest control categories defined in this section:

(1) Agricultural Pest Control.

(a) Plant. This category includes applicators applying pesticides to control pests in the production of agricultural crops including field crops, vegetables, fruits, pasture, rangelands, and non-crop agricultural lands.

(b) Animal. This category includes applicators applying pesticides on animals including beef and dairy cattle, swine, sheep, horses, goats, poultry, and to places on or in which animals inhabit. Doctors of veterinary medicine, or their employees, engaged in applying pesticides for hire, publicly representing themselves as pesticide applicators, or engaged in the use of pesticides, are included in this category.

(2) Forest Pest Control. This category includes applicators applying pesticides in forests, forest nurseries, and forest seed-producing areas.

(3) Ornamental and Turf Pest Control. This category includes applicators applying pesticides to control ornamental and turf pests in the maintenance and production of ornamental trees, shrubs, flowers and turf. This includes controlling pests on sidewalks, driveways, and other similar locations.

(4) Seed Treatment. This category includes applicators applying pesticides on seeds in seed treatment facilities.

(5) Aquatic Pest Control.

(a) Surface Water. This category includes applicators applying pesticides to control pests in standing or running water. This pesticide category does not include applicators engaged in public health related activities included in Subsection R68-7-7(8).

(b) Sewer Root Control. This category includes applicators applying pesticides to control roots in sewers or other related systems.

(6) Right-of-Way Pest Control. This category includes applicators applying pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas.

(7) Structural and Health Related Pest Control. This category includes applicators applying pesticides in, on, or around any public or private food handling establishment; dwelling, educational institution, or medical institution; industrial building; business establishment; packing house; food-processing facility; prison; manufacturing facility; grain elevator; or any other structure or area, or immediately adjacent structure or area, to control pests. This category excludes any pesticide applications included in Subsection R68-7-7(13) Fumigation Pest Control and Subsection R68-7-7(15) Wood Destroying Organisms Pest Control. This category includes applicators applying pesticides on vertebrate pests in buildings and structures, and immediately adjacent to, or no further than three feet from, buildings and structures. If the label for a structural pesticide permits the use of the pesticide more than three feet from the structure, then the pesticide may be used beyond three feet from the structure, but may not exceed the maximum distance permitted by the label.

(8) Public Health Pest Control.

(a) Commercial. This category is limited to commercial pesticide applicators who apply pesticides for the management and control of pests due to issues of medical and public health importance. This category is only valid when the pesticide applicator is actively contracted by a government entity, and is actively engaged in applying pesticides for that government entity.

(b) Non-Commercial. This category is limited to state and federal employees, county or city governments, or persons under their direct supervision, who apply pesticides in government-sponsored public health programs for the management and control of pests due to issues of medical and public health importance.

(9) Regulatory Pest Control. This category is limited to state and federal employees who:

(a) apply pesticides in a mechanical ejection device; or

(b) apply pesticides in a protective collar or other method to control regulated pests.

(10) Demonstration, Consultation, and Research Pest Control. This category includes applicators who demonstrate or provide instruction to the public in the proper use, techniques, benefits, and methods of applying restricted use pesticides. This category includes agricultural compliance specialists, educational and university personnel, commercial business representatives, consultants and advisors, and persons conducting field research with restricted use pesticides. In addition to certification in this pesticide category, individuals shall also meet specific standards that may be applicable to their particular pesticide category.

(11) Aerial Application Pest Control. This category includes applicators applying pesticides by airplane, drone, helicopter, or any other type of aircraft. Aerial applicators are required to be certified in the Aerial Application Pest Control category, along with any other applicable pest control category for any intended pesticide application. Aerial pesticide applicators shall also possess a valid commercial pilot license, or equivalent remote pilot certifications, issued by the Federal Aviation Administration (FAA).

(12) Vertebrate Animal Pest Control. This category includes applicators applying pesticides for the outdoor control of vertebrate pests, such as rodents, birds, bats, predators, or domestic animal pests. This category excludes any pesticide applications included in Subsection R68-7-7(9) Regulatory Pest Control, and specifically excludes the use of sodium cyanide and sodium fluoroacetate.

(13) Fumigation Pest Control.

(a) Stored Commodities. This category includes applicators applying fumigants to control pests in, on, or around stored grains, grain elevators, mills, structures, railroad cars, manufactured products, or similar areas or items.

(b) Structural. This category includes applicators applying fumigants to control pests while additionally tenting, sealing with filling, or completely enclosing a structure.

(14) Wood Preservation Pest Control. This category includes applicators applying preservative pesticides to wood products, such as fence posts, electrical poles, railroad ties, or any other form of wood product.

(15) Wood Destroying Organisms Pest Control. This category includes applicators applying pesticides to control wood destroying pests, termites, carpenter ants, wood-boring or tunneling insects, bees, wasps, wood-decaying fungi, and any other pests destroying wood products.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-8 Standards of Competence for Certification of Pesticide Applicators and Pesticide Businesses

(1) Pesticide applicators shall be at least 18 years of age to obtain a commercial, non-commercial, or private pesticide applicator license.

(2) The basic standards for certification of pesticide applicators have been established by the EPA, and shall be the minimum standards required for certification of pesticide applicators in Utah.

(3) Commercial and non-commercial pesticide applicators shall demonstrate competency and practical knowledge by successfully completing the written pesticide applicator core test and any additional pesticide category tests. The pesticide applicator tests shall include core standards applicable to each pesticide category, and the standards specifically identified for each pesticide category, or subcategory, as set forth in 40 CFR 171.103, and the EPA approved Utah State Pesticide Applicator Certification Plan, including;

(a) familiarity with pesticide labels and labeling and their functions, including each of the following:

(i) the general format and terminology of pesticide labels and labeling;

(ii) understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

(iv) understanding labeling requirements that a certified applicator must be physically present at the site of the application;

(v) understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;

(vi) understanding that applicators shall comply with any use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;

(vii) understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;

(viii) understanding and complying with product-specific notification requirements; and

(ix) recognizing and understanding the difference between mandatory and advisory labeling language;

(b) safety measures to avoid or minimize adverse health effects, including each of the following:

(i) understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(ii) understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) recognition of likely ways in which dermal, inhalation, and oral exposure may occur;

(iv) common types and causes of pesticide mishaps;

(v) precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) need for, and proper use of, protective clothing and personal protective equipment;

(vii) symptoms of pesticide poisoning;

(viii) first aid and other procedures to be followed in case of a pesticide mishap; and

(ix) proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;

(c) the potential environmental consequences of the use and misuse of pesticides, including the influence of each of the following:

(i) weather and other indoor and outdoor climatic conditions;

(ii) types of terrain, soil, or other substrate;

(iii) presence of fish, wildlife, and other non-target organisms; and

(iv) drainage patterns;

(d) the proper identification and effective control of pests, including each of the following:

(i) the importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and

(ii) verifying that the labeling does not prohibit the use of the product to control the target pests;

(e) characteristics of pesticides, including each of the following:

(i) types of pesticides;

(ii) types of formulations;

(iii) compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iv) hazards and residues associated with use;

(v) factors that influence effectiveness or lead to problems such as pesticide resistance; and

(vi) dilution procedures;

(f) application equipment, including each of the following:

(i) types of equipment and advantages and limitations of each type; and

(ii) use, maintenance, and calibration procedures;

(g) selecting appropriate application methods, including each of the following:

(i) methods used to apply various forms and formulations of pesticides;

(ii) knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, sodium cyanide, or sodium fluoroacetate requires additional certification;

(iii) how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and

(iv) prevention of drift and pesticide loss into the environment;

(h) knowledge of all applicable state, tribal, and federal laws and regulations.; and

(i) professionalism, including understanding the importance of each of the following:

(i) maintaining chemical security for restricted use pesticides;

(ii) how to communicate information about pesticide exposures and risks with customers and the public; and

(iii) appropriate product stewardship for certified applicators.

(4) The standards for commercial, non-commercial, and private applicators do not apply to the following persons for the purposes of this rule:

(a) persons conducting research involving restricted use pesticides who have received state approval;

(b) doctors of medicine and doctors of veterinary medicine applying pesticides, drugs, or medication during their normal practice, and who do not publicly represent themselves as pesticide applicators;

(c) persons using a general use disinfectant, sanitizer, or deodorizer commercially, and not for the control of insects, weeds, rodents, or similar pests, or use in settings outside of a structure; or

(d) persons using a general use fungicide for interior structural cleaning or interior structural mold remediation.

(5) Aerial Pesticide Applicator. An aerial pesticide applicator shall demonstrate competence and practical knowledge of aerial pest control in a wide variety of environments by successfully completing the aerial pesticide applicator test. Aerial pesticide applicators shall know the significance of drift, and of the potential for non-target injury and environmental contamination. Aerial pesticide applicators shall obtain the Aerial Application Pest Control category certification, along with any additional pesticide category certifications for which they shall apply pesticides. Aerial pesticide applicators shall comply with each standard set forth by the FAA, and shall submit proof of current registration with the FAA as an additional requirement for receiving an aerial pesticide applicator certification.

(6) Private Pesticide Applicator. A private pesticide applicator shall demonstrate competence and practical knowledge by successfully completing the private pesticide applicator test, and any required additional pesticide category tests. This knowledge shall include the basic standards for certification of private applicators set forth in 40 CFR 171.105. This includes:

(a) familiarity with pesticide labels and labeling and their functions, including each of the following:

(i) the general format and terminology of pesticide labels and labeling;

(ii) understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

(iv) understanding when a certified applicator shall be physically present at the site of the application based on labeling requirements;

(v) understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;

(vi) understanding that applicators shall comply with each use restriction and directions for use contained in pesticide labels and labeling, including being certified in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium fluoroacetate, if applicable;

(vii) understanding the meaning of product classification as either general or restricted use, and that a product may be unclassified;

(viii) understanding and complying with product-specific notification requirements; and

(ix) recognizing and understanding the difference between mandatory and advisory labeling language;

(b) safety measures to avoid or minimize adverse health effects, including each of the following:

(i) understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(ii) understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) recognition of likely ways in which dermal, inhalation, and oral exposure may occur;

(iv) common types and causes of pesticide mishaps;

(v) precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) need for, and proper use of, protective clothing and personal protective equipment;

(vii) symptoms of pesticide poisoning;

(viii) first aid and other procedures to be followed in case of a pesticide mishap; and

(c) the potential environmental consequences of the use and misuse of pesticides, including the influence of the following:

(i) weather and other climatic conditions;

(ii) types of terrain, soil, or other substrate;

(iii) presence of fish, wildlife, and other non-target organisms; and

(iv) drainage patterns;

(d) the proper identification and effective control of pests, including each of the following:

(i) the importance of correctly identifying target pests and selecting the proper pesticide product; and

(ii) verifying that the labeling does not prohibit the use of the product to control the target pests;

(e) characteristics of pesticides, including the following:

(i) types of pesticides;

(ii) types of formulations;

(iii) compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iv) hazards and residues associated with use;

(v) factors that influence effectiveness or lead to problems such as pesticide resistance; and

(vi) dilution procedures;

(f) application equipment, including each of the following:

(i) types of equipment and advantages and limitations of each type; and

(ii) uses, maintenance, and calibration procedures;

(g) selecting appropriate application methods, including each of the following:

(i) methods used to apply various forms and formulations of pesticides;

(ii) knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, or predator control device containing sodium cyanide or sodium fluoroacetate requires additional certification;

(iii) how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and

(iv) prevention of drift and pesticide loss into the environment;

(h) knowledge of each applicable state, tribal, and federal laws and regulations, including understanding the WPS and the circumstances where compliance is required;

(i) certified applicator responsibilities related to supervision of non-certified applicators, including each of the following:

(i) understanding and complying with requirements in 40 CFR 171.201 and 40 CFR 171.501 for private applicators who supervise non-certified applicators using restricted use pesticides;

(ii) providing use-specific instructions to non-certified applicators using restricted use pesticides under the direct supervision of a certified applicator; and

(iii) explaining appropriate state, tribal, and federal laws and regulations to non-certified applicators working under the direct supervision of a certified applicator;

(j) understanding stewardship and the importance of each of the following:

(i) maintaining chemical security for restricted use pesticides; and

(ii) how to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons;

(k) practical knowledge of pest control applications to agricultural commodities including each of the following:

(i) specific pests of relevant agricultural commodities;

(ii) how to avoid contamination of ground and surface waters;

(iii) understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas;

(iv) understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities; and

(v) relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

(7) A private pesticide applicator that functions in a supervisory role shall be responsible for the actions of any non- certified pesticide handlers under their instruction and control.

(8) A private pesticide applicator shall provide non-certified pesticide handlers under their supervision instructions on the EPA WPS pesticide handler applicator training, including 40 CFR 171.201 and 40 CFR 170.501, and keep records of having provided these instructions for a period of two years.

(9) A private pesticide applicator shall be physically present to supervise the application of any pesticide by a non- certified handler, if such presence is required by the label of the pesticide being applied.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-9 Commercial Pesticide Applicator Licensing and Certification Procedures

(1) Commercial Pesticide Applicator and Commercial Pesticide Business License Required.

(a) Each person performing the physical act of applying a pesticide, shall be certified by the department and have a valid license issued by the department. No person shall apply, advertise for, solicit, or hold oneself out as willing to engage in the business of applying any pesticide for hire or compensation to the land or property of another at any time without becoming certified as a pesticide applicator, obtaining a commercial pesticide applicator license, and:

(i) obtaining a commercial pesticide business license, as described in Section 4-14-111 issued by the department; or

(ii) working for a company that has already obtained a commercial pesticide business license.

(b) The fees for a commercial pesticide applicator license and a commercial pesticide business license, shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.

(c) A commercial pesticide applicator license is required for any individual who applies pesticides for a commercial business. No person shall purchase, use, or demonstrate the use of, any restricted use pesticide, or shall apply any pesticide for a commercial business, without becoming certified and obtaining a commercial pesticide applicator license issued by the department.

(2) An applicant for a commercial pesticide applicator license shall:

(a) complete an application on the department's website or on forms prepared and provided by the department;

(b) pay the licensing fees; and

(c) a license will only be issued after the applicant has successfully passed the required pesticide applicator tests to become certified, or after recertifying according to the Continuing Education Unit (CEU) requirements.

(3) A testing fee, retest fee, or any related fee, may be determined by department approved testing centers, according to their own individual policies.

(4) An applicant for a commercial pesticide business license shall:

(a) complete an application form provided by the department;

(b) pay the licensing fee;

(d) demonstrate good character; and

(e) provide evidence that the owner or qualifying party:

(i) is a certified pesticide applicator in Utah;

(ii) is not a designated qualifying party or employee with any other pesticide applicator business;

(iii) has been a certified pesticide applicator for at least two years out of the ten years immediately before the date of the commercial pesticide business application; or

(iv) holds an associate degree, or higher, in horticulture, agricultural sciences, biological sciences, pest management, or a related and relevant science degree.

(f) A person applying for a commercial pesticide business license may be exempted from the two year certification requirement if the individual's and entity's sole use of pesticides is limited to:

(i) providing ornamental and turf herbicide spot treatment services as part of a lawn maintenance service; and

(ii) using herbicides with labels that contain the signal word "caution" or "warning."

(g) A commercial pesticide business operating under more than one business identity or name, from a single business location, shall be licensed separately for each business identity or name.

(h) A commercial pesticide business with a single business identity or name, but operating from more than one business location, shall be licensed at each separate business location. Business locations that are used only for pesticide storage and mixing purposes are exempt from licensing requirements, but shall be disclosed to the department.

(i) The department may require a commercial pesticide business license applicant to change their requested business name. This may occur if the applicant requests a business name that is the same, or closely resembles, the name of a currently licensed commercial pesticide business. The department may additionally require a commercial pesticide business, or commercial pesticide business license applicant, to change their business name if the business name could reasonably cause public confusion, public alarm, or public offense. Any determination made pursuant to this subsection shall be at the sole discretion of the department in coordination with the state Division of Corporations. The purpose of this subsection is to ensure compliance with current guidance from the Division of Corporations. The department shall prioritize licensing a business name that is registered with the Division of Corporations.

(j) Each licensed commercial pesticide business location shall have a minimum of one certified commercial pesticide applicator at that location who is certified in each pesticide category for which pesticide applications are made.

(k) A franchised commercial pesticide business licensee shall have a separate commercial pesticide business license and a separate certified commercial pesticide applicator at each business location. Additionally, franchised businesses shall be distinctly identifiable from one another, to avoid departmental and public confusion, by adding unique words or numbers to distinguish the different businesses.

(l) If a commercial pesticide business licensee uses a Doing Business As (DBA) name, it shall be listed on the pesticide business application along with the company name. A business may list more than one assumed name on a single registration application. Any DBA shall be registered and active with the Division of Corporations.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-10 Commercial Pesticide Applicator and Commercial Pesticide Business Testing Procedures

(1) Commercial Pesticide Applicator Testing. To become certified, an applicant for a commercial pesticide applicator license shall demonstrate competency and knowledge of pesticide applications, laws, and other relevant subjects by successfully completing the required pesticide applicator tests and department application forms. Each pesticide applicator test shall be proctored at a department approved testing center.

(a) An applicant shall first pay any licensing fees to the department, and obtain a receipt of license payment.

(b) An applicant shall find a testing center from a list of approved testing centers on the department's website.

(d) Fees for testing may be established and charged by the testing center, including those operated by the department.

(e) An applicant may acquire study materials from the department website or purchase them from a separate vendor.

(f) An applicant shall present their receipt of license payment from the department, and valid government issued identification, to the proctor at the applicant's chosen testing center.

(g) Cheating, ejection from testing, or failure to follow the rules of the department or testing center shall, at the discretion of the department, constitute a violation of this rule and may serve as a basis for a denial of a license application. Applicants are subject to state and federal law and department rules and policies regardless of whether the applicant successfully passes or not.

(h) The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted.

(i) At least one pesticide category test shall be taken and successfully completed with a minimum score of 70% before a license may be obtained.

(j) The steps to recertify solely by testing are the same as for an initial applicant. The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted.

(k) Upon the successful completion of the appropriate pesticide applicator tests, the applicant shall complete the department's completion form, which can be found online in the testing program.

(l) When the completion form has been submitted, a license may be issued.

(m) The rules of a testing center, if more restrictive than those of the department, shall take precedence over those of the department during the administration of pesticide applicator tests.

(n) If the minimum score of 70% is not obtained after two attempts, the person taking the tests shall wait at least 24 hours, pay any additional retest fees to the testing center, and begin retesting on any failed tests.

(2) Commercial Pesticide Business Testing. The test shall be taken by the owner, principal agent, manager, or designated qualifying party, and that individual shall be bound by the rules for a commercial pesticide business contained in Subsection R68-7-10(1).

(a) Business license tests may be taken on any computer with internet access.

(b) In the event the individual taking the test does not successfully pass the test with a minimum score of 70%, a commercial pesticide business license shall not be issued.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-11 Commercial Pesticide Applicator and Commercial Pesticide Business License Issuance

(1) A temporary pesticide applicator permit shall be issued automatically by email following the successful completion of the pesticide applicator core test in conjunction with each pesticide category test and provided each other department requirement is met. The temporary permit will expire 30 days from the date it was issued. The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted. A temporary pesticide applicator permit is invalid if only the pesticide applicator core test is successfully completed and no additional pesticide category test is successfully completed.

(2) The pesticide applicator and pesticide business is responsible for verifying that their license has been processed by the department.

(3) A commercial pesticide applicator license or a commercial pesticide business license shall be issued when the following conditions have been met:

(a) the applicant has submitted an application form to the department;

(b) any required fees have been paid;

(d) the applicant has successfully passed the appropriate tests to apply pesticides in the classifications and categories for which they have applied; and

(e) the applicant for the qualifying party for the pesticide business license meets the requirements in Section 4-14-111.

(4) A commercial pesticide applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, which may include any combination of the unlawful acts listed in Section R68-7-20.

(5) If an application for a commercial pesticide applicator license or commercial pesticide business license is denied, the applicant shall be informed of the reason by email or mail.

(6) A pesticide applicator shall have their license in their immediate possession when making a pesticide application.

(7) If a pesticide applicator requests a duplicate license from the department, a fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid. The pesticide applicator must be in good standing, having no unresolved violations or fines, before a replacement license shall be issued.

(8) A commercial pesticide business license shall be required for each commercial pesticide business location, other than locations used only to store and load pesticides.

(9) A new commercial pesticide applicator or commercial pesticide business license applicant who completes an application completed between November 1 and December 31 shall be licensed for the remainder of that year and the following three calendar years.

(10) Commercial Pesticide Applicator and Commercial Pesticide Business License Recertification and Renewal.

(a) Each commercial pesticide applicator and commercial pesticide business license shall expire on December 31 of the third calendar year following its issuance.

(b) Commercial pesticide applicators shall recertify before their license expires, and may be subject to re-examination at any time during their valid license period.

(i) completion of the original certification process by taking the required pesticide core and pesticide category tests and successfully completing each required test with a minimum score of 70%; or

(ii) participation in approved CEUs and accumulating the required amount of 24 total CEU credits during the licensure period. A minimum of two credits in law, six in safety, and ten in pesticide use are required, while any combination of the three categories may be used for the remaining six credits.

(d) The qualifying party for a commercial pesticide business shall complete the related commercial pesticide business test every three years.

(11) Records Maintained. Commercial applicators shall keep and maintain records of any pesticide applications.

(a) These records shall be recorded within 24 hours after the pesticide application is made.

(b) The application records shall include the following information:

(i) the name and address of the person or entity for whom the pesticide is applied;

(ii) the address of the pesticide application location, if the pesticide application location differs from Subsection R68- 7-11(11)(a)(i) ;

(iii) the total square footage or total size of the area to be treated with pesticides;

(iv) a description of the specific target sites, crops, commodities, or stored products at the pesticide application location to which any pesticides are applied;

(v) the time and date, including the month, day, and year when the pesticide was applied;

(vi) the brand name of the pesticides, EPA registration number, and mix rate for any pesticides applied;

(vii) the total amount of pesticides, including diluted or ready-to-use (RTU) pesticides, applied per location and per application;

(viii) the purpose of the pesticide application, the pesticide target site, and pest to be treated;

(ix) the name, commercial pesticide business address, and commercial pesticide applicator license number of the certified commercial pesticide applicator who applied the pesticides; and

(c) Records shall be kept for a period of at least two years from the date of the pesticide application and shall be available for inspection by the department upon request.

(d) Records shall be furnished in a uniform format.

(12) Notwithstanding the requirements of this section, the department may give consideration to political subdivisions of the state, or a non-profit organization, regarding their need to obtain a commercial pesticide business license or the requirement of their applicators to obtain a commercial pesticide applicator license.

(a) Consideration shall be given to political subdivisions if their charter includes a fee for pesticide services or products.

(b) Non-profit organizations may not need to obtain the commercial pesticide business license or the commercial pesticide applicator license to receive reimbursement for applications made on public land owned by the federal government or the state.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-12 Non-Commercial Pesticide Applicators

(1) Non-Commercial Pesticide Applicator License Required.

(a) A non-commercial pesticide applicator license is required for applying restricted use pesticides for a city, county, state, or federal government entity, or for corporations, businesses, or any other entity that does not require a commercial pesticide applicator license.

(b) No person shall purchase, use, or demonstrate the use of any restricted use pesticide without becoming certified and obtaining a non-commercial pesticide applicator license issued by the department.

(c) Each person performing the physical act of applying restricted use pesticides shall be certified and have a valid non-commercial pesticide applicator license.

(2) Non-Commercial Pesticide Applicator Application and Fee Requirements. The fees for a non-commercial pesticide applicator license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.

(a) An application for a non-commercial pesticide applicator license shall be made on the approved department form.

(b) A non-commercial pesticide applicator license shall only be issued after the applicant has successfully passed the required pesticide applicator tests, or after recertifying according to CEU requirements.

(c) Each individual performing the physical act of applying restricted use pesticides shall be licensed as a non- commercial pesticide applicator.

(d) A testing fee, retest fee, or any related fee, may be determined by approved testing centers, according to their own individual policies.

(3) Non-Commercial Pesticide Applicator Initial Certification.

(a) Fees for testing may be established and charged by any testing center, including those operated by the department.

(b) The applicant may acquire any necessary study materials from the department website.

(4) Non-Commercial Pesticide Applicator Testing Procedures.

(a) A new applicant for a non-commercial pesticide license shall demonstrate competency and knowledge of pesticide applications, laws, and other relevant subjects by successfully completing the approved pesticide applicator tests and department application forms. Pesticide applicator tests shall be proctored at approved testing centers.

(b) An applicant for a non-commercial pesticide applicator license shall first pay licensing fees to the department, and obtain a receipt of license payment.

(c) An applicant for a non-commercial pesticide applicator license shall find a testing center from a list of approved testing centers on the department's website.

(d) An applicant for a non-commercial pesticide applicator license shall present their receipt of license payment from the department, and valid government issued identification, to the proctor at the applicant's chosen testing center.

(e) Cheating, ejection from testing, or failure to follow the rules of the department or testing center shall, at the discretion of the department, constitute fraud under these rules. Applicants are subject to this rule, regardless of whether the applicant successfully passes or not.

(f) The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted.

(g) At least one pesticide category test must be taken and successfully completed with a minimum score of 70% before a non-commercial pesticide applicator license may be obtained.

(h) The steps to recertify solely by testing are the same as for an initial applicant. The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted.

(i) Upon the successful completion of the appropriate pesticide applicator tests, the applicant shall complete the department's completion form, which can be found online in the testing program.

(j) The rules of a testing center, if more restricting than those of the department, shall take precedence over those of the department during the administration of the pesticide applicator tests.

(k) If the minimum score of 70% is not obtained after two attempts, the person taking the tests must wait 24 hours, pay any additional retest fees to the testing center, and begin retesting on any failed tests.

(5) Non-Commercial Pesticide Applicator Certification Tests and Review. The pesticide applicator tests and methods of testing shall be determined and approved by the department. The review of applications shall be made by the department for determining eligibility.

(6) Non-Commercial Pesticide Applicator License Issuance.

(a) A temporary pesticide applicator permit shall be issued automatically by email for the successful completion of the pesticide applicator core test and each pesticide category test and provided each other department requirement is met. The temporary permit will expire 30 days from the date it was issued. The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted. A temporary pesticide applicator permit is not valid if only the pesticide applicator core test is successfully completed, and no additional pesticide category test is successfully completed.

(b) The pesticide applicator is responsible to verify their license is processed by the department.

(i) an application form has been submitted to the department;

(ii) any fees have been paid;

(iii) the applicant is in good standing with the department; and

(iv) the applicant has successfully passed the appropriate tests to apply pesticides in the classifications for which they have applied

(d) The non-commercial pesticide applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, which may include any combination of the unlawful acts given in Section R68-7-20.

(e) If an application for a non-commercial pesticide applicator license is denied, the applicant shall be informed of the reason by email or mail.

(f) A pesticide applicator shall have their license in their immediate possession when making a pesticide application.

(g) If the pesticide applicator requests a duplicate license from the department, a fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid. The pesticide applicator must also be in good standing, having no unresolved violations or fines, before a replacement license shall be issued.

(h) A new non-commercial pesticide applicator application completed between November 1 and December 31 of the same year shall be licensed for the remainder of that year and the following three calendar years.

(7) Non-Commercial Pesticide Applicator License Recertification and Renewal.

(a) Each non-commercial pesticide applicator license shall expire on December 31 of the third calendar year following its issuance.

(b) Non-Commercial pesticide applicators must recertify before their license expires, and may be subject to re- examination at any time during their valid license period.

(i) completion of the original certification process by taking the required pesticide core and pesticide category test and successfully completing each required test with a minimum score of 70%; or

(ii) participate in approved CEUs and accumulate the required amount of 24 total CEU credits during the valid license time period. A minimum of two credits in law, six in safety, and ten in pesticide use are required, while any combination of the three categories may be used for the remaining six credits.

(8) Records Maintained. Non-Commercial applicators shall keep and maintain records of any restricted use pesticide applications.

(a) These records shall be recorded within 24 hours after the pesticide application is made.

(b) The application records shall include the following information:

(i) the name and address of the person for whom the restricted use pesticide is applied;

(ii) the address of the restricted use pesticide application location, if the pesticide application location differs from the location provided pursuant to Subsection R68-7-12(8)(b)(i);

(iii) the complete square footage of the area to be treated with restricted use pesticides;

(iv) the specific sites at the pesticide application location to which any restricted use pesticides are applied;

(v) the time and date, including the month, day, and year when the restricted use pesticide was applied;

(vi) the brand name of the restricted use pesticides, EPA registration number, and mix rate for any restricted use pesticides applied;

(vii) the total amount of restricted use pesticides, including diluted or ready-to-use (RTU) pesticides, applied per application;

(viii) the purpose of the restricted use pesticide application, the pesticide target site, and pest to be treated; and

(ix) the name and non-commercial pesticide applicator license number of the certified non-commercial pesticide applicator who applied the pesticides.

(c) Records shall be kept for a period of at least two years from the date of the pesticide application and shall be available for inspection by the department , upon request.

(d) Records shall be furnished in a uniform format.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-13 Private Pesticide Applicators

(1) Private Pesticide Applicator License Required.

(a) A private pesticide applicator license is required for applying restricted use pesticides on the owned, rented, or leased agricultural property of an individual. No person shall purchase, use, demonstrate the use of, or supervise the use of any restricted use pesticide without becoming certified and obtaining a private pesticide applicator license issued by the department. Each person performing the physical act of applying restricted use pesticides shall be 18 years of age, or older, and possess a valid private pesticide applicator license, except:

(i) a person of at least 16 years of age may apply restricted use pesticides while under the direct supervision of a certified pesticide applicator, who is also an immediate family member, according to the family exemption of the EPA WPS, and only applies pesticides on the privately owned agricultural establishment of a certified pesticide applicator who is also an immediate family member; or

(ii) any person, 18 years of age, or older, employed by, or working on, a privately owned, rented, or leased agricultural property who has been trained by an actively certified Utah pesticide applicator, or trainer that has successfully completed an EPA approved Train the Trainer course, and has been instructed on the requirements of the EPA WPS for pesticide handlers.

(b) A private pesticide applicator is considered as having each of the agricultural-related pesticide categories on their license, specifically; Agricultural Pest Control: Plant, Agricultural Pest Control: Animal, Forest Pest Control, Ornamental and Turf Pest Control, Aquatic Pest Control: Surface Water, Structural and Health Related Pest Control, and Vertebrate Pest Control. A private pesticide applicator shall successfully complete the respective pesticide applicator tests for any additional pesticide categories before applying any pesticides restricted by those categories.

(c) Issuance of a private pesticide applicator license shall be conditioned upon the applicant complying with the certification requirements determined by the department as necessary to prevent unreasonable adverse effects on the environment, and to prevent unreasonable injury to any person. A private pesticide applicator license certifies the applicator to give instructions on the EPA WPS to the workers and pesticide handlers of a private agricultural establishment.

(d) Private Pesticide Applicator Application and Fee Requirements. The fees for a private pesticide applicator license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.

(i) Applications for a private pesticide applicator license shall be made on the approved department form and shall be submitted to the department along with the required fee. A license will only be issued after the applicant has successfully passed the required pesticide applicator tests, or after recertifying according to the CEU requirements.

(ii) A testing fee, retest fee, or any related fee, may be determined by approved testing centers, according to their own individual policies.

(2) Private Pesticide Applicator Initial Certification.

(a) Fees for testing may be established and charged by any testing center, including those operated by the department.

(b) The applicant may acquire any necessary study materials from the department website.

(3) Private Pesticide Applicator Testing Procedures.

(a) A new applicant for a private pesticide license must be 18 years of age, or older, and shall demonstrate competency and knowledge of pesticide applications, laws, and other relevant subjects by successfully completing the approved private pesticide applicator test and department application forms. Each pesticide applicator test shall be proctored at an approved testing center.

(b) An applicant for a private pesticide applicator license shall first pay any licensing fees to the department, and obtain a receipt of license payment.

(c) An applicant for a private pesticide applicator license shall find a testing center from a list of approved testing centers on the department's website. A test may also be proctored by a local Utah State University Extension agent.

(d) An applicant for a private pesticide applicator license shall present their receipt of license payment from the department, and valid government issued identification, to the proctor at the applicant's chosen testing center.

(e) Cheating, ejection from testing, or failure to follow the rules of the department or testing center shall, at the discretion of the department, constitute fraud under this rule. Applicants are subject to this rule, regardless of whether the applicant successfully passes or not.

(f) The private pesticide applicator test must be successfully completed with a minimum score of 70%, before any additional pesticide category tests may be attempted.

(g) The private pesticide applicator test must be taken and successfully completed with a minimum score of 70% before a private pesticide applicator license may be obtained.

(h) Upon the successful completion of the appropriate pesticide applicator tests, the applicant shall complete the department's completion form, which can be found online in the testing program.

(i) The steps to recertify solely by testing are the same as for an initial applicant. The private pesticide applicator test must be successfully completed with a minimum score of 70%, before any additional pesticide category tests may be attempted.

(j) Upon the successful completion of the private pesticide applicator test, the applicant shall complete the department's completion form, and the department's pesticide applicator application form, online.

(k) The rules of a testing center, if more restricting than those of the department, shall take precedence over those of the department during the administration of the pesticide applicator tests.

(l) If the minimum score of 70% is not obtained after two attempts, the person taking the tests must wait 24 hours, pay any additional retest fees to the testing center, and begin retesting on any failed tests.

(4) Private Pesticide Applicator Certification Tests and Review. The pesticide applicator tests and methods of testing shall be determined and approved by the department. The review of applications shall be made by the department for determining eligibility.

(5) Emergency Use Permit. An individual may be able to acquire an Emergency Use Permit which allows a single individual, at a singular location, the permission to apply a restricted use pesticide in a situation determined to be an emergency by the department.

(a) Determination is at the sole discretion of the department.

(b) Any subsequent purchase of any restricted use pesticide, or additional pesticide application of any restricted use pesticide, or use of any restricted use pesticide by the individual obtaining the Emergency Use Permit is not allowed without the written consent of the department.

(d) An Emergency Use Permit issued by the department shall be in accordance with 40 CFR 166.

(6) Private Pesticide Applicator License Issuance.

(a) A temporary pesticide applicator permit shall be issued automatically by email for the successful completion of the private pesticide applicator test and each pesticide category test and provided each other department requirement is met. The temporary permit will expire 30 days from the date it was issued. The private pesticide applicator test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted.

(b) The pesticide applicator is responsible to verify their license is approved by the department.

(i) the applicant has successfully passed the appropriate tests to apply pesticides in the classifications for which they have applied;

(ii) any fees have been paid; and

(iii) the applicant is in good standing with the department.

(d) The private pesticide applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, as set forth in Section R68-7-20.

(e) If an application for a private pesticide applicator license is denied, the applicant shall be informed of the reason by email or mail.

(f) A pesticide applicator shall have their license in their immediate possession when making a pesticide application.

(g) Duplicate licenses from the department are available for a fee as set forth in Subsection 4-2-103(2). The pesticide applicator shall also be in good standing with the department, and have no unresolved violations or fines, before a replacement license may be issued.

(h) A new private pesticide applicator application completed between November 1 and December 31 of the same year shall be licensed for the remainder of that year and the following three calendar years.

(7) Private Pesticide Applicator License Recertification and Renewal.

(a) Each private pesticide applicator license shall expire on December 31 of the third calendar year following its issuance.

(b) Private pesticide applicators shall complete required recertifications before their license expires, and may be subject to re-examination at any time during their valid license period.

(i) completion of the original certification process by taking the required pesticide core and pesticide category test and successfully completing each required test with a minimum score of 70%; or

(ii) participation in approved CEUs and accumulate the required amount of six total CEU credits during the valid license time period. A minimum of one credit in Law, one in Safety, and one in pesticide use are required, while any combination of the three categories may be used for the remaining three credits.

(8) Records Maintained. Private pesticide applicators shall keep and maintain records of any restricted use pesticide applications, and of any pesticide applications required by WPS.

(a) These records shall be recorded within 24 hours after the pesticide application is made.

(b) The application records shall include the following information:

(i) If the licensee is subject to WPS, the location of any pesticide applications, detailing the address, the metes and bounds, GPS coordinates, or a map showing the number of applications and the sites treated;

(ii) If the licensee is not subject to the WPS, the location of any restricted use pesticide applications, detailing the address, the metes and bounds, GPS coordinates, or a map showing the number of applications and the sites treated;

(iii) the complete size description of the pesticide application area, using either acres, square footage, section, or other legally descriptive and easily understandable terms common to the industry;

(iv) the specific sites at the pesticide application location to which any restricted use pesticides are applied;

(v) the time and date of the pesticide application, including the month, day, and year when the restricted use pesticide was applied, and the pesticide application start and end times;

(vi) the pesticide product name, as it is written on the pesticide label, of the restricted use pesticides, the EPA registration number, and mix rate for any restricted use pesticides applied;

(vii) the active ingredient of the restricted use pesticide;

(viii) the total amount of restricted use pesticides, including diluted or RTU pesticides, applied per application;

(ix) the amount of restricted use pesticide used per acre or square feet;

(x) the purpose of the restricted use pesticide application, the pesticide target site, the pesticide target pest, and, if applicable, the crop to be treated;

(xi) the duration, or length of time, required for the restricted entry interval:

(xii) the name and pesticide applicator license number of the certified pesticide applicator who applied the pesticides, or who directly supervised the use of any restricted use pesticides; and

(xiii) the name of any individual who applied pesticides under the exemptions provided in Subsection R68-7- 13(1)(a)(i) or Subsection R68-7-13(1)(a)(ii).

(c) Records shall be kept for a period of at least two years from the date of the pesticide application and shall be made available for inspection by the department, within 48 hours of a request.

(d) Pesticide application records provided by any commercial pesticide business to the agricultural establishment shall also be kept for two years, and will provide the same information required by Subsection R68-7-13(8).

(e) Records shall be kept recording the maintenance history of pesticide application equipment, any respirator medical information, respirator fit testing, and any other records required by the label of the product used or by EPA WPS.

(f) Records shall be kept in a uniform format.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-14 Other Individuals

(1) Employees of Federal Agencies.

(a) Federal government employees requesting to be a pesticide applicator in Utah shall be required to certify as a non- commercial pesticide applicator by successfully passing the written pesticide applicator core test and any applicable pesticide category tests. Federal government employees who possess a valid and current pesticide applicator license from another state may be exempt, and a reciprocal pesticide applicator license may be issued.

(b) Any federal government agency with an EPA approved pesticide applicator certification plan that meets or exceeds the Utah pesticide applicator certification standards may qualify for reciprocal pesticide applicator certification in Utah.

(c) Federal government employees requesting reciprocal licensing status shall apply to the department and confirm that the application is approved before conducting any activities under this rule or Title 4, Chapter 14, Utah Pesticide Control Act.

(2) Certification of Out-of-State Applicants.

(a) An out-of-state pesticide applicator may apply as a Utah pesticide applicator by taking the applicable Utah pesticide applicator tests in their respective state. Out-of-state proctors shall be approved by the department and the pesticide applicator applicant shall bear the costs involved with out-of-state testing and licensing.

(b) If a pesticide applicator possesses a current and valid pesticide applicator certification from another state, and requests to apply pesticides in Utah, they shall complete the proper application process to the department, including:

(i) payment of any required fees;

(ii) a true copy of the applicant's credentials, both front and back, as proof of certification in the applicant's state of residence;

(iii) a front and back copy of their government issued identification; and

(iv) a letter of good standing, or other acceptable government documents, from the applicant's state pesticide licensing program, sent directly to the department by the licensing entity, specifically stating the applicant is in good standing and is currently licensed as a pesticide applicator in that state.

(c) The department may, upon review of the applicant's required credentials and other materials, issue a Utah Pesticide Applicator License to the applicant in accordance with the pesticide categories or pesticide use situations for which the applicant is certified in another state, without requiring testing.

(d) Out-of-state pesticide applicators who apply pesticides in Utah shall be subject to Utah law.

(3) Changes to License Information.

(a) Each certified commercial, non-commercial, and private pesticide applicator shall notify the department of any change to the pesticide applicator's name, address, phone number, email address, or change of employer within 30 calendar days of the change. Failure to do so shall be considered a violation of this rule.

(b) Each commercial pesticide business and RUP dealer shall notify the department of any changes including ownership, company name, owner or manager's name, company address, phone number, email address, or any other required information, within 30 calendar days of the change. Failure to do so shall be considered a violation of this rule.

(c) Business licenses are non-transferable, and in the case of a change of business ownership, a new application is required, along with the payment of any associated fees.

(i) The department shall determine if the name on the license may be retained by the new owner.

(ii) The department shall determine the necessary fees for a new license.

(iii) The new owner shall either qualify as the qualifying party or have an employee of the business that qualifies as a qualifying party. The qualifying party for the business must be an employee of the business as defined in Section 4-14-102, and not a contractor or third party. The qualifying party may not be the designated qualifying party, or employee, of another pesticide applicator business.

(d) The designated representative for a pesticide business license applicant shall meet the requirements of this section, including taking any applicable tests.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-15 Restricted Use Pesticide Dealer Licensing

Restricted Use Pesticide Dealer License Required.

(1) It is unlawful for any person to act, represent, or advertise themselves as a restricted use pesticide dealer at any time without obtaining a restricted use pesticide dealer license.

(a) A separate license is required for each individual business location in the state where restricted use pesticides are sold or distributed.

(b) Any manufacturer, registrant, or distributor who has no restricted use pesticide dealer business licensed within this state, and who distributes a restricted use pesticide directly into Utah, shall obtain a restricted use pesticide dealer license for their principal out-of-state business location.

(c) Any manufacturer, registrant, or distributor who sells only through, or to, a pesticide dealer, is not required to obtain a restricted use pesticide dealer license.

(2) Restricted Use Pesticide Dealer License Issuance. Applications for a restricted use pesticide dealer license shall be on the approved department form. The fees for a restricted use pesticide dealer license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.

(a) The applicant shall certify on the application that the business understands and recognizes the rules concerning the sale of restricted use pesticides and the records that shall be kept and maintained for two years.

(b) The applicant shall take online training before the initial issuance of their license and with every renewal. If a new manager is hired, the manager shall take online training.

(c) If the department finds the applicant qualified to sell or distribute restricted use pesticides, and the applicant has paid any required licensing fees, the department may issue a restricted use pesticide dealer license. The restricted use pesticide dealer license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, as set forth in Section R68-7-20.

(3) Restricted Use Pesticide Dealer License Renewal. Renewal fees for a restricted use pesticide dealer license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504. If a restricted use pesticide dealer fails to complete and submit the necessary renewal forms and certifications to the department before the end of their license expiration date, a late fee may be assessed and added to the renewal fee, in accordance with Subsection 4-2-103(2) and Section 63J-1-504.

(4) Records Maintained. Each licensed restricted use pesticide dealer location shall keep a record of any restricted use pesticide sales. This restricted use pesticide sales record shall be submitted to the department on the department's website, and shall contain the following information:

(a) the company name of the restricted use pesticide dealer;

(b) the store or location name of the restricted use pesticide dealer making the sale;

(d) the expiration date of the certified pesticide applicator's certification or license;

(e) the categories in which the pesticide applicator is certified relevant to the pesticides sold;

(f) the complete date of the sale, including the month, day, and year;

(g) the first and last name of the individual who made the sale;

(h) the brand name of the restricted use pesticide sold, the complete EPA registration number of the restricted use pesticide, and the quantity sold;

(i) the restricted use pesticide product container size;

(j) the first and last name of the certified pesticide applicator who made the purchase;

(k) the complete pesticide applicator license number of the certified pesticide applicator who made the purchase; and

(l) the complete address and contact information of the certified pesticide applicator who made the purchase, including street name and house number, city, state, zip code, phone number, and email address.

(m) If the individual who purchased the restricted use pesticide was authorized by letter, the authorization letter shall be kept on file for a minimum of two years. The authorization letter shall contain the name, pesticide applicator license number, signature of the pesticide applicator who wrote the authorization letter, and the full name of the individual being authorized to purchase the restricted use pesticide. The authorization letter may only be used once per restricted use pesticide purchase. The restricted use pesticide dealer shall verify the information contained in the authorization letter, and shall verify the identity of the authorized individual by a government issued identification.

(n) If the individual who purchased the restricted use pesticide used a temporary pesticide applicator permit, a copy of the temporary pesticide applicator permit shall be kept on file for a minimum of two years.

(o) Records shall be kept for a period of two years from the date of the restricted use pesticide sale, and shall be made available for inspection by the department. The department, upon request and within two business days, shall be furnished a copy of any sales records completed by the restricted use pesticide dealer.

(5) Submission of Electronic records. On or before July 1 of each year, restricted use pesticide dealers are required to submit their restricted use pesticide sales records for the period starting the previous July 1 through June 30 of the current year.

(6) Exemption. Section R68-7-15 shall not apply to a certified pesticide applicator who sells restricted use pesticides only as an integral part of their commercial pesticide application business services when the pesticides are dispensed only through their equipment used for pesticide application.

(7) Restricted Use Pesticide Dealers Responsible for the Acts of Their Employees. Each restricted use pesticide dealer shall be responsible for the acts of each person under their employ in the solicitation and sale of restricted use pesticides, and any claims and recommendations for the use of restricted use pesticides. A restricted use pesticide dealer license may be subject to denial, suspension, or revocation for any violation of Title 4, Chapter 14, Utah Pesticide Control Act or rules promulgated thereunder, whether committed by the restricted use pesticide dealer or by the dealer's officer, agent, or employee.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-16 Responsibilities of Pesticide Applicator Businesses and Pesticide Applicators

(1) Pesticide Applicator Business Duties and Responsibilities.

(a) A pesticide applicator business shall ensure the qualifying party of the business, as described in Section 4-14-111, receives the training the qualifying party requires to comply fully with state law, individual pesticide label restrictions, and any applicable labeling directions.

(b) Evidence of any pesticide training and attendance shall be recorded and kept on file, and shall include the name of the employee, their respective pesticide applicator license number, the pesticide topics and specific products covered, and the signatures of the trainees and the trainer. The agenda and copies of the pesticide training material shall be retained for two years after the termination of any employee.

(c) It is the business owner's responsibility to verify that each employed pesticide applicator is properly certified in the appropriate pesticide categories.

(d) Each pesticide service vehicle shall carry complete, appropriate, legible, and up-to-date labels for each pesticide applied directly from that pesticide service vehicle.

(i) Original labels are preferred, and it is prohibited to remove any label from any container still containing any pesticide concentrate.

(ii) If any pesticide labels are printed from an internet source, the revision number or date should be verified with the label on the container to ensure the correct version is used.

(iii) Electronic copies of labels are not acceptable.

(2) Responsibilities of the pesticide business and employees.

(a) A pesticide business, their qualifying party, or their pesticide applicator may be held responsible for the acts or omissions of an employee of the pesticide business. It is the responsibility of the pesticide business to properly train, equip, and prepare their employees, and to maintain records of employee training and equipment.

(b) Failure to respond to or fully disclose information pursuant to any requests by the department within two business days, for information relating to the training and equipment of a pesticide business and their employees shall be evidence of a failure to properly train or equip. The pesticide business owner, qualifying party, or designated pesticide business supervisor has the burden of proof by a preponderance of the evidence that the pesticide business, qualifying party, or pesticide business employee has fulfilled the required duties as prescribed by this rule or a written order of the department.

(3) Use of pesticide business name and license number.

(a) A pesticide business shall prominently display the pesticide business license issued by the department at the primary pesticide business office and at each branch office.

(b) In addition to the requirements of Subsection R68-7-16(3)(a), a pesticide business shall prominently display the pesticide business name and corresponding license number, as recorded on the license issued by the department, on:

(i) customer proposals or contracts that include pest management services;

(ii) service records and service notifications; and

(iii) pesticide business service vehicles and trailers used in providing pest management services.

(c) Pesticide business names and corresponding license numbers displayed on a pesticide business service vehicle or trailer used in providing pest management services shall conform to the following:

(i) are affixed to the service vehicle or trailer used in providing pest management services within 30 days after the department issues the license, or issues a business license change, or after the service vehicle or trailer is acquired, whichever is sooner;

(ii) are in a color that contrasts with the color of the service vehicle and trailer;

(iii) are prominently displayed on both sides of the service vehicle or trailer;

(iv) use at least two-inch letters for the principal words in the pesticide business name and at least one and one-half inch letters for other words in the pesticide business name;

(v) use at least two-inch numbers for the pesticide business license number; and

(vi) use letters and numbers that are weatherproof.

(d) A pesticide business that always uses a pesticide business service vehicle and trailer together shall only mark either the service vehicle or trailer as described in Subsection R68-7-16(3)(c). A pesticide business that uses a vehicle only for sales, solicitations, or solely for inspections, and does not carry a pesticide or pesticide application equipment, and does not otherwise use the vehicle to provide a pest management service, is not required to mark the vehicle as described in Subsection R68-7- 16(3)(c).

(e) When complying with Subsection R68-7-16(3)(c), a pesticide business may use a slogan, trade name, or trade mark in addition to the pesticide business name and corresponding license number. When complying with Subsection R68-7-16(3)(c), a pesticide business may use a word or phrase to indicate its formerly licensed pesticide business name, if it had a formerly licensed pesticide business name.

(4) Pesticide Application Notification.

(a) Before the time of each application of a restricted use pesticide with a Danger or Danger-Poison signal word, the certified commercial pesticide applicator, or an employee of the licensed pesticide business shall provide the customer with a written statement containing the following information:

(i) the pesticide business name, pesticide business license number, and telephone number;

(ii) the name and pesticide applicator license number of the licensed pesticide applicator who will make the application;

(iii) the date and time of the pesticide application;

(iv) the type of pesticide application service and brand name and EPA registration number of pesticides applied; and

(v) instructions to the customer to contact the pesticide business telephone number if more specific information is desired regarding the pesticide product applied.

(b) The written statement required in Subsection R68-7-16(4)(a) shall be provided to the customer by any of the following means:

(i) leave statement at the residence;

(ii) in the case of a multi-unit residence, leave the statement with the property manager or their authorized representative; or

(iii) mail to the property manager or their authorized representative if management is located at a location other than the pesticide application site, at least seven calendar days before the date of the pesticide application.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-17 Termiticide Record Keeping: Additional Requirements

(1) In addition to the recordkeeping requirements contained in Sections R68-7-11 and R68-7-12, any pesticide applicator shall retain a record of a diagram of the structure treated for termites with termiticide that includes the dimensions of the structure, including the depth to the footer that the foundation rests upon.

(2) For post construction pesticide treatments, the diagram shall also illustrate the area where termites or termite activity was found.

(3) Any records of pesticide applications shall be maintained for a period of two years and organized separately for each individual structure.

(4) If a termiticide distribution system is used:

(a) the system shall meet the standards listed on the label and the use of the system shall be allowed only as stated on the label; and

(b) installation, design, and manufacture of the system shall be allowed by the termiticide label and manufacturer. If no mention of a system is on the label, a distribution application system shall not be used.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-18 Minimum Standards for Fumigant Applications

(1) Application of fumigant products require strict adherence to the label, and when required by the label, a verified and written Fumigation Management Plan (FMP) shall be prepared in advance of treatment. An FMP shall provide details regarding the information prescribed by the label. Utah standards for fumigation treatments of any space that can be occupied by a person, or non-target species, require the following:

(a) at least two persons present at the time of releasing the fumigant and during the initial ventilation, one of whom shall be a certified pesticide applicator with the fumigation category, present at the time of the releasing of the fumigant and during the initial ventilation. During the interim, the premises shall be adequately safeguarded against entry by any other person;

(b) notification of local fire department or first responder before fumigation of any building or enclosed space, other than a fumigating vault, the with the address of the fumigation job, time of gas release, kind of gas to be used, and the beginning time of the aeration of the premises.

(c) Premises sealed. Premises to be fumigated shall be sealed in a manner that confines the fumigant to the space intended to be fumigated.

(d) Inspection of premises before releasing fumigant. Immediately before releasing the fumigant, the certified pesticide applicator shall conduct a thorough inspection of the premises to verify that no person or non-target animals remain, and that effective precautions have been taken to safeguard occupants of neighboring buildings as set forth in Subsection R68-7- 18(1)(e).

(e) Fumigation of apartments within a multiple unit apartment building.

(i) Fumigation of apartments within a multiple unit apartment building may be fumigated only after the apartments are vacated and the area to be fumigated is properly sealed.

(ii) The adjacent units shall be properly ventilated during the entire exposure period.

(f) Notification of dwellings or places of business within 100 feet of the building being fumigated.

(i) Dwellings or places of business within 100 feet of the building being fumigated shall be notified in writing in advance of the fumigation.

(ii) Premises within 10 feet shall be vacated during the fumigation and aeration periods.

(g) Warning signs.

(i) Warning signs shall be posted conspicuously at entrances of the premises to be fumigated and at the entrances of adjacent multiple units and structures within ten feet and kept there during the entire fumigation and ventilation period. Signs shall be in a bright and conspicuous color with a minimum size of 8 1/2 inches by 11 inches, bearing the word "poison," displaying the skull and crossbones, the name of the fumigant used, and the name, address, and telephone number of the certified pesticide applicator.

(ii) Before the fumigant is released, entrances leading directly to the fumigated space shall be closed, sealed, and locked, except exits to be used by the fumigating crew. These exits shall be closed, sealed, and locked promptly after the fumigant has been released.

(h) Masks worn.

(i) Each member of the fumigating crew shall be equipped with a serviceable mask of a type approved by the U.S. Mines, Safety, and Health Administration with the correct canister for the type of gas used.

(ii) Masks shall be worn while in the enclosed space during and after release of the fumigant, and until initial ventilation is completed.

(i) Re-entering fumigated premises.

(i) No one other than the certified pesticide applicator shall be permitted to re-enter the fumigated premises until the certified pesticide applicator has ascertained by personal inspection, with gas mask and with a chemical appropriate test, that the premises are safe for occupancy.

(ii) Aeration shall be conducted according to the product labeling and re-entry allowed according to levels specified on the label.

(j) Subsections R68-7-18(1)(a) through R68-7-18(1)(i) may not apply to fumigants used to control insects or other pests outside of buildings, or for spot fumigations, or restrictive treatments inside a building, such as grain bins.

(i) Strict adherence to the label instructions shall be adhered to during these applications.

(ii) During the ventilation period of a spot or restrictive fumigation, the premises shall not be occupied by anyone except the certified pesticide applicator.

(iii) A warning gas is recommended where the fumigant is comparatively odorless.

(2) Fumigation of burrowing rodents requires strict adherence to the label as well as a Fumigation Management Plan (FMP) that shall contain the following information:

(a) the purpose of the pesticide application indicating the exact pest to be controlled, and the type of burrow system to be treated;

(b) the pesticide used, stating the name of the pesticide, the EPA registration number, and dosage used;

(c) the property treated information recording the property or facility name and address, and verifying the manager's or property owner's name and contact information;

(d) the certified pesticide applicator information recording the certified pesticide applicator's name, company, pesticide applicator license number, phone numbers, and verifying with valid government issued identification;

(e) any emergency agency contact information, recording the phone numbers for the nearest hospital, fire department, police department, poison control center, and the registrant of the fumigant; and

(f) instructions given to personnel, verifying by written signatures that personnel have been instructed to:

(i) report any accident or incident related to exposure, provide a telephone number for emergency response reporting;

(ii) report to the proper authorities any theft of fumigant or equipment related to fumigation; and

(iii) follow label directions, paying particular attention to the Monitoring, Notification, Sealing, Application Procedures, Fumigation Period, and Use Restrictions portions of the label instructions.

(g) Burrowing Rodent Fumigation Record Keeping: Additional Standards. In addition to the recordkeeping requirements contained in Sections R68-7-11 and R68-7-12, the applicator shall keep as part of the record a scaled diagram of the property treated that includes dimensions of the property, any structures present, and mark each burrow treated on the diagram.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-19 Transportation, Storage, Handling, Usage, and Disposal of Pesticides and Pesticide Containers

Any pesticide applicator shall provide a secure pesticide and device storage area. The storage area may include an area on a service vehicle. Any pesticide applying entities shall also have, at a minimum, a pesticide spill kit in each pesticide service vehicle, pesticide service trailer, and at each pesticide business location.

(1) No person shall transport, store, or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, other non-target species, or the environment.

(2) Pesticide containers shall be secured during transport by use of side or end racks, bracing, chocks, tie downs, or other means to prevent their sliding, falling, tipping, rolling, or falling off the vehicle with normal vehicle acceleration, deceleration, or change in direction.

(3) Portable tanks shall be secured to prevent their sliding, falling, tipping, or rolling with normal vehicle acceleration, deceleration, or change in direction. Stacking or wedging against ends, sidewalls, or doors of van bodies shall not be relied upon for securement.

(4) Pesticides in leaking, broken, corroded, or otherwise damaged containers shall not be displayed, offered for sale or transported, and shall be handled or disposed of in a manner that would not damage or injure humans, other non-target species, or the environment. Pesticides with obscured, illegible, or damaged labels shall not be displayed, offered for sale, or sold.

(5) No person shall distribute or sell any pesticide unless it is in the registrant's or manufacturer's unopened, original container, and the registered pesticide label is affixed to the container.

(6) No person shall transport, handle, store, load, apply, or dispose of any pesticide, pesticide container, apparatus, or rinsate in such a manner as to pollute water supplies or waterways, or cause damage or injury to land, humans, desirable plants and animals, or wildlife, except that a pesticide labeled for aquatic use and used as directed shall not be considered a violation of this subsection. Disposing of pesticides at disposal sites approved by the appropriate agency complies with the requirements of this subsection. Toxicity, volatility, and mobility of pesticides shall be considered in complying with this subsection.

(7) No person shall pollute streams, lakes, or other water supplies during pesticide loading, mixing, and application and shall use appropriately functioning devices and procedures to prevent back siphoning.

(8) No pesticides shall be applied by aircraft or air blast sprayers to property abutting or adjacent to schools in session, hospitals, nursing homes, or other similar establishments, when occupied, under conditions that may result in contamination of these establishments or their premises.

(9) No person shall apply pesticides if physical drift or volatilization may cause damage to adjacent land, injure humans or other species, or the environment.

(10) Requirements for unattended pesticides and their containers:

(a) Pesticides and their containers shall be maintained in accordance with generally accepted industry standards and practices.

(b) Subsections R68-7-19(10)(d) and (e) and Subsection R68-7-19(11) shall not apply to empty pesticide containers once decontaminated.

(c) For the purposes of Subsections R68-7-19(10)(d) and (e) and Subsection R68-7-19(11), pesticides and their containers at the loading area shall not be considered unattended if the operator maintains either visual control or repeatedly returns at closely spaced intervals to ensure safe monitoring of the pesticides and containers.

(d) Unattended pesticides labeled with the signal word "danger/poison" and their containers shall be constructed, stored and locked to prevent children, unauthorized persons, livestock, or other animals from gaining entry.

(e) Pesticides labeled with the signal word "danger" when not accompanied by the signal word "poison," pesticides labeled with the signal word "warning," pesticides labeled with the signal word "caution," and their containers, shall be stored in secured storage, out of the reach of children, in an enclosure as described in Subsection R68-7-19(10)(d). Metal containers, 28 gallons and larger, with tight screw-type bungs or secured or locked valves shall be considered secured storage.

(11) Requirements for posting of storage area for pesticides and their containers labeled with the signal words "danger/poison":

(a) For purposes of this subsection, warning signs shall show the skull and crossbones symbol and the words: "Danger/Poison (Pesticide or Chemical) Storage Area/Keep Out" in at least two-inch tall letters.

(b) Warning signs shall be posted:

(i) at each entrance or exit from a storage area and on each exterior wall, so that the sign is visible from any direction; and

(ii) if the pesticide storage area is contained in a larger, multipurpose structure, warning signs shall be clearly visible on each entrance of the storage area.

(12) Each service vehicle and business location operated by a commercial pesticide business that carries, transports, or stores any pesticide concentrate or mixed pesticide solution must have, at minimum, a spill kit containing:

(a) a dustproof five-gallon bucket with a lid;

(b) waterproof gloves;

(d) ten medium weight absorbent pads, each approximately 15"x18"; and

(e) one medium weight trash bag to contain used absorbent material.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-20 Unlawful Acts

Any person who has committed any of the following acts is in violation of Title 4, Chapter 14, Utah Pesticide Control Act, or rules promulgated thereunder, and is subject to the penalties provided in Section 4-2-301 through Section 4-2-305, up to, and including, citations, fines, and the possible suspension, revocation, or denial of any pesticide applicator, pesticide business, or pesticide dealer license:

(1) been convicted under Section 14(b) of FIFRA;

(2) been subject to a final order imposing a civil penalty under Section 14(a) of FIFRA;

(3) been found in violation of a final state enforcement action for violations of state law;

(4) made false, fictitious, or fraudulent claims, including any written or spoken misrepresentation of the use or effect of pesticides, the certification of any pesticide applicator, or the methods or manner in which pesticides may be applied or utilized;

(5) applied any known ineffective or improper pesticides;

(6) applied any pesticides in a faulty, careless, or negligent manner;

(7) failed to comply with Title 4, Chapter 14, Utah Pesticide Control Act, these rules, or any lawful order of the department;

(8) failure to keep or maintain records required by these rules, or to make reports when and as required, or to notify the department within 30 days of any changes required under Section R68-7-14;

(9) proffered false or fraudulent records, invoices, or reports to the department;

(10) engaged in the business, solicitation, advertisement, or representation of applying a pesticide for hire or compensation on the lands or property of another without having a valid commercial pesticide applicator license;

(11) purchased, used, or supervised the use of, a pesticide which is labeled for restricted use without having qualified as a certified pesticide applicator;

(12) used fraud, deceit, or misrepresentation in any portion of the application process for, or renewal of, a registration, license, permit, or certification with the department;

(13) refused or neglected to comply with any limitations or restrictions on or in a issued license or permit;

(14) used, or caused to be used, any pesticide in a manner inconsistent with its labeling or rules of the department, if those rules further restrict the uses provided on the labeling;

(15) impersonated any federal, state, county, or other government official;

(16) distributed any pesticide labeled for restricted use to any person unless that person or their agent: has a valid pesticide applicator license, permit to use or supervise the use of, or distribute a restricted use pesticide;

(17) applied any pesticides on or in any building, structure, or property without the consent of the owner, manager, or responsible party, with the exception of any government agency that applies a pesticide to abate a public health problem under the direction of the department;

(18) for a pesticide applicator, applied a termiticide at less than the label rate;

(19) for an employer of a commercial or non-commercial pesticide applicator, to allow an employee to apply pesticide before that individual has successfully completed the required pesticide applicator certification process;

(20) a certified pesticide applicator failed to possess a current pesticide applicator license on their person during a pesticide application;

(21) allowed a pesticide application to run off, or drift, from the target pesticide application area, whether or not damage or injury occurred;

(22) failed to register a pesticide business with the department, or follow the rules set forth in this rule for the licensing of a commercial pesticide business;

(23) handled or applied any pesticide for which a person does not have an appropriate, complete, legible, and current label at hand or affixed to the pesticide;

(24) Failed to comply with the federal pesticide container and containment regulations found in 40 CFR 156 and 165;

(25) Failed to perform fumigation applications according to the standards required by this rule;

(26) Failed to display the pesticide business license name and pesticide business license number in accordance with this rule;

(27) Failed to notify a customer of the application of a restricted use pesticide and the information detailed in Section R68-7-16;

(28) The qualifying party of a commercial pesticide business failed to train or prepare a commercial pesticide applicator to comply fully with the following:

(a) any Utah pesticide statute;

(b) any Utah pesticide rule;

(d) any pesticide labeling directions; and

(e) any equipment they will be using.

(29) Failure to timely and fully respond to requests by the department for information relating to training and equipping of pesticide applicators;

(30) transported, stored, handled, used, or disposed of a pesticide or pesticides container that is inconsistent with this rule;

(31) cheated on any pesticide test required by the department or otherwise failed to comply with testing requirements;

(32) refused or neglected to change contact and employment information within 30 days; or

(33) violated the EPA WPS.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

Utah Admin. Code R68-7-21 Penalty Matrix

In the disposition of administrative cases, the department shall use a penalty matrix to determine appropriate penalties. The penalty amount shall be from $50-500 per violation. The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effects at the time of the incident giving rise to the violation. The median penalty shall be assessed unless a proportionate adjustment is warranted or there are aggravating or mitigating factors present.

(1) The department may also choose to issue a warning, in lieu of penalty, where the penalty matrix allows. Any warning in lieu of penalty shall be issued in the department's sole discretion.

(2) The department may consider circumstances enhancing or reducing the penalty based on the seriousness of the violation. Aggravating and mitigating factors include the following:

(a) the number of separate alleged violations for a given inspection or incident date;

(b) the magnitude of the harm, or potential harm, including quantity or degree, to humans, non-target species, property, or the environment caused by the violation;

(d) the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

(3) The department will review past violation trends and update the penalty matrix based on compliance history annually. A copy of the penalty matrix shall be made available from the department upon request.

History

KEY: inspections, pesticides
Date of Last Change: September 7, 2022
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-14-106

R68-8 Utah Seed Rule

Utah Admin. Code R68-8-1 Authority

(1) This rule is promulgated under the authority of Sections 4-2-103, 4-16-103, 4-17-103, and Subsection 4-16- 202(1)(c).

(2) This rule incorporates by reference the March 1, 2023, list of official definitions and policy statements adopted and published by the Association of American Seed Control Officials (AASCO).

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-2 Prohibited Noxious Weed Seeds and Restricted Weed Seeds

(1) It is unlawful for any person, firm, or corporation to sell, offer, or expose for sale, or distribute in Utah any agricultural, vegetable, flower, tree, and shrub seeds, or seeds for sprouting for seeding purposes that:

(a) contain, either in part or in whole, any prohibited noxious weed seeds:

(i) prohibited noxious weed seeds are the seeds of any plant determined by the department to be injurious to public health, crops, livestock, land, or other property and that are especially troublesome and difficult to control; and

(ii) Utah prohibited noxious weed seeds are indicated in Table 1; or

TABLE 1

PROHIBITED WEED SEEDS

COMMON NAME

SCIENTIFIC NAME

Bermudagrass*

Cynodondactylon *

Beancaper, Syrian

Zygophyllum fabago

Bindweed or wild morning-glory

Convolvulus spp.

Blueweed or vipers bugloss

Echium vulgare

Broom, Scotch

Cytisus scoparius

Bugloss, small

Anchusa arvensis

Camelthorn

Alhagi maurorum

Cinquefoil, sulfur

Potentilla recta

Cogongrass

Imperata cylindrica

Crupina, common

Crupina vulgaris

Daisy, ox-eye

Chrysanthemum leucanthemum

Goatgrass, jointed

Aegilops cylindrica

Goatsrue

Galega officinalis

Hemlock, poison

Conium maculatum

Henbane, black

Hyoscyamus niger

Hoary cress, globe-podded

Lepidium draba (Cardaria draba)

Hoary cress, heart-podded

Lepidium chalepense (Cardaria chalepensis)

Hoary cress, lens-podded

Lepidium appelianum (Cardaria pubescens)

Houndstongue

Cynoglossum officinale

Knapweed, diffuse

Centaurea diffusa

Knapweed, Russian

Centaurea repens

Knapweed, spotted

Centaurea maculosa

Knapweed, squarrose

Centaurea virgata Subsp. squarrosa

Knotweed, Japanese

Polygonum cuspidatum

Loosestrife, purple

Lythrum salicaria

Medusahead

Taeniatherum caput- medusae

Millet, spring

Milium vernale

Mustard, African

Brassica tournefortii

Mustard, elongated

Brassica elongata

Mustard, garlic

Alliaria petiolata

Pepperweed, perennial or tall whitetop

Lepidium latifolium

Phragmites or common reed

Phragmites australis ssp.

Puncturevine or goathead

Tribulus terrestris

Olive, Russian

Elaeagnus angustifolia

Quackgrass

Elymus repens

Reed, giant

Arundo donax

Rocket, dames

Hesperis matronalis

Rue, African

Peganum harmala

Sage, Mediterranean

Salvia aethiopis

Saltcedar or tamarisk

Tamarix ramosissima

Skeleton weed, rush

Chondrilla juncea

Sorghum spp., perennial including johnsongrass and Sorghum almum

Sorghum spp., Sorghum halepense, Sorghum almum

Spurge, leafy

Euphorbia esula

Spurge, Myrtle

Euphorbia myrsinites

Starthistle, Malta

Centaurea melitensis

Starthistle, purple

Centaurea calcitrapa

Starthistle, yellow

Centaurea solstitialis

St. Johnswort

Hypericum perforatum

Thistle, Canada

Circium arvense

Thistle, Scotch, or cotton

Onopordum acanthium

Thistle, musk

Carduus nutans

Thistle, plumeless

Carduus acanthoides

Toadflax, Dalmatian

Linaria dalmatica

Toadflax, yellow

Linaria vulgaris

Ventenata or North African grass

Ventenata dubai

Vipergrass, cut leaf

Scorzonera laciniata

Woad, dyers

Isatis tinctoria

except for Washington county

(b) contain restricted weed seeds in more than allowable amounts;

(i) restricted weed seeds listed in Table 2 shall be allowed in crop seed; and

(ii) shall not exceed a maximum of 27 seeds per pound, either as a single species or in combination.

TABLE 2

RESTRICTED WEED SEEDS

COMMON NAME

SCIENTIFIC NAME

Dodder

Cuscuta spp.

Halogeton

Halogeton glomeratus

Oat, wild

Avena fatua

Poverty weed

Iva axillaris

(2) The maximum percentage of weed seeds by weight are listed in Table 3.

TABLE 3

WEED SEEDS BY WEIGHT

MAX PERCENT

Cheat ( Bromus secalinus )*

Chess ( Bromus brizaformis )*

Japanese brome ( Bromus japonicus )*

Red brome ( Bromus rubens )*

Downy brome ( Bromus tectorum )*

*either as a single species or in combination in grass seeds.

(3) For any weed seed not listed in Tables 1-3 in grass, flower, or tree and shrub seeds, the maximum percentage by weight allowed is 1%. For other kinds or types of weed seeds, the maximum permitted weight is .50%.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-3 Weed Seeds

(1) The department shall quarantine any lots of seeds that contain prohibited or restricted weed seeds in violation of this rule.

(2) The seed lot may be:

(a) recleaned with the approval of the department and, if found to be free from noxious weed seeds, released for sale or distribution;

(b) shipped to another state where that weed seed is not noxious;

(d) disposed of in a manner approved by the department.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-4 Seed Screenings

(1) It is unlawful for any person to sell, offer for sale, barter, give away, or dispose of any screenings containing more than six whole prohibited noxious weed seeds per pound or more than 27 whole restricted weed seeds per pound except for screenings containing seeds that are moved or sold to a mill or plant for processing that will reduce the number of whole weed seeds to within the stated tolerances.

(2) Each container or shipment of screenings shall be labeled with:

(a) the words "Screenings for Processing, Not for Seeding or Feeding"; and

(b) the name and address of the consignor and consignee.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-5 Special Labeling Provisions

(1) Prepackaged containers shall be labeled in accordance with requirements applying to the specific kinds of seed in a prepackaged container as provided by Section 4-16-201.

(2) Seed weighed from bulk containers, including jars, cans, and bins, in the presence of the customer and sold in quantities of more than one pound shall be exempt from the full labeling provisions provided that the container from which the seed is taken is fully and properly labeled in accordance with this rule.

(3) Labels on the seed containers shall be attached and kept in a conspicuous place.

(4) The name and address of the supplier or vendor shall be plainly printed on lots of seed sold from bulk containers, along with the required labeling and name of the substance used in treatment.

(5) If the seed was treated, the appropriate treatment labeling shall be on the master container from which the seed is weighed and on each receiving container.

(6) The vendor shall mark any additional labeling information required by the law on any receiving container when requested by the purchaser.

(7) The local merchant or distributor of seed may adopt and use the analysis furnished by the original seller to remain attached to the proper container of the seed for a period not to exceed:

(a) 12 calendar months for vegetable, flower, tree, and shrub seeds;

(b) 18 calendar months for agricultural seeds; or

(8) After the stated time determined by the seed type, a local dealer or distributor shall:

(a) retest or have retested any remaining seed in their possession;

(b) remove the original analysis label and attach a new analysis label; or

(i) the original lot number;

(ii) percent of germination;

(iii) date of the test; and

(iv) the identity of the labeling person, if different from the original labeler.

(9) Any vegetable or flower seeds in packets or containers of one pound or less, including pre-planted containers, that are offered, exposed for sale, or distributed shall meet the labeling requirements listed in Section 4-16-201. Seed packets shall not be made available for retail sale before November 1, before the labeled "packed for" year.

(10) The 1998 version of The Federal Seed Act is incorporated by reference. Any labeling, advertising, or other representation subject to the Federal Seed Act representing the seed to be certified seed or any class is unlawful unless:

(a) a seed certifying agency determines that the seed conforms to standards of purity and identifies as to kind, species, and subspecies, if appropriate, or variety and that tree and shrub seed is found to be of the origin and elevation claimed, in compliance with the rules of the certified agency about the seed; and

(b) the seed bears an official label issued for the seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species, and subspecies if appropriate or variety.

(11) The label and educational requirements for non-commercial seed sharing include:

(a) each container of agricultural, vegetable, and flower seeds distributed for sowing purposes in a non-commercial setting shall bear or have attached, in a conspicuous place, a written or printed label or tag in English conveying the following information:

(i) name of the species or commonly accepted name of the kind or kind and variety of each seed component present with hybrids labeled as hybrids;

(ii) a word or statement indicating if the seed has been treated and, if treated, it shall be labeled by applicable state and federal laws;

(iii) identification that provides traceability, although retention of posterity file samples are not required;

(iv) name and city or address of the non-commercial seed sharing entity; and

(v) calendar month and year the seed was donated;

(b) seed shall be free of foreign material other than coatings or treatments, including germination medium, mulch, fertilizer, pre-planted containers, mats, tapes, or other planting devices;

(c) no distributed container shall hold more than eight ounces of agricultural seed or four ounces of vegetable or flower seed;

(d) germination and purity analysis are not required, however, if a germination or purity percentage is noted on the label, whether the analysis was performed according to the Association of Official Seed Analyst (AOSA) rules for testing seed shall be included;

(e) location involved with non-commercial seed sharing: and

(f) a legible and visible sign stating that the seeds being distributed may not meet germination or varietal purity standards listed in this rule and noting that patented seeds or varieties protected by the Plant Variety Protection Act, 7 USC Section 2321-2582, will not be accepted or distributed without the permission of the certificate holder.

(12) Human food grade seed repurposed for sowing purposes shall be labeled for its intended use by the packager and meet labeling requirements as outlined in Section 4-16-201.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-6 Treated Seed - Use of Highly Toxic, Moderately Toxic, Low Toxicity Substances, and Labeling of Containers

(1) Any agricultural, vegetable, flower, tree, shrub seed, or a mixture of seeds that have been treated, shall be labeled:

(a) in type no smaller than eight point font to indicate that the seed has been treated; and

(b) to show the name of any substance or a description of any process, other than the application of a substance, used to treat the seed.

(2) The label shall contain the required information in any form that is clearly legible and complies with Section 4-16- 201 and 7 CFR Part 201, Labeling in General. The information may be on the seed analysis tag, on a separate tag, or printed on each container in a conspicuous manner. The label shall contain:

(a) the names of the substances, as follows:

(i) the required name of the substance used in the treatment shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name; and

(ii) commonly accepted coined names are not private trademarks and are available for use by the public and are commonly recognized as names of substances; and

(b) treatment coloring includes any toxic substance used in seed treatment and it shall be distinctly colored to be readily discernible.

(3) Labeling of treated seed shall contain the following;

(a) the name of the treatment substance used labeled according to this rule, and bearing appropriate signal words and warning statements required according to the relative toxicity of the chemicals applied; and

(b) the statement, "Keep out of Reach of Children."

(4) Seed treated with a chemical substance designated by the Environmental Protection Agency or the Commissioner as a highly toxic substance shall be labeled as follows:

(a) to conspicuously show the words, "TREATED SEED," together with the name of the substance, "THIS SEED TREATED WITH (name of substance)," or "(name of substance) TREATED";

(b) in red letters with the signal words, "DANGER-POISON," and a representation of a skull and crossbones, at least twice the size of the type used for the name of the substance;

(c) with additional precautionary statements in red letters stating hazards to humans and other vertebrate animals, special steps, or procedures to avoid poisoning, and wording to inform physicians of proper treatment for poisoning;

(d) any bags, sacks, or other containers of seed that have been or are being used to contain seeds treated with "highly toxic" substances, shall be identified with the words "DANGER-POISON," and a representation of skull and crossbones;

(e) the printing shall be directly printed or impregnated on or into the containers, or applied by other means approved by the department, as to be permanent; and

(f) any container in which seed treated with highly toxic substances has been contained, except for future similar use for seed, may not again be used to contain any food, feed, or agricultural products, without written approval from the department.

(5) Seed treated with a chemical substance designated as moderately toxic, shall be labeled as follows:

(a) with the words, "TREATED SEED," together with the name of the substance, "THIS SEED TREATED WITH (name of substance)" or "(name of substance) TREATED":

(b) with the signal word, "WARNING"; and

(c) with additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall appear in the labeling.

(6) Seed treated with a chemical designated as a low toxicity, or comparatively free from danger shall be labeled as follows:

(a) with the words, "TREATED SEED" and the name of the substance, "THIS SEED IS TREATED (name of substance)" or "(name of substance) TREATED";

(b) with the signal word, "CAUTION"; and

(c) with additional precautionary statements describing hazards to humans and other vertebrate animals, and special handling procedures to avoid poisoning shall also appear in the labeling.

(7) If a harmful substance is used in seed treatment, and the amount remaining with the seed is toxic to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement, such as:

(a) "do not use for food";

(b) "do not use for feed";

(d) "do not use for food, feed, or oil purposes".

(8) Any words or terms used on the label that tend to reduce the effectiveness of the warning statements required by Section 4-16-201 and Rule 68-8 are construed to be misleading.

(9) In the case of seed in bulk, the information required on the labels of packaged seeds shall appear on the invoice or other records accompanying and pertaining to the seeds.

(10) This rule shall apply to seed treated by custom applicators, or in a custom manner, even though the transfer of ownership is not intended on the seed.

(11) The kinds of chemicals declared highly toxic, moderately toxic, or low toxicity and their approved uses on seed shall be in conformity with applicable federal laws and regulations. If at any time the federal government prohibits the use of substances on seed or makes other changes affecting seed, then this rule will be modified to the extent necessary to conform to federal laws and regulations.

(12) Seed claimed to be inoculated shall be labeled to show the month and year beyond which the inoculant on the seed is no longer claimed to be effective.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-7 Weight or Seed Count Requirements

Net weight or seed count on each container is required. Pre-planted containers, mats, tapes, or other planting devices may state the minimum number of seeds in the container. Under appropriate circumstances when a seed tag is used, the weight information may appear on the seed tag rather than on the seed bag. Any weight labeling shall be consistent with the requirements of Title 4, Chapter 9, Weights and Measures and Rule R70-960.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-8 Labeling of Seed

(1) A seed label shall include the required labeling components outlined in Section 4-16-201 including;

(a) seed label components designated as "Pure Seed" or "Purity;" "Inert Matter" or "Inert;" "Other Crop Seeds," "Crop Seeds" or "Other Crop;" "Weed Seeds" or "Weeds;" and "Germination" or "Germ"; and

(b) the first listing of each term is as stipulated under the Federal Seed Act, PL 76-354.

(2) The percentage of hard seed, if present, shall appear on the label in addition to the percentage of germination.

(3) The percentage of dormant seeds, if present, shall appear on the label in addition to the percentage of germination.

(4) A noxious weed statement is not required when none are present.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-9 Labeling of Agricultural Seed Varieties

(1) The kinds of agricultural seeds listed in Table 4 shall be labeled to show the variety name or the words "Variety Not Stated" or "VNS". The Federal Seed Act, PL 76-354, specifies that "Variety Not Stated" should be used rather than "VNS."

TABLE 4

KIND NAME AND "VNS" ON LABEL

Alfalfa

Bahiagrass

Beans, field

Beets, field

Brome, smooth

Broom corn

Clover, crimson

Clover, red

Clover, white

Corn, field

Corn, pop

Cotton

Cowpea

Crambe

Fescue, tall

Flax

Lespedeza, striate

Millet, foxtail

Millet, pearl

Oat

Pea, field

Peanut

Rice

Rye

Safflower

Sorghum

Sorghum-sudangrass

Soybean

Sudangrass

Sunflower

Tobacco

Trefoil, birdsfoot

(2) The kinds of agricultural seeds listed in Table 5 shall be labeled to show the variety name.

TABLE 5

KIND REQUIRES VARIETY NAME

Barley

Triticale

Wheat, common

Wheat, durum

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-10 Minimum Germination Standards for Vegetable and Herb Seeds

The standards for germinating vegetable and herb seeds are listed in Table 6 and shall be construed to include hard seed.

TABLE 6

GERMINATION STANDARDS FOR

VEGETABLE AND HERB SEEDS

KIND OF VEGETABLE AND HERB SEEDS

PERCENT

Anise

Artichoke

Asparagus

Asparagus bean

Basil, sweet

Bean, garden

Bean, lima

Bean, runner

Beet

Broadbean

Broccoli

Brussels sprout

Burdock, great

Cabbage

Cabbage, Chinese

Cabbage, tronchuda

Cantaloupe

Caraway

Cardoon

Carrot

Cauliflower

Celeriac

Celery

Chard, Swiss

Chervil, salad

Chickory

Chives

Citron

Collards

Coriander

Corn, pop

Corn, sweet

Cornsalad

Cowpea

Cress, garden

Cress, upland

Cress, water

Cucumber

Dandelion

Eggplant

Endive

Fennel, Florence

Fennel, sweet

Kale

Kale, Chinese

Kale, Siberian

Kohlrabi

Leek

Lettuce

Muskmelon

Marjoram, sweet

Mustard

Mustard, spinach

Okra

Onion

Onion, Welsh

Oregano

Pak-choi

Parsley

Parsnip

Pea

Peanut

Pepper

Pumpkin

Radish

Rhubarb

Roquette

Rosemary

Rutabaga

Sage

Salsify

Savory, summer

Sorrel

Soybean

Spinach

Spinach, New Zealand

Squash

Thyme

Tomato

Tomato, husk

Turnip

Watermelon

70 all other kinds

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-11 Flower Seeds and Minimum Germination Standards

(1) The kinds of flower seeds listed in Table 7 are those for which standard testing procedures have been prescribed and shall be labeled according to the germination labeling requirements listed in Subsection 4-16-201(7).

(2) For the kind of flower seeds marked with an asterisk, the percentage is the total of percentage germination and percentage hard seed. For other kinds, it is the percentage germination.

TABLE 7

GERMINATION STANDARDS FOR FLOWER SEEDS

Kind of Flower Seeds

Percent

Achillea (the pearl) - Achillea ptarmica

African daisy - Dimorphotheca aurantiaca

African violet -- Saintpaulia spp .

Ageratum - Ageratum mexicanum

Agrostemma (rose campion) - Agrostemma coronaria

Alyssum - Alyssum compactum, A. maritimum, A. procumbens, A. saxatile

Amaranthus - Amaranthus spp .

Anagallis (pimpernel) - Anagallis arvensis, Anagallis caerulea, Anagallis grandiflora

Anemone - Anemone coronaria, A. pulsatilla

Angel's trumpet - Datura arborea

Arabis - Arabis alpina

Arctotis (African lilac daisy) - Arctotis grandis

Armeria - Armeria formosa

Asparagus, fern - Asparagus plumosus

Asparagus, sprenger -- Asparagus sprengeri

Aster, China - Callistephus chinensis ; -except Pompon, Powderpuff, and Princess types

Aster, China - Callistephus chinensis ; Pompon, Powderpuff and Princess types

Aubrietia - Aubrietia deltoides

Baby smilax - Aparagus asparagoides

Balsam - Impatiens balsamina

Bean hyacinth* - Dolichos lablab

Begonia - (Begonia Fibrous Rooted)

Begonia - (Begonia Tuberous Rooted)

Bells of Ireland - Molucella laevis

Brachycome (swan river daisy) - Brachycome iberidifolia

Browallia - Browallia elata and B. speciosa

Buphthalmum (willow leaf oxeye) - Buphthalmum salicifolium

Calceolaria - Calceolaria spp.

Calendula - Calendula officinalis

California poppy - Eschscholtzia californica

Calliopsis - Coreopsis bicolor, C. drummondi, C. elegans,

Canterbury bells - Campanula medium

Cup and saucer bellflower - Campanula medium "Calycanthema" .

Carpathian bellflower - Campanula carpatica

Peach bellflower - Campanula persicifolia

Candytuft, annual - Iberis amara, I. umbellata

Candytuft, perennial - Iberis gibraltarica, I. sempervirens

Castor bean - Ricinus communis

Cathedral bells - Cobaea scandens

Celosia - Celosia argentea

Centaurea: basket flower - Centaurea americana Cornflower - C. cyanus, Dusty Miller - C. candidissima, Royal Centaurea - C. imperialis , Sweet Sultan - C. moschata , Velvet Centaurea - C. gymnocarpa

Cerastium (snow-in-summer) Cerastium biebersteini and C.tomentosum

Chinese forget-me-not - Cynoglossum amabile

Chrysanthemum, annual - Chrysanthemum carinatum C.coronarium, C. segetum

Cineraria -- Senecio cruentus

Clarkia - Clarkia elegans

Cleome - Cleome gigantea

Coleus - Coleus blumei

Columbine - Aquilegia spp .

Coral bells - Heuchera sanguinea

Coreopsis, perennial - Coreopsis lanceolata

Corn, ornamental - Zea mays

Cosmos: sensation, mammoth, and crested types - Cosmos bipinnatus; Klondyke Type - C. sulphureus

Crossandra - Crossandra infundibuliformis

Dahlia - Dahlia spp .

Daylily - Hemerocallis spp .

Delphinium, perennial- belladonna and bellamosum types; cardinal larkspur - Delphinium cardinale ; Chinensis Types; Pacific Giant, Gold Medal, and other hybrids of D. elatum

Dianthus:

Carnation -- Dianthus caryophyllus

China pinks - Dianthus chinensis, Heddewigi, Heddensis

Grass pinks - Dianthus plumarius

Maiden pinks - Dianthus deltoides

Sweet William - Dianthus barbatus

Sweet wivelsfield - Dianthus allwoodi

Didiscus - (blue lace flower) - Didiscus coerulea

Doronicum (leopard's bane) - Doronicum caucasicum

Dracaena - Dracaena indivisa

Dragon tree - Dracaena draco

English daisy - Bellis perennis

Flax - golden flax, Linum flavum ; flowering flax, L. randiflorum ; Perennial flax, L. perenne

Flowering maple - Abutilon spp .

Foxglove - Digitalis spp .

Gaillardia, annual - Gaillardia pulchella; G. picta; perennial - G. grandiflora

Gerbera (transvaal daisy) - Gerbera jamesonii

Geum - Geum spp .

Gilia - Gilia spp .

Gloriosa daisy (rudbeckia) - Echinacea purpurea and Rudbeckia hirta

Gloxinia - Sinningia speciosa

Godetia - Godetia Amoena, G. grandiflora

Gourds: yellow flowered - Cucurbita pepo ; white flowered -- Lagenaria sisceraria ; dishcloth - Luffa cylindrical

Gypsophila: annual baby's breath -- Gypsophila elegans ; perennial baby's breath - G. paniculata, G. pacifica G. repens

Helenium - Helenium autumnale

Helichrysum - Helichrysum monstrosum

Heliopsis - Heliopsis scabra

Heliotrope - Heliotropium spp .

hHelipterum (acroclinium) Helipterum roseum

Hesperis (sweet rocket) - Hesperis matronalis

*Hollyhock - Althea rosea

Hunnemania (Mexican tulip poppy) - Hunnemania fumariaefolia

Impatiens - Impatiens holstii, I. sultani

*Ipomea - cypress vine - Ipomea quamoclit ; moonflower -- I. noctiflora ; morning glories, cardinal climber, hearts, and honey vine - Ipomea spp .

Jerusulem cross (Maltese cross) - Lychnis chalcedonica

Job's tears - Coix lacrymajobi

Kochia - Kochia childsii

Larkspur, annual - Delphinium ajacis

Lantana - Lantana camara, L. hybrida

Lilium (regal lily) - Lilium regale

Linaria - Linaria spp .

Lobelia, annual - Lobelia erinus

Lunaria, annual - Lunaria annua

*Lupine - Lupinus spp .

Marigold - Tagetes spp .

Marvel of Peru - Mirabilis jalapa

Matricaria (feverfew) - Matricaria spp.

Mignonette - Reseda odorata

Myosotis - Myosotis alpestris, M. oblongata, M. palustris

Nasturtium - Tropaeolum spp .

Nemesia - Nemesia spp.

Nemophila - Nemophila insignis

Nemophila, spotted - Nemophila maculata

Nicotiana - Nicotiana affinis, N. sanderae, N. sylvestris

Nierembergia - Nierembergia spp .

Nigella - Nigella damascena

Pansy - Viola tricolor

Penstemon - Penstemon barbatus, P. grandflorus, P. laevigatus, P. pubescens .

Petunia - Petunia spp .

Phacelia - Phacelia campanularia, P. minor, P. tanacetifolia

Phlox, annual - Phlox drummondii all types and varieties

Physalis - Physalis spp .

Platycodon (balloon flower) - Platycodon grandiflorus

Plumbago, cape - Plumbago capensis

Ponytail - Beaucarnea recurvata

Poppy: Shirley poppy - Papaver rhoeas ; Iceland poppy - P.nudicaule ; Oriental poppy - P. orientale ; Tulip poppy - P.glaucum

Portulacaa - Portulaca grandiflora

Primula (primrose) - Primula spp .

Pyrethrum (painted daisy) - Pyrethrum coccineum

Salpiglossis - Salpiglossis gloxinaeflora, S. sinuata

Salvia - scarlet sage - Salvia splendens ; mealycup sage (blue bedder) -- Salvia farinacea

Saponaria - Saponaria ocymoides, S. vaccaria

Scabiosa, annual - Scabiosa atropurpurea

Scabiosa, perennial - Scabiosa caucasica

Schizanthus - Schizanthus spp.

*Sensitive plant (mimosa) - Mimosa pudica

Shasta daisy - Chrysanthemum maximum C. leucanthemum

Silk oak - Grevillea robusta

Snapdragon - Antirrhinum spp.

Solanum - Solanum spp.

Statice (flower heads)- Statice sinuata, S. suworonii

Stocks: common - Matthiola incana; evening scented - Matthiola bicornis

Sunflower - Helianthus spp .

Sunrose - Helianthemum spp.

*Sweet pea, annual and perennial other than dwarf bush - Lathyrus odoratus, L. latifolius

*Sweet pea, dwarf bush - Lathyrus odoratus

Tahoka daisy - Machaeranthera tanacetifolia

Thunbergia - Thunbergia alata

Torch flower - Tithonia speciosa

Torenia (wishbone flower) - Torenia fournieri

Tritoma - Kniphofia spp.

Verbena, annual - Verbena hybrida

Vinca - Vinca rosea

Viola - Viola cornuta

Virginian stocks - Malcolmia maritima

Wallflower - Cheiranthus allioni

Yucca (Adam's needle) - Yucca filamentosa

Zinna (except linearis and creeping) - Zinnia angustifolia, Z. elegans, Z. grandiflora, Z. gracillima, Z. haageana, Z. multiflora, Z.pumila

Zinnia, linearis, and creeping - Zinnia linearis, Sanvitalia procumbens

including germination and percentage of hard seed

all other kinds

(3) A "mixture" of kinds of flower seeds will be below standard if the germination of kinds or combination of kinds constituting 25% or more of the mixture by number is below standard for the kinds involved.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-12 Labeling of Flower Seeds

(1) Flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics as listed in Subsection 4-16-201(6). Seeds of plants grown primarily for their bloom shall:

(a) be labeled to show the kind and variety name, such as, "Marigold, Butterball":

(i) seeds of a single type and color for which there is no special variety name shall be labeled to show either the type of plant or the type of color of the bloom, such as, "Scabiosa, Tall, Large Flowered, Double, Pink";

(ii) seeds consisting of an assortment of colors or varieties of a single kind shall be labeled to show the kind name, the type of plant, and the types of bloom and shall clearly indicate that the seed is mixed or assorted, such as "Marigold, Dwarf, Double French, Mixed colors"; and

(iii) seeds consisting of an assortment of different kinds shall be labeled to clearly indicate that the seed is assorted or mixed and the specific use of the assortment of mixtures shall be indicated, such as, "Cut Flower Mixture," or "Rock Garden Mixture"; and

(b) shall not contain statements such as "Wild Flower Mixture," "General Purpose Mixture," "Wonder Mixture," or any other statement that fails to indicate the specific use of the seed unless the specific use of the mixture is also stated.

(2) Seeds of plants grown for ornamental purposes other than their blooms shall be labeled to show the kind and variety, or the kind together with a descriptive statement concerning the ornamental part of the plant. For example: "Ornamental Gourds, Small Fruited, Mixed".

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-13 Hermetically Sealed Seed Containers

(1) Agricultural or vegetable seeds packaged in hermetically sealed containers may be sold, exposed for sale, or offered for sale or transportation for 36 months after the last day of the month the seeds were tested for germination before packaging.

(2) If seeds in hermetically sealed containers are sold, exposed for sale, or offered for sale or transportation more than 36 months after the last day of the month in which they were tested for germination before packaging, they shall be retested within nine months, exclusive of the calendar month in which the retest was completed, immediately before the sale, exposure for sale, or offering for sale or transportation.

(3) The 36-month provision on the date of the test in Section 4-16-5 will apply to hermetically sealed agricultural and vegetable seed when the following conditions have been met:

(a) the seed was packaged within nine months after harvest;

(b) the container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of the surface at 100 degrees F. with a relative humidity on one side of 90% and on the other side 0%, assuming vapor penetration (WVP) is measured by the standards adopted by the U. S. Bureau of Standards as: WVP=gm H 2 O/24 hr./100 sq. in./100 degrees F./90% RHV, 0%RH; and

(c) the seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed in Table 8 or Table 9;

TABLE 8

AGRICULTURAL SEEDS

PERCENT

Beet, field

7.5%

Beet, sugar

7.5%

Bluegrass, Kentucky

Clover, crimson

Fescue, red

Ryegrass, annual

Ryegrass, perennial

any other agricultural seed

mixtures of above

TABLE 9

VEGETABLE SEED

PERCENT

Bean, garden

Bean, lima

Beet

7.5%

Broccoli

Brussels sprout

Cabbage

Carrots

Cauliflower

Celeriac

Celery

Chard, Swiss

7.5%

Cabbage, Swiss

Chives

6.5%

Collards

Corn, sweet

Cucumber

Eggplant

Kale

Kohlrabi

Leek

6.5%

Lettuce

5.5%

Muskmelon

Mustard, India

Onion

6.5%

Onion, Welsh

6.5%

Parsley

Parsnip

Pea

Pepper

4.5%

Pumpkin

Radish

Rutabaga

Spinach

Squash

Tomato

5.5%

Turnip

Watermelon

6.5%

all other vegetable seeds

(d) the container is conspicuously labeled in not less than eight point type to indicate:

(i) that the container is hermetically sealed;

(ii) that the seed has been preconditioned as to moisture content; and

(iii) the calendar month and year in which the germination test was completed; and

(e) the vegetable seed germination percentage at the time of packaging was equal to or above the standards specified in Section R68-8-10.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-14 Seed Testing

(1) Rules for testing seeds shall be the same as those found in the current "Rules for Testing Seeds" recommended by the AOSA.

(2) For seeds not listed in the "Rules for Testing Seed," procedures for testing shall be determined by the state seed analyst based upon the most authoritative seed testing information available. The department has a copy of the "Rules for Testing Seeds", on file in the seed laboratory.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-15 Labeling of Chemical Tests for Viability (Tetrazolium)

(1) The results of tetrazolium (TZ) tests performed in accordance with the current "Rules For Testing Seeds" of the AOSA shall be recognized for viability labeling purposes.

(2) For all seeds, if a TZ test is used in place of a germination test, the label shall reflect that the seed was tested for viability using a TZ test in place of a germination test.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-16 Labeling of Seed Distributed to Wholesalers

(1) After the seed has been conditioned, it shall be labeled before distribution to any person, including a wholesaler.

(2) Each bag or bulk lot shall be labeled entirely when supplied to a retailer or consumer.

(3) Labeling of seed supplied to a wholesaler, one whose predominant business is to provide seed to other distributors rather than to consumers of seed, may be by invoice or other records, if each bag or other container is identified by a lot number stenciled on the container or if the seed is in bulk.

(4) Each bag or container that is not identified by seed lot, shall carry complete labeling.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-17 Records

A complete record shall be kept for two years by each person for each lot of seed consisting of the information about their transactions and the information received from others about their transactions concerning each lot of seed in compliance with Subsection 4-16-102(6) and Section 4-16-303.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-18 Advertising

(1) The name of a kind or kind and variety of seed and any descriptive terms shall be correctly represented in any advertisement of seed.

(2) The representation of the name of a kind or kind and variety of seed in any advertisement shall not create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive words and firm names may be used in kind and variety name; provided, the descriptive words or firm names are a part of the kind or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seed Simpson, and Henderson Bush Lima. A seed shall not be designated as a hybrid seed in any advertisement unless it comes within the definition of "Hybrid" in Section 4-16-102.

(3) Terms descriptive as to color, shape, size, the habit of growth, disease resistance, or other characteristics of the kind or variety, may be associated with the name of the kind or variety; provided, that it is done in a manner that clearly indicates the descriptive term is not part of the name of the kind or variety; for example, Oshkosh pepper (yellow) Copenhagen Market (round head) cabbage, and Kentucky Wonder pole bean.

(4) Terms descriptive of quality or origin and words descriptive of the basis for representations made may be associated with the name of the kind or variety of seed; provided, the terms are clearly identified as not part of the name of the kind or variety; for example, Blue Tag Gem Barley, Idaho Origin Ranger Alfalfa.

(5) Terms descriptive of the way or method of production or processing the seed may be associated with the name of the kind or variety of seed, providing the terms are not misleading.

(6) Brand names and terms taken from trademarks may be associated with the name of the kind and variety or mixtures of kinds or blends of varieties of seed as an indication of source; provided, that the terms are clearly indicated as being other than part of the name of the kind and variety, mixture, or blend. For example, Valley Brand Blend 15 Alfalfa, or River Brand Golden Cross Corn.

(7) If a number is associated with the word "mix" or "mixture," it shall represent the number of kinds rather than the number of varieties. For example, a 3-Way Mix shall include three different "kinds" of seed.

(8) Labeling, advertising, or other representations subject to this rule and claiming a seed lot is of a certified origin or any class thereof shall be determined by a seed certifying agency that shall verify:

(a) that the seed conforms to standards of purity and identity as to kind, species, and subspecies, if appropriate, or variety, and that tree and shrub seed was found to be of the origin and elevation claimed about the seed;

(b) that the seed bears an official label issued for the seed by a seed certifying agency certifying that the seed is of a specified class and a specified kind, species, and subspecies if appropriate, or variety; and

(c) if the seed is a variety protected under the Plant Variety Protection Act, 7 USC 2321 and specifies sale only as a class of certified seed, the seed is labeled with a varietal name and certified by an official seed certifying agency. Seed from a certified lot may be labeled as to the variety name when used in a mixture by, or with the approval of, the owner of the variety.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-19 Unlawful Acts

A person may not:

(1) detach, alter, deface, or destroy any label provided for in this rule;

(2) alter or substitute seed with the intent to defeat the purpose of this rule;

(3) engage in false or misleading advertising and labeling regarding seeds;

(4) use the name of the department or the name of the official laboratory for advertising purposes in connection with seed analyzed or tested by the official laboratory, except in the case of certified seed;

(5) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or tags attached, except with permission of the department, and for the purpose specified;

(6) use the word "trace" or the phrase "contains > than .01%" as a substitute for any statement that is required;

(7) use the word "type" in any labeling in connection with the name of any agricultural seed variety;

(8) alter or falsify any seed labels, seed tests, laboratory reports, records, or other documents to create a misleading impression as to kind, kind of variety, history, quality, certification, or origin of the seed;

(9) sell or market a protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it without obtaining the approval of the variety owner or developer; or

(10) hinder or obstruct, in any way, any authorized person in performing their duties.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

Utah Admin. Code R68-8-20 Fees for Testing Services

(1) The fees for testing samples, representing seed sold or offered for sale, or other services performed by the state seed laboratory, shall be determined by the department pursuant to Subsection 4-2-103(2).

(2) A current listing of approved fees may be obtained upon request from, the department and is listed on the department's website.

History

KEY: inspections
Date of Last Change: August 22, 2023
Notice of Continuation: September 5, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103; 4-16; 4-17-103

R68-9 Utah Noxious Weed Act

Utah Admin. Code R68-9-1 Purpose and Authority

(1) Promulgated under authority of Subsections 4-2-103(1)(i), 4-17-115(3), and Section 4-17-103.

(2) This rule establishes the designations for noxious weeds, the designations for noxious weed disseminators, and the prescribed treatment for articles.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

Utah Admin. Code R68-9-2 Definitions

(1) "Commission" means the legislative body in each county of the state.

(2) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food or the commissioner's designee.

(3) "Department" means the Utah Department of Agriculture and Food.

(4) "EDRR" means early detection and rapid response.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

Utah Admin. Code R68-9-3 Designation and Publication of State Noxious Weeds

(1) The department designates and publishes noxious weeds into five classes.

(2) Noxious and invasive weeds listed in Table 1 are Class 1A: EDRR Watch List. They are declared to be:

(a) not native to Utah;

(b) not known to exist in the state;

(d) a very high priority if identified in the state.

TABLE 1

Class 1A (EDRR Watch List)

Weed Name

Binomial Name

Common crupina

Crupina vulgaris

Mediterranean sage

Salvia aethiopis

Plumeless thistle

Carduus acanthoides

Small bugloss

Anchusa arvensis

Spring millet

Milium vernale

Syrian bean caper

Zygophyllum fabago

(3) Noxious and invasive weeds listed in Table 2 are Class 1B: EDRR. They are declared to be:

(a) not native to Utah;

(b) known to exist in the state in very limited populations;

TABLE 2

Class 1B (EDRR)

Weed Name

Binomial Name

African mustard

Brassica tournefortii

African rue

Peganum harmala

Blueweed (Vipers bugloss)

Echium vulgare

Camelthorn

Alhagi maurorum

Common St. Johnswort

Hypericum perforatum

Cutleaf vipergrass

Scorzonera laciniata

Elongated mustard

Brassicas elongate

Eurasian watermilfoil

Myriophyllum spicatum L.

Garlic mustard

Alliaria petiolate

Giant reed

Arundo donax

Goat's rue

Galega officinalis

Japanese knotweed

Polygonum cuspidatum

Malta starthistle

Centaurea melitensis

Oxeye daisy

Leucanthemum vulgare

Parrot feather

Myriophyllum aquaticum

Purple starthistle

Centaurea calcitrapa

Ventenata (North African grass)

Ventenata dubia

(4) Noxious and invasive weeds listed in Table 3 are Class 2: Control. They are declared to be:

(a) not native to Utah;

(b) a threat to the state; and

(i) Weeds listed in the control list are known to exist in varying populations throughout the state.

(ii) The concentration of these weeds is at a level where control or eradication may be possible.

TABLE 3

Class 2 (Control)

Weed Name

Binomial Name

Black henbane

Hyoscyamus niger

Dalmatian toadflax

Linaria dalmatica

Diffuse knapweed

Centaurea diffusa

Dyer's woad

Isatis tinctoria

Leafy spurge

Euphorbia esula

Medusahead

Taeniatherum caput-medusae

Purple loosestrife

Lythrum salicaria

Rush skeleton weed

Chondrilla juncea

Spotted knapweed

Centaurea stoebe

Squarrose knapweed

Centaurea virgata

Yellow starthistle

Centaurea solstitialis

Yellow toadflax

Linaria vulgaris

(5) Noxious and invasive weeds listed in Table 4 are Class 3: Containment. They are declared to be:

(a) not native to Utah; and

(b) widely spread.

(i) Weeds listed in the containment noxious weeds list are known to exist in various populations throughout the state.

(ii) Weed control efforts may be directed at reducing or eliminating new or expanding weed populations.

(iii) A County Weed Control Board may determine known and established weed populations and manage them according to any approved weed control methodology.

(iv) Class 3 weeds threaten the agricultural industry and agricultural products.

(v) The department does not consider Bermudagrass as a noxious and invasive weed in Washington County and it is not subject to Title 4, Chapter 17 Utah Noxious Weed Act within Washington County.

(vi) Triploid hybrid Bermudagrass purchased from a producer certified with the Utah Crop Improvement Association and the Nursery Inspection program is allowed for commercial and private uses throughout Utah.

TABLE 4

Class 3 (Containment)

Weed Name

Binomial Name

Bermudagrass*

Cynodon dactylon

Canada thistle

Cirsium arvense

Field bindweed (Wild Morning-glory)

Convolvulus spp.

Hoary cress (globe-podded)

Lepidium draba (Cardaria draba)

Hoary cress (heart-podded)

Lepidium chalepense (Cardaria chalepensis)

Hoary cress (lens-podded)

Lepidium appelianum (Cardaria pubescens)

Houndstongue

Cynoglossum officianale

Jointed goatgrass

Aegilops cylindrica

Musk thistle

Carduus nutans

Perennial pepperweed (Tall whitetop)

Lepidium latifolium

Perennial Sorghum spp. Including: Johnson grass Columbus grass

Sorghum halepense

Sorghum almum

Phragmites (Common reed)

Phragmites australis ssp.

Poison hemlock

Conium maculatum

Puncturevine (Goathead)

Tribulus terrestris

Quackgrass

Elymus repens

Russian knapweed

Acroptilon repens

Scotch thistle (Cotton thistle)

Onopordum acanthium

Tamarisk (Saltcedar)

Tamarix ramosissima

Bermudagrass (Cynodon dactylon) may not be considered a noxious weed in Washington County.

Triploid Hybrid Bermudagrass is not considered a noxious weed in Utah.

(6) Noxious and invasive weeds listed in Table 5 are Class 4: Prohibited for sale or propagation. They are declared to be:

(a) not native to Utah; and

(b) a threat to the state through retail sales or propagation in the nursery and greenhouse industry.

(i) The department designates annual, biennial, or perennial plants that have the potential or are known to be detrimental to human or animal health, the environment, public roads, crops, or other property as prohibited noxious weeds.

(ii) Section R68-8-2 Prohibited Noxious Weed Seeds and Restricted Weed Seeds are listed.

TABLE 5

Class 4 (Prohibited)

Weed Name

Binomial Name

Cogongrass (Japanese blood grass)

Imperata cylindrica

Dames Rocket

Hesperis matronalis

Myrtle spurge

Euphorbia myrsinites

Russian olive

Elaeagnus angustifolia

Scotch broom

Cytisus scoparius

(7) Tables 1, 2, 3, 4, and 5 list the weeds officially designated and published as noxious weeds for Utah. Each county may have different priorities regarding specific state designated noxious weeds and may reprioritize these weeds for the county weed list.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

Utah Admin. Code R68-9-4 Designations, Publications, and Prescribed Treatment for Articles Capable of Disseminating Noxious Weeds

(1) Any person using articles in a manner that puts the articles at risk of contamination with noxious and invasive weeds shall treat them with the minimum treatment required to prevent the dissemination of noxious weed seeds or parts of noxious weed plants that could cause new growth.

(2) The department designates and publishes the following articles as capable of disseminating noxious and invasive weeds.

(a) Machinery and Equipment.

(i) A person, company, or corporation may not:

(A) bring any harvesting or threshing machinery, portable feed grinders, portable seed cleaners, or other farm vehicles or machinery into the state without cleaning the equipment to ensure it is free from any noxious weed seed or plant parts; or

(B) move any harvesting or threshing machinery, portable feed grinders, or portable seed cleaners from any farm infested with any noxious weed without cleaning the equipment to ensure it is free from any noxious weed seed and plant parts.

(ii) Threshing machinery that is contaminated with noxious weeds shall be cleaned immediately following the threshing of grain or seed by:

(A) removing any loose material from the top and side of the machine by sweeping with a blower;

(B) opening the lower end of the elevator, return and measuring device, and removing infested material from shakers, sieves, and other places of lodgement;

(D) following the manufacturer's detailed suggestions for cleaning the machine.

(b) Farm Trucks and Common Carriers.

(i) A person, company, or corporation may not transport seed, screenings, or feed of any kind containing noxious weed seed over or along a highway in this state or on any railroad unless the seed, screenings, or feed containing noxious weed seed is carried or transported in vehicles or containers that will prevent the leaking or scattering of the seed, screenings, or feed containing noxious weed seed.

(ii) A common carrier shall thoroughly clean cars, trucks, vehicles, or other receptacles after they deliver each load to a consignee and destroy any noxious weed seeds or plant parts before placing the car, truck, vehicle, or receptacle into service.

(i) A person, firm, or corporation may not sell, offer or expose for sale, or distribute any agricultural, vegetable, flower, or tree and shrub seeds for seeding purposes that contains any seeds of those weeds declared noxious by the department.

(ii) A department agricultural inspector shall remove any lots of seeds offered for sale that they find to contain noxious weed seeds.

(A) The seed may be recleaned under the supervision of the inspector, and if found to be free from noxious weed seeds, released for sale or distribution; otherwise, the seed shall be:

(I) returned to the point of origin;

(II) shipped to another state where the weed shall be returned to the point of origin;

(III) shipped to another state where the weed seed is not noxious; or

(IV) destroyed or processed in a manner as to destroy the viability of the weed seeds.

(d) Screenings Sold for Livestock Feed.

(i) A person that uses screenings in commercial feed or sells them to an ultimate consumer shall ensure that, any screenings or by-products of cleaning grains or other seeds containing noxious weed seeds are ground fine enough or otherwise treated to destroy the weed seeds so that the finished product contains at most six whole noxious weed seeds per pound.

(ii) The operator of a mill and plant that cleans or processes any grains or other seeds shall grind or otherwise treat any screenings containing noxious weed seeds to destroy the weed seeds to the extent that the tolerance in this rule is not exceeded before allowing the grains or other seeds to be removed from the mill or plant.

(A) Screenings may be moved to another plant for grinding and treatment, provided that each container or shipment is labeled with the words "screenings for processing - not for seeding or feeding" and with the name and address of the consignor and the consignee.

(e) Livestock Feed Material.

(i) A person, company, or corporation may not sell or offer for sale, barter, or give away to the ultimate consumer any livestock feed material, including whole grains, that contain more than six whole noxious weed seeds per pound.

(A) Whole feed grain that exceeds this tolerance of noxious weed seeds may be sold to commercial processors or commercial feed mixers if the manner of processing will reduce the number of whole noxious weed seeds to no more than six per pound.

(f) Hay, Straw, or Other Material of Similar Nature.

(i) A person, company, or corporation may not:

(A) sell or offer for sale, barter, or give away any hay, straw, or other material of similar nature that is contaminated with mature noxious weed seeds or parts of noxious weed plants that could cause new growth; or

(B) alter, change, or falsify the information contained on a phytosanitary certificate.

(ii) Manure produced from grain, hay, or other forage infested with noxious weeds may only be dumped on the premises of the owner of the manure.

(g) Soil, Sod, and Nursery Stock.

(i) A person, company, or corporation may not remove soil, sod, or nursery stock that contains or is contaminated with noxious weed seeds or parts of the plant that could cause new growth from the premises where it is located until it is cleaned of weed seed or plant parts.

(ii) Contaminated soil may be used for restrictive non-planting purposes with permission and under the direction of the County Weed Supervisor or a department representative.

(h) Livestock.

(i) A person, company, or corporation may not allow livestock that has been fed with grain, hay, or other forage containing noxious weed seeds to range or graze upon fields other than those upon which they have been so fed for 72 hours following the feeding. During this period, the livestock shall be fed materials not contaminated with noxious weed seeds.

(2) Any person, company, or corporation may not sell, barter, or give away any noxious weed plants or seeds for any purpose.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

Utah Admin. Code R68-9-5 Reports from Counties

(1) The commission of each county, with the aid of their County Weed Control Board and their County Weed Supervisor, shall submit an "Annual Progress Report of County Noxious Weed Control Program" to the commissioner by January 15 of each year, covering the activities of the previous calendar year.

(2) The department shall provide a form for this report.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

Utah Admin. Code R68-9-6 Notices

(1) On or before May 1 of each year, each County Weed Control Board shall publish a general notice of the noxious weeds in the county on the Utah Public Notice Website. The general notice shall meet the applicable requirements listed in Section 63G-30-102.

(2) The County Weed Control Board may determine and publish the general notice at any time and shall include:

(a) a requirement that property owners control and prevent the spread of noxious weeds on land in their possession, or under their control;

(b) a warning that if they fail to comply with Subsection R68-9-6(2)(a), then county authorities may impose weed control measures;

(3)(a) Following publication of a general notice, if a County Weed Control Board determines that definite weed control measures are required to control noxious weeds on a particular property, they may serve notice on an owner or the person in possession of the property.

(b) The notice will give specific instructions concerning when and how the owner or the person in possession of the property shall control noxious weeds within a named period.

(4) An owner or person in possession of property who fails to take action to control or prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.

(5) After five working days have passed from when a commission declares a property a public nuisance, the commission may take action to control or prevent the spread of noxious weeds on a particular property and the owner of record or person in possession of the property shall pay any expenses incurred by the county.

(6) Following the action taken, a final notice shall:

(a) be provided to the person in possession of the property;

(b) show an itemized cost statement of the labor and materials used in the control measures consistent with Section 4- 17-110;

(d) a statement that the incurred expense constitutes a lien against the property and may be added to the general property taxes collectible by the county treasurer if payment is not made on time.

History

KEY: noxious weeds, weed classifications, weed control
Date of Last Change: June 28, 2024
Notice of Continuation: April 25, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-17-115(3); 4-17-103; 63G-30-102

R68-10 Quarantine Pertaining to the European Corn Borer

Utah Admin. Code R68-10-1 Purpose and Authority

(1) Promulgated under authority of Subsection 4-2-103(1)(k).

(2) This rule establishes a quarantine pertaining to the European Corn Borer (Ostrinia nubilalis), a pest not known to exist in Utah, but exists in the described infested areas. This rule sets forth the name of the pest against which the quarantine is established, the infested area, the products regulated, and specifying conditions governing shipments and issuance of certificates under which products may be shipped.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-2 Definitions

(1) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food.

(2) "Department" means the Utah Department of Agriculture and Food.

(3) "Portions of plants or fragments capable of harboring larvae of European Corn Borer" means any portion of a host plant of any shape or size that cannot be passed through a 1/2 inch square aperture, and any completely whole, round uncrushed section, portion, or piece of cob, stalk, or stem of one-inch or more in length and 3/16-inch or more in diameter.

(4) "Official Certificate" means a document, issued by an authorized official of the state where the document is produced, evidencing compliance with this rule and setting forth any information and facts needed.

(5) "Restricted Product" means a product that is a host or possible carrier of European Corn Borer pursuant to Section R68-10-6.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-3 Pest

(1) European Corn Borer (Ostrinia nubilalis)

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-4 Areas Under Quarantine

(1) Each State and District of the United States except the States of:

(a) Alaska;

(b) Arizona;

(d) Hawaii;

(e) Idaho;

(f) Nevada;

(g) New Mexico;

(h) Oregon; and

(i) Washington.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-5 Infested Areas

(1) Entire States of:

(a) Alabama;

(b) Arkansas;

(d) Connecticut;

(e) Delaware;

(f) Georgia;

(g) Illinois;

(h) Iowa;

(i) Indiana;

(j) Kansas;

(k) Kentucky;

(l) Louisiana;

(m) Maine;

(n) Maryland;

(o) Massachusetts;

(p) Michigan;

(q) Minnesota;

(r) Mississippi;

(s) Missouri;

(t) Montana;

(u) Nebraska;

(v) New Hampshire;

(w) New Jersey;

(x) New York;

(y) North Carolina;

(z) North Dakota;

(aa) Ohio;

(ab) Oklahoma;

(ac) Pennsylvania;

(ad) Rhode Island;

(ae) South Carolina;

(af) South Dakota;

(ag) Tennessee;

(ah) Vermont;

(ai) Virginia;

(aj) West Virginia;

(ak) Wisconsin;

(al) Wyoming; and

(am) the District of Columbia.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-6 Commodities Covered

(1) Restricted Products:

(a) The plant and any plant part, including seed, shelled grain, stalks, ears, and sweet corn on the cob, of:

(i) corn;

(ii) broomcorn;

(iii) sorghums; and

(iv) sudangrass.

(b) beans in the pod;

(d) celery;

(e) peppers - fruits;

(f) endive;

(g) Swiss chard;

(h) rhubarb, including cut rhubarb or rhubarb plants with roots; and

(i) cut flowers and entire plants of:

(i) aster;

(ii) chrysanthemum;

(iii) calendula;

(iv) cosmos;

(v) hollyhock;

(vi) marigold;

(vii) zinnia;

(viii) Japanese hop;

(ix) dahlia; and

(x) gladiolus.

(2) Dahlia tubers without stems shall not be considered restricted products.

(3) Gladiolus corms without stems shall not be considered restricted products.

(4) Seed for planting purposes and popcorn for human consumption shall not be considered restricted products when free from portions of plants or fragments capable of harboring larvae of European Corn Borer

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-7 Restrictions

(1) Certification is needed on any shelled grain from areas under quarantine.

(2) Except as provided in Subsection R68-10-7(4), each lot or shipment of shelled corn, broomcorn, sorghum, and sudangrass grown in or shipped from the area under quarantine described in Section R68-10-4, or imported or brought into this state shall be accompanied by an official certificate showing that:

(a) with respect to shelled grain grown in or shipped from the infested area:

(i) the grain has been passed through a 1/2-inch mesh screen or less and is believed to be free from stalks, cobs, stems, or portions of plants or fragments capable of harboring larvae of the European Corn Borer, and that the car or truck that transported the grain was free from stalks, cobs, stems, or portions of plants or fragments when loading; or

(ii) the grain has been fumigated by a method and in a manner prescribed by the department, and setting forth the date of fumigation, dosage schedule, and kind of fumigant used; or

(b) with respect to shelled grain grown in and shipped from non-infested states under quarantine, a certificate issued by the proper official of the state where the grain was produced, affirming that any grain covered by the certificate is a product of the state where no European Corn Borer is known to exist and that its continued identity has been maintained to assure no blending or mixing with grain, plants, or portions produced in or shipped from an infested area.

(2) Any lot or shipment of shelled grain arriving in this state that is not accompanied by an official certificate, or that is certified on the basis of freedom from contamination with portions of plants or fragments capable of harboring larvae of European Corn Borer and that is found to be contaminated, shall be considered in violation of this quarantine.

(3) Any certificates issued in compliance with this quarantine shall also set forth the kind and quantity of the commodity constituting the lot or shipment, the initials and number of the railway car or license number of a truck, and the names and addresses of the shipper and consignee.

(4) Small lots and packages of seed may be admitted without a certificate.

(a) Individual shipments or lots of one hundred pounds or less of clean shelled grain and seed covered by this quarantine, or comprised of packages of less than ten pounds, are exempted from the certification requirements and will be admitted into this state subject to inspection and freedom from portions of plants or fragments capable of harboring European Corn Borer.

(5) Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and sudangrass may be admitted under a fumigation treatment certificate.

(a) Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and sudangrass grown in or shipped from the area under quarantine imported as stalks, ears, cobs, or other part, fragments, or debris of corn, broomcorn, sorghums, and sudangrass or as packing or otherwise, shall be admitted into this state only if each lot or shipment is accompanied by an official certificate of the state of origin, affirming that any stalks, ears, cobs, or other parts, fragments, or debris of the plants have been fumigated by a method and in a manner prescribed by the department, and setting forth the date and full particulars of the treatment applied.

(b) Stalks, ears, cobs, or other parts, fragments, or debris of plants grown in and shipped from states under quarantine not listed in the infested area shall be admitted into this state, provided each shipment or lot is accompanied by an official certificate of the state where produced, affirming that the product is a product of the state where no European Corn Borer is known to exist and that continued identity of the product has been maintained to assure no handling or storage in association with stalks, ears, cobs, or other parts, fragments, or debris of the plants grown in or shipped from infested areas.

(c) Each certificate issued in compliance with Subsection R68-10-7(5) shall also set forth the kind and quantity of the commodity constituting the lot or shipment covered, the initials and number of the railway car or license number in the case of a truck, and the names and addresses of the shipper and consignee.

(6) Certification is needed on certain vegetable and ornamental plants and plant products produced in or shipped from an infested area.

(a) Except as provided in Subsection R68-10-7(7), each restricted product, produced in or shipped from the infested area shall be admitted into this state, provided each lot or shipment is officially certified by an authorized official of the state where produced, showing that the plants, products, or cut flowers have been inspected or that the greenhouse or growing grounds where the restricted products were produced were inspected and no European Corn Borer was found, or that the plants, products, or cut flowers have been fumigated by a method and in a manner prescribed by the department, and setting forth the date of fumigation, dosage schedule, and kind of fumigant used.

(b) No restrictions are placed by this quarantine on the entry into Utah of vegetable and ornamental plants and plant products produced in and shipped from any non-infested state.

(7) Certification requirements of Subsection R68-10-7(6) are waived on individual shipments or lots of certain restricted vegetable, ornamental plants, and plant products described, under and subject to the following conditions.

(a) In lots of shipments of ten pounds or less of beans in the pod, beets, peppers fruits, endive, Swiss chard, and rhubarb, including cut rhubarb or rhubarb plants with roots.

(b) During period of November 30th to May 1st - divisions without stems of the previous year's growth, rooted cuttings, seedling plants and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, and Japanese Hop.

(8) No restrictions are placed by this quarantine upon the movement of restricted products that are processed or manufactured in a manner as to eliminate any danger of carrying the pest quarantined against.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-8 Enforcing Powers

(1) Authorized agents of the department shall refuse admittance into this state any quarantined products that do not meet the provisions of this quarantine.

(2) Any shipment found within Utah in violation of this quarantine shall be treated to comply with this quarantine or be returned to the shipper at once. In either case, the shipper shall pay the expense incurred.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-9 Approved Fumigation Treatment for European Corn Borer Bulk Shelled Grain - Corn, Broomcorn, Sorghum, and Sudangrass in Railway Cars or Trucks

Atmospheric fumigation is required for a period of 16 hours using methyl bromide at the following rates to be determined by the temperature of the product and interior of the car during the period of exposure.

TABLE

Temperature

LBS. Per 1,000 CU. FT.

60 degrees F and above

55-59 degrees F

4.5

50-54 degrees F

45-49 degrees F

5.5

40-44 degrees F

35-39 degrees F

6.5

30-34 degrees F

25-29 degrees F

7.5

20-24 degrees F (minimum)

Hot gas method of application must be use at temperatures below 40 degrees F

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-10-10 Requirements During Fumigation

(1) Truck and railway cars being used as fumigating chambers shall be sealed in a manner to make them gas-tight.

(2) Blowers shall be provided to circulate the gas throughout the space being fumigated.

(3) When fumigation takes place below 40 degrees F., a hot gas method of fumigation shall be used.

(4) CAUTION: Methyl bromide (CH 3 Br) is a colorless, odorless, volatile liquid which when released at ordinary temperatures is a gas injurious to any form of animal life. Proper precautions shall be observed by any persons when handling it. Contact the department for further information.

History

KEY: plant diseases
Date of Last Change: June 21, 2022
Notice of Continuation: January 23, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

R68-11 Emerald Ash Borer Quarantine

Utah Admin. Code R68-11-1 Authority

Subsection 4-2-103(1)(k) and Section 4-35-109 authorize this rule.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-2 Purpose

(1) This rule establishes a quarantine pertaining to the Emerald Ash Borer, Agrilus planipennis .

(2) It sets the infested area, the articles regulated, and conditions governing shipments and issuance of certificates under which products may be shipped.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-3 Definitions

(1) "Area Under Quarantine" means the United States and Canada.

(2) "Ash" means any species of the genus Fraxinus.

(3) "Emerald Ash Borer," means Agrilus planipennis, a beetle, family Buprestidae, which in the larval stage attacks and often kills ash trees, genus Fraxinus .

(4) "Person" means any individual, firm, association, partnership, corporation, government entity, or other legal entity.

(5) "Regulated Article" means any article on which the Emerald Ash Borer, Agrilus planipennis , in any stage of development, may be present, including:

(a) any ash trees, genus Fraxinus ;

(b) any green waste of ash trees;

(d) any other plant, plant part, article, or means of conveyance when it is determined by the Commissioner to present a hazard of spreading Emerald Ash Borer due to infestation or exposure to infestation by Emerald Ash Borer.

(6) "Business days" means days the department is open to the public.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-4 Restrictions

(1) A person may not transport, offer, expose, or hold for sale a regulated article in Utah from an area under quarantine unless each requirement of Section R68-11-5, Importation and Treatment, has been met.

(2) A person who transports or supplies a regulated article in Utah from an area under quarantine shall maintain records, certificates, receipts, and any other related documents for two years from the date of issuance.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-45 Importation and Treatment

(1) The department prohibits the entry into Utah of each regulated article from an area under quarantine unless the department:

(a) grants an exemption per Section R68-11-7; and

(b) receives the required certification from an authorized state agricultural official of the state of origin.

(2) The certificate shall include the:

(a) name and address of the exporter;

(b) name and address of the importer;

(d) signature of the authorized state agricultural officer.

(3) The authorized state agricultural official of the state of origin shall certify that the regulated article has exclusively been grown, produced, stored, held, or handled in a state or county that has been granted an exemption under Section R68-11-7.

(4) The certifying official shall submit a copy of the certificate to the Plant Industry Division of the Utah Department of Agriculture and Food via email at UDAF-Nursery@utah.gov.

(5) Before exporting regulated articles, the exporter shall notify the department at least ten business days by email to UDAF-Nursery@utah.gov.

(6) The importer shall notify the department upon arrival and shall hold the regulated article for inspection for two business days.

(7)(a) The department may inspect and either reject or release the regulated article within two business days of delivery.

(b) If the department does not inspect the shipment within two business days, the importer may release the regulated article.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-6 Records

(1) A person who transports or supplies a regulated article shall include on each record, certificate, or other document provided to the department:

(a) information regarding the source of the regulated article; and

(b) the disposition of the regulated article.

(2) A person who sells regulated articles shall include information regarding the source and supplier of the regulated article on each record, certificate, or other document provided to the department.

(3) To enforce this rule, the department may:

(a) inspect each record, certificate, document, inventory, and facility of a person who transports, supplies, or sells a regulated article from an area under quarantine;

(b) conduct an inspection at any time during reasonable business hours; and

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-7 Exemptions

(1) The Emerald Ash Borer, Agilus planipennis , in any stage of development, is not exempt from this rule under any circumstances.

(2) Upon written request, the Commissioner may exempt a regulated article from an individual state, county, or province.

(3) An applicant for an exemption shall submit a written request to the department that shall:

(a) certify that Emerald Ash Borer is not known to be present in their jurisdiction;

(b) provide documents outlining their Emerald Ash Borer monitoring program;

(i) how the trapping survey was carried out;

(ii) the number and location of traps;

(iii) results of the trapping survey; and

(iv) history of the Emerald Ash Borer trapping survey;

(d) certify that they will notify the department of any Emerald Ash Borer detections within their jurisdiction within 48 hours; and

(e) provide written justification explaining why regulated articles from their state, county, or province present a low risk for Emerald Ash Borer introduction into Utah.

(4) The department shall:

(a) maintain a current and publicly available list of exempt states, counties, and provinces;

(b) respond in writing within ten business days of the request for exemption; and

(5) The department may at any time revoke an exemption due to a change in the risk assessment and shall notify the jurisdiction, in writing, identifying the reason for the revocation.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-8 Violations

(1) The department may not admit into Utah any regulated article from an area under quarantine that does not meet the requirements of this rule.

(2) The department shall direct a shipment found in Utah in violation of this rule to be:

(a) destroyed; or

(b) returned to the exporter.

(3) The exporter or the exporter's authorized agent shall pay all incurred expenses.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-11-9 Violations and Penalties

(1) A person is in violation of this rule if the person:

(a) provides fraudulent or incorrect information to circumvent the enforcement of this rule; or

(b) fails to comply with a requirement of this rule.

(2) Each individual regulated article or shipment of regulated articles constitutes a separate violation.

History

KEY: plant diseases, Emerald Ash Borer, Agrilus planipennis, Ash, Fraxinus, quarantine, regulated article, plant industry
Date of Last Change: April 6, 2026
Notice of Continuation: March 16, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

R68-14 Spongy Moth Quarantine

Utah Admin. Code R68-14-1 Authority

Subsection 4-2-103(1)(k) and Section 4-35-109 authorize this rule.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-2 Purpose

This rule establishes a quarantine for the spongy moth, Lymantria dispar .

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-3 Definitions

(1) "Spongy moth, Lymantria dispar " means a lepidopterous insect of the family Lymantriidae that, in the larval stage, defoliates many species of trees and shrubs.

(2) "Regulated articles" means articles and commodities that are placed under quarantine when located within or originating from an area listed in Section R68-14-4.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-4 Area Under Quarantine

The department designates as a quarantined area any U.S. state, district, or territory, and any province of Canada, declared as a high risk area for spongy moth by:

(1) the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS); or

(2) the commissioner.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-5 Regulated Articles

(1) The department considers the following to be regulated articles:

(a) any life stage of the spongy moth;

(b) trees, shrubs with persistent woody stems, Christmas trees, and parts of trees and shrubs;

(i) lumber, planks, and poles;

(ii) logs, firewood, and pulpwood; and

(iii) fencing, and building blocks;

(d) mobile homes, recreational vehicles, trailers, boats, and camping gear, including any associated equipment;

(e) Outdoor Household Articles (OHA), including:

(i) furniture, and toys;

(ii) garden tools, and garden machinery;

(iii) animal houses, and storage sheds;

(f) any other items or means of conveyance when the commissioner determines it presents a hazard of the spread of any life stage of spongy moth.

(2) The department does not consider seeds, fruits, and cones to be regulated parts of trees and shrubs.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-6 Spongy Moth Quarantine Restrictions

(1) A person may not move any regulated articles into Utah from a quarantined area except under the conditions listed in this rule.

(2) Any person who moves into the state from an area known to be infested with spongy moth shall:

(a) register their Utah residence with the department within 30 days of entering the state; or

(b) submit to the department a finished "Spongy Moth Outdoor Household Articles Transit Inspection Follow-up Worksheet" or other official state or APHIS inspection form, which includes:

(i) origin of regulated articles before movement to Utah;

(ii) Utah address stating where regulated articles are destined; and

(iii) address of owner if different from the address given in Subsection R68-14-6(1)(b)(ii).

(3) The department may inspect each regulated article of any person moving into the state from quarantined areas.

(4) The department may maintain a spongy moth trap for two entire seasons at the residences of each new person who has moved into the state from quarantined areas.

(5) Any person who fails to notify the department with the official notice form or form described in Subsection R68- 14-6(1)(b) within 30 days of entering the state:

(a) shall be in violation of this quarantine; and

(b) may be liable for costs associated with any eradication program caused by failure to notify the department.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-14-7 Violations and Penalties

A person is in violation of this rule if they:

(1) provide any fraudulent information on any required forms;

(2) intentionally moves any life stage of the spongy moth from any infested area;

(3) fail to perform or have a regulated article inspection as required by this rule;

(4) willfully move property after notification;

(5) fail to register with the department within 30 days of moving to Utah from a quarantined area; or

(6) fail to comply with any section of this rule.

History

KEY: quarantine, spongy moth, Lymantria dispar, regulated articles
Date of Last Change: April 6, 2026
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

R68-15 Quarantine Pertaining to Japanese Beetle, Popillia japonica

Utah Admin. Code R68-15-1 Authority

Promulgated under the authority of Subsection 4-2-103(1)(i) and Section 4-35-109.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-2 Purpose

(1) In accordance with Subsection 4-2-103(1)(k), this rule establishes a quarantine, to prevent the spread of the Japanese beetle, Popillia japonica .

(2) This rule identifies the states and Canadian provinces under quarantine, provides import requirements of articles and commodities that are potential carriers or hosts, and details certification options for importation or shipping plant material.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-3 Definitions

In addition to the definitions and terms listed in Section 4-15-103, this rule defines the following terms for this rule.

(1) "Commissioner" means the Commissioner or the Commissioner's designee, of the Utah Department of Agriculture and Food.

(2) "Compliance agreement" means the same as defined in Subsection 4-15-103(3).

(3) "Department" means the Utah Department of Agriculture and Food.

(4) "Free From Soil" means soil in amounts that may not contain hidden Japanese beetle larvae or pupae.

(5) "Japanese beetle, Popillia japonica " means a beetle, family Scarabaeidae, which in the larval state attacks the roots of many plants and as an adult attacks the leaves and fruits of many plants, and which the department considers an invasive and harmful pest that jeopardizes property and resources.

(6) "Phytosanitary certificate" or "certificate" means an official paper or electronic document, issued by a government agency, which certifies a shipment of plants, plant products, or other regulated articles destined for Utah is inspected and found to be free from quarantine pests and may certify that the shipment is treated according to specified phytosanitary import requirements.

(7) "Phytosanitary Official" means a person the department authorizes to act as an agriculture official to inspect and issue certificates, or a person of another state authorized as an agriculture official to inspect and issue certificates.

(8) "Regulated Article" means any plant, plant product, storage place, packaging, conveyance, container, soil, and any other organism, object, or material capable of harboring or spreading pests, which Section R68-15-5 names, and is subject to phytosanitary measures, particularly when transporting across state lines.

(9) "State Agricultural Official" means a government employee who has the authority to perform duties related to agricultural inspections, quarantine, or enforcement.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-4 Quarantine Areas

(1) The department prohibits the entry of Japanese beetle into Utah through the sale of plants and plant products by placing a general quarantine on:

(a) the entire state as listed in Table 1; and

Table 1

Alabama

Maryland

Ohio

Arkansas

Massachusetts

Oklahoma

Colorado

Michigan

Pennsylvania

Connecticut

Minnesota

Rhode Island

Delaware

Mississippi

South Carolina

Florida

Missouri

South Dakota

Georgia

Montana

Tennessee

Illinois

Nebraska

Texas

Indiana

New Hampshire

Vermont

Iowa

New Jersey

Virginia

Kansas

New Mexico

West Virginia

Kentucky

New York

Wisconsin

Louisiana

North Carolina

Wyoming

Maine

North Dakota

District of Columbia

(b) Canadian provinces as listed in Table 2.

Table 2

New Brunswick

Ontario

Newfoundland and Labrador

Prince Edward Island

Nova Scotia

Quebec

(3) The department may quarantine any area within the state where Japanese beetles are found or known to occur, even if that area is not listed in Tables 1 and 2.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-5 Regulated Articles and Commodities Under Quarantine

(1) The department considers the following to be hosts and possible carriers of each stage of the life cycle of the Japanese beetle:

(a) soil, humus, compost, and manure;

(b) any plants with roots;

(d) plant, crowns, or roots for propagation; and

(e) bulbs, corms, tubers, and rhizomes of ornamental plants.

(2) The department may determine any other plant, plant part, article, or means of conveyance that could spread live Japanese beetle due to infestation or exposure to infestation to be a host or possible carrier of the Japanese beetle.

(3) The department may consider the Japanese beetle Popillia japonica , in any stage of its life cycle, as anything used to transport or harbor the beetle, including any vehicle or object used for transport to be a host or possible carrier.

(4) The department may exempt articles from being considered hosts or carriers, in each stage of the life cycle of the Japanese beetle, if the eligible article:

(a) is commercially packaged and treated according to Subsection R68-15-7(2), and the eligible article includes:

(i) soil;

(ii) humus;

(iii) compost; and

(iv) manure;

(b) is entirely free from soil, and the eligible article includes:

(i) bareroot;

(ii) plant, crowns, or roots for propagation;

(iii) bulbs;

(iv) corns;

(v) tubers; and

(vi) rhizomes of ornamental plants.

(5) Although the department exempts items in Subsection R68-15-5(4) if a Japanese beetle is found or suspected, in any stage of life and any of the regulated articles, they are subject to treatment, refusal, or destruction.

(6) The department may consider bare root plants that have had packing materials added after harvesting as not a normal pest risk.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-6 Quarantine Restrictions

(1) The department shall prohibit entry of regulated articles into Utah from quarantine areas until a phytosanitary certificate or compliance agreement has been completed indicating any applicable certification requirements have been met.

(2) A nursery stock or plant owner may ship plants from a quarantine area into Utah if the shipments meet the requirements in this rule and are accompanied by a certificate issued by the origin state.

(3) The department reserves the right to evaluate and may choose not to accept all protocols outlined in the U.S. Domestic Japanese Beetle Harmonization Plan or the US-Canada Greenhouse Grown Plant Certification program for imports.

(4) Before shipping any regulated articles shipments, the shipper shall notify:

(a) the department; and

(b) the receiver to hold the regulated articles for inspection by the department.

(5) The state agricultural officer from the state of origin shall issue a certificate that includes:

(a) shipment certification meets the requirements in Section R68-15-7;

(b) shipper and receiver's name and address;

(d) the signature of the state agricultural official.

(6) The state agricultural official from the originating state or exporting nursery shall email a copy of the phytosanitary certificate or compliance agreement to the email: UDAF-Nursery@utah.gov.

(7) The receiver shall notify the department of the arrival of regulated articles imported under this quarantine and shall hold the regulated articles for inspection.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-7 Certification Requirements

(1) To import regulated articles and commodities into Utah, a phytosanitary certificate or compliance agreement shall accompany the shipment that certifies compliance with this section.

(2) The certification may require the following:

(a) for production in an approved Japanese beetle free greenhouse or screenhouse:

(i) sterilizing any growing media and free of soil;

(ii) any plant stock shall be free of soil, and bare root before planting into the approved medium;

(iii) potted plants shall remain inside the greenhouse or screenhouse during the entire adult flight period;

(iv) during the adult flight period, the greenhouse or screen house shall be secure so that adult Japanese beetles may not gain entry;

(v) the state agricultural official from the state of origin shall document and approve the security of each area and shall inspect the greenhouse or screenhouse for the presence of any life stages of the life cycle of the Japanese beetle;

(vi) the owner shall protect the plants and their growing medium from infestation while being stored, packed, and shipped;

(vii) the owner shall implement safeguards to maintain the identity of certified greenhouse or screen house nursery stock during transport into or through any infested areas; and

(viii) the certificate shall have the statement; " The rooted plants, or crowns, were produced in an approved Japanese beetle free greenhouse or screenhouse. "

(b) for production in an approved pest free window:

(i) shall complete the entire rooted plant production cycle within a pest free window;

(ii) shall grow plants in clean containers filled with sterilized and soilless growing medium;

(iii) planting, growth, harvest, and shipment of plants shall occur outside of the adult Japanese beetle flight period which is typically June through October; and

(iv) shall state on the certificate: "These plants were produced outside the Japanese beetle flight season."

(3) The department may approve alternative certification plans for nursery stock or plants for planting that do not conform to production qualifications listed in this section if the shipper submits the plans before shipment.

(4)(a) A state agricultural official from the state of origin, or a compliance agreement, shall directly govern the application of any treatment performed.

(b) If performed under a compliance agreement, the grower shall closely monitor treatments and procedures throughout the season.

(5) The department may, at its discretion, accept a treatment application as outlined in the U.S. Domestic Japanese Beetle Harmonization Plan.

(6) The department shall certify application of drench treatments of container only plants if the treatment:

(a) uses any chemical treatment at the maximum label rate;

(b) targets eggs and early first-instar larvae through prophylactic treatment;

(d) is of containerized nursery stock with root balls 12 inches in diameter or smaller;

(e) effectively controls Japanese beetles through applying Imidacloprid, Bifenthrin, or another chemical approved by the department;

(f) uses sterile and soilless potting media and clean containers;

(g) applies the tank mix as a drench to wet the entire surface of the potting media; and

(h) avoids over drenching to not waste active ingredients through leaching.

(7) The department may not certify using a drench treatment for ornamental grasses, sedges, or field potted plants.

(8) The department shall certify the application of any media, granule, or incorporation treatment of container only plants if the treatment:

(a) targets eggs and early first-instar larvae;

(b) is mixed before potting and plants are potted at least 30 days before shipment;

(d) incorporates the granules into the media before potting;

(e) uses containers repotted with a granule incorporated mix or retreated using one of the approved drench treatments under Section R68-15-7 if containers are exposed to a second flight season; and

(f) uses an approved pesticide that includes Imidacloprid, Bifenthrin, or Tefluthrin.

(9) The department may not certify using a media, granule, or incorporation treatment for ornamental grasses, sedges, or field potted plants.

(10) Nursery stock operators may use methyl bromide fumigation at normal atmospheric pressure in a chamber or under a tarpaulin, according to label instructions, as a method to meet certification requirements.

(11)(a) A state agricultural official or the grower shall complete and include the following statement on the applicable phytosanitary certificate or compliance agreement accompanying any treated shipment:

(b) "The nursery stock in this shipment was treated for Japanese beetles on the date___________ in accordance with Rule R68-15 Quarantine Pertaining to Japanese Beetle, Popillia japonica. The treatment was ________. This shipment will be shipped within 30 days of treatment. Application witnessed by inspector name:, and inspector signature:__________."

(12) The department may review and approve other treatments, protocols, or procedures for certification not listed in this rule.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-8 Compliance Agreements and Shipping from Non-infested Counties

(1)(a) The state agricultural official from the state of origin shall complete and sign compliance agreements annually that the department may approve.

(b) The department may revoke a compliance agreement at any time for violation or potential violation of this rule.

(2) The exporting state may conduct origin certification surveys, including the use of alternative protocols approved by the department.

(3) The department may, at its discretion, approve specific protocols from the U.S. Domestic Japanese Beetle Harmonization Plan.

(4) The department may review the states listed in Table 1 to identify counties that are potentially non-infested areas.

(5) The department may allow shipments of regulated articles from non-infested counties if:

(a) the annual surveys in the specific and adjacent counties have results that show they are negative for Japanese beetle;

(b) plants are grown in a greenhouse, or contained in media that is sterilized and free of soil; and

(6) The department shall maintain a list of approved counties that may ship to Utah.

(7) To recommend a non-infested county to be placed on the approved county list, agricultural officials from a quarantined state or province may submit a written request to the department that includes:

(a) specific areas surveyed within the county;

(b) survey procedures and techniques used;

(d) survey results and findings;

(e) historical survey data for the county; and

(f) if a county was previously infested, the date of the last confirmed infestation.

(8)(a) The department may not approve of a county if infestations occur in neighboring counties.

(b) The department may re-evaluate the approval status of each county on an annual basis.

(c) The department will permit entry of regulated article shipments from non infested counties into Utah if the non infested county has been placed on the approved list before the arrival of the shipment in Utah.

(9) The origin certificate shall have the following declaration:" The plants in this consignment were produced in the county of , name of origin state that is known to be free of Japanese beetles."

(10) The department may allow privately owned house plants obviously grown or certified at the origin state and not intended to sell, as having been grown indoors without exposure to Japanese beetle into Utah without meeting the requirements of Section R68-15-5.

(11) An individual may request a copy of these requirements as listed in this rule via email: UDAF-Nursery@utah.gov.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-15-9 Violations

(1) The department shall respond to violations of this quarantine by immediately directing any shipments or lots of regulated articles be:

(a) sent out of the state;

(b) destroyed; or

(2) The owner or their authorized agent is responsible to pay any costs associated with the required treatments or disposals of shipments in violation of this quarantine.

History

KEY: quarantine, Japanese beetle, articles and commodities, phytosanitary, certification
Date of Last Change: March 27, 2025
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

R68-18 Karnal Bunt Quarantine

Utah Admin. Code R68-18-1 Authority

Subsection 4-2-103(1)(k) authorizes this rule.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-18-2 Purpose

(1) This rule establishes a quarantine for Karnal bunt, Tilletia indica Mitra, a serious fungal disease of wheat, durum wheat, and Triticale.

(2) It is not known to exist in Utah, but it exists in the quarantined areas, and the regulated articles and commodities described are hosts or possible carriers of the disease.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-18-3 Areas Under Quarantine

(1) The department quarantines the entire state of:

(a) Arizona;

(b) New Mexico; and

(2) The department may quarantine any areas not listed in Subsection R68-18-3(1) that are subsequently found to be infested.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-18-4 Regulated Articles and Commodities

The department quarantines the following articles and commodities:

(1) Karnal bunt, Tilletia indica Mitra, in any state of development;

(2) a plant or plant part of the genus Triticum ;

(3) mechanized farming equipment from a quarantined area used to plant or harvest small grains; or

(4) any other plant, plant part, article, or means of conveyance, if the department determines it presents a hazard of spreading Karnal bunt.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-18-5 Conditions of Entry

A person may not move a regulated article from a state listed in Section R68-18-3 into Utah unless a certificate of origin accompanies the article, which includes:

(1) identifying the source of the article; and

(2) confirming the article is free from Karnal bunt, Tilletia indica Mitra.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

Utah Admin. Code R68-18-6 Handling of Violations

(1) If a regulated article arrives in Utah in violation of this rule, the department shall order the owner or the owner's agent to:

(a) remove the article from the state;

(b) destroy the article; or

(2) The owner or the owner's authorized agent shall pay the expense of any required treatment, removal, or destruction.

History

KEY: plant disease, Karnal bunt, Tilletia indica Mitra, quarantine, states, conditions of entry, violations, disease prevention, wheat
Date of Last Change: April 6, 2026
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k)

R68-20 Utah Organic Standards

Utah Admin. Code R68-20-1 Purpose and Authority

(1) Promulgated under authority of Subsection 4-2-103(1)(i), and Sections 4-3-201, 4-4-102, 4-5-104, 4-9-103, 4-11- 103, 4-12-103, 4-14-106, 4-16-103, 4-32-109, and 4-37-109.

(2) The department adopts and incorporates by reference 7 CFR 205.

(3) The department will make available to each applicant for certification and producers of organic products, copies of 7 CFR 205.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: October 17, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-3-201; 4-4-102; 4-5-104; 4-9-103; 4-11-103; 4-12-103; 4-14-106; 4-16-103; 4-32-109; 4-37-109

Utah Admin. Code R68-20-2 Definitions and Terms

(1) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food, or the commissioner's representative.

(2) "Department" or "UDAF" means the Utah Department of Agriculture and Food.

(3) "Distributor" means a handler that purchases products under its own name, usually from a shipper, processor, or another distributor. Distributors may or may not take physical possession of the merchandise. A distributor shall be certified if that person both takes title to the organic products and substantially transforms, processes, repackages, or re-labels these products.

(4) "Food" and "food products" means material, usually of plant or animal origin, containing or consisting of essential body nutrients, such as carbohydrates, fats, proteins, vitamins, and minerals, that is taken in and assimilated by an organism to maintain life and growth. Food products include any agricultural and horticultural products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, dairy products and aquaculture products.

(5) "Registration" means an agreement or contract that grants a certified operator the right to use a certificate or certification mark in accordance with organic standards and certification requirements.

(6) "Utah Department of Agriculture and Food Organic Seal" means the seal to be displayed on packaging of certified organic foods and food products intended for retail sale, indicating compliance with this rule.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: October 17, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-3-201; 4-4-102; 4-5-104; 4-9-103; 4-11-103; 4-12-103; 4-14-106; 4-16-103; 4-32-109; 4-37-109

Utah Admin. Code R68-20-3 Compliance

Violations of the State Organic Program will be handled under Section 4-2-302.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: October 17, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-3-201; 4-4-102; 4-5-104; 4-9-103; 4-11-103; 4-12-103; 4-14-106; 4-16-103; 4-32-109; 4-37-109

Utah Admin. Code R68-20-4 Fees for Organic Certification

(1) Fees for organic certification shall be charged in accordance with the fee schedule adopted by the legislature. The person, firm, corporation, or other organization requesting registration as a producer, handler, processor, or certification agency, or requesting inspection or laboratory services shall pay the fees. Each fee is payable to the department.

(2) An application for organic registration may be obtained from the department and submitted with the annual fees. (3) Annual registration is required for any producers, handlers, processors, or combinations of producers, handlers, and processors who seek organic certification, and shall have applications submitted and fees paid by February 1 of each year.

(4) New applicants shall have 120 days to finish their initial application and have it accepted by the department or the applicant shall reapply.

(5) Registration of Certifying Agencies.

(a) Applications for registration may be obtained from the department and submitted with the annual fees.

(b) Annual registration is required for each certifying agency and shall be paid by February 1 each year. Failure to pay by this date will result in late fees and a prohibition from conducting business in the state.

(6) Gross sales fees. Payment of annual gross sales fees shall accompany the annual registration application and fees and shall be based on the previous year's gross sales of state certified producers and processors.

(7) Any producers, handlers, processors or combinations of producers, handlers, and processors that conduct business under exemption listed in 7 CFR 205.101 within the state shall register annually with the Utah Department of Agriculture Organic Program before conducting business.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: October 17, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-3-201; 4-4-102; 4-5-104; 4-9-103; 4-11-103; 4-12-103; 4-14-106; 4-16-103; 4-32-109; 4-37-109

Utah Admin. Code R68-20-5 UDAF Organic Seal

(1) The UDAF organic seal may be used only for raw or processed agricultural products named in paragraphs (a), (b), (e)(1), and (e)(2) of 7 CFR 205.301.

(2) Color UDAF organic seal.

(a) The UDAF organic seal used by producers, handlers, or processors shall replicate the form and design of the organic seal available at the department office and shall be printed legibly and conspicuously:

(i) on a white background with a double black circle with the words "Utah Department of Agriculture and Food" within the borders of the circles. At the bottom of the circle there shall be a teal green horizontal line; and

(ii) within the inner circle a black outline of Utah, and inscribed in italics in a teal green color, slanting upward from left to right, the word "Certified Organic".

(b) A copy of the color UDAF organic seal is available at the Department of Agriculture and Food, 4315 South 2700 West, TSOB South Bldg, Floor 2, Taylorsville, UT 84129-2128.

(3) Black and white UDAF organic seal.

(i) on a white or transparent background with a double black circle with the words "Utah Department of Agriculture and Food" within the borders of the circles. At the bottom of the circle there shall be a black horizontal line; and

(ii) within the inner circle a black outline of Utah, and inscribed in italics in black, slanting upward from left to right, the word "Certified Organic".

(b) A copy of the black and white UDAF organic seal is available at the Department of Agriculture and Food, 4315 South 2700 West, TSOB South Bldg, Floor 2, Taylorsville, UT 84129-2128.

History

KEY: inspections
Date of Last Change: June 8, 2022
Notice of Continuation: October 17, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-3-201; 4-4-102; 4-5-104; 4-9-103; 4-11-103; 4-12-103; 4-14-106; 4-16-103; 4-32-109; 4-37-109

R68-21 Beekeeping Standards

Utah Admin. Code R68-21-1 Authority

This rule is promulgated according to the authority of Subsection 4-11-116(4).

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-2 Purpose

(1) This rule establishes standards for beekeeping activities on private property within urban counties or municipalities and nonurban counties.

(2) The goal of the standards is to balance the needs of beekeepers with the concerns of nearby residents and businesses and promote responsible beekeeping practices while safeguarding public health and safety.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-3 Definitions

For the purpose of this rule, the terms defined in Section 4-11-102 and the following terms shall apply:

(1) "Governmental entity" means the same as defined in Section 11-13a-102.

(2) "Municipality" means the same as defined in Section 10-1-104.

(3) "Nonurban county or municipality" means a county of the fourth, fifth, or sixth class, or a municipality of a third class county that has a population of less than 10,000.

(4) "Sight-Obscuring Flyway Barrier" means a structure or planting that prevents a direct line of sight through it and redirects the flight path of bees.

(5) "Urban County" means a county of the first or second class.

(6) "Urban Municipality" means a municipality located within the boundaries of:

(a) an urban county; or

(b) a county of the third class, if the municipality has a population of 10,000 or more.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-4 Number of Hives

(1) An urban county or municipality may limit the number of bee colonies allowed on private property if they:

(a) allow at least two colonies per property up to ⅛ acre in size; and

(b) allow an additional two colonies for each additional ⅛ acre of property.

(2) A governmental entity may not restrict the number of bee colonies on private property in a nonurban county or municipality.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-5 Location and Barrier Guidance for Hives

(1) An urban county or municipality may require that apiaries are located at least 10 feet from a property line unless the property owner erects or maintains a sight-obscuring flyaway barrier.

(2) Acceptable sight-obscuring flyaway barriers shall extend five feet in either direction from the apiary and may not exceed the local county or municipal height restrictions.

(3) An urban county or municipality may prohibit bee colonies in the front yard of a residential property.

(4) In a nonurban county, a governmental entity may not restrict the location or require a sight-obscuring flyaway barrier for bee colonies on private property.

(5) A governmental entity may not designate any location as unsuitable for beekeeping on private property.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-6 Swarming Prevention, Water Sources, and Open Feeding

(1) A governmental entity may not restrict bee swarming behaviors.

(2) An urban county or municipality may require beekeepers to ensure a constant source of fresh water on the same property as the apiary.

(3) In a nonurban county, a governmental entity may not require beekeepers to provide a water source for their bees.

(4) A governmental entity may not prohibit open feeding related to beekeeping on private property.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

Utah Admin. Code R68-21-7 Enforcement

(1) A governmental entity may not create municipal or county codes, or ordinances, which are more restrictive than the beekeeping standards in this rule.

(2) Local code enforcement agencies are responsible for enforcing the beekeeping standards adopted by a governmental entity pursuant to this rule.

History

KEY: beekeeping; standards
Date of Last Change: March 17, 2025
Authorizing, and Implemented or Interpreted Law: 4-11-116(4); 4-11-117(5)

R68-23 Utah Firewood Quarantine

Utah Admin. Code R68-23-1 Authority and Purpose

(1) Promulgated under authority of Subsection 4-2-103(1)(k) and Section 4-35-109.

(2) This rule is enacted to prevent the movement of invasive insects transported by firewood, including Emerald Ash Borer (Agrilus planipennis), Asian Longhorned Beetle (Anoplophora glabripennis), and Red Imported Fire Ant (Solenopsis invicta).

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-2 Definitions

(1) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food.

(2) "Department" means the Utah Department of Agriculture and Food.

(3) "Firewood" means any kindling, logs, timber, or other portions of a tree of any species four feet or less in length, cut or split, or intended to be cut or split, into a form and size appropriate for use as fuel for fires in open pit, grill, fireplace, stove, or other wood burning furnaces or devices in any form commonly used for burning in campfires, stoves, or fireplaces.

(4) "Invasive insects" means any nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state.

(5) "Person" means any individual, organization, corporation, or partnership.

(6) "Sales By Package" means a package of firewood offered, exposed, or held for sale.

(7) "Sale From Bulk" means firewood offered, exposed, or held for sale that is not packaged.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-3 Area Under Quarantine

(1) Any areas of the United States and Canada that are declared high risk by the United States Department of Agriculture or the commissioner.

(2) The department shall keep an updated list of quarantine areas.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-4 Articles and Commodities Under Quarantine

(1) This quarantine applies to any firewood offered, exposed, or held for sale in the state.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-5 Restrictions

(1) Any firewood transported, offered, exposed, or held for sale in the state shall be labeled in accordance with Section R68-23-6.

(2) A person shall not transport, offer, expose, or hold for sale firewood from an area under quarantine in this state unless the firewood is treated in accordance with Section R68-23-7.

(3) Any person that transports or supplies firewood in this state for other than personal use shall maintain records, certificates, or other documents for two years.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-6 Labeling Requirements

(1) Each Sales By Package shall bear a clear and conspicuous declaration of the following:

(a) identification of the package as containing firewood, unless the contents can be easily identified through the wrapper or container;

(b) net quantity in terms of weight, measure, or count;

(c) name and address of the manufacturer, packer, or distributor of the firewood, if the package was not produced on the premises where they are offered, exposed, or held for sale; and

(d) origin of harvest identified by county or counties and state.

(2) Each Sale From Bulk shall be accompanied by a delivery ticket containing:

(a) name and contact information of the person who weighed or measured the firewood;

(b) date delivered;

(c) quantity delivered, by cords or cubic meters, including fractions or count of individually wrapped packages delivered, if more than one is delivered;

(d) quantity on which the price is based, if different than the quantity delivered;

(e) identity of the type of firewood in the most descriptive terms commercially practicable; and

(f) origin of harvest by county or counties and state.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-7 Importation and Treatment

(1) Any firewood shall be prohibited entry into Utah from an area under quarantine unless the required certification is produced.

(2) Certification shall be issued by an authorized state agricultural official of the state of origin.

(3) The certificate shall bear the:

(a) name and address of the exporter of the firewood:

(b) name and address of the importer of the firewood;

(d) signature of authorized state agricultural officer.

(4) Certificates shall be issued only if the shipment conforms to the following heat treatment procedure :

(a) the temperature of the center of the wood is raised to at least 160 degrees Farenheit (F), 71.1 degrees Celsius (C);

(b) the center temperature is maintained at 160 degrees F,71.1 degrees C, for at least 75 minutes;

(c) internal wood temperatures are obtained and verified by sensors located in the larger pieces of firewood at representative locations within the stack;

(d) sensors are placed in large firewood pieces in the coldest areas of the kiln as identified by the department;

(e) the full depth of the monitoring probes are placed in the wood;

(f) monitoring probes are sealed within the wood by a gasket, non-hardening putty, or similar material to prevent the probe reading ambient air temperature rather than the temperature of the wood;

(g) temperature monitoring equipment shall be able to provide a record of the treatment that identifies each sensor and shows time and temperature; and

(h) portable, stand-alone sensors and temperature monitoring equipment such as thermocouples or temperature data loggers shall be:

(i) accurate to within plus or minus 0.9 degrees F, 0.5 deg C, at the treatment temperature;

(ii) capable of collecting temperature data at least once each five minutes; and

(iii) capable of recording or storing data for 30 days.

(5) The certifying official shall mail, fax, or email a copy of the certificate to:

(a) Director, Plant Industry Division, Utah Department of Agriculture and Food, 4315 South 2700 West, TSOB South Bldg, Floor 2, Taylorsville, UT 84129-2128;

(b) fax: (801) 538-7189; or

(6) The exporter shall give advance notification of regulated firewood shipment to the department.

(7) The importer shall notify the department of the arrival of firewood imported under this quarantine and shall hold the firewood for inspection.

(8) The department shall inspect or release the firewood within ten business days of delivery.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-8 Records

(1) The records, certificates, or other documents of a person who transports or supplies firewood for other than personal use shall include information regarding the source of the firewood, any treatment of the firewood and the disposition of the firewood.

(2) The records, certificates, or other documents of a person that sells firewood shall include information regarding the source and supplier of the firewood.

(3) The department may inspect the records, certificates, documents, inventory, and facilities of a person that transports firewood or of a firewood supplier or seller at any time during reasonable business hours and may take samples of firewood for purposes of detecting invasive insects.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-9 Exemptions

(1) Firewood harvested in areas other than those under quarantine are exempted from the treatment requirements in Section R68-23-7.

(2) The department may issue an exemption to the treatment for areas under quarantine upon request.

(3) Requests for an exemption shall be made to the department in writing and shall contain the:

(a) identity of the firewood importer;

(b) origin of harvest identified by county or counties and state; and

(4) The department shall respond in writing within ten business days of the request for an exemption.

(5) Exemptions are valid for a 12 month period.

(6) The department may at any time revoke an exemption due to a change in the risk assessment.

(7) The department shall notify the firewood importer, in writing, identifying the reason for the revocation.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-10 Enforcing Powers

(1) Authorized agents of the department shall refuse admittance into Utah any firewood products that do not meet the provisions of this quarantine.

(2) Any shipment found within Utah in violation of this quarantine shall be treated to comply with this quarantine or be returned to the exporter at once.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

Utah Admin. Code R68-23-11 Violations and Penalties

(1) Any fraudulent use of incorrect information on any forms used in the enforcement of this quarantine is a violation of this quarantine.

(2) Any intentional movement of firewood from an area under quarantine is a violation. Failure to perform or have inspection shall constitute intentional movement as well as willfully moving property after notification.

(3) Failure to give advance notice to the department is a violation of this quarantine.

(4) Failure to comply with any provisions of this quarantine shall be a violation of this quarantine.

(5) Violators of this quarantine shall be subject to civil penalties of not more than $5,000 per violation as defined in Section 4-2-304.

(6) Each improperly labeled, transported, or treated package or bulk sale shall be a separate violation of this rule.

History

KEY: firewood, quarantine, insects
Date of Last Change: August 1, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(k); 4-35-109

R70 Regulatory Services

R70-101 Bedding, Upholstered Furniture, and Quilted Clothing

Utah Admin. Code R70-101-1 Authority and Purpose

Pursuant to Section 4-10-103, and Subsections 4-10-113(2) and 4-10-114(2), this rule establishes the standards, practices, and procedures for the manufacture, repair, sale, and distribution of bedding, upholstered furniture, quilted clothing products, and filling materials.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-2 Definitions

This rule defines the following terms in addition to the terms in Section 4-10-102:

(1) "Clean" means free from stains, dirt, trash, filth, pulp, sludge, oil, grease, fat, skin, epidermis, excreta, vermin, insects, insect eggs, insect carcasses, contamination, hazardous materials, or residual or objectionable substances or odors.

(2) "Law Label" means a label attached to new bedding or upholstered furniture that provides specific information about the product to the consumer and meets the requirements of this rule.

(3) "Premises" means a place that sells bedding, upholstered furniture, quilted clothing, or filling material, or offers for sale, exposes for sale, stores, renovates, or manufactures, and includes the delivery vehicle used to transport articles.

(4) "Supply dealer" means a person who manufactures, processes, or sells at wholesale any felt, batting, pads, or other fillings, loose in a bag, in a bale, or in a container, concealed or not concealed, intended for use in bedding, upholstered furniture, or quilted clothing.

(5) "Second Hand Law Tag" or " Tag" means a tag attached to a previously used product or filling material.

(6) "Sterilization Permit Number" means the number a state may issue to identify the sterilizing facility, person, or company and certifies that the filling material is safe for consumer use .

(7) "Sterilizer" means a person who sterilizes wool, feathers, down, shoddy, or hair.

(8) "Textile Label" means a label attached to a new quilted clothing product that provides information required in 16 CFR Parts 300, 301, 303, and this rule.

(9) "Uniform Registry Number" or "URN" means the number issued by a state to be used on the law label of bedding, upholstered furniture, or filling material to identify the manufacturing facility, person, or company.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-3 Application of Rule

This rule shall apply to any person engaged in the business of manufacturing, retailing, wholesaling, processing, repairing, sterilizing, and selling items of bedding, upholstered furniture, quilted clothing, and filling material, regardless of their point of origin.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-4 Permit Requirements for Manufacturers, Repairers, and Wholesalers

(1) A person who advertises, solicits, or contracts to manufacture or repair bedding, upholstered furniture, or filling material, or quilted clothing, shall secure a permit from the department before offering to sell the product in Utah.

(2) To obtain a permit, a person shall provide the following to the department:

(a) a completed permit form; and

(b) a sample of the law label that will be used.

(3)(a) The department may exempt a wholesaler of bedding or upholstered furniture from providing a sample law label.

(b) The department may exempt a manufacturer of quilted clothing from providing a sample textile label.

(4) The applicant shall pay the renewal fee on or before December 31, or the department shall include a late fee with the permit fee.

(5) Each person who conducts business under multiple state-issued URNs or permits shall obtain a permit for each number used on articles for sale in Utah.

(6) A person's license or permit shall be current with the state that issues the URN for the number to be valid in Utah.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-5 Sterilization Permit Requirements for Sterilizers

(1) A person who advertises, solicits, or contracts as a sterilizer shall secure a sterilization permit from the department before offering to sell sterilized products in Utah.

(2) To obtain a sterilization permit, a person shall provide the department with a complete:

(a) sterilization permit application;

(b) sterilization inspection report completed by a department authorized third party inspector; and

(3) Each applicant shall pay the renewal fee on or before December 31, or the department shall charge a late fee with the sterilization permit fee.

(4)(a) Each sterilization permittee's facility shall be inspected every three years.

(b) A permittee shall submit a copy of the inspection report to the department with the renewal form for that year.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-6 Revocation of Permit

(1) The department shall have the authority to suspend or revoke a permit for any violation of this rule.

(2) A suspension or revocation shall be in accordance with Section 4-1-106.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-7 Sanitation Requirements

(1) A permittee or retailer shall keep the premises, delivery equipment, machinery, and any appliances, articles, and devices free from refuse, dirt, contamination, or insects.

(2) A permittee or retailer shall separately store new and used articles.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-8 Sterilization Requirements for New Fill Material

(1) The department allows the following methods for sterilization:

(a)(i) Pressure Steam.

(ii) Expose the material to treatment by steam at 15 PSI (.104 mPA) for 30 minutes or 20 PSI (.0138 mPA) for 20 minutes.

(iii) The gauge for registering steam pressure shall be visible from the outside of the room or chamber.

(b)(i) Streaming Steam.

(ii) Two applications of streaming steam maintained for one hour each, applied at intervals using not less than six nor more than 24 hours.

(iii) When streaming steam is employed, the valved outlets shall be provided near the bottom and the top of the room or chamber.

(c)(i) Heat.

(ii) A temperature of 235 degrees F held for two hours within a closed container.

(2) Upon request, the department may approve other methods of sterilization.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-9 Manufacturing, Wholesale, Sterilizers, and Supply Dealer Textile Labeling Requirements for Quilted Clothing

(1) The department incorporates by reference the March 8, 2024, version of 16 CFR Parts 300, 301, and 303.

(2) Articles of plumage-filled clothing shall meet the following textile label requirements.

(a)(i) Any label stating that an article of clothing contains down, Goose Down, or Duck Down shall also state the minimum percentage of down, Goose Down, or Duck Down contained in the article.

(ii) The down label is a general label and shall include in parentheses the minimum percentage of down in the product, which shall be 75% or greater.

(b)(i) "Down and Waterfowl Feathers" text may designate any plumage product containing between 50% minimum and 74% down and plumules.

(ii) The sewn in label and hang tags shall state both percentages.

(c)(i) "Waterfowl Feathers and Down" may designate any plumage product containing between 5% minimum and 49% down and plumules.

(ii) The sewn in label and hang tags shall state both percentages.

(d) "Waterfowl Feathers" may designate any plumage product containing less than 5% down and plumules.

(e) The department may not permit the use of quill feathers unless disclosed on the textile label.

(f) The textile label shall separately list each component, in order of predominance, any other plumage products that do not meet the requirements for any of the listed categories from Subsection R70-101-9(2).

(3) The textile label shall list the sterilization permit number as "PER. NO. ".

(4) A textile label shall contain the same form of identification as supplied to the department with the permit application.

(5) The textile label shall be easily accessible to the consumer for examination.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-10 Filling Material

(1) A permittee shall use the terms or definitions of a filling material approved by the International Association of Bedding Law Officials except as otherwise required by this rule.

(2) Pursuant to Subsection 4-10-107(6)(a), a permittee may use the term "recycled" on a label for items containing down or feather if the permittee maintains a valid certification under the Global Recycled Standard (GRS) or Recycled Claim Standard (RCS), and provides:

(a) proof of GRS or RCS certification to the department on the permit application or renewal form; and

(b) a copy of the certificate or the certification number on the invoice to the retailer for each lot or batch of filling material.

(3) The permittee may maintain a valid certification under another industry accepted standard consistent with the International Organization for Standardization ISO 17065 and provide documentation to the department.

(4) Upon request, a manufacturing facility shall provide a copy of the certificate or the certification numbers for each batch or lot to the department.

(5) Plumage material shall follow the standards that the "USA-2000 Labeling Standards- Down and Feather Products" outlines, and this rule incorporates by reference.

(6) Any other filling material shall be clean.

(7) The tag or label must state "Imperfect, irregular foam" which means any foam product that shows a major imperfection or that falls below the foam manufacturer's usual standards or specifications as "imperfect" or "irregular" along with the generic name of the foam.

(8) The tag or label must state "Imperfect, irregular fibers" which means any fiber that has an imperfection or that falls below the fiber manufacturer's usual standards or specifications as "imperfect" or "irregular" along with the generic name of the fiber.

(9) The qualifying statement may not use the terms "Prime," "Super," "Northern," and similar terms that imply superior unless the filling material can prove to be of superior quality and meet the terms of the qualifying statement.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-11 Generic Names, Grades, Descriptive Terms, and Definitions of Filling Material

(1) The law label or textile label shall describe the filling material using the following:

(a) true generic name;

(b) grade;

(d) definition of the filling material approved by the department.

(2) When a mixture uses more than one kind of filling material, the label shall list the percentage by weight in order of predominance, per Subsection 4-10-107(2).

(3) Federal fiber tolerance standards are applicable, except as pertains to a plumage product.

(4) In accordance with Section R70-101-10, describe any blends used in the filling material.

(5)(a) Quilted clothing articles may use different filling materials for different parts of the article.

(b) The textile label shall name the areas of the article, followed by the name of the filling material used in that specific area.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-12 Law Label Requirements for Bedding and Upholstered Furniture

(1)(a) Any article of bedding or upholstered furniture shall have a law label that uses the format adopted by the International Association of Bedding and Furniture Law Officials (IABFLO), as listed in the Manual of Labeling Laws of the International Sleep Products Association, 2024 edition, which this rule incorporates by reference.

(2) The law label for a newly manufactured product shall meet the following requirements:

(a) white on each side of the law label;

(b) made of material that cannot be easily torn;

(d) printed in English;

(e) printed clearly and legibly; and

(f) firmly attached to the article.

(3) Required information shall be printed on one side of the law label with the opposite side remaining blank.

(4) Each law label shall include the following, in order:

(a) the phrase "UNDER PENALTY OF LAW THIS TAG NOT TO BE REMOVED EXCEPT BY THE CONSUMER" in bold at the top of the law label in capital letters no less than 1/8 inches in height;

(b) the phrase "ALL NEW MATERIAL" in bold, capital letters no less than 1/8 inch in height, followed by the phrase "CONSISTING OF", no case or height requirements, followed by the filling contents in bold capital letters no less than 1/8 inch in height;

(d) the URN of the final assembler of the article;

(e) the sterilization permit number of the sterilization facility that obtained the material, in bold capital letters no less than 1/8 inch in height;

(f) the phrase, "Certification is made by the manufacturer that the materials in this article are described in accordance with law"; and

(g) the name and complete address of the manufacturer, importer, or distributor of the article.

(5)(a) The law label shall be easily accessible to the consumer for examination.

(b) A product for sale in a box or in other packaging that makes a law label inaccessible shall reproduce a legible facsimile of the law label on the outer container or covering.

(6) A person may not place any other mark, label, printed matter, illustration, sticker, or device placed on the law label.

(7) The form of identification used on a law label shall be the same as those supplied to the department in a permit application.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-13 Second Hand Tagging Requirements

(1) A tag for a second hand article shall be:

(a) a minimum of two inches by three inches;

(b) yellow on both sides of the tag;

(d) printed in English;

(e) printed in black ink;

(f) printed clearly and legibly; and

(g) firmly attached to the article.

(2) The required information shall be printed on one side of the tag, with the opposite side remaining blank.

(3) A second hand tag shall contain the following information, in order:

(a) the phrase "UNDER PENALTY OF LAW THIS TAG NOT TO BE REMOVED EXCEPT BY THE CONSUMER" in bold at the top of the label in capital letters, no less than 1/8 inch in height;

(b) the phrase, "THIS ARTICLE CONTAINS SECOND HAND MATERIAL CONSISTING OF CONTENTS UNKNOWN". The words "SECONDHAND MATERIAL" and "CONTENTS UNKNOWN" shall be in capital letters, size not less than 1/8 inches in height;

(d) the store name and complete corporate address.

(4) A tag shall be easily accessible to the consumer for examination.

(5) A tag may not contain marks, labels, printed matter, illustrations, stickers, or any other device.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-14 Tagging Requirements for Repaired, Reupholstered, and Renovated Products

(1) A tag for a repaired, reupholstered, or renovated product shall:

(a) be a minimum of two inches by three inches;

(b) be yellow on both sides of the tag;

(d) have the required information printed on one side of the tag with the opposite side remaining blank;

(e) be printed in English;

(f) be printed in black ink;

(g) be printed clearly and legibly; and

(h) be firmly attached to the article.

(2) A tag for a repaired, reupholstered, or renovated product shall contain the following information, in order:

(a) the phrase, "UNDER PENALTY OF LAW THIS TAG NOT TO BE REMOVED EXCEPT BY THE CONSUMER" in bold at the top of the label in capital letters, no less than 1/8 inch in height;

(b) the phrase, "THIS ARTICLE IS NOT FOR SALE OWNER'S MATERIAL" in bold in capital letters, no less than 1/8 inch in height;

(c) the phrase, "CERTIFICATION IS MADE THAT THIS ARTICLE CONTAINS THE SAME MATERIAL IT DID WHEN RECEIVED FROM THE OWNER AND THAT ADDED MATERIALS ARE DESCRIBED IN THE ACCORDANCE WITH LAW, AND CONSIST OF THE FOLLOWING:" followed by a description of the filling material;

(d) a description of the work that was done on the product;

(e) the URN number;

(f) the name and address of the renovator or repairer; and

(g) the date of pick-up, owner's name, and address.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-15 Used Mattresses

(1) A retailer selling a customer returned, refurbished, or used mattress shall follow the second hand tag requirements listed in Section R70-101-13.

(2) In addition, a retailer shall also display a tag on the mattress stating "USED" in bold capital letters.

(3) The USED tag shall:

(a) be a minimum of three inches by six inches;

(b) be yellow on both sides of the tag;

(d) be printed in black ink; and

(e) be printed in English.

(4) The tag with the required information shall be printed on one side of the tag, with the opposite side remaining blank.

(5) The USED tag shall be clearly visible to the consumer.

(6) A retailer selling used bedding, including used mattresses, shall comply with Subsection 4-10-110(2).

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-16 Variance

(1) The department may issue a variance on law or textile label and tag requirements.

(2)(a) A permittee may request a variance from the department in writing.

(b) The variance shall contain the following information:

(i) the product associated with the variance request;

(ii) where the variance will be used;

(iii) an explanation of the need for a variance;

(iv) a description of the application of the variance in practice; and

(v) an example of the substitute law or textile label, or tag that will be used instead of the required label or tag.

(3) The department shall approve a variance in writing.

(4) A variance shall be subject to a period of review.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-17 Retailer Responsibilities

(1) A retailer shall ensure the following:

(a) any article of bedding, upholstered furniture, quilted clothing, or filling material sold by the retailer is labeled and tagged correctly;

(b) the label complies with state law and the department's rules governing false and misleading advertisements;

(d) the importer from whom a retailer purchases a product has a valid permit with the department; and

(e) the law label or textile label is easily accessible to the consumer for examination.

(2) A retailer shall, upon request of the department, provide the identity and business contact information of the manufacturer, importer, or wholesaler of any article of bedding, upholstered furniture, quilted clothing, or filling material, the retailer offers for sale.

(3) A retailer may not sell an article from a manufacturer, importer, or wholesaler that is not permitted by the department, unless the retailer obtains a permit in lieu of a manufacturer or wholesaler.

(4) A retailer shall ensure that bedding or filling material using the term "recycled" meets the requirement listed in Subsection R70-101-10(2).

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-18 Violations

(1) A person's failure to comply with Title 4, Chapter 10 Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act, or this rule, constitutes a violation.

(2) Each article of bedding, upholstered furniture, quilted clothing, or filling material that is manufactured, tagged, or sold in violation of the Act or this rule shall constitute a separate violation.

(3) A permittee or retailer may not remove, or cause to be removed, any tag, or device placed upon any article of bedding, upholstered furniture, quilted clothing, or filling material by the department.

(4) A permittee or retailer may not remove condemned articles that the department has ordered held on an inspection notice.

(5) A permittee or retailer may not interfere with, obstruct, or hinder the performance of the department inspector's duties.

(6) The department may withhold from sale any article of bedding, upholstered furniture, quilted clothing, or filling material that a manufacturer, sterilizer, or wholesaler produces without a permit until the manufacturer, sterilizer, or wholesaler obtains the required permit.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

Utah Admin. Code R70-101-19 Products Not Intended for Use Subject to This Rule

The Commissioner may exclude from this rule a textile fiber product:

(1) that has an insignificant or inconsequential textile fiber content; or

(2) if the disclosure of the textile fiber content is not necessary for the protection of the consumer.

History

KEY: inspections, labeling, quality control, registration, bedding, upholstered furniture, law labels, filling material
Date of Last Change: December 22, 2025
Notice of Continuation: May 7, 2025
Authorizing, and Implemented or Interpreted Law: 4-10-103

R70-310 Grade A Pasteurized Milk and Milk Products

Utah Admin. Code R70-310-1 Authority and Purpose

(1) This rule is promulgated under the authority of Section 4-3-201.

(2) This rule establishes the sanitary, production, and processing standards for Grade A pasteurized milk and milk products.

(3) This rule adopts federal ordinances and regulations to ensure uniformity with national standards for the interstate shipment of Grade A milk and milk products.

History

KEY: dairy inspections, Grade A, pasteurized milk, PMO
Date of Last Change: July 8, 2026
Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)

Utah Admin. Code R70-310-2 Definitions

(1) This rule uses terms defined in Title 4, Chapter 3, Utah Dairy Act.

(2) In addition, "Regulatory Agency" as stated in Section 1(YY) of the Pasteurized Milk Ordinance means the Commissioner of the Utah Department of Agriculture and Food or the Commissioner's authorized representative.

History

KEY: dairy inspections, Grade A, pasteurized milk, PMO
Date of Last Change: July 8, 2026
Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)

Utah Admin. Code R70-310-3 Grade A Pasteurized Milk and Milk Products

(1) The department incorporates by reference the 2023 Revision of the Grade A Pasteurized Milk Ordinance (PMO) with the following exceptions:

(a) Section 9 of the PMO is excluded to the extent that it prohibits the sale of raw milk to the final consumer; and

(b) if the PMO conflicts with Section 4-3-601 regarding the sale of raw milk, Section 4-3-601 prevails.

(2) The department incorporates by reference the 2023 revisions of:

(a) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments; and

(b) Methods of Making Sanitation Ratings of Milk Shippers.

History

KEY: dairy inspections, Grade A, pasteurized milk, PMO
Date of Last Change: July 8, 2026
Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)

Utah Admin. Code R70-310-4 Licenses, Permits, and Fees

(1) Per Section 4-3-301, a person must obtain a permit from the department before engaging in the following activities:

(a) operating a Grade A dairy processing plant or farm; or

(b) engaging in the wholesale distribution of Grade A dairy products.

(2) An individual must obtain a valid license from the department before performing these professional duties:

(a) operating a pasteurization system;

(b) sampling and hauling Grade A farm bulk milk; or

(3) The department's fee schedule shall determine the fees for permits, licenses, and renewals.

(4) A professional license issued to an individual expires annually on December 31.

History

KEY: dairy inspections, Grade A, pasteurized milk, PMO
Date of Last Change: July 8, 2026
Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)

Utah Admin. Code R70-310-5 Enforcement and Reinstatement

(1) The department shall issue a written notice of intent to suspend a permit when two of the last four consecutive bacterial estimates, coliform determinations, cooling temperatures, or somatic cell counts exceed the limit.

(2) The department shall initiate suspension if three of the last five bacterial estimates, coliform determinations, or cooling temperatures, or two of the last four somatic cell counts, exceed the limit.

(3) A producer shall immediately stop all milk shipments upon a positive drug residue finding and may only resume shipment after a certified laboratory, approved by the department, confirms a negative test result.

History

KEY: dairy inspections, Grade A, pasteurized milk, PMO
Date of Last Change: July 8, 2026
Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)

R70-320 Manufactured Dairy Products

Utah Admin. Code R70-320-1 Authority and Purpose

(1) This rule is promulgated under the authority of Section 4-3-201.

(2) The department establishes these sanitary, production, and processing standards for manufactured dairy products to ensure the safety of butter, condensed and dry milk products, and frozen dairy foods.

(3) A processor of manufactured dairy products shall register as a food establishment in accordance with Rule R70- 540.

History

KEY: dairy inspections, manufactured milk products, cheese, frozen dairy products, ice cream, butter, non-grade A standards, licensing, food establishments
Date of Last Change: July 8, 2026
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(g) through (j); 4-3-201

Utah Admin. Code R70-320-2 Adoption of Federal Standards

The department incorporates by reference the following federal standards for manufactured products:

(1) 7 CFR Part 58, General Specifications for Approved Plants and Standards for Grades of Dairy Products, 2026 edition;

(2) 21 CFR Part 131, Milk and Cream, 2026 edition;

(3) 21 CFR Part 133, Cheeses, and Related Cheese Products, 2026 edition; and

(4) 21 CFR Part 135, Frozen Desserts, 2026 edition.

History

KEY: dairy inspections, manufactured milk products, cheese, frozen dairy products, ice cream, butter, non-grade A standards, licensing, food establishments
Date of Last Change: July 8, 2026
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(g) through (j); 4-3-201

Utah Admin. Code R70-320-3 Licensing and Permits

(1) Per Section 4-3-301, a person must obtain a permit from the department before engaging in the following activities:

(a) operating a dairy manufacturing plant;

(b) manufacturing butter or cheese; or

(2) An individual must obtain a valid license from the department before performing these professional duties:

(a) sampling and hauling farm bulk milk;

(b) grading raw milk for manufacturing; or

(3) The department may categorize manufacturing plants into small, medium, large, or super tiers for fee assessment per Rule R70-540.

History

KEY: dairy inspections, manufactured milk products, cheese, frozen dairy products, ice cream, butter, non-grade A standards, licensing, food establishments
Date of Last Change: July 8, 2026
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(g) through (j); 4-3-201

Utah Admin. Code R70-320-4 Farm Inspections and Compliance

(1) A compliance officer must inspect each dairy farm and assign a passing score before the farm may ship milk for manufacturing purposes.

(2) The department inspects each dairy farm producing milk for manufacturing purposes at least once every six months.

(3) A producer must maintain a farm in substantial compliance with the following standards:

(a) a bacterial estimate not exceeding 500,000 per mL;

(b) a somatic cell counts not exceeding 750,000 per mL;

(d) a cooling temperature of 45°F or lower within two hours after milking.

(4) The department issues a written notice of intent to suspend a permit when two of the last four consecutive bacterial estimates, somatic cell counts, or cooling temperatures exceed the standards listed in this rule.

(5) The department may suspend a permit if:

(a) three of the last five bacterial estimates or cooling temperatures exceed the limit;

(b) two of the last four somatic cell counts exceed the limit; or

(6) The department may charge the producer for the time and mileage incurred for any visit required after an initial re- inspection.

(7) A producer may not offer for sale milk that is abnormal, which includes milk that is bloody, stringy, off-color, thick, or contains clots.

(8) A dairy farm water supply shall:

(a) be properly protected and of safe, sanitary quality; and

(b) include an automatic pressure-type hot water storage tank with a minimum 30-gallon capacity that maintains a temperature of at least 140°F.

(9) A producer must immediately stop all milk shipments upon a positive drug residue finding and may only resume shipment after a state-certified laboratory, approved by the department, provides a subsequent milking negative test.

History

KEY: dairy inspections, manufactured milk products, cheese, frozen dairy products, ice cream, butter, non-grade A standards, licensing, food establishments
Date of Last Change: July 8, 2026
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(g) through (j); 4-3-201

Utah Admin. Code R70-320-5 Operational Requirements

(1) A plant operator shall maintain records as specified in 7 CFR 58.

(2) A plant operator shall provide a current producer list to the department semi-annually by January 15 and July 15 of each year.

(3) A bulk milk hauler or plant operator shall ensure that milk transport tanks meet the following requirements:

(a) tanks are cleaned and sanitized at least once each day after use;

(b) tanks are tagged after cleaning with the date, time, location, and the name of the individual who performed the sanitization; and

(4) A hauler shall reject milk that fails the sediment or abnormality standards at the farm and must attach a rejection tag to the producer's bulk tank outlet.

History

KEY: dairy inspections, manufactured milk products, cheese, frozen dairy products, ice cream, butter, non-grade A standards, licensing, food establishments
Date of Last Change: July 8, 2026
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(g) through (j); 4-3-201

R70-330 Raw Milk for Retail

Utah Admin. Code R70-330-1 Purpose and Authority

(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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code R70-330-2 Definitions

(1) "Department" means the Utah Department of Agriculture 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 Drug Administration, 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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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 Dairy Act are violated.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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

(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;

(d) areas where milk customers are located.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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 after August 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;

(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

(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 Food Act.

(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.

(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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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

E. Coli 0157:H7

STEC

Salmonella

Campylobacter jejuni

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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 somatic cell count in unpackaged raw milk for retail may not exceed 400,000 cells per mL for 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 Drug Administration; and

(iii) ensure testing includes those tests prescribed for grade "A" pasteurized milk as found in the PMO.

(b) A copy 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) A copy of any third-party test results shall be sent to the department.

(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;

(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) A temporary permit shall be issued when the sample result meets the standard.

(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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code R70-330-8 Animal Health

(1) Testing shall be needed in the event that the United States Department of Agriculture Animal 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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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 Dairy Act.

(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;

(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;

(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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

Utah Admin. Code 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.

History

KEY: dairy inspections, raw milk
Date of Last Change: August 1, 2023
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 4-3-201

R70-410 Small Producer of Shell Eggs

Utah Admin. Code R70-410-1 Authority

Promulgated under the authority of Subsection 4-4-107(7).

History

KEY: shell eggs, chickens, small producer, standards, wholesale, restaurant
Date of Last Change: September 22, 2025
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-4-102, 4-4-107(7)

Utah Admin. Code R70-410-2 Purpose

The purpose of this rule is to provide guidelines for small producers selling shell eggs wholesale or to a restaurant.

History

KEY: shell eggs, chickens, small producer, standards, wholesale, restaurant
Date of Last Change: September 22, 2025
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-4-102, 4-4-107(7)

Utah Admin. Code R70-410-3 Definitions

The terms defined in Section 4-4-103 apply for the purpose of this rule.

History

KEY: shell eggs, chickens, small producer, standards, wholesale, restaurant
Date of Last Change: September 22, 2025
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-4-102, 4-4-107(7)

Utah Admin. Code R70-410-4 Temperature, Cleaning, and Sanitation Standards

(1) A small producer who sells shell eggs wholesale or to a restaurant shall:

(a) comply with the following temperature control procedures:

(i) Immediately refrigerate and store cleaned eggs at 45 degrees Fahrenheit or less.

(ii) Transport refrigerated egg packages, cartons, or both while maintaining a temperature of 45 degrees Fahrenheit or less.

(b) meet the following cleaning and sanitization standards:

(i) Clean eggs to remove debris and stains, as needed, soon after collecting.

(ii) Ensure that each person thoroughly washes their hands before and during egg handling to minimize cross- contamination of cleaned eggs.

(iii) Maintain clean and dry nest boxes and change nest materials as needed to reduce dirty eggs and gather eggs at least once daily.

(iv) Provide a smooth, non-absorbent, and easily cleanable work surface in the designated work area.

(2) A small producer shall maintain premises clean and free of rodent harborage areas.

(3) A small producer shall ensure their operation includes:

(a) a designated work area separate from domestic living areas;

(b) a storage area for new packaging materials, utensils, and equipment used for egg handling practices that protect them from contamination;

(c) a refrigerator in the designated work area equipped with a suitable thermometer, to routinely verify that the temperature is 45 degrees Fahrenheit or less;

(d) a hand washing station, located in the egg handling work area; and

(e) accessible toilet rooms for employees.

(3) A small producer shall use water in the cleaning process that meets one of the following criteria:

(a) potable water meeting the drinking water standards established by the Utah Department of Health and Human Services;

(B) commercially bottled water; or

(5) A small producer may not use the following egg cleaning methods:

(a) submerging shell eggs in water or any other solution; or

(b) using cleaners that are not food grade and approved for shell egg cleaning.

History

KEY: shell eggs, chickens, small producer, standards, wholesale, restaurant
Date of Last Change: September 22, 2025
Notice of Continuation: October 29, 2025
Authorizing, and Implemented or Interpreted Law: 4-4-102, 4-4-107(7)

R70-520 Wholesome Food Standards

Utah Admin. Code R70-520-1 Authority and Purpose

(1) Section 4-5-104 authorizes this rule.

(2) The department establishes these standards of identity, operational requirements, and labeling standards for specific food commodities to ensure food safety and prevent economic fraud.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-2 Definitions

Definitions in Sections 4-5-102 and 4-5-502 and the following terms apply to this rule:

(1) "Blossom honey" or "Nectar honey" means honey that comes from the nectar of plants.

(2) "Cleaned wheat" means field wheat containing not more than 1.0% inert and foreign material and not more than 5.0% shrunken and broken kernels.

(3) "Comb honey" means honey stored by bees in the cells of freshly built broodless combs and sold in sealed whole combs or sections.

(4) "Field wheat" means the grain of common, club, or durum wheat which, after removal of dockage, consists of 50% or more of one of these wheats.

(5) "Table cleaned wheat" means field wheat containing not more than 0.5% inert and foreign material and not more than 5.0% shrunken and broken kernels.

(6) "Water vending machine" means a self-service device that, upon insertion of payment, dispenses unit servings of water in bulk without the necessity of replenishing the device between each vending operation.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-3 Honey Standards and Labeling

(1) A person may not label a food as "honey" or "raw honey" if it contains any added sweetener, flavoring, coloring, or other food additive.

(2) A person shall ensure that food labeled as "honey" or "raw honey" meets the composition standards described in Section 4-5-502.

(3) A person may sell a food product that combines honey with other ingredients, such as flavorings, spices, or sweeteners, provided that the person:

(a) distinguishes the product from "honey" by using a descriptive name that accurately identifies the added ingredients, including:

(i) honey blend;

(ii) flavored honey; or

(iii) honey with the name of the ingredient; and

(b) declares all added ingredients in the ingredient statement in accordance with 21 CFR Part 101.

(4) A person shall label honey and honey products in accordance with the following federal and state requirements:

(a) 21 CFR Part 101, Food Labeling;

(b) 21 CFR Section 102.5, Common or usual name for nonstandardized foods; and

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-4 Shellfish Safety

(1) The department incorporates by reference the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish: 2023 Revision.

(2) A person who offers shellfish for sale in Utah shall comply with the requirements of the NSSP Guide.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-5 Wheat Standards and Retail Labeling

(1) A process shall label wheat intended for human consumption as one of the following based on the standards in Section R70-520-2:

(a) field wheat;

(b) cleaned wheat; or

(2) A processor may not sell wheat for human consumption that does not meet the "Cleaned Wheat" standard.

(3) A processor shall ensure that wheat packaged for retail sale complies with the labeling requirements of 21 CFR Part 101.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-6 Enrichment of Flour and Cereal Products

(1) The department incorporates by reference the federal standards of identity for enriched flour and cereal products in 21 CFR Part 137 and 21 CFR Part 139.

(2) A person may sell an unenriched counterpart of a flour or cereal product at retail only if the principal display panel prominently shows the word "unenriched" in a type size at least one-half the height of the product name.

(3) A person who sells flour to a distributor or processor shall provide a certificate assuring that the final product conforms to these enrichment standards.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-7 Water Vending Machine Operations

(1) An operator shall comply with the following source and construction requirements:

(a) vended water shall be obtained only from a public water system that complies with the Department of Environmental Quality safe drinking water rules;

(b) a water vending machine shall comply with the construction and performance standards of the National Sanitation Foundation (NSF) or the National Automatic Merchandising Association (NAMA);

(c) an operator shall equip each machine with a monitoring device that shuts down the machine's operation if the treatment or disinfectant unit fails; and

(d) a machine shall have a backflow prevention device for every connection to a water supply.

(2) An operator shall maintain a water vending machine according to the following standards:

(a) clean and sanitize the vending area and nozzle of each machine at least once every 14 days;

(b) maintain a cleaning and maintenance log for each machine and make the log available for department inspection; and

(3) If a microbiological sample is positive for coliform, an operator shall immediately:

(a) stop operation of the machine;

(b) sanitize the machine; and

(4) An operator shall display the following labeling and identification information:

(a) the source of the water;

(b) the specific method of treatment used, such as reverse osmosis, carbon filtration, or ultraviolet light; and

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

Utah Admin. Code R70-520-8 Compliance and Enforcement

(1) Food that does not meet the standards of identity or labeling requirements of this rule is misbranded.

(2) The department may follow the tagging, embargo, and destruction procedures in Section 4-5-202 for any product in violation of this rule.

History

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling
Date of Last Change: July 8, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

R70-530 Food Protection

Utah Admin. Code R70-530-1 Authority and Purpose

(1) This rule is promulgated under the authority of Sections 4-5-104, 4-4-102, and Subsection 4-4-107(6).

(2) This rule shall be applied to safeguard public health and provide consumers food that is safe, unadulterated, and honestly presented.

History

KEY: food, inspections
Date of Last Change: July 31, 2024
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-104; 4-4-107(6); 4-4-102

Utah Admin. Code R70-530-2 Scope

This rule establishes definitions; sets standards for management and personnel, food operations, equipment, and facilities; and provides for food establishment plan review, inspection, and employee restriction. It shall be used to regulate bakeries, grocery and convenience stores, meat markets, food and grain processors, warehouses, and any other establishment meeting the definition of a food establishment.

History

KEY: food, inspections
Date of Last Change: July 31, 2024
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-104; 4-4-107(6); 4-4-102

Utah Admin. Code R70-530-3 Incorporation by Reference

(1) The food standards, labeling requirements, and procedures as specified in 21 CFR, 1 through 200, April 11, 2024 edition, 40 CFR 180, May 14, 2024 edition, and 9 CFR 200 to End, April 8, 2024 edition, are incorporated by reference.

(2) The requirements as found in the 2022 version of the U.S. Public Health Service, Food and Drug Administration, Food Code (Food Code), Chapters 1 through 8 are incorporated by reference with the exclusion of:

(a) Paragraph 3-203.13for small egg producers pursuant to Subsection 4-4-107(6);

(b) Paragraph 8-302.14;

(d) Paragraph 5-203.15(B); and

(e) Paragraphs 5-402.11(B), (C) and (D).

(3) The requirements as found in the Food Code, 2022 version, Annex 1 comprising Parts 8-6 through 8-9 are incorporated by reference with the exclusion of:

(a) Section 8-905.40;

(b) Subparagraphs 8-905.90(A)(1) and (2);

(d) Subparagraphs 8-911.10(B)(1) and (2).

(4) The requirements as found in the Food Code,2022 version, Annex 2 are incorporated by reference.

(5) The Food Code is incorporated with the following additions or amendments.

(a) In Paragraph 1-201.10(B), insert a new subparagraph after subparagraph (b) in subparagraph (2) under "Food Establishment" to read: "(c) A catering operation which is a business entity that operates from a permitted food establishment that contracts with a client for food service to be provided to a client, the client's guests or customers at a different location. A catering operation may cook or perform final preparation of foods at the service location. A catering operation does not include routine services offered at the same location, or meals that are individually purchased with the exception of cash bars."

(b) In paragraph 1-201.10(B), insert a new subparagraph after subparagraph (2) under "Core Item" to read: "(3) "Core Item" will also be referred to as "non-critical" in the state rule."

(c) In Paragraph 1-201.10(B) under "Priority Item", replace the semicolon and the word "and" at the end of subparagraph (2) with a period; replace the period at the end of subparagraph (3) with "; and"; and insert a new subparagraph after paragraph (3) to read: "(4) 'Priority Item' will also be referred to as 'critical 1' in the state rule."

(d) In paragraph 1-201.10(B) under "Priority Foundation Item," replace the semicolon and the word "and" at the end of subparagraph (2) with a period; replace the period at the end of subparagraph (3) with,"; and"; and add a new subparagraph after subparagraph (3) to read: "(4) 'Priority foundation item' will also be referred to as 'critical 2' in the state rule."

(e) After subparagraph 2-102.11 (17), add a new section to read: "2-102-13 Food Employee Training. Food employees shall be trained in food safety as required under Section 26B-7-413 and shall hold a valid food handler's permit issued by a local health department."

(f) Amend Subparagraph 2-102.12(A) to read: "(A) At least one employee who has supervisory and management responsibility and authority to direct and control food preparation and service shall be a certified food safety manager who has completed training and obtained certification as required under Section 26B-7-412."

(g) Amend Paragraph 3-201.16 (A) to read: "Except as specified in paragraph (B) of this section, mushroom species picked in the wild shall not be offered for sale or service by a food establishment."

(h) After Paragraph 3-201.17(B), add a new paragraph to read: "(5) A business may provide wild game products to an end consumer without the benefit of an inspection if wild game is brought into the facility by the consumer, processed and returned to the same consumer. (a) A wild game processor may commingle wild game products under the following conditions: (A) wild game trim may be commingled to make a batch of jerky or other processed product with trim derived from the same season; (B) wild game meat or product from previous seasons may not be used in processed products during the current season; (C) the processor shall maintain a record of each batch of ground meat intended for each batch of product that includes a tag ID number for each batch; (D) each batch shall be composed of consecutive animals or customers; (E) each customer shall receive a finished product that contains a portion of meat derived from their animal; and (F) the processor shall obtain a signed disclosure and consent document for each customer that includes the Tag ID number."

(i) At the end of section 5-101.12, add: "The process shall be in accordance with the American Water Works Association (AWWA) C651-2005 for disinfection and testing."

(j) Replace section 5-202.13, with the following: "(A) Where the horizontal distance from the water supply inlet to an adjacent single wall or obstruction is greater than three times the diameter of the inlet, or greater than four times for intersecting walls, an air gap between the water supply inlet and the floor level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 millimeters (1 inch). (B) Where the horizontal distance from the water supply inlet to an adjacent single wall or obstruction is less than three times the diameter of the inlet, or less than four times for intersecting walls, an air gap between the water supply inlet and the floor level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least three times the diameter of the water supply inlet and may not be less than 38 millimeters (1.5 inches)."

(k) Amend paragraph 5-203.14 to read:"(A) A plumbing system shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached, by: (1) providing an air gap as specified under Section 5-202.13; or (2) installing an approved backflow prevention device as specified under Section 5-202.14; and (B) Each chemical dispenser shall connect to a separate dedicated water supply line, and not downstream of an atmospheric vacuum breaker."

(l) Amend Paragraph 5-203.15(A) to read: "If not provided with an air gap as specified under Section 5-202.13, an American Society of Sanitary Engineering (ASSE) 1022 dual check valve with an intermediate vent shall be installed upstream from a carbonating device and downstream from a copper in the water supply line."

(m) Amend Paragraph 5-402.11(A) to read: "A direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed."

(n) Amend paragraph 6-501.115(B) to read:"(B) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles can not result: (1) edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems; (2) patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas; (3) in areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal; (4) pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if: (a) effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas; (b) condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and (c) dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; (5) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals; and (6) dogs other than service animals or patrol dogs in the outdoor patio areas of a food establishment if: (a) a separate entrance is provided from the outside of the food establishment to the outdoor patio to ensure that a dog will have direct access to the patio without entering the interior food preparation, storage, sales, display, or dining areas of the food establishment; (b) a dog is not allowed within eight feet of any entrance to an interior area of the food establishment, except as necessary to enter or exit the patio; (c) signs that meet the following criteria are conspicuously posted at the entrance of the food establishment and patio to notify patrons that dogs may be on the premises; (i) state: "Notice to patrons, dogs may be on the premises but are restricted to the outdoor patio. Dog owners are responsible for keeping their animal under control at all times."; and (ii) are at least 8 inches by 10 inches in size with lettering that is high contrast and at least 5/8 of an inch in height; (d) doors equipped with self-closing devices are provided at each door to the outdoor patio from the interior of the food establishment; (e) no food preparation is done in the outdoor patio area, except that a beverage glass may be filled on the patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment; (f) the outdoor patio area is continuously maintained free of visible dog hair and other dog related wastes or debris; (g) while on duty, wait staff, servers, or food employees do not care for or handle a dog that may be present; (h) the dog is kept on a leash and remains in the control of the patron while on the outdoor patio; (i) the dog is wearing a collar or harness with a rabies vaccination tag attached to it; (j) the dog is not allowed on a chair, table, countertop, or similar surface in the outdoor patio area; and (k) the dog does not have contact with any of the food establishment's condiments, equipment, or reusable utensils."

(o) Amend section 8-103.11 to read: "Before a variance from a requirement of this code is approved, the person requesting the variance shall provide the following information, which shall be retained in the regulatory authority's file on the food establishment: (a) the name of the business for which the variance is being requested; (b) a designated point of contact and contact information of the business for which the variance is being requested; (c) the location of the facility or establishment for which the variance is being requested; (d) the citation of each Food Code section or paragraph for which the variance is being requested; (e) a statement as to why the applicant cannot comply with the Food Code section or subsection for which the variance is being requested;(f) the nature and duration of the variance being requested; (g) a statement of how the intent of the code will be met and the reasons why the public health or safety, or the environment, would not be endangered or jeopardized if the variance were to be granted; (h) technical justification or a detailed explanation of the variance conditions that provide the protection of public health and safety, and the environment, for each applicable Food Code section or paragraph; (i) a full description of any policies, procedures, active managerial controls, or equipment that the applicant proposes to use to rectify any potential increase in health or safety risks created by granting the variance; and (j) operation and maintenance requirements of the variance condition including a HACCP plan if required as specified under Paragraph 8-201.13(A) that includes the information specified under Section 8-201.14 as it is relevant to the variance requested."

(p) Amend Paragraph 8-304.10(A) to read:

(A) Upon request, the regulatory authority shall provide a copy of the Utah Food Protection Rule according to the policy of the local regulatory agency.

(q)(i) Amend subparagraph 8-401.10(A)to read: "(A) Except as specified in paragraphs (B) and (C) of this section, the regulatory authority shall inspect a food establishment at least once every 6 months.

(ii) Amend subparagraph 8-401.10(B)(2) to read: "The food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction".

(r) Add Paragraph 8-501.10(C) to read: (C) Meeting reporting requirements under Communicable Disease Rule R386-702 and Injury Reporting Rule R386-703.

(s) Add "8-6 Enforcement; 8-601.10 Due process and equal protection shall be afforded as required by law in all enforcement and regulatory actions. Enforcement of this rule shall be in accordance with Subsection 4-2-2(J), , Section 4-2-12, and Rule R70-201."

(t) Add "8-7 Penalties; 8-701.10 State Construction Code, all parts of the food establishment shall be designed, constructed, maintained, and operated to meet the standards of the state construction code adopted by the Utah Legislature under Title 15A UCA. A copy of the construction code is available at the office of the local building inspector."

(6) The Food, Drug, and Cosmetic Act, 21, U.S.C. 342, January 5, 2023 version is incorporated by reference.

(7) All references to food that requires time or temperature control for safety, TCS, in this rule are equivalent to references in past editions of the U.S. Public Health Service, Food and Drug Administration, Food Code to potentially hazardous food, PHF.

History

KEY: food, inspections
Date of Last Change: July 31, 2024
Notice of Continuation: December 28, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-104; 4-4-107(6); 4-4-102

R70-540 Food Establishment Registration

Utah Admin. Code R70-540-1 Authority

Promulgated under authority of Subsection 4-5-9(1)(a).

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-2 Purpose

The purpose of this rule is to set forth requirements for the registration of food establishments to protect public health and ensure a safe food supply.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-3 Scope

(1) This rule provides procedures to register grocery stores, warehouses, and food processors and any other establishment meeting the definition of a food establishment as per Section 4-5-2(9).

(2) This rule:

(a) establishes definitions;

(b) requires an owner or operator of a food establishment to annually register with the department;

(d) requires an inspection to determine compliance with R70-530 prior to granting a registration for new food establishments;

(e) establishes the requirements for: issuance, denial, conditional denial, revocation, suspension, and reinstatement for food establishments.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-4 Definitions

For the purpose of this rule, the following words and phrases shall have the meanings indicated:

(a) "Department" means the Utah Department of Agriculture and Food, Division of Regulatory Services, or its representatives.

(b) "Farmer's Market" means a market where producers of food products sell only fresh, raw, whole, unprocessed, and unprepared food items directly to the final consumer.

(c) "Food processing" means blending, mixing, packaging, acidifying, curing, drying or dehydrating, dry packing, thermal processing, reduced-oxygen packaging, cooking, baking, heating, grinding, churning, separating, distilling, extracting, slaughtering, cutting, fermenting, eviscerating, preserving, freezing, chilling, or otherwise manufacturing food products.

(d) "Food Processor" means an establishment that uses food processes indicated in R70-540-4(b). Examples include, but are not limited to, scratch bakery, dietary supplement manufacturer, candy factory, bottling plant, cannery, retail meat department, flour mill, ice plant, and low acid food processing establishment.

(e) "Inspection" means an on-site review of a food establishment conducted by the Utah Department of Agriculture and Food to ensure compliance with all applicable laws and rules.

(f) "Letter of Authorization" is a written document from the owner of an inspected food establishment that states that another entity, that is a separate business, is using their food establishment to process a food product. This letter of authorization is valid for one calendar year. This does not include employees of the food establishment or other businesses subcontracted by the food establishment that may temporarily use their facility for food processing activities.

(g) "Warehouse" means a business whose primary purpose is to store or hold food.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-5 Registration Categories

(1) Each food establishment shall belong to only one of the four categories that have been established.

(2) A food establishment with multiple processing areas at the same physical address and under the same ownership will be evaluated and placed in a single category.

(3) A separate registration is required for each business owner operating under a letter of authorization.

(4) Grocery stores offering food as defined in Section 4-5-2(6) to consumers shall be categorized based on the following schedule:

TABLE I

Inspectable Square Process Category

Footage Areas/Employees

(a) less than 1000 4 or fewer employees small

(b) 1000-5000 limited food processing medium

processing areas

(d) greater than 50,000 more than 2 food super

processing areas

(5) Food or beverage manufacturing, processing, or packaging plants shall be categorized based on the following schedule:

TABLE II

Inspectable Square Process Category

Footage Areas/Employees

(a) less than 1000 4 or fewer employees small

(b) 1000-5000 limited food processing medium

processing areas

(d) greater than 20,000 more than 2 food super

processing areas

(6) Cold or dry storage warehouses or other types of food storage facilities shall be categorized based on the following schedule:

TABLE III

Inspectable Square Footage Category

(a) Less than 1000 small

(b) 1000-5000 medium

(d) greater than 50,000 super

(7) A water vending machine owner or company shall be categorized as follows:

TABLE IV

Number of Water Vending Category

(a) ten or fewer small

(b) eleven or more medium

(8) For mobile vendors, each vehicle or truck that sells prepackaged, potentially hazardous food items shall be categorized as a small.

(9) A temporary or seasonal business at an individual location shall be typed as a grocery store as indicated in R70- 540-5(4), Table I, (a)-(d).

(10) A farmer's market shall be exempt from the registration fee pursuant to Title 4-5(2)(9)(b).

(11) An establishment or operation calling itself a farmer's market, but which does not meet the definition of farmer's market in R70-540-4(b) shall be typed as one grocery store as indicated in R70-540-5(4), Table I, (a)-(d).

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-6 Annual Registration Period

Annual registration applications and fees are due December 31 of each year for the upcoming calendar and all registrations expire on December 31 of each year.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-7 Registration

(1) Registration fees are established according to Section 4-5-9. When the appropriate fee is not paid on or before December 31, the registration shall become delinquent and a penalty fee shall be added as per Section 4-1-6. Any new facilities opening between January 1 and October 31 will be required to register appropriately. New facilities registering after November 1 will be registered for the remainder of that year and the following calendar year. This does not apply to seasonal food establishments.

(2) Fees paid are nonrefundable.

(3) When a registration is suspended or revoked, no part of the fees paid for a registration shall be returned to the owner or operator of a registered food establishment.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-8 Requirements

(1) The prerequisites for operation are as follows:

(a) a person may not operate a food establishment without a valid registration.

(b) a new registration is required within 60 days when ownership changes.

(d) the Department may seek administrative or judicial remedies to achieve compliance with the laws and rules if a person fails to have a valid registration to operate a food establishment.

(2) The owner or person-in-charge shall have the registration available for review upon request.

(3) The owner of a food establishment may display the current annual registration.

(4) The applicant should submit an application for a registration at least 30 calendar days before the date planned for opening a new or remodeled food establishment.

(5) The person desiring to operate a food establishment shall submit to the department a written application for a registration on a form provided by the Department.

(6) The qualifications and responsibilities of applicants are as follows:

(a) be an owner or representative of the food establishment;

(b) comply with the requirements of the Utah Food Protection Rule R70-530 and other applicable laws;

(c) agree to allow access to the food establishment during normal business hours as specified under Subsection 4-5- 9(5)(a), provide required information; and

(d) pay the applicable registration fees at the time the application is submitted.

(7) The contents of the application shall include:

(a) the name, billing address, business telephone number, and signature of the person applying for the registration;

(b) the name of the food establishment, federal tax identification number, physical location address, billing address, type of establishment (i.e. retail grocery, food processor, or warehouse), number and types of food processes, square footage of the food establishment, and the number of employees;

(c) information specifying whether the food establishment is owned by an association, corporation, individual, partnership, or other legal entity;

(d) a statement signed by the applicant that attests to the accuracy of the information provided in the application and agrees to provide other information as required by the Department.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-9 Issuance

(1) New, converted, or remodeled food establishments are required to submit plans as specified in the Utah Food Protection Rule R70-530-10, 10-2; the department shall issue a registration to the applicant after:

(a) a properly completed registration form is submitted;

(b) the required plans, specifications, and information are reviewed and approved; and

(c) a preoperational inspection shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with the Utah Food Protection Rule R70-530.

(2) Registration for an existing food establishment will be renewed annually as stated in Subsection 4-5-9(2).

(3) The Department shall issue a registration to a new owner of an existing food establishment after:

(a) a properly completed application is submitted, reviewed, and approved;

(b) an inspection shows that the establishment is in compliance with the Utah Food Protection Rule R70-530 and;

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-10 Conditional Denial of Registration

(1) If the registration is conditionally denied, the Department shall provide the applicant with a written notification within five business days that includes:

(a) the specific reasons for the food establishment's registration denial; and

(b) the applicant's right to appeal as provided for in Section R51-2.

(2) Upon receipt of the notice of conditional denial, the applicant may:

(a) correct deficiencies and submit a description of the corrective actions; or

(b) submit written information to rebut the deficiencies described in the notice; or

(3) After receiving a written notification from the applicant stating that the deficiencies cited in the notice of conditional denial no longer exist, the Department shall:

(a) evaluate the applicant's corrective actions and supporting documentation or the written rebuttal;

(b) conduct an on-site re-inspection, if necessary, within three business days after receipt of written notification or correction;

(d) deny the registration when the corrective action or rebuttal is not sufficient; or

(e) issue a written notice of denial to an applicant who fails to respond to the notice of conditional denial.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-11 Denial of Registration

(1) If the registration is denied, the Department shall provide the applicant with a written notification that includes:

(a) the specific reasons for the food establishment's registration denial; and

(b) the applicant's right to appeal as provided for in Section R51-2.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-12 Suspension of Registration

(1) The Commissioner may suspend a registration:

(a) whenever an inspection of the food establishment reveals that the establishment has critical or repeat violations that remain uncorrected beyond the negotiated period of time.

(b) when there exists in a food establishment an immediate and substantial hazard to public health, unless the hazard is immediately corrected. The Commissioner may temporarily suspend the registration of the food establishment without prior notice, informal hearing, and order the food establishment immediately closed by issuing an order in writing. An immediate and substantial hazard to the public health means any condition, based upon inspection findings or other evidence that:

(i) there is an imminent threat of food-borne illness or disease transmission; or

(ii) there is a hazardous condition including but not limited to critical control points without adequate control measures, contamination from wastewater, or non-potable water supply.

(c) in the event of a natural disaster, the Commissioner has the authority to order an establishment immediately closed if, in the opinion of the Commissioner the establishment cannot operate in a safe and sanitary manner. Conditions for immediate closure can include but are not limited to the following: No water supply, no electric power, flooding, or significant damage to the establishment. The Commissioner shall decide under what conditions the establishment will be allowed to reopen.

(d) whenever an owner or operator of a food establishment denies access to authorized personnel during normal business hours and does not allow them to conduct regulatory activities.

(2) The procedures for suspending the registration are as follows:

(a) the Commissioner shall notify the holder of the registration or the designated person-in-charge, in writing, when a registration is to be suspended;

(i) the Commissioner shall state specific reasons for which the registration is to be suspended; and

(ii) the Commissioner shall offer an opportunity to a person whose registration is suspended for an informal hearing as per R51-2-6, provided a written request for an informal hearing is filed with the Commissioner by the registration holder no later than ten business days, after receipt of the notice;

(b) the establishment shall be closed and shall remain closed until the registration has been reinstated;

(c) a person whose registration has been suspended may request a re-inspection. Upon receipt of the request, the Department will conduct the inspection within three business days. The registration may be reinstated if the inspection shows the violation(s) that led to the suspension is corrected;

(3) the Department may suspend the operations for one processing area of an establishment without suspending the registration for the entire food establishment if the reason for suspension is isolated to that processing area and does not affect other areas of the establishment.

(4) if a food establishment voluntarily closes due to an immediate and substantial hazard to public health, the food establishment shall notify the Department prior to reopening.

(5) when a third administrative enforcement action is assessed against a registered establishment within any twelve- month period of time, the Department may initiate proceedings to suspend the registration.

(6) the registration shall be suspended and in effect until the conditions no longer exist or the Commissioner affirms, modifies, or rescinds the order as appropriate.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-13 Revocation

(1) The Commissioner may revoke a registration whenever:

(a) the Commissioner is unable to conduct inspections in accordance with this chapter due to circumstances within the control of the registration holder or person-in-charge; or

(b) the registration has been suspended more than three times within a twelve-month period.

(2) The procedures for revocation are as follows:

(a) the Commissioner shall notify the holder of the registration or the designated person-in-charge, in writing, when a registration is to be revoked;

(i) the Commissioner shall state specific reasons for which the registration is to be revoked; and

(ii) the Commissioner shall offer an opportunity to a person whose registration is revoked for an informal hearing as per R51-2-6, provided a written request for an informal hearing is filed with the Commissioner by the registration holder, not later than ten business days after receipt of the notice.

(b) a person whose registration has been revoked may reapply thirty days after the date of revocation. Application fees for a new registration will apply.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

Utah Admin. Code R70-540-14 Exemptions

For the purpose of granting registration fee exemptions the following applies:

(1) Food establishments that distribute food provisions directly to consumers without monetary consideration exchange will be exempt from food registration fees.

(a) These facilities may not conduct any type of food processing or reconditioning.

(b) Inspections will be conducted by UDAF to ensure food safety and the food establishments will be required to register annually with UDAF.

(2) Warehouses whose sole purpose is to distribute directly to food establishments that distribute food provisions directly to consumers without monetary consideration exchange may be exempt from registration fees.

History

KEY: food inspection
Date of Last Change: December 14, 2007
Notice of Continuation: August 2, 2022
Authorizing, and Implemented or Interpreted Law: 4-5-2(5); 4-5-2(9)(b)(ii); 4-5-9(1)(a)

R70-560 Inspection and Regulation of Cottage Food Production Operations

Utah Admin. Code R70-560-1 Authority and Purpose

(1) Promulgated under the authority of Subsection 4-5-501(2).

(2) This rule establishes the requirements and process for operating a cottage food production operation.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-2 Definitions

(1) "Cottage food product" means the same as the term is defined in Subsection 4-5-501(1)(b).

(2) "Cottage food production operation" means the same as a cottage food operation defined in Subsection 4-5-501(1).

(3) "Department" means the Utah Department of Agriculture and Food.

(4) "Food processing plant" does not include a Cottage Food Production Operation.

(5) "Potentially hazardous" means:

(a) food of animal origin;

(b) raw seed sprouts; or

(c) a food that needs time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-3 Approval of Food

(1) Before producing food, the operator of a cottage food production operation shall:

(a) at the discretion of the department, provide written confirmation from a department approved food laboratory or process authority, that the food is not potentially hazardous; and

(b) receive approval from the department to produce the food.

(2) A cottage food production operation may only sell department approved foods to the public.

(3) If a cottage food production operation sells fruits and vegetables grown by the operator and the operator applies pesticides, the operator shall have a current private pesticide applicator certification issued by the department under Title 4, Chapter 14, Utah Pesticide Control Act.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-4 Production Requirements

(1) A cottage food production operation shall:

(a) ensure that each operator holds a valid food handler's permit;

(b) use finished and cleanable surfaces;

(d) provide separate storage from domestic storage, including refrigerated storage;

(e) provide for annual water testing if not connected to a public water system; and

(f) keep a sample of each food for 14 days and label it with the production date and time.

(2) A cottage food production operation shall comply with Rule R70-530, except that the cottage food production operation shall not need to:

(a) have commercial surfaces, including stainless steel counters or cabinets;

(b) have a commercial grade sink, dishwasher, or oven;

(d) submit plans and specifications before construction or remodeling.

(3) A cottage food production operation is prohibited from each of the following:

(a) conducting domestic activities in the kitchen when producing food;

(b) allowing pets in the kitchen;

(d) washing out or cleaning pet cages, pans, and similar items in the kitchen; and

(e) allowing entry of non-employees into the kitchen while producing food.

(4) a cottage food product shall be prepared by following the recipe used to prepare the food that was submitted for the approval testing needed in Subsection R70-560-3(1). When a process authority has recommended or stipulated production processes or criteria for food, these shall be followed when the food is produced. The recipe and process authority recommendations and stipulations shall be available in the facility for review by the department.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-5 Inspections, Registration, and Investigations

(1) The department shall inspect a cottage food production operation:

(a) before issuing a registration for the cottage food production operation;

(b) if the department has reason to believe the cottage food production operation is in violation of this rule or is operating in an unsanitary manner; and

(2) A cottage food production operation shall register with the department as a food establishment pursuant to Rule R70-540 and pay the required fee.

(3) Notwithstanding Rule R70-540, the department shall issue a registration to an applicant for a cottage food production operation if the applicant:

(a) applies for registration;

(b) passes the inspection required by Subsection R70-560-5(1);

(d) meets the requirements of this section.

(4) The registration issued under Rule R70-540 shall be displayed at the cottage food production operation. A copy of the registration shall be displayed at farmers' markets, roadside stands, and other places at which the operator sells food from a fixed structure that is permanent or temporary and that is owned, rented, or leased by the operator of the cottage food production operation.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-6 Cottage Food Labeling

(1) A cottage food production operation shall properly label each food in accordance with state and federal law, including 21 CFR Chapter 1, Subchapters A and B.

(2) Label information shall include:

(a) the name specified by federal regulation or, in the absence, the name commonly used for that food or an adequately descriptive name;

(b) a list of ingredients in descending order of predominance by weight, when the food is made from two or more ingredients;

(c) the name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient;

(d) an accurate declaration of the net quantity of contents;

(e) the name and place of business of the cottage food production operation;

(f) the telephone number of the cottage food production operation;

(g) nutritional labeling unless the product qualifies for an exemption; and

(h) the words "Home Produced" in bold and conspicuous 12-point type on the principal display panel.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-7 Food Distribution and Storage

(1) A cottage food production operation shall get food from sources that comply with the law.

(2) The operator of a cottage food production operation shall ensure that any ingredient used that is from a hermetically-sealed container is produced at a food processing plant that is regulated by the appropriate food regulatory agency with jurisdiction over the plant.

(3) Food offered for sale by a cottage food production operation shall be safe, unadulterated, and honestly presented.

(a) The operator of a cottage food production operation shall ensure that food offered for human consumption does not mislead or misinform the consumer.

(b) A cottage food production operation shall not use food or color additives, colored overwraps, or lights to misrepresent the true appearance, color, or quality of food.

(c) A cottage food production operation shall not sell food that contains unapproved food additives, additives in unsafe amounts, or additives that exceed the amount necessary to achieve the needed effect.

(d) The operator of a cottage food production operation shall ensure that food is protected from contamination, including contamination from chemical and pesticide hazards.

(4) Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

(5) The operator of a cottage food production operation shall discard any food that is unsafe, adulterated, or not honestly presented.

(6) Except for unprocessed raw agricultural products, a cottage food production operation shall not display or store foods on the ground.

(7) The operator of a cottage food production operation shall ensure that ingredients are in good condition, unspoiled, and otherwise unadulterated.

(a) Ingredients cannot be used past the expiration date on the container if produced at a regulated food processing facility.

(b) Other ingredients may not be used if over nine months old.

(8) A cottage food production operation may sell, or offer for sale, food for human consumption to a food establishment within the boundaries of Utah if that food has not been subject to intervening storage or transfer. A copy of the registration issued under Rule R70-540 shall be kept on the premises of the food establishment at which the operator sells, or offers for sale, food for human consumption.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-8 Regulatory Jurisdiction

(1) Notwithstanding Section 26A-1-114, a local health department:

(a) does not have jurisdiction to regulate the production of food at a cottage food production operation, operating in compliance with this rule, if the products are not offered to the public for consumption on the premises; and

(b) does have jurisdiction to investigate a cottage food production operation in any investigation into the cause of a foodborn illness outbreak.

(2) A food service establishment as defined in Subsection 26-15a-102(3), shall not use a product produced in a cottage food operation as an ingredient in any food that is prepared by the food establishment and offered by the food establishment to the public for consumption.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

Utah Admin. Code R70-560-9 Enforcement and Penalties

A violation of any portion of this rule may result in civil or criminal action pursuant to Section 4-2-304.

History

KEY: food safety, cottage foods, food establishment registration, inspections
Date of Last Change: January 12, 2023
Notice of Continuation: December 20, 2021
Authorizing, and Implemented or Interpreted Law: 4-5-501(2)

R70-580 Kratom Manufacturer Food Establishment Registration

Utah Admin. Code R70-580-1 Authority and Purpose

Pursuant to Section 4-45-107 and Subsection 4-5-301(1), this rule establishes the requirement for a kratom manufacturer to register as a food establishment.

History

KEY: kratom, kratom manufacturer registration, kratom processor, kratom food establishment registration, warehouse, manufacturing batch record, inspection
Date of Last Change: November 24, 2025
Notice of Continuation: March 3, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107; 4-5-301(1)

Utah Admin. Code R70-580-2 Definitions

As used in this rule:

(1) "Kratom Manufacturer" means a kratom processor who manufactures, packages, distributes, or labels a kratom product for sale.

(2) "Kratom Retailer" means a kratom processor who sells a previously packaged or labeled kratom product directly to an end consumer.

History

KEY: kratom, kratom manufacturer registration, kratom processor, kratom food establishment registration, warehouse, manufacturing batch record, inspection
Date of Last Change: November 24, 2025
Notice of Continuation: March 3, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107; 4-5-301(1)

Utah Admin. Code R70-580-3 Applicability

(1) This rule applies to any person or entity acting as a kratom manufacturer.

(2) This rule does not apply to a kratom retailer, who shall comply with Rule R66-50, Kratom Retail Permit.

History

KEY: kratom, kratom manufacturer registration, kratom processor, kratom food establishment registration, warehouse, manufacturing batch record, inspection
Date of Last Change: November 24, 2025
Notice of Continuation: March 3, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107; 4-5-301(1)

Utah Admin. Code R70-580-4 Manufacturer Registration and Operating Standards

(1) A kratom manufacturer shall register as a food establishment with the department under Section 4-5-301, before operating.

(2) A kratom manufacturer registered in another state may satisfy this requirement by providing the department with a copy of the current registration from the federal or state regulatory agency whose requirements meet or exceed those in Section 4- 5-301.

(3) A kratom manufacturer shall be subject to any statutes, rules, regulations, policies, and procedures for food establishments specific to the form of the kratom product offered for sale.

(4) In their application for registration, each kratom manufacturer shall identify:

(a) any business names under which it operates; and

(b) the person who is legally responsible for the operation. If the legally responsible person changes, the kratom manufacturer shall notify the department of the change within 30 days.

(5) The kratom manufacturer shall maintain a Manufacturing Batch Record (MBR) that documents, at a minimum:

(a) batch-to-batch uniformity;

(b) that each batch conforms to kratom raw material specifications;

(d) the unique lot or batch identification number of the product; and

(e) the name and address where the MBR records are maintained and available for inspection by the department.

(6) A kratom manufacturer shall make its establishment and all records, including MBRs, available for inspection by the department upon request.

(7) A kratom manufacturer registered under this rule is also responsible for complying with Rule R66-51, Kratom Product Registration and Labeling, for each product offered for sale.

History

KEY: kratom, kratom manufacturer registration, kratom processor, kratom food establishment registration, warehouse, manufacturing batch record, inspection
Date of Last Change: November 24, 2025
Notice of Continuation: March 3, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107; 4-5-301(1)

Utah Admin. Code R70-580-5 Violations

Failure to comply with any requirement of this rule is a violation and may be grounds for issuance of citations, fines, revocation of registration, or denial of future registration pursuant to Sections 4-2-303 and 4-2-304.

History

KEY: kratom, kratom manufacturer registration, kratom processor, kratom food establishment registration, warehouse, manufacturing batch record, inspection
Date of Last Change: November 24, 2025
Notice of Continuation: March 3, 2026
Authorizing, and Implemented or Interpreted Law: 4-45-107; 4-5-301(1)

R70-590 Utah Domesticated Game Slaughter and Processing

Utah Admin. Code R70-590-1 Authority

Promulgated under the authority of Title 4, Chapter 32a, Domesticated Game Slaughter and Processing and Section 4- 32a-208.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-2 Definitions

As used in this part:

"Antemortem inspector" means a person employed or contracted by the department who:

a) meets the definition of a veterinarian or veterinarian designee in Section 4-32a-201;

b) performs the antemortem inspection of a domesticated game animal; and

c) may be the same person as the postmortem inspector.

"Adulterated" means the same as found in Section 4-5-103.
"Custom exempt processing" means the same as found in Section 4-32-105.
"Department" means the Utah Department of Agriculture and Food.
"Establishment" means a plant or fixed premises used to slaughter or process domesticated game for human consumption.
"Postmortem inspector" means a person employed or contracted by the department who:

a) meets the definition of a veterinarian or veterinarian designee in Section 4-32a-201;

b) performs the postmortem inspection of a domesticated game animal; and

c) may be the same person as the antemortem inspector.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-3 License and Registration Issuance

A person may not perform domesticated game slaughter or processing without first obtaining a farm custom slaughter license and a domesticated game slaughter and processing registration from the department.
Farm custom slaughter licenses are issued under Section 4-32-107 and its correlating rules in Section R58-11-3.
Domesticated Game Slaughter and Processing Registration.

a) Any person desiring to perform domesticated game slaughter or processing shall apply to the department for a domesticated game slaughter and processing registration using a form provided by the department for that purpose.

i) The form shall require:

A) the name, address, and telephone number of the owner of the business providing the domesticated game slaughter and processing services;

B) the name, address, and telephone number of the operator of the business providing the domesticated game slaughter and processing services if the operator is not the owner; and

C) the name, address, and telephone number of the establishment, if any.

ii) The application shall be signed by the owner as well as the operator, if applicable, attesting to the accuracy of the information submitted in the application.

b) The domesticated game slaughter and processing registration shall not be issued until:

i) the department receives a properly completed application;

ii) the operator, whether the owner or a different person, has demonstrated the ability to operate a domesticated game slaughter and processing business according to the department's statutes, rules, and policies; and

iii) a fee is paid to the department for the registration.

c) A registration is valid for the calendar year, January 1 to December 31. A registrant's desiring to continue performing domesticated game slaughter and processing services shall re-apply for a registration every calendar year.

d) A change of ownership, a change of establishment, or the addition, removal, or replacement of an operator requires the filing of a new registration application.

Any custom exempt processing establishment that processes domesticated game slaughtered pursuant to this rule shall be:

a) registered with the department's Regulatory Services Division;

b) issued a domesticated game slaughter establishment number; and

c) issued a unique stamp for labeling purposes.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-4 Sanitation Requirements

Each registrant shall follow the guidelines outlined in Section R58-11-4, Equipment and Sanitation Requirements, substituting "livestock" with "domesticated game", as the sanitation requirements for the unit or vehicle and equipment used for farm custom slaughter of domesticated game.
Each establishment used for the processing of domesticated game shall be operated and maintained in a manner sufficient to prevent the creation of unsanitary conditions and to ensure that product is not adulterated.

a) Grounds and pest control . The grounds about an establishment shall be maintained to prevent conditions that could lead to unsanitary conditions, adulteration of product, or interfere with inspection by department employees. Each establishment shall have in place a pest management program to prevent the harborage and breeding of pests on the grounds and within facilities.

Each pest control substance used shall be safe and effective under the conditions of use and not be applied or stored in a manner that will result in the adulteration of product or the creation of unsanitary conditions.

b) Construction.

i) Establishment buildings, including their structures, rooms, and compartments, shall be of sound construction, be kept in good repair, and be of sufficient size to allow for processing, handling, and storage of product in a manner that does not result in product adulteration or the creation of unsanitary conditions.

ii) Each wall, floor, and ceiling within an establishment shall be built of durable materials impervious to moisture and be cleaned and sanitized as necessary to prevent adulteration of product or the creation of unsanitary conditions.

iii) Each wall, floor, ceiling, door, window, and other outside opening shall be constructed and maintained to prevent the entrance of vermin, such as flies, rats, and mice.

iv) Each room or compartment in which edible product is processed, handled, or stored shall be separate and distinct from each room or compartment in which inedible product is processed, handled, or stored, to the extent necessary to prevent product adulteration and the creation of unsanitary conditions.

c) Light. Lighting of good quality and sufficient intensity to ensure that sanitary conditions are maintained and that product is not adulterated, shall be provided in each area where food is processed, handled, stored, or examined; where equipment and utensils are cleaned; and in each hand-washing area, dressing and locker room, and toilet.

d) Ventilation. Ventilation adequate to control odors, vapors, and condensation to the extent necessary to prevent adulteration of product and the creation of unsanitary conditions shall be provided.

e) Plumbing. Plumbing systems shall be installed and maintained to:

i) carry sufficient quantities of water to required locations throughout the establishment;

ii) properly convey sewage and liquid disposable waste from the establishment;

iii) prevent adulteration of product, water supplies, equipment, and utensils, and prevent the creation of unsanitary conditions throughout the establishment;

iv) provide adequate floor drainage in each area where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor;

v) prevent back-flow conditions in and cross-connection between piping systems that discharge waste water or sewage and piping systems that carry water for product manufacturing; and

vi) prevent the backup of sewer gases.

f) Sewage disposal. Sewage shall be disposed into a sewage system separate from other drainage lines or disposed of through other means sufficient to prevent backup of sewage into areas where product is processed, handled, or stored. When the sewage disposal system is a private system requiring approval by a state or local health authority, the establishment must furnish the department with the letter of approval from that authority upon request.

g) Water supply and water, ice, and solution reuse. A supply of running water that complies with the National Primary Drinking Water regulations found in 40 CFR 141, at a suitable temperature and under pressure as needed, shall be provided in each area where required, including for processing product, for cleaning rooms and equipment, utensils, and packaging materials, and for employee sanitary facilities. If an establishment uses a municipal water supply, it shall make available to the department, upon request, a water report, issued under the authority of the state or local health agency, certifying or attesting to the potability of the water supply. If an establishment uses a private well for its water supply, it shall make available to the department, upon request, documentation certifying the potability of the water supply that has been renewed at least semi-annually.

h) Dressing rooms, lavatories, and toilets.

i) Each dressing room, toilet room, and urinal shall be sufficient in number, ample in size, conveniently located, and maintained in a sanitary condition and in good repair to ensure cleanliness of any person handling any product. They shall be separate from each room and compartment in which products are processed, stored, or handled.

ii) A lavatory with running hot and cold water, soap, and towels, shall be placed in or near each toilet and urinal room and at other places in the establishment as necessary to ensure cleanliness of each person handling any product.

iii) Refuse receptacles shall be constructed and maintained in a manner that protects against the creation of unsanitary conditions and the adulteration of product.

Each unit or vehicle, equipment, utensil, establishment, and facility used for the slaughter or processing of domesticated game, as well as the people engaged in the slaughter or processing of domesticated game, shall adopt and abide by the following practices and procedures, as applicable, to prevent the creation of unsanitary conditions and to ensure that product is not adulterated:

a) Equipment and utensils.

i) Equipment and utensils used for processing or otherwise handling edible product or ingredients shall be of material and construction to facilitate thorough cleaning and to ensure that their use will not cause the adulteration of product during processing, handling, or storage. Equipment and utensils shall be maintained in sanitary condition so as not to adulterate product.

ii) Equipment and utensils shall not be constructed, located, or operated in a manner that prevents department inspection program employees from inspecting the equipment or utensils to determine whether they are in sanitary condition.

iii) Receptacles used for storing inedible material shall be of material and construction that their use will not result in the adulteration of any edible product or in the creation of unsanitary conditions. Receptacles shall not be used for storing any edible product and shall bear conspicuous and distinctive marking to identify permitted uses.

b) Sanitary operations. i) Food-contact surfaces, including food-contact surfaces of utensils and equipment, shall be cleaned and sanitized as frequently as necessary to prevent the creation of unsanitary conditions and the adulteration of product.

ii) Non-food-contact surfaces of facilities, equipment, and utensils used in the operation of the establishment shall be cleaned and sanitized as frequently as necessary to prevent the creation of unsanitary conditions and the adulteration of product.

iii) Each cleaning compound, sanitizing agent, processing aid, and other chemical used by an establishment shall be safe and effective under the conditions of use. Chemicals shall be used, handled, and stored in a manner that will not adulterate product or create unsanitary conditions. Documentation substantiating the safety of a chemical's use in a food processing environment shall be available to department inspection program employees for review.

iv) Product shall be protected from adulteration during processing, handling, storage, loading, and unloading at and during transportation from the establishment.

c) Employee hygiene.

i) Cleanliness. Each person working in contact with product, food-contact surfaces, and product-packaging materials shall adhere to hygienic practices while on duty to prevent adulteration of product and the creation of unsanitary conditions.

ii) Clothing. Aprons, frocks, and other outer clothing worn by each person who handles product shall be of material that is disposable or readily cleaned. Clean garments shall be worn at the start of each working day and garments shall be changed during the day as often as necessary to prevent adulteration of product and the creation of unsanitary conditions.

iii) Disease control. Any person who has or appears to have an infectious disease, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, shall be excluded from any operation that could result in product adulteration and the creation of unsanitary conditions until the condition is corrected.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-5 Antemortem Inspection

Antemortem inspections shall be performed by an antemortem inspector according to the applicable processes and practices described in 9 CFR 352.10, Ante-Mortem Inspection, as of January 1, 2003, which is incorporated herein by reference, unless otherwise specified in this section.
An antemortem inspection of a domesticated game animal shall, where and to the extent considered necessary by the department and under instructions it may issue, be made on the day of slaughter of a domesticated game animal, in one of the following ways or as determined by the department.

a) Field antemortem inspection.

i) Domesticated game are eligible for field antemortem inspection as approved by the department.

ii) A person desiring a field antemortem inspection shall comply with the notice provisions in Section 4-32a-203.

iii) The following shall be inspected and approved by the antemortem inspector prior to the field antemortem inspection:

A) the area designated for the field antemortem inspection;

B) the stunning or slaughtering area, including equipment needed to humanely restrain the domesticated game animal when stunned or slaughtered, shall be in a condition that minimizes the possibility of soiling the domesticated game animal when stunned or slaughtered and bled; and

C) the transport vehicle, which shall be as sanitary as practicable.

iv) The antemortem inspector shall determine the acceptableness and safety of performing the field antemortem inspection. If, in the opinion of the inspector, an unsafe or unacceptable condition or circumstance exists at the time of field antemortem inspection, the service shall be denied.

v) A domesticated game animal that, in the antemortem inspector's opinion, does not pass antemortem inspection shall be withheld from slaughter.

vi) The inspector shall supervise or personally conduct each phase of field ante-mortem inspection.

b) Transport vehicle antemortem inspection.

i) Bison and domesticated elk are eligible for antemortem inspection while inside of the transport vehicle at an establishment.

ii) The inspector shall remain outside the transport vehicle while performing the transport vehicle antemortem inspection.

iii) The person requesting transport vehicle antemortem inspection shall provide a transport vehicle that is as sanitary as practicable and that permits safe and thorough inspection of the domesticated game animal from outside of the transport vehicle.

iv) The antemortem inspector shall determine the adequacy and safety of performing the transport vehicle antemortem inspection. If, in the antemortem inspector's opinion, the transport vehicle is not adequate or safe to perform the transport vehicle antemortem inspection, the service shall be denied.

Handling of a domesticated game animal during antemortem inspection shall be in accordance with the provisions contained in 9 CFR 313.2, Handling of Livestock, as of January 1, 2011, which is incorporated herein by reference.
A stunned or slaughtered and bled domesticated game animal shall be tagged with department-approved tags by the postmortem inspector prior to loading on the transport vehicle to maintain carcass identification.

a) The tags shall be filled out by the postmortem inspector. The department's copy is to be retained by the postmortem inspector. The other copies shall be attached to the domesticated game carcass or carcass halves before loading the carcass into the transport vehicle.

b) The tags shall remain on the carcass until the carcass is delivered to the approved processing facility and processing begins.

c) The processing facility shall maintain traceability for each product derived from each individual carcass.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-6 Slaughtering Procedures for Domesticated Game

Slaughter Area.

a) Slaughtering shall not take place under adverse conditions such as blowing dirt, dust or in mud.

b) If a slaughter area is used for repeated kills, the area should be maintained to prevent blood from collecting, running off onto adjacent property, or contaminating water sources.

c) Hides, viscera, blood, paunch material, and tissues shall be removed and disposed of at a rendering facility, landfill, composting, or by burial as allowed by law.

Humane Slaughter.

a) Domesticated game shall be rendered insensible to pain by a single blow, gun shot or electrical shock, or other means that is instantaneous and effective before being shackled, hoisted, thrown, cast or cut.

b) Domesticated game shall be securely restrained as needed to achieve the humane slaughter of the animal.

Hoisting and Bleeding. Domesticated game shall be hoisted and bled as soon after stunning as possible to utilize post- stunning heart action and to obtain complete bleeding. Carcasses shall be moved away from the bleeding area for skinning and butchering.
Skinning. Carcass and head skin shall be handled without neck tissue contamination. This may be done by leaving the ears on the hide and tying the head skin. Feet shall be removed before the carcass is otherwise cut. Except for skinning and starting skinning procedures, skin should be cut from inside outward to prevent carcass contamination with cut hair. Hair side of the hide should be carefully rolled or reflected away from the carcass during skinning. When carcass is moved from the skinning bed, caution should be taken to prevent exposed parts from coming in contact with adulterating surfaces.
Evisceration - Before evisceration, rectum shall be tied to include bladder neck and to prevent urine and fecal leakage. Care should also be taken while opening abdominal cavities to prevent carcass or viscera contamination.
Carcass washing. Hair, dirt, and other accidental contamination should be trimmed prior to washing. Washing should proceed from the carcass top downward to move away any possible contaminants from clean areas.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-7 Postmortem Inspection

Unless otherwise specified in this rule, the postmortem inspection shall be conducted according to the applicable processes and practices described in 9 CFR 310, Post-Mortem Inspection, as of January 1, 2012, which is incorporated herein by reference.
Postmortem inspection of a field antemortem-inspected domesticated game animal.

a) The postmortem inspection of a field antemortem-inspected domesticated game animal shall occur in the shortest length of time practicable and on the day that field antemortem inspection is performed to minimize changes in the carcass that can affect the postmortem examination, disposition, and wholesomeness of the carcass and its parts.

b) A field postmortem inspection may be conducted by a postmortem inspector when the following conditions are met at the inspection site:

i) the domesticated game carcass is kept off of the ground;

ii) the inspection is performed between half an hour after sunrise and half an hour before sunset;

iii) the registrant provides and utilizes a table no smaller than two feet by six feet that provides enough space to contain the viscera of the animal, is impervious to liquid, and is easily sanitized; and

iv) the registrant provides a permanent or portable shelter that is utilized in inclement weather.

Postmortem inspection of elk shall be done in accordance with Rule R58-18, Elk Farming.
Identification of a carcass with certain severed parts and with the domesticated game animal from which derived.

a) The head, tail, tongue, thymus gland, and viscera of each slaughtered domesticated game animal, and blood and other parts of such domesticated game animal to be used in the preparation of meat food product or medical product, shall be handled in a manner as to identify them with the rest of the domesticated game carcass and as being derived from the particular domesticated game animal involved, until the postmortem examination of the domesticated game carcass and parts has been completed.

b) Handling shall include the retention of ear tags, back tags, implants, and other identifying devices affixed to the domesticated game animal, in a way to relate them to the domesticated game carcass until the postmortem examination has been completed.

c) Brucellosis and tuberculosis ear tags, herd identification ear tags, sales tags, ear bangles, and similar identification devices shall be removed from the domesticated game animal's hide or ear by the postmortem inspector and shall be placed in a clear plastic bag and affixed to the corresponding domesticated game carcass.

Carcasses and parts in certain instances to be retained.

a) Each domesticated game carcass, including detached organs and other parts, shall be retained by the postmortem inspector at the time of inspection pending a subsequent inspection or lab test results, if:

i) any lesion or other condition is found that might render the meat or any part unfit for food purposes;

ii) the meat or any part has been otherwise adulterated; or

iii) routine surveillance testing is being conducted for domesticated elk brucellosis or chronic wasting disease.

b) A domesticated elk carcass or domesticated elk meat shall not be released before negative lab test results are received for brucellosis and chronic wasting disease. Processing prior to the receipt of the negative test results shall be overseen by a veterinarian or the veterinarian's designee.

c) The identity of each retained domesticated game carcass, detached organ, or other part shall be maintained until the final inspection has been completed. d) Retained domesticated game carcasses shall not be washed or trimmed unless authorized by the postmortem inspector or designated veterinarian.

e) The designated veterinarian shall inspect and make the final disposition of retained domesticated game carcasses, including detached organs and other parts.

Condemned carcasses and parts to be marked; tanking; separation.

a) Each domesticated game carcass or part that is found on final inspection to be unsound, unhealthful, unwholesome, or otherwise adulterated shall be conspicuously marked, on the surface tissues thereof, by the postmortem inspector at the time of inspection, as "Condemned."

b) Condemned detached organs and other parts of such character that they cannot be so marked shall be placed immediately in a truck or receptacle that shall be kept plainly marked "Condemned."

c) Condemned domesticated game carcasses and parts shall remain in the custody of the postmortem inspector until properly disposed of according to the applicable processes and practices described in 9 CFR 314, as of January 1, 2012, which is incorporated herein by reference, at or before the close of the day on which they are condemned.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-8 Identification and Records

Bison and Domesticated Elk Identification.

a) A domesticated elk owner must have a Brand Inspection Certificate or Custom Slaughter-Release Permit, issued by a Department Brand Inspector, prior to the farm custom slaughter of the domesticated elk.

b) Bison and domesticated elk owners must also obtain Domesticated Game Slaughter and Processing identification tags from the department for the established fee.

Records.

a) The Custom Slaughter-Release Permit shall record the following information:

i) date;

ii) owner's name, address and telephone number;

iii) description of the domesticated game animal including brands, official identification, ear-tags and marks; and

iv) Domesticated Game Slaughter and Processing tag number.

b) The Domesticated Game Slaughter and Processing tag shall record the following information:

i) date;

ii) owner's name, address and telephone number;

iii) location of slaughter;

iv) name of registrant;

v) registration number; and

vi) carcass destination.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-9 Finished product labeling

Mark of Inspection. Processed domesticated game meat shall be labeled with a mark of inspection obtained from the department bearing a unique identifier for the domesticated game processing registrant.
Mandatory Label Requirements. Processed domesticated game meat shall be labeled according to the applicable requirements in 9 CFR 317.2, as of January 1, 2011, which is incorporated herein by reference. The labeling requirements include:

a) a handling statement, such as "Keep Refrigerated";

b) the name of the product, such as "Elk Steak";

c) an ingredient statement, if any have been added to the meat;

d) a signature line with the name and address of the manufacturer;

e) an inspection legend for wholesale product;

f) a net weight statement;

g) the packaging date, sell-by date, or lot number for traceability; and

h) safe handling instructions.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-10 Withholding action or suspension

The department may take a withholding action or suspension because of:

a) unsanitary conditions or practices;

b) product adulteration or misbranding;

c) conditions that preclude the department from determining that product is not adulterated or misbranded; or

d) inhumane handling or slaughtering of domesticated game.

If a withholding action or suspension is taken, the department program employee will immediately notify the registrant in writing of the action and the basis for the action.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

Utah Admin. Code R70-590-11 Unlawful Acts; Penalties

A person who commits any of the following acts is in violation of Title 4, Chapter 32a, Domesticated Game Slaughter and Processing, and is subject to action by the department provided for in Title 4, Chapter 2, Part 3, Enforcement and Penalties:

a) operates in a faulty, careless, or negligent manner that poses a threat to public health or safety;

b) refuses or neglects to comply with any limitation or restriction required by a department issued license or permit; c) refuses or neglects to comply with any sanitation requirement;

d) refuses or neglects to comply with any slaughtering procedure requirement;

e) refuses or neglects to comply with, or interferes with, a withholding action or suspension issued by the department;

f) fails to handle, or interferes with the handling of, a condemned domesticated game carcass and parts as required;

g) fails to retain a domesticated game carcass and parts as required;

h) refuses or neglects to keep and maintain records required by these rules, or to make reports when and as required;

i) refuses or neglects to comply with any finished product labeling requirement;

j) interferes with an antemortem inspection or postmortem inspection;

k) slaughters a domesticated game animal without a Brand Inspection Certificate when required;

l) makes a false, fictitious, or fraudulent claim, written or spoken, misrepresenting the methods, practices, or procedures utilized for domesticated game slaughter or processing;

m) makes a false or fraudulent record, invoice, or report;

n) engages in the business of, advertises for, or holds himself out as a domesticated game slaughter or processing business without having a valid farm custom slaughter license and domesticated game slaughter and processing registration;

o) uses fraud or misrepresentation in making application for a registration, license, permit, or certification, or renewal;

p) aids or abets a licensed or an unlicensed person to evade the provisions of Title 4 Chapter 32a, Domesticated Game Slaughter and Processing, conspires with a licensed or an unlicensed person to evade the provisions of the Chapter, allows their license or permit to be used by another person; or

q) neglects or, after notice, refuses to comply with any other provisions of Title 4 Chapter 32a, these rules, or any lawful order of the department.

Penalties. A person who has committed an act that constitutes a violation under this section is subject to the following fines:

a) Public safety violations. $3,000 - $5,000 per violation for an unlawful act that present a direct threat to public health or safety, including the violations in Subsection R70-640-11(1)(a)-(g) and (1)(q) when applicable;

b) Regulatory Violations. $1,000 - $5,000 per violation for an unlawful act that does not present a direct threat to public health or safety or constitute a license violation but are still violations of these rules, including the violations in Subsection R70- 640-11(1)(h)-(m) and (1)(q) when applicable;

c) Licensing Violations. $500 - $5,000 per violation for an unlawful act that violates licensing or registration requirements, including the violations in Subsection R70-640-11(1)(n) through Subsection R70-640-11(1)(p) and Subsection R70- 640-11(1)(q) when applicable.

The department shall calculate each penalty based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.
The department may enhance or reduce the penalty based on the seriousness of the violation.

History

KEY: domesticated game slaughter
Date of Last Change: June 4, 2021
Notice of Continuation: April 10, 2026
Authorizing, and Implemented or Interpreted Law: 4-32a-208

R70-640 Good Manufacturing Practices Certificate Program-Cosmetics

Utah Admin. Code R70-640-1 Authority and Purpose

This rule is promulgated under the authority of Subsection 4-2-801(2)(a) which requires the department to make and enforce rules establishing a voluntary certification program for good manufacturing practices for cosmetics.

History

KEY: good manufacturing practices, certificate, business
Date of Last Change: February 27, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-801

Utah Admin. Code R70-640-2 Definitions

For this rule:

(1) "Cosmetic" means the same as the term defined in 21 U.S.C. Sec. 321.

(2) "Department" means the Utah Department of Agriculture and Food.

(3) "GMP certificate" means a certificate issued by the department under this rule that indicates that a manufacturing facility has been inspected by the department and is compliant with good manufacturing practices.

(4) "Good manufacturing practices" or "GMP" means the good manufacturing practices described in the United States Food and Drug Administration's Guidance for Industry: Cosmetic Good Manufacturing Practices June 2013 version, which is incorporated by reference in this rule.

(5) "Manufacturing facility" means commercial buildings and structures, including machinery and equipment, the primary purpose of which is the manufacture of cosmetics or the processing of cosmetics by physical or chemical change. A manufacturing facility does not include a home, personal dwelling, or residence.

History

KEY: good manufacturing practices, certificate, business
Date of Last Change: February 27, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-801

Utah Admin. Code R70-640-3 Registration Process-Manufacturing Facility

(1) Any manufacturing facility that seeks a GMP certificate shall register with the department.

(2) To register with the department, each applicant shall submit an application form to the department.

(a) A new registration is needed within 60 days of an ownership change.

(b) Registration is non-transferable.

(c) Manufacturing facilities that register after November 1 will be registered for the rest of that year and the following calendar year.

(3) The applicant shall:

(a) be an owner or legal representative of the manufacturing facility;

(b) comply with this rule and other applicable laws;

(d) provide requested information to the department; and

(e) pay the applicable registration fee when the application is submitted.

(4) Registration fee.

(a) Registration fees shall be paid for each application pursuant to Subsection 4-2-801(4).

(b) The manufacturing facility classification shall determine registration fees. The manufacturing facility classification is determined by the inspectable square footage of the manufacturing facility and the number of employees.

(d) If a registration is suspended or revoked, no part of the fees paid for registration shall be returned to the owner or operator of the registered manufacturing facility.

(5) The application for registration shall include:

(a) the name, billing address, business telephone number, and signature of the applicant applying for the registration;

(b) the name of the manufacturing facility, federal tax identification number, physical location address, billing address, list of products being manufactured, square footage of the manufacturing facility, and the number of employees;

(c) information specifying whether the manufacturing facility is owned by an association, corporation, individual, partnership, or other legal entity; and

(d) a statement signed by the applicant that attests to the accuracy of the information provided in the application and agrees to provide other information as needed by the department.

(6) Before registration is issued, the department shall inspect the manufacturing facility to determine if the applicant complies with good manufacturing practices.

(a) If the result of the inspection shows compliance with good manufacturing practices the manufacturing facility shall be considered in good standing.

(b) If the inspection shows non-compliance with good manufacturing practices the manufacturing facility will not be considered in good standing and registration will be denied.

(7) The owner or person in charge of the manufacturing facility shall have the registration available for review upon request.

(8) The owner of a manufacturing facility may display the current annual registration.

(9) The department shall issue a registration after:

(a) a properly finished application is submitted, reviewed, and approved by the department;

(b) an inspection shows that the manufacturing facility is in good standing and complies with this rule; and

History

KEY: good manufacturing practices, certificate, business
Date of Last Change: February 27, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-801

Utah Admin. Code R70-640-4 GMP Certificate Criteria and Process

(1) If a manufacturing facility is registered and in good standing, the department shall issue a GMP certificate to the applicant upon request.

(2) The GMP certificate shall be valid for one year from the date of issuance except as stated in Subsection R70-640- 4(3).

(3) If a manufacturing facility is registered and in good standing with the department and has received International Organization for Standardization (ISO) 22716-2007 certification within the past year, the GMP certificate shall be valid for three years.

(4) The applicant for a GMP certificate shall pay a fee that is determined by the department pursuant to Subsection 4- 2-801(4)(a), for each GMP certificate issued.

(5) GMP certificate fees shall be retained by the department.

(6) GMP certificates shall only be requested by and issued to the registered manufacturing facility where the manufacturing is taking place.

(7) The department may refuse to issue a GMP certificate to a facility that manufactures products that are not defined as cosmetics.

History

KEY: good manufacturing practices, certificate, business
Date of Last Change: February 27, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-801

Utah Admin. Code R70-640-5 Revocation- Registration or Certificate

If a registered manufacturing facility is found to not be in good standing the department may revoke or deny the registration, the GMP certificate, or both.

History

KEY: good manufacturing practices, certificate, business
Date of Last Change: February 27, 2023
Authorizing, and Implemented or Interpreted Law: 4-2-801

R70-910 Weights and Measures Requirements

Utah Admin. Code R70-910-1 Authority

Promulgated under the authority of Section 4-9-103.

History

KEY: inspections, weights and measures, serviceperson, service agency
Date of Last Change: July 8, 2025
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-103

Utah Admin. Code R70-910-2 Purpose

This rule establishes the standards, definitions, and regulatory framework necessary for the effective administration and enforcement of weights and measures.

History

KEY: inspections, weights and measures, serviceperson, service agency
Date of Last Change: July 8, 2025
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-103

Utah Admin. Code R70-910-3 Definitions

(1) The terms defined in Section 4-9-102 shall apply to this rule, as well as the definitions listed in the NIST Handbooks 130, 133, and 44, which this rule are incorporates by reference .

(2) "NCWM" means the National Council on Weights and Measures.

(3) "NIST Handbook 44" means the 2025 edition of the National Institute of Standards and Technology Handbook 44, entitled "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices."

(4) "NIST Handbook 130" means the 2025 edition of the National Institute of Standards and Technology Handbook 130, entitled "Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality".

(5) "NIST Handbook 133" means the 2025 edition of the National Institute of Standards and Technology Handbook 133, entitled "Checking the Net Contents of Packaged Goods".

History

KEY: inspections, weights and measures, serviceperson, service agency
Date of Last Change: July 8, 2025
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-103

Utah Admin. Code R70-910-4 Uniform Regulations, Exemptions, and Modifications

(1) The department incorporates by reference the following Uniform Regulations from the 2025 version of the NIST Handbook 130 "Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality" as adopted by the NCWM:

(a) per Section 4-9-107, the Uniform Packaging and Labeling Regulation, with the following exemptions;

(i) Section 10.11, Cannabis and Cannabis Containing Products; and

(ii) a retail establishment that repackages food, other than meat or poultry, does not need to declare identity, quantity, and name and place of business if:

(A) the establishment displays the food where its interstate labeling is clearly visible;

(B) a counter card or sign shows the common name; or

(b) per Section 4-9-108, the Uniform Regulation for the Method of Sale of Commodities;

(d) the Uniform Regulation for National Type Evaluation; and

(e) per Sections 4-9-109 and 4-9-118, the Uniform Regulation for Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.

(2) The department modifies the incorporated Uniform Regulation for Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices to include:

(a) Registered Serviceperson or Registered Service Agencies who install, service, repair, recondition, calibrate, or place into service a commercial weighing or measuring device for hire shall register with the department annually;

(b) Registered Serviceperson or Registered Service Agency shall provide evidence or demonstrate through a department approved exam or equivalent that they:

(i) are qualified to install, service, repair, or recondition a commercial weighing or measuring device;

(ii) have a thorough working knowledge of applicable weights and measures laws, orders, rules, and regulations; and

(iii) possess, or have access to, suitable and calibrated weights and measures field standards and testing equipment, adequate in amount and appropriate in design.

(c) a service agency that provides training for servicepersons shall notify the department and shall register servicepersons within 30 days of completing the training;

(d) the department shall notify denied applicants in writing if the applicant fails to complete the entire application and may issue a notice of conditional denial on an incomplete application, which shall state a specified amount of time to correct any deficiencies;

(e) an applicant shall submit the annual registration fee at the time of registration;

(f) department employees may not be eligible for registration as a serviceperson under this rule;

(g)(i) a Registered Serviceperson shall be qualified to place in service or remove a rejection tag from a heavy capacity scale after the department certifies adequate testing weights; and

(ii) The department shall consider adequate testing weights as 10,000 pounds of test weights or one fourth of the capacity of the scale, whichever is less.

(h) a serviceperson or service agency not registered with the department may not place into public or commercial service a weighing or measuring device or represent themselves as a Registered Serviceperson by the department;

(i)(i) the department may suspend or revoke a serviceperson or service agency's registration; and

(ii) if the department suspends or revokes the registration of a serviceperson, they shall notify the known employing service agency within three business days;

(j) an individual may not place into public or commercial service a weighing or measuring device that a Registered Serviceperson has not tested or sealed.

History

KEY: inspections, weights and measures, serviceperson, service agency
Date of Last Change: July 8, 2025
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-103

R70-940 Standards and Testing of Motor Fuel

Utah Admin. Code R70-940-1 Authority and Scope

(1) Promulgated and enforced by authorities outlined in Utah Code, Title 4 Chapter 33 Motor Fuel Inspection Act.

(2) Scope: This rule establishes motor fuel performance specifications and monitoring standards to ensure consumer confidence in fuel quality.

History

KEY: inspections, motor fuel
Date of Last Change: February 22, 2018
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-33-4

Utah Admin. Code R70-940-2 Standards

(1) Gasoline and gasoline-ethanol blends shall have a minimum Anti-Knock Index (AKI) of 85.

(2) The Department adopts by reference motor fuel regulations outlined in the 2017 version of NIST Handbook 130; "Uniform Laws and Regulations in the area of legal metrology and engine fuel quality", Chapter IV, Part G, "Uniform Engine Fuels and Automotive Lubricants Regulation" with the following exceptions:

(a) Section 2.1.1, the Department adopts ASTM specification D4814-17, "Standard Specification for Automotive Spark- Ignition Engine Fuel".

(b) Section 2.1.2, Gasoline-Ethanol blends shall not exceed ASTM D4814-17 Table 1 vapor pressure limits by more than:

(i) 1.0 psi, when gasoline-ethanol blends contain nine to ten volume percent ethanol from June 1st through Sept 15th.

(ii) 1.0 psi, when gasoline-ethanol blends contain one up to and including fifteen volume percent ethanol for volatility classes A, B, C, and D from September 16th through May 31st.

(iii) 0.5 psi, for gasoline-ethanol blends containing one up to and including fifteen volume percent ethanol for volatility class E from September 16th through May 31st.

(iv) Vapor pressure exceptions will remain in effect until ASTM incorporates changes to the vapor pressure maximums for gasoline-ethanol blends.

(d) Section 4.4.2, If the standard color code is adopted, no color key posting is required

History

KEY: inspections, motor fuel
Date of Last Change: February 22, 2018
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-33-4

Utah Admin. Code R70-940-3 Storage Tank Preparation

(1) Retail storage tanks and equipment must be cleaned and purged prior to first introduction of fuel meant for sale or,

(2) Purged when switching from one type or grade of fuel to another.

(3) Access to the bottom of a retail storage tank shall remain unobstructed such that any phase separated water content may be measured or detected from the fill connection.

History

KEY: inspections, motor fuel
Date of Last Change: February 22, 2018
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-33-4

Utah Admin. Code R70-940-4 Certification, Documentation, and Labeling

(1) Certification and documentation of motor fuels shall be made in accordance with 16CFR Part 306, "Automotive Fuel Ratings, Certification, and Posting".

(2) Labeling shall be regulated in accordance with requirements in the 2017 version of NIST Handbook 130; "Uniform Laws and Regulations in the area of legal metrology and engine fuel quality", Chapter IV, Part G, "Uniform Engine Fuels and Automotive Lubricants Regulation".

History

KEY: inspections, motor fuel
Date of Last Change: February 22, 2018
Notice of Continuation: May 5, 2026
Authorizing, and Implemented or Interpreted Law: 4-33-4

R70-960 Weights and Measures Fee Registration

Utah Admin. Code R70-960-1 Authority

Promulgated under authority of 4-9-118.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-2 Definitions of Terms

A. Fuel dispenser means a liquid measuring device used in a multiple product dispenser (MPD) and other fuel dispensing applications. These devices are counted as individual grades per side, per hose of dispenser, including diesel.

B. Meter means a vehicle tank meter, rack meter, LPG meter, any measuring device that is mounted on a vehicle, devices mounted as a rack meter at a fuel bulk plant or refinery, and any meter that dispenses LPG at a retail establishment. Each individual meter is counted as a device.

C. Load receiving element means that element of a scale that is designed to receive the load to be weighed, for example: platform, deck, rail, hopper, platter, plate, or scoop.

D. Small scale means any load receiving element of a weighing device capable of measuring weight between 0 pounds to 999 pounds.

E. Large scale means any load receiving element of a weighing device capable of measuring weight from 1000 pounds and up.

F. Check-out register means any device that is commercially used in a price verification system at a check-out register. Included are those devices that use Universal Product Code (U.P.C.) scanners, Electronic Product Code (E. P. C.) readers, manual entries, or any current or future use of any device that could be used at the final point of sale as a means for pricing for commercial sales.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-3 Application

This rule shall apply to commercially-used weighing or measuring instruments or devices at the final point of sale. This will include the following: fuel dispensers, meter, small scale, large scale, and check-out register.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-4 Device Registration

A. Weighing or measuring devices used for commercial purposes in the State of Utah shall be registered annually.

B. Each separate physical location of a business establishment must register the devices at that location.

C. The Department of Agriculture and Food may seek administrative or judicial remedies to achieve compliance with the laws and rules of Weights and Measures Fee Registration.

D. New facilities registering after November 1, will be registered for the remainder of that year and the following calendar year.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-5 Device

The Department of Agriculture and Food may permit the registration to be applicable to a replacement for an original device or any additional devices within the annual registration period.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-6 Annual Registration Period

Annual registration applications and fees are due December 31 of each year. All registrations expire on December 31 of each year. Fees paid are nonrefundable.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-7 Registration Certificate Displayed

Any owner or user of commercially used weighing and measuring devices may display the current annual registration for those instruments and devices or produce the certification for review upon request.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15

Utah Admin. Code R70-960-8 Registration

A. Registration fees are established according with Section 4-9-118. When the appropriate fee is not paid on or before January 1, the registration shall become delinquent and a penalty fee shall be added as per Section 4-1-107. Any new facilities opening between January 1 and October 31, will be required to register appropriately. New facilities registering after November 1, will be registered for the remainder of that year and the following calendar year.

B. When a registration is suspended or revoked, no part of the fees paid for a registration shall be returned to the owner or operator of a registered weights and measures establishment.

History

KEY: inspections
Date of Last Change: November 2, 2004
Notice of Continuation: June 28, 2024
Authorizing, and Implemented or Interpreted Law: 4-9-15