4-32-7 - Mandatory functions, powers, and duties of department prescribed.
4-32-7. Mandatory functions, powers, and duties of department prescribed.
The department shall make rules pursuant to Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, concerning the following functions, powers, and duties, in addition to thosespecified in Chapter 1, Short Title and General Provisions, for the administration andenforcement of this chapter:
(1) The department shall require antemortem and postmortem inspections, quarantine,segregation, and reinspections by inspectors appointed for those purposes with respect to theslaughter of animals and the preparation of meat and poultry products at official establishments,except as provided in Subsection 4-32-8(13).
(2) The department shall require that:
(a) animals be identified for inspection purposes;
(b) meat or poultry products, or their containers be marked or labeled as:
(i) "Utah Inspected and Passed" if, upon inspection, the products are found to beunadulterated; and
(ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to beadulterated; and
(c) condemned animal carcasses or products, which otherwise would be used for humanconsumption, be destroyed under the supervision of an inspector.
(3) The department shall prohibit or limit meat products, poultry products, or othermaterials not prepared under inspection procedures provided in this chapter, from being broughtinto official establishments.
(4) The department shall require that labels and containers for meat and poultry products:
(a) bear all information required by Section 4-32-3 if the product leaves the officialestablishment; and
(b) be approved before sale or transportation.
(5) For official establishments required to be inspected under Subsection (1), thedepartment shall:
(a) prescribe sanitary standards;
(b) require sanitary inspections; and
(c) refuse to provide inspection service if the sanitary conditions allow adulteration ofany meat or poultry product.
(6) (a) The department shall require that any person engaged in a business referred to inSubsection (6)(b):
(i) keep accurate records disclosing all pertinent business transactions;
(ii) allow inspection of the business premises at reasonable times and examination ofinventory, records, and facilities; and
(iii) allow samples to be taken.
(b) Subsection (6)(a) applies to any person who:
(i) slaughters animals;
(ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat orpoultry products for human or animal consumption;
(iii) renders animals; or
(iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts oftheir carcasses that died by a method other than slaughter.
(7) (a) The department shall:
(i) adopt by reference rules and regulations under federal acts with changes that thecommissioner considers appropriate to make the rules and regulations applicable to operationsand transactions subject to this chapter; and
(ii) promulgate any other rules considered necessary for the efficient execution of theprovisions of this chapter, including rules of practice providing an opportunity for hearing inconnection with the issuance of orders under Subsection (5) or under Subsection 4-32-8(1), (2),or (3) and prescribing procedures for proceedings in these cases.
(b) These procedures do not preclude requiring that a label or container be withheld fromuse, or inspection be refused under Subsections (1) and (5), or Subsection 4-32-8(3), pendingissuance of a final order in the proceeding.
(8) (a) To prevent the inhumane slaughtering of animals, inspectors shall be appointed toexamine and inspect methods of handling and slaughtering animals.
(b) Inspection of slaughtering establishments may be refused or temporarily suspended ifanimals have been slaughtered or handled by any method not in accordance with the HumaneMethods of Slaughter Act of 1978, Public Law 95-445.
(c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or areligious faith's requirements that discourage stunning of the animal, the person slaughtering theanimal shall file a written request with the commissioner.
(9) (a) The department shall require an animal showing symptoms of disease duringantemortem inspection, performed by an inspector appointed for that purpose, to be set apart andslaughtered separately from other livestock and poultry.
(b) When slaughtered, the carcasses of livestock and poultry are subject to carefulexamination and inspection in accordance with rules prescribed by the commissioner.
Amended by Chapter 242, 2010 General Session
Amended by Chapter 324, 2010 General Session
Amended by Chapter 378, 2010 General Session