(1) A person may not: (a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or misbranded; (b) adulterate or misbrand food; (c) except as provided in Subsection (2), distribute, in commerce, a consumer commodity inconsistent with the packaging and labeling requirements of this chapter, or the rules made under this chapter; (d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section 4-5-301; (e) disseminate false advertising; (f) remove or dispose of detained or embargoed food in violation of Section 4-5-202; (g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in the food being misbranded or adulterated while the food is for sale; (h) forge, counterfeit, simulate, or misrepresent a label or information, by the unauthorized use of a mark, stamp, tag, label, or other identification device; (i) use or reveal a method, process, or information which is protected as a trade secret; (j) operate a food establishment without a valid registration issued by the department; and (k) refuse entry to an authorized agent of the department in a food establishment as required under Section 4-5-105. (2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail distribution of consumer commodities unless that person: (a) is engaged in the packaging or labeling of consumer commodities; or (b) prescribes or specifies the manner in which consumer commodities are packaged or labeled. Renumbered and Amended by Chapter 345, 2017 General Session
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