(1) (a) Rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall include rules regarding: (i) permits; (ii) building and premises requirements; (iii) sanitation and operating requirements, including bulk milk tank requirements; (iv) additional tests; (v) use of a third-party testing laboratory within or outside of the state; (vi) frequency of inspections, including random cooler checks; (vii) recordkeeping; and (viii) packaging and labeling. (b) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product. (c) A producer operating under Section 4-3-608 or 4-3-609 is exempt from a rule made by the department under this part. (2) (a) The department may establish and collect a fee in accordance with Section 63J-1-504 for the testing or an inspection conducted in accordance with this part. (b) Notwithstanding Section 63J-1-504, the department shall retain the fee imposed under this Subsection (2) as a dedicated credit and may only use the fee to administer and enforce this part. (3) (a) If the Department of Health and Human Services or the department links a producer's raw milk or raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this part, the department may impose upon the producer the following administrative penalties: (i) upon the first violation, a penalty of no more than $300; (ii) upon a second violation, a penalty of no more than $750; and (iii) upon a third or subsequent violation, a penalty of no more than $1,500. (b) The department may impose the penalties described in Subsection (2)(a) in addition to: (i) suspending a permit under Section 4-3-605; or (ii) issuing a cease and desist order under Section 4-3-606.
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