H.B. 529
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C. Williams 6
6 02-20-23 4:51 PM 6
H.B. 529
1 FOOD SHOPPING HISTORY REQUIREMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott H. Chew
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill allows certain government agencies to obtain records related to a customer's
10shopping history from food establishments.
11Highlighted Provisions:
12 This bill:
13 <allows the Department of Agriculture and Food, the Department of Health and
14Human Services, and local health departments to obtain records related to a
15customer's shopping history.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21AMENDS:
22 4-5-105, as last amended by Laws of Utah 2019, Chapter 32
23 26-15-9, as enacted by Laws of Utah 1981, Chapter 126
24
25Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 4-5-105 is amended to read:
27 4-5-105. Inspection of premises and records -- Authority to take samples --
*HB0529* H.B. 529 02-20-23 4:51 PM
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28Inspection results reported.
29 (1) An authorized agent of the department, upon presenting appropriate credentials to
30the owner, operator, or agent in charge, may:
31 (a) enter at reasonable times a factory, farm, warehouse, or establishment in which
32food is manufactured, processed, packed, or held for introduction into commerce or after
33introduction into commerce;
34 (b) enter a vehicle being used to transport or hold food in commerce;
35 (c) inspect at reasonable times and within reasonable limits and in a reasonable manner
36a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
37unfinished materials, containers, and labeling located within the factory, warehouse,
38establishment, or vehicle;
39 (d) obtain samples necessary for the enforcement of this chapter if the department:
40 (i) pays the posted price for the sample if requested to do so; and
41 (ii) receives a signed receipt from the person from whom the sample is taken; and
42 (e) have access to and copy all records:
43 (i) related to customer shopping histories from food establishments that track an
44individual's shopping history; and
45 (ii) of carriers in commerce showing:
46 [(i)] (A) the movement in commerce of food;
47 [(ii)] (B) the holding of food during or after movement in commerce; and
48 [(iii)] (C) the quantity, shipper, and consignee of food.
49 (2) Evidence obtained under this section may not be used in a criminal prosecution of
50the person from whom the evidence was obtained.
51 (3) A carrier is subject to the other provisions of this chapter by reason of the carrier's
52receipt, carriage, holding, or delivery of food in the usual course of business as a carrier.
53 (4) After the inspection of a factory, warehouse, consulting laboratory, or other
54establishment and before leaving the premises, the authorized agent making the inspection
55shall give the owner, operator, or agent in charge a written report describing any conditions or
56practices observed by the agent during the inspection which, in the agent's judgment, indicate
57that a food in the establishment:
58 (a) consists in whole or in part of a filthy, putrid, or decomposed substance; or 02-20-23 4:51 PM H.B. 529
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59 (b) has been prepared, packed, or held under unsanitary conditions whereby the food
60may have become contaminated with filth or been rendered injurious to health.
61 (5) A copy of the report required under Subsection (4) shall be sent promptly to the
62department.
63 (6) If the authorized agent making the inspection of a factory, warehouse, or other
64establishment has obtained a sample in the course of the inspection, the agent shall give to the
65owner, operator, or agent in charge:
66 (a) a receipt describing the samples obtained; and
67 (b) if an analysis is made of the sample for the purpose of ascertaining whether the
68food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise
69unfit for food, a copy of the results of the analysis.
70 Section 2. Section 26-15-9 is amended to read:
71 26-15-9. Impoundment of adulterated food products authorized -- Shopping
72history.
73 (1) The department and local health departments may impound any food products
74found in places where food or drink is handled, sold, or served to the public that is intended for
75but found to be adulterated and unfit for human consumption; and, upon five days' notice and
76reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same
77if deemed necessary for the protection of the public health.
78 (2) The department or a local health department may obtain records related to a
79customer's shopping history from a retail food establishment that tracks an individual's
80shopping history if:
81 (a) the department or local health department determines that an individual has become
82ill after exposure to food purchased at the retail food establishment; and
83 (b) the customer whose records are being obtained provides consent to obtain the
84records to the department or local health department.