Enrolled Copy H.B. 138
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Food Labeling Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Neil Walter
Senate Sponsor: Derrin R. Owens
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LONG TITLE
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General Description:
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This bill addresses labeling of meat type products.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires labeling of food containing cultivated meat products;
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▸ requires labeling of food containing plant or insect based meat substitutes;
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▸ provides for notification, inspections, and the payment of a fee related to cultivated meat
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products and plant or insect based meat substitutes;
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▸ addresses rulemaking; and
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▸ makes technical and conforming amendments.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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4-5-102, as last amended by Laws of Utah 2023, Chapter 528
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4-5-201, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-5-301, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-5a-103, as last amended by Laws of Utah 2023, Chapter 362
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 4-5-102 is amended to read: H.B. 138 Enrolled Copy
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4-5-102 . Definitions.
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As used in this chapter:
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(1) "Advertisement" means a representation, other than by labeling, made to induce the
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purchase of food.
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(2)(a) "Color additive":
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(i) means a dye, pigment, or other substance not exempted under the federal act that,
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when added or applied to a food, is capable of imparting color; and
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(ii) includes black, white, and intermediate grays.
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(b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or other
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agricultural chemical that imparts color solely because of the chemical's effect,
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before or after harvest, in aiding, retarding, or otherwise affecting, directly or
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indirectly, the growth or other natural physiological process of any plant life.
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(3)(a) "Consumer commodity" means a food, as defined by this chapter, or by the
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federal act.
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(b) "Consumer commodity" does not include:
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(i) a commodity subject to packaging or labeling requirements imposed under the
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Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
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(ii) a commodity subject to Chapter 16, Utah Seed Act;
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(iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C.
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Sec. 601 et seq.;
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(iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
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451 et seq.;
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(v) a tobacco or tobacco product; or
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(vi) a beverage subject to or complying with packaging or labeling requirements
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imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
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(4) "Contaminated" means not securely protected from dust, dirt, or foreign or injurious
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agents.
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(5)(a) "Cultivated meat product" means a meat, as defined in Section 4-32-105, or
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another food or food product that is:
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(i) produced by cultivating or culturing an animal cell in vitro; and
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(ii) used for human consumption.
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(b) "Cultivated meat product" includes poultry, fish, and other livestock, as defined in
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Section 4-7-103, that meets the requirements of Subsection (5)(a).
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[(5)] (6)(a) "Farm" means an agricultural operation, under management by one entity,
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that grows or harvests crops.
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(b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a) or 21
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C.F.R. 112.5.
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[(6)] (7) "Farmers market" means a market where a producer of a food product sells only a
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fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.
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[(7)] (8) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
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et seq.
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[(8)] (9) "Food" means:
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(a) an article used for food or drink for human or animal consumption or the components
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of the article;
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(b) chewing gum or chewing gum components; or
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(c) a food supplement for special dietary use that is necessitated because of a physical,
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physiological, pathological, or other condition.
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[(9)] (10)(a) "Food additive" means a substance, the intended use of which results in the
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substance becoming a component, or otherwise affecting the characteristics, of a food.
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(b)(i) "Food additive" includes a substance or source of radiation intended for use in
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producing, manufacturing, packing, processing, preparing, treating, packaging,
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transporting, or holding food.
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(ii) "Food additive" does not include:
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(A) a pesticide chemical in or on a raw agricultural commodity;
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(B) a pesticide chemical that is intended for use or is used in the production,
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storage, or transportation of a raw agricultural commodity; or
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(C) a substance used in accordance with a sanction or approval granted pursuant
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to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the
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Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.
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[(10)] (11)(a) "Food establishment" means a grocery store, bakery, candy factory, food
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processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat
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processor, flour mill, cold or dry warehouse storage, or other facility where food
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products are manufactured, canned, processed, packaged, stored, transported,
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prepared, sold, or offered for sale.
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(b) "Food establishment" does not include:
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(i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry
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Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat
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Inspection Act, 21 U.S.C. Sec. 601 et seq.;
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(ii) a farmers market; or
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(iii) a food service establishment, as that term is defined in Section 26B-7-401.
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[(11)] (12) "Label" means a written, printed, or graphic display on the immediate container
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of an article of food.
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[(12)] (13) "Labeling" means a label and other written, printed, or graphic display:
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(a) on an article of food or the article of food's container or wrapper; or
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(b) accompanying the article of food.
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[(13)] (14) "Official compendium" means the official documents or supplements to the:
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(a) United States Pharmacopoeia;
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(b) National Formulary; or
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(c) Homeopathic Pharmacopoeia of the United States.
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[(14)] (15)(a) "Package" means a container or wrapping in which a consumer commodity
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is enclosed for use in the delivery or display of the consumer commodity to retail
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purchasers.
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(b) "Package" does not include:
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(i) a package liner;
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(ii) a shipping container or wrapping used solely for the transportation of a consumer
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commodity in bulk or in quantity to a manufacturer, packer, processor, or
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wholesale or retail distributor; or
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(iii) a shipping container or outer wrapping used by a retailer to ship or deliver a
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consumer commodity to a retail customer, if the container and wrapping bear no
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printed information relating to the consumer commodity.
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[(15)] (16)(a) "Pesticide" means a substance intended:
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(i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or
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(ii) for use as a plant regulator, defoliant, or desiccant.
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(b) "Pesticide" does not include:
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(i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
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the United States Secretary of Health and Human Services not to be a new animal
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drug by federal regulation establishing conditions of use of the drug; or
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(ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new
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animal drug.
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(17) "Plant or insect based meat substitute" means a food or food product that:
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(a) is plant or insect based;
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(b) approximates the aesthetic qualities, primarily texture, flavor, and appearance, or the
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chemical characteristics of a type of meat, as defined in Section 4-32-105, including
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fish; and
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(c) does not include the flesh, offal, or other by-product of any part of the carcass of a
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live animal that has been slaughtered.
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[(16)] (18) "Principal display panel" means that part of a label that is most likely to be
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displayed, presented, shown, or examined under normal and customary conditions of
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display for retail sale.
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[(17)] (19) "Produce" means a food that is a:
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(a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed
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source, peanut, tree nut, or herb; and
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(b) raw agricultural commodity.
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[(18)] (20) "Raw agricultural commodity" means a food in the food's raw or natural state,
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including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled,
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natural form before marketing.
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[(19)] (21) "Registration" means the commissioner's issuance of a certificate to a qualified
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food establishment.
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[(20)] (22) "Sprout" means the shoot of a plant generally harvested when cotyledons are
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undeveloped or underdeveloped and mature leaves have not emerged.
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Section 2. Section 4-5-201 is amended to read:
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4-5-201 . Labeling requirements -- Misbranded food specified.
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(1) The department may require that a label contain specific written, printed, or graphic
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information which is:
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(a) displayed on the outside container or wrapper of a retail package of an article; or
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(b) easily legible through the outside container or wrapper.
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(2) Food is misbranded if:
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(a) its label is false or misleading in any way;
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(b) its labeling or packaging fails to conform with the requirements of Section 4-5-205;
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(c) it is offered for sale under the name of another food;
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(d) its container is so made, formed, or filled with packing material or air as to be
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misleading; or
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(e) it fails to conform with any requirement specified in this section.
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(3)(a) A food that is an imitation of another food shall bear a label, in type of uniform
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size and prominence, stating the word "imitation," and, immediately thereafter, the
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name of the food imitated.
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(b) If the state allows a cultivated meat product to be manufactured, sold, held or offered
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for sale, or distributed, a food that contains the cultivated meat product shall bear a
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term or phrase on a label in a place on the packaging that is reasonably certain to
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notify a consumer that the food contains a cultivated meat product.
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(c) A food that contains a plant or insect based meat substitute:
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(i) is not subject to Subsection (3)(a); and
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(ii) shall bear a term or phrase on a label in a place on the packaging that is
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reasonably certain to notify a consumer that the food contains a plant or insect
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based meat substitute.
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(d) The department shall interpret and enforce this Subsection (3) in a manner consistent
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with applicable federal statute and regulations.
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(e) The department may not enforce the requirements of Subsections (3)(b) and (c) on or
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before October 31, 2025.
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(4)(a) A food in package form shall bear a label containing:
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(i) the name and place of business of the manufacturer, packer, or distributor; and
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(ii) an accurate statement of the quantity of the contents in terms of weight, measure,
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or numerical count.
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(b) The statement required by Subsection (4)(a)(ii) shall be separately and accurately
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stated in a uniform location upon the principal display panel of the label unless
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reasonable variations and exemptions for small packages are established by a rule
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made by the department.
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(c) A manufacturer or distributor of carbonated beverages who utilizes proprietary stock
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or a proprietary crown is exempt from Subsection (4)(a)(i) if [he] the manufacturer or
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distributor files with the department:
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(i) a sworn affidavit giving a full and complete description of each area within the
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state in which beverages of [his] the manufacturer's or distributor's manufacturing
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or distributing are to be distributed; and
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(ii) the name and address of the person responsible for compliance with this chapter
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within each of those areas.
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(5) Any word, statement, or other information required by this chapter to appear on the
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label or labeling shall be:
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(a) prominently placed on the label;
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(b) conspicuous in comparison with other words, statements, designs, or devices in the
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labeling; and
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(c) in terms which render it likely to be read and understood by the ordinary individual
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under customary conditions of purchase and use.
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(6) If a food is represented as a food for which a definition and standard of identity has
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been prescribed by federal regulations or department rules as provided by Section
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4-5-207, it shall:
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(a) conform to the definition and standard; and
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(b) have a label bearing:
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(i) the name of the food specified in the definition and standard; and
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(ii) insofar as may be required by the rules, the common names of optional
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ingredients, other than spices, flavorings, and colorings, present in the food.
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(7) If a food is represented as a food for which a standard of quality has been prescribed by
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federal regulations or department rules as provided by Section 4-5-207, and its quality
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falls below the standard, its label shall bear, in the manner and form as the regulations or
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rules specify, a statement indicating that it falls below the standards.
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(8) If a food is represented as a food for which a standard of fill of container has been
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prescribed by federal regulations or department rules as provided by Section 4-5-207,
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and it falls below the applicable standard of fill, its label shall bear, in the manner and
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form as the regulations or rules specify, a statement indicating that it falls below the
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standard.
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(9)(a) Any food for which neither a definition nor standard of identity has been
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prescribed by federal regulations or department rules as provided by Section 4-5-207
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shall bear labeling clearly giving:
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(i) the common or usual name of the food, if any; and
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(ii) in case it is fabricated from two or more ingredients, the common or usual name
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of each ingredient, except that spices, flavorings, and colorings, other than those
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sold as such, may be designated as spices, flavorings, and colorings without
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naming each.
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(b) To the extent that compliance with the requirements of Subsection (9)(a)(ii) is
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impractical or results in deception or unfair competition, exemptions shall be
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established by rules made by the department.
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(10) If a food is represented as a food for special dietary uses, its label shall bear the
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information concerning its vitamin, mineral, and other dietary properties as the
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department by rule prescribes.
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(11)(a) If a food bears or contains any artificial flavoring, artificial coloring, or chemical
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preservatives, its label shall state that fact.
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(b) If compliance with the requirements of Subsection (11)(a) is impracticable,
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exemptions shall be established by rules made by the department.
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(12)(a) The shipping container of any raw agricultural commodity bearing or containing
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a pesticide chemical applied after harvest shall bear labeling which declares the
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presence of the chemical in or on the commodity and the common or usual name and
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function of the chemical.
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(b) The declaration is not required while the commodity, having been removed from the
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shipping container, is being held or displaced for sale at retail out of the container in
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accordance with the custom of the trade.
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(13) A product intended as an ingredient of another food, when used according to the
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directions of the purveyor, may not result in the final food product being adulterated or
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misbranded.
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(14) The packaging and labeling of a color additive shall be in conformity with the
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packaging and labeling requirements applicable to the color additive prescribed under
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the federal act.
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(15)(a) Subsections (6), (9), and (11) with respect to artificial coloring do not apply to
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butter, cheese, or ice cream.
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(b) Subsection (11) with respect to chemical preservatives does not apply to a pesticide
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chemical when used in or on a raw agricultural commodity.
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Section 3. Section 4-5-301 is amended to read:
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4-5-301 . Registration of food establishments -- Fee -- Suspension and
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reinstatement of registration -- Inspection for compliance.
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(1)(a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department shall [establish] make rules providing for the registration of food
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establishments to protect public health and ensure a safe food supply.
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(b) The owner or operator of a food establishment shall register with the department
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before operating a food establishment.
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(c) Before granting a registration to the owner or operator of a food establishment, the
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department shall inspect and assess the food establishment to determine whether it
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complies with the rules established under Subsection (1)(a).
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(d) An applicant shall register with the department, in writing, using forms required by
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the department.
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(e) The department shall issue a registration to an applicant, if the department
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determines that the applicant meets the qualifications of registration established
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under Subsection (1)(a).
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(f) If the applicant does not meet the qualifications of registration, the department shall
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notify the applicant, in writing, that the applicant's registration is denied.
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(g)(i) If an applicant submits an incomplete application, a written notice of
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conditional denial of registration shall be provided to an applicant.
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(ii) The applicant shall correct the deficiencies within the time period specified in the
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notice to receive a registration.
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(h)(i) The department may, as provided under Subsection 4-2-103(2), charge the food
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establishment a registration fee.
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(ii) The department shall retain the fees as dedicated credits and shall use the fees to
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administer the registration of food establishments.
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(2)(a) A registration, issued under this section, shall be valid from the date the
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department issues the registration, to December 31 of the year the registration is
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issued.
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(b) A registration may be renewed for the following year by applying for renewal by
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December 31 of the year the registration expires.
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(3) A registration, issued under this section, shall specify:
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(a) the name and address of the food establishment;
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(b) the name of the owner or operator of the food establishment; and
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(c) the registration issuance and expiration date.
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(4)(a) The department may immediately suspend a registration, issued under this section,
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if any of the conditions of registration have been violated.
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(b)(i) The holder of a registration suspended under Subsection (4)(a) may apply for
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the reinstatement of a registration.
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(ii) If the department determines that all registration requirements have been met, the
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department shall reinstate the registration.
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(5)(a) A food establishment, registered under this section, shall allow the department to
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have access to the food establishment to determine if the food establishment is
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complying with the registration requirements.
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(b) If a food establishment denies access for an inspection required under Subsection
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(5)(a), the department may suspend the food establishment's registration until the
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department is allowed access to the food establishment's premises.
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(6)(a) A food establishment shall:
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(i) notify the department as part of the registration or renewal process whether the
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food establishment plans to sell, hold or offer for sale, or distribute a cultivated
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meat product or a plant or insect based meat substitute;
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(ii) permit the department to inspect for compliance with Subsection 4-5-201(3); and
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(iii) pay a fee established in accordance with Subsection 4-2-103(2).
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(b) The department shall retain the fee as a dedicated credit and shall use the fee to
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administer Subsection 4-5-201(3).
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(c) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department may make rules to address notification, inspection, and payment of fees
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under this Subsection (6).
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Section 4. Section 4-5a-103 is amended to read:
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4-5a-103 . Regulation of a direct-to-sale farmers market.
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(1) Except as provided in Subsection (4), a direct-to-sale farmers market selling homemade
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food under this chapter shall:
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(a) display signage indicating to an informed final consumer that the homemade food
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and food products sold by producers at the market have not been certified, licensed,
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regulated, or inspected by state or local authorities; and
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(b) only include products for sale that have not been certified, licensed, regulated, or
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inspected by state or local authorities.
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(2) If the direct-to-sale farmers market is in any way associated with a farmers market as
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defined in [Subsection 4-5-102(6)] Section 4-5-102, the direct-to-sale farmers market
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section selling homemade food under this chapter shall comply with the following
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requirements:
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(a) the direct-to-sale farmers market section shall be separated from the farmers market
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section; and
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(b) the separate direct-to-sale farmers market section shall include signs or other
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markings clearly indicating which space is the farmers market space offering
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inspected items for sale and which space is the direct-to-sale farmers market space
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offering items that are uninspected.
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(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, regarding the signage described in Subsection (1).
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(4) The requirements described in Subsection (1) do not apply to a direct-to-sale farmers
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market comprising only minor producers or minor-operated businesses.
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Section 5. Effective date.
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This bill takes effect on May 7, 2025.
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