(1) Except as provided in Section 4-3-608 or 4-3-609, a producer of raw milk or a raw milk product may manufacture, distribute, sell, deliver, hold, store, or offer for sale the raw milk or raw milk product in accordance with this part. (2) To engage in an activity listed in Subsection (1), the producer shall: (a) obtain a permit from the department in accordance with Subsection 4-3-301(6); (b) conduct the sale and delivery of the raw milk product on the premises where the raw milk or raw milk product is produced, except as provided by Subsection (3); (c) sell raw milk or a raw milk product to a consumer for household use and not for resale; (d) bottle or package raw milk or a raw milk product under sanitary conditions and in sanitary containers on the premises where the raw milk or raw milk product is produced; (e) (i) cool raw milk or the raw milk used to produce the raw milk product: (A) to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal; and (B) to 41 degrees Fahrenheit within two hours of being drawn from the animal; and (ii) maintain raw milk 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; (f) ensure that the production of raw milk or a raw milk product conforms to departmental rules for the production of grade A milk products; (g) ensure that the dairy animals on the premises are: (i) permanently and individually identifiable; and (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; (h) ensure that any individual on the premises performing any work in connection with the production, bottling, packaging, handling, or sale of raw milk or a raw milk product is free from communicable disease; (i) refrain from offering raw milk or a raw milk product for sale until: (i) the department or a third party certified by the department tests each batch of raw milk or raw milk used to produce a raw milk product for the standard bacterial count and coliform count described in Section 4-3-603; and (ii) the test results meet the minimum standards established under Section 4-3-603 for the tests taken under this Subsection (2)(i); (j) ensure that the plant complies with Chapter 5, Utah Wholesome Food Act, and the rules governing food establishments enacted under Section 4-5-301; and (k) comply with the applicable rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as authorized by this chapter. (3) (a) A producer may distribute, sell, deliver, hold, store, or offer raw milk or a raw milk product from a mobile unit, if the raw milk or raw milk product is maintained through mechanical refrigeration at 41 degrees Fahrenheit or a lower temperature. (b) A producer may transport raw milk or a raw milk product from the premises where the raw milk or raw milk product is produced and sell the raw milk or raw milk product at a retail establishment that is inspected by the department if the producer ensures that the raw milk or raw milk product is transported by a designated agent, a third party vendor, or employee of the producer in a mobile unit with mechanical refrigeration where the raw milk or raw milk product is maintained at 41 degrees Fahrenheit or a lower temperature. (4) A person who conducts a test required by Subsection (2)(i) shall send a copy of the test results to the department as soon as the test results are available.
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