UT
Utah House Bill HB0529

Utah 2023 Regular Session

Utah House Bill HB0529 Compare Versions

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1-1st Sub. H.B. 529
1+H.B. 529
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: C. Williams 6
4-6 02-24-23 6:57 AM 6
4+6 02-20-23 4:51 PM 6
55 H.B. 529
6-1st Sub. (Buff)
7-Representative Scott H. Chew proposes the following substitute bill:
86 1 FOOD SHOPPING HISTORY REQUIREMENTS
97 2 2023 GENERAL SESSION
108 3 STATE OF UTAH
119 4 Chief Sponsor: Scott H. Chew
1210 5 Senate Sponsor: ____________
1311 6
1412 7LONG TITLE
1513 8General Description:
1614 9 This bill allows certain government agencies to obtain records related to a customer's
1715 10shopping history from food establishments.
1816 11Highlighted Provisions:
1917 12 This bill:
20-13 <allows the Department of Health and Human Services and local health departments
21-14to obtain records related to a customer's shopping history.
22-15Money Appropriated in this Bill:
23-16 None
24-17Other Special Clauses:
25-18 None
26-19Utah Code Sections Affected:
27-20AMENDS:
28-21 26-15-9, as enacted by Laws of Utah 1981, Chapter 126
29-22
30-23Be it enacted by the Legislature of the state of Utah:
31-24 Section 1. Section 26-15-9 is amended to read:
32-25 26-15-9. Impoundment of adulterated food products authorized -- Shopping
33-*HB0529S01* 1st Sub. (Buff) H.B. 529 02-24-23 6:57 AM
18+13 <allows the Department of Agriculture and Food, the Department of Health and
19+14Human Services, and local health departments to obtain records related to a
20+15customer's shopping history.
21+16Money Appropriated in this Bill:
22+17 None
23+18Other Special Clauses:
24+19 None
25+20Utah Code Sections Affected:
26+21AMENDS:
27+22 4-5-105, as last amended by Laws of Utah 2019, Chapter 32
28+23 26-15-9, as enacted by Laws of Utah 1981, Chapter 126
29+24
30+25Be it enacted by the Legislature of the state of Utah:
31+26 Section 1. Section 4-5-105 is amended to read:
32+27 4-5-105. Inspection of premises and records -- Authority to take samples --
33+*HB0529* H.B. 529 02-20-23 4:51 PM
3434 - 2 -
35-26history.
36-27 (1) The department and local health departments may impound any food products
37-28found in places where food or drink is handled, sold, or served to the public that is intended for
38-29but found to be adulterated and unfit for human consumption; and, upon five days' notice and
39-30reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same
40-31if deemed necessary for the protection of the public health.
41-32 (2) The department or a local health department may obtain records related to a
42-33customer's shopping history from a retail food establishment that tracks an individual's
43-34shopping history if:
44-35 (a) the department or local health department determines that an individual has become
45-36ill after exposure to food purchased at the retail food establishment; and
46-37 (b) the customer whose records are being obtained provides consent to obtain the
47-38records to the department or local health department.
35+28Inspection results reported.
36+29 (1) An authorized agent of the department, upon presenting appropriate credentials to
37+30the owner, operator, or agent in charge, may:
38+31 (a) enter at reasonable times a factory, farm, warehouse, or establishment in which
39+32food is manufactured, processed, packed, or held for introduction into commerce or after
40+33introduction into commerce;
41+34 (b) enter a vehicle being used to transport or hold food in commerce;
42+35 (c) inspect at reasonable times and within reasonable limits and in a reasonable manner
43+36a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
44+37unfinished materials, containers, and labeling located within the factory, warehouse,
45+38establishment, or vehicle;
46+39 (d) obtain samples necessary for the enforcement of this chapter if the department:
47+40 (i) pays the posted price for the sample if requested to do so; and
48+41 (ii) receives a signed receipt from the person from whom the sample is taken; and
49+42 (e) have access to and copy all records:
50+43 (i) related to customer shopping histories from food establishments that track an
51+44individual's shopping history; and
52+45 (ii) of carriers in commerce showing:
53+46 [(i)] (A) the movement in commerce of food;
54+47 [(ii)] (B) the holding of food during or after movement in commerce; and
55+48 [(iii)] (C) the quantity, shipper, and consignee of food.
56+49 (2) Evidence obtained under this section may not be used in a criminal prosecution of
57+50the person from whom the evidence was obtained.
58+51 (3) A carrier is subject to the other provisions of this chapter by reason of the carrier's
59+52receipt, carriage, holding, or delivery of food in the usual course of business as a carrier.
60+53 (4) After the inspection of a factory, warehouse, consulting laboratory, or other
61+54establishment and before leaving the premises, the authorized agent making the inspection
62+55shall give the owner, operator, or agent in charge a written report describing any conditions or
63+56practices observed by the agent during the inspection which, in the agent's judgment, indicate
64+57that a food in the establishment:
65+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
66+- 3 -
67+59 (b) has been prepared, packed, or held under unsanitary conditions whereby the food
68+60may have become contaminated with filth or been rendered injurious to health.
69+61 (5) A copy of the report required under Subsection (4) shall be sent promptly to the
70+62department.
71+63 (6) If the authorized agent making the inspection of a factory, warehouse, or other
72+64establishment has obtained a sample in the course of the inspection, the agent shall give to the
73+65owner, operator, or agent in charge:
74+66 (a) a receipt describing the samples obtained; and
75+67 (b) if an analysis is made of the sample for the purpose of ascertaining whether the
76+68food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise
77+69unfit for food, a copy of the results of the analysis.
78+70 Section 2. Section 26-15-9 is amended to read:
79+71 26-15-9. Impoundment of adulterated food products authorized -- Shopping
80+72history.
81+73 (1) The department and local health departments may impound any food products
82+74found in places where food or drink is handled, sold, or served to the public that is intended for
83+75but found to be adulterated and unfit for human consumption; and, upon five days' notice and
84+76reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same
85+77if deemed necessary for the protection of the public health.
86+78 (2) The department or a local health department may obtain records related to a
87+79customer's shopping history from a retail food establishment that tracks an individual's
88+80shopping history if:
89+81 (a) the department or local health department determines that an individual has become
90+82ill after exposure to food purchased at the retail food establishment; and
91+83 (b) the customer whose records are being obtained provides consent to obtain the
92+84records to the department or local health department.