Utah Office of Administrative Rules

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Readopt

Filing ID: 58210

Rule or section number:

R70-330

1. Agency Information

Title catchline:

Agriculture and Food, Regulatory Services

Building:

Taylorsville State Office Buildings, South Bldg, Floor 2

Street address:

4315 S 2700 W

City, state:

Taylorsville, UT

Mailing address:

PO Box 146500

City, state and zip:

Salt Lake City, UT 84114-6500

2. Contact Persons

Name:

Phone:

Email:

Amber Brown

385-245-5222

Ambermbrown@Utah.gov

Camille Knudson

801-597-6010

camillek@Utah.gov

Travis Waller

801-982-2200

Twaller@Utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R70-330. Raw Milk for Retail

B. Purpose of the new rule or reason for the change:

In the 2026 General Session, the Utah Legislature passed HB 179 , Milk Amendments, which repealed Section 4-3-503 and enacted Part 6 under Title 4, Chapter 3 of the Utah Dairy Act.

HB 179 (2026) significantly restructured the statutory framework governing raw milk production, testing, labeling, off-premises retail sales, and small-producer exemptions.

This rulemaking is necessary to repeal and adopt Rule R70-330 to align it with new statutory mandates, clarify operational and sanitation standards for permitted producers, and eliminate redundant provisions that codified with HB 179 (2026).

C. Summary of the new rule or change:

Due to the significant statute changes resulting in revising this rule, the Department of Agriculture and Food (department) is filing the changes as a repeal and readopt.

The majority of the changes were removing redundant information from this rule because it was found in the statute per HB 179 (2026) and rewriting the remaining requirements to align with the Rulewriting Manual for Utah.

The specific changes include rewriting Sections R70-330-4, R70-330-5, R70-330-8, and R70-330-10 to use active voice and the present tense.

Section R70-330-3 clarifies the process and inspection requirements for obtaining a raw milk permit.

Section R70-330-6 defines criteria for certified third-party testing laboratories and outlines the department's authority to mandate additional testing for somatic cell counts and antibiotic residues.

Section R70-330-7 clarifies the department's inspection authority, explicitly covering annual facility audits and unannounced cooler checks.

Section R70-330-9 establishes a standardized 12-month record-retention schedule for all essential documentation, including batch logs, testing results, herd health certificates, and water potability tests.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

HB 179 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule imposes no additional fiscal impact on the state budget, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

B. Local governments:

There will be no fiscal impact on local governments, as this program is managed at the state level, consistent with the findings in the fiscal notes for HB 179 (2026).

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule imposes no additional fiscal impact on small businesses, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule imposes no additional fiscal impact on non-small businesses, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule imposes no additional fiscal impact on other persons, as all costs and revenues were accounted for in the fiscal note for HB 179 (2026).

F. Compliance costs for affected persons:

The compliance costs are not changing for this program.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 4-3-607

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

10/15/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

10/22/2026

13. Agency Authorization Information

Agency head or

designee and title:

Kelly Pehrson, Commissioner

Date:

09/01/2026

R70. Agriculture and Food, Regulatory Services.

[R70-330. Raw Milk for Retail.

R70-330-1. Purpose and Authority.

(1) Promulgated under the authority of Section 4-3-201.

(2) Pursuant to Section 4-3-503, this rule establishes the Raw Milk for Retail Program and the requirements for the manufacture,

production, distribution, holding, delivery, storage, offering for sale, and sale of raw milk for retail.

R70-330-2. Definitions.

(1) "Department" means the Utah Department of Agriculture and Food.

(2) "Milk" means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy

hoofed animals.

(3) "PMO" means the 2019 revision of the Grade "A" Pasteurized Milk Ordinance published by the U.S. Public Health Service and U.S.

Food and Drug Administration, which is incorporated by reference.

(4) "Properly staffed" means a person on the premise available to sell milk, exchange money, and lock and secure the retail store.

(5) "Raw milk" means unpasteurized milk.

(6) "Raw milk product" means any product produced from raw milk.

R70-330-3. Permits.

(1) Any person who manufactures, distributes, sells, delivers, holds, stores, or offers for sale raw milk and raw milk products in Utah shall

have a permit issued by the department.

(2) The permit shall be suspended if this rule or applicable sections of Title 4, Chapter 3, the Utah Dairy Act are violated.

R70-330-4. Building and Premises Requirements.

(1) Permittees shall follow the building requirements in the PMO.

(2) Permitted facilities shall have separate rooms that meet or exceed the construction standards in the PMO for a milkhouse for:

(a) the packaging and sealing of raw milk and raw milk products;

(b) the washing of returned multi-use containers; and

(3) Animals are restricted from the milkhouse

(4) Animals that are not used for the production of milk shall be restricted from the following:

(a) milk barn;

(b) areas immediately surrounding the milkhouse and milk barns;

(d) areas where milk customers are located.

R70-330-5. Sanitation and Operating Requirements.

(1) Permitted facilities shall follow the sanitation and operation requirements of the PMO for a dairy farm producing milk for

pasteurization. Milk packaging areas and container washing areas at the raw milk facilities shall meet the requirements in the PMO for a pasteurized

milk processing plant.

(2) Milk not handled in a manner required by this rule is considered adulterated and may not be sold.

(3) Raw milk used to produce a raw milk product shall be:

(a) cooled to 50 degrees Fahrenheit (F) or less within one hour after being drawn from the animal;

(b) further cooled to 41 degrees F or less within two hours of being drawn from the animal; and

(c) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is delivered to the consumer or used to produce the raw

milk product.

(d) The blend temperature after the first milking and subsequent milkings may not exceed 50 degrees F.

(4) Any raw for retail farm bulk milk tanks put into use on or after August 7, 2007, shall be equipped with an approved temperature-

recording device, in addition to the indicating thermometer. Daily temperature logs shall be maintained for bulk milk tanks in use before August 7,

2007.

(5) The recording thermometer shall be:

(a) in compliance with the current technical specification in the PMO;

(b) operated continuously;

(d) installed near the milk storage tank; and

(e) accessible to the department.

(5) Recording thermometer charts shall:

(a) properly identify the permittee, date, and signature of the person removing the chart;

(b) be maintained on the premises for at least six months and available to the department; and

(6) The temperature of the milk when bottling may not exceed 41 degrees F.

(7) The sale and delivery of raw milk and raw milk products shall be made on the premise where the milk is produced and packaged, or at

a self-owned, properly staffed, retail store.

(a) Sanitation and construction requirements of the facilities used as self-owned, retail stores shall be those contained in Title 4, Chapter 5,

the Wholesome Food Act.

(b) The permittee shall transport raw milk or raw milk products with no intervening storage, change of ownership, or loss of physical

control.

(i) The temperature of the milk shall be maintained at 41 degrees F or below.

(ii) Each display case shall have a properly calibrated thermometer, and a daily temperature log shall be maintained and accessible to the

department.

(8) Raw milk brick cheese, when held at no less than 35 degrees F for 60 days or longer, may be sold at retail stores or for wholesale

distribution, at locations other than the premise where the milk was produced.

(9) Except as provided in this rule, products made from raw milk are not be allowed for sale in Utah.

(10) Milk that has been heat treated, may not be labeled as "Raw Milk" for retail sale.

(11) Pursuant to Title 4, Chapter 5, the Wholesome Food Act, each self-owned retail store that sells raw milk or raw milk products shall be

inspected by the department no less than four times per year.

(12) Pursuant to Section 63J-1-504, the department shall establish and collect a fee for the inspections required by this rule. The fees shall

be retained as dedicated credits and may be used to administer and enforce the Raw Milk for Retail Program.

R70-330-6. Bacteriological Standards.

(1) The bacterial standards for raw milk shall be a bacterial count of no more than 20,000 per milliliter (mL) and a coliform count of no

more than 10 per mL.

(2) The department shall suspend a permit issued under Section 4-3-301 if two out of four consecutive samples or two samples in a 30-day

period violate the sample limits established in this rule.

(3) If bacterial test results for a sample show results outside of those allowed in Subsection R70-330-6(1), the sample shall be tested for

pathogens based on product type as outlined in Table 1.

TABLE 1

Required Pathogen Testing

Raw Milk and Raw Cream

Raw Cheese

Listeria Monocytogenes

E. Coli 0157:H7

STEC

Salmonella

Campylobacter jejuni

R70-330-7. Raw Milk for Retail Testing.

(1) Unpackaged raw milk

(a) The department shall:

(i) collect a representative sample of milk from each raw for retail farm bulk tank once each month;

(ii) deliver each sample to the state dairy testing laboratory; and

(iii) administer tests including those prescribed for raw milk for pasteurization as found in the PMO.

(b) The somatic cell count in unpackaged raw milk for retail may not exceed 400,000 cells per mL for cows, and not exceed 1,500,000

cells per mL for goats.

(2) Packaged raw milk sold on premise

(a) The department shall:

(i) collect a representative sample of packaged raw milk once each month;

(ii) deliver samples to the state dairy testing laboratory or a certified independent laboratory that is included in the list of Interstate Milk

Shippers (IMS) maintained by the U.S Food and Drug Administration; and

(iii) ensure testing includes those tests prescribed for grade "A" pasteurized milk as found in the PMO.

(b) A copy of any third-party test results shall be sent to the department.

(3) Packaged raw milk sold at self-owned retail stores

(a) The producer shall:

(i) allow a department certified sampler to collect a sample from each batch of milk;

(ii) submit the sample to the state dairy testing laboratory or a certified independent laboratory that is included in the IMS to be tested for

antibiotic drug residue, standard plate count and coliform count; and

(iii) withhold any milk from the sampled batch from sale until the results of the tests are known.

(b) A copy of any third-party test results shall be sent to the department.

(i) not allow the milk to enter commerce;

(ii) recall any milk from the failed batch already in commerce; and

(iii) dispose of the milk in a manner agreeable to the department.

(d) The producer shall keep and make available to both the department and the Utah Department of Health and Human Services a database

of any customers, which shall include:

(i) names;

(ii) addresses;

(iii) telephone numbers of customers;

(iv) dates of purchases; and

(v) amounts of milk purchased.

(e) If another agency's epidemiological investigation finds probable cause to implicate a raw for retail dairy in a milk borne illness

outbreak, the raw for retail permit may be suspended by the department until a time as milk samples are pathogen free when analyzed by the

department or other department approved testing laboratories, and until an inspection can be performed at the facility by a compliance officer from

the department.

(4) If three out of five samples fail to meet the standard established in this rule in a 5-month period, the department shall suspend the raw

for retail permit.

(a) The suspension shall remain effective until a sample result meets the standard.

(b) A temporary permit shall be issued when the sample result meets the standard.

(d) Full reinstatement will require an inspection by the department, which cost will be the permittee's responsibility.

(5) If the sample tests are positive for any pathogen, the raw for retail permit shall be immediately suspended. The permit may be

reinstated following negative testing for any pathogens associated with the product type, as set forth in Table 1.

(6) The producer is responsible for the cost of any testing and retesting, including applicable shipping fees.

(7) Pursuant to Section 63J-1-504, the department shall establish and collect a fee for the tests this rule requires. The fees shall be retained

as dedicated credits and may be used to administer and enforce the Raw Milk for Retail Program.

R70-330-8. Animal Health.

(1) Testing shall be needed in the event that the United States Department of Agriculture Animal and Plant Health Inspection Service

(USDA/APHIS) has determined that Utah is not "Certified Free" of zoonotic disease.

(a) Tests shall be conducted in the following manner:

(i) each animal shall be examined by a veterinarian before inclusion in a raw milk supply;

(ii) examination by veterinarians shall be conducted every six months;

(iii) each animal in the herd must be positively identified as an individual;

(iv) the examination shall include an examination of the milk by a method recommended by the PMO; and

(v) the test shall include a statement of the udder health of each animal, and a general systemic health evaluation.

(b) Tuberculosis tests shall be conducted in the following manner:

(i) each animal shall have been tested for tuberculosis within 60 days before the beginning of milk production;

(ii) each animal shall be retested for tuberculosis once each year; and

(iii) each positive reacting animal shall be sent to slaughter in accordance with Rule R58-11.

(c) Each bovine animal from which raw milk for retail is produced shall be positively identified as a properly vaccinated animal or shall be

negative to the official blood test for brucellosis within 30 days before the beginning of each lactation.

(i) Each positively reacting animal shall be sent to slaughter in accordance with Rule R58-11.

(ii) Goats and sheep shall be tested once each year for brucellosis with the official blood test and each positively reacting animal shall be

sent to slaughter in accordance with Rule R58-11.

(2) Each bulk tank shall be tested at least four times yearly with the brucella milk ring test.

(a) If the brucella ring test is positive for brucellosis, each animal in the herd shall be tested with the official blood test and any reactors

found shall be immediately sent to slaughter in accordance with Rule R58-11.

(3) This section shall not apply if the state veterinarian has determined that an animal species in Utah which is milked for human or animal

consumption is not at risk for a specific zoonotic disease.

R70-330-9. Personnel Health.

(1) Each employee of a dairy involved in a milk handling operation shall get a valid medical examination health card signed by a physician

and approved by the department once each year and shall hold a valid food handler's permit.

(2) No person shall work in a milk handling operation if infected from any contagious illness or if they have on their hands or arms any

exposed infected cut or lesion.

(3) The department may ask for an additional certification from a physician that a person is free from disease that may be transmitted by

milk.

R70-330-10. Packaging and Labeling.

(1) Each raw milk for retail product label shall meet the requirements outlined in Title 4, Chapter 3, the Utah Dairy Act.

(2) Containers for raw milk for retail products shall be furnished by the permittee and shall be labeled with the following:

(a) marked as "Raw Milk" without grade designation;

(b) if the product is other than cow's milk, the word "milk" shall be preceded with the name of the animal, "Raw Goat Milk" for example;

(d) volume of the product;

(e) the phrase: "Raw milk, no matter how carefully produced, may be unsafe", the height of the smallest letter shall be no less than one-

eighth inch;

(f) the phrase: "Keep Refrigerated", the height of the smallest letter no less than one-eighth inch; and

(g) the words "raw" and "milk" shall be the same size lettering.

(3) Products not labeled as required are considered misbranded.

R70-330-11. Limitations on Raw Milk Distribution.

(1) Raw milk distribution to the public for human consumption is limited to the following circumstances:

(a) raw milk sold by a permittee on their farm ; and

(b) raw milk products sold by a permittee at a self-owned off-premise retail store.

(2) The giving away of raw milk or raw milk product samples to the public is prohibited.

R70-330-12. Penalty-Sale of Raw Milk Without a Permit.

If a permittee is selling raw milk products without a permit issued by the department, the department may impose the following

administrative penalties, pursuant to Subsections 4-2-304(1)(a) and 4-3-401(2):

(1) for the first violation, a penalty of at most $300;

(2) for the second violation, a penalty of at most $750;

(3) for the third violation, a penalty of at most $1,500; and

(4) for the fourth or subsequent violation, a penalty of, at most, $5,000.]

R70-330. Raw Milk Permitting and Operational Standards.

R70-330-1. Purpose and Authority.

(1) The department enacts this rule under Section 4-3-607.

(2) This rule establishes administrative, operational, sanitation, packaging, labeling, and product standards for a producer holding or

seeking a permit to produce, process, or distribute raw milk or a raw milk product.

R70-330-2. Definitions.

Terms used in this rule mean as defined in Section 4-3-601.

R70-330-3. Permits.

(1) An applicant shall submit a completed permit application on a department-provided form at least 30 days before selling raw milk.

(2) The department shall inspect the applicant's premises to verify compliance with this rule before issuing a permit under Section 4-3-301.

(3) A permittee may not transfer a permit to another person or location.

R70-330-4. Building and Premises Requirements.

(1) A producer shall maintain a facility structured to minimize milk contamination.

(2) A producer shall construct three separate, clean, enclosed rooms dedicated to:

(a) milking;

(b) packaging or sealing; and

(3) A producer shall provide a designated, sanitary area for cleaning, sanitizing, and storing multi-use milk containers.

(4) A producer shall physically separate any retail sales area from rooms or areas where animals are milked, or milk is handled or

processed.

(5) A producer shall ensure that all milk-handling areas:

(a) feature smooth, non-absorbent, and easily cleanable floors and walls;

(b) remain free of dust, debris, and unnecessary equipment; and

(6) A producer shall:

(a) manage and drain livestock environments, including paddocks and shelters to remain clean;

(b) implement time or space separation to ensure that poultry, swine, or other livestock do not enter milking or milk-handling areas;

(d) ensure that the immediate perimeter surrounding the milkhouse and milking areas is free of stagnant water, accumulated manure, and

excessive mud.

(7) A producer shall use a water supply that the producer tests annually for potability and maintains free of environmental contamination.

R70-330-5. Sanitation, Operating, and Bulk Milk Tank Requirements.

(1) A producer shall implement a sanitation routine that prevents the adulteration of raw milk.

(2) A producer shall clean and sanitize all milk-contact surfaces, milking equipment, transfer lines, and bulk tanks after each use.

(3) A producer shall use food-grade cleaning agents according to manufacturer specifications.

(4) A producer shall maintain a sanitization log on the premises that records the date, time, and method used for equipment cleaning.

(5) Before milking, a producer shall:

(a) keep udders and teats visibly clean, dry, and free of manure or mud; and

(b) wipe teats with a single-use sanitizing cloth or paper towel.

(6) A producer shall apply a department-approved post-milking teat dip immediately after milking.

(7) A producer shall ensure that personnel wear clean attire and use sanitized milk-handling tools during operation.

(8) A producer shall ensure that bulk milk tanks:

(a) consist of stainless steel or other approved non-absorbent, corrosion-resistant material;

(b) feature tight-fitting covers and sanitary outlets;

(c) include a department-approved temperature-recording device for tanks put into service on or after August 7, 2007; and

(d) maintain temperature-recording charts for at least six months, which includes:

(i) the date;

(ii) the producer's name; and

(iii) the signature of the individual who reviewed and verified the recorded temperature.

R70-330-6. Additional Tests and Use of Third-Party Testing Laboratories.

(1) A producer using a third-party laboratory to satisfy the requirements of Section 4-3-602 shall ensure the laboratory:

(a) holds a current certification from the department;

(b) holds ISO/IEC 17025 accreditation for microbiological testing of food or dairy products; or

(2) In addition to batch bacterial and coliform counts, the department may require a producer to test for somatic cell count or antibiotic

residues.

R70-330-7. Frequency of Inspections Including Random Cooler Checks.

(1) The department shall annually inspect each permitted production facility, as well as any mobile units utilized by the producer,

designated agents, or third-party vendors for raw milk distribution.

(2)(a) In accordance with Section 4-3-203, the department may conduct random inspections at reasonable times and places to ensure

compliance with Title 4, Chapter 3, Utah Dairy Act, and this rule.

(b) Random inspections may include unannounced checks of mobile units and retail display cases to verify refrigeration standards.

(3) A producer shall grant the department access to all milk-handling areas, records, and temperature logs during regular business hours.

(4) A permittee shall pay any inspection or testing fee established by the department under Subsection 4-3-607(2) and Section 63J-1-504.

(5) A producer who relies on a designated agent or third-party vendor for transport shall maintain an active manifest that includes vehicle

identification, transport routes, and designated handlers for department review.

R70-330-8. Animal Health.

(1) A producer shall mark each animal in a raw milk production herd with an official animal identification tag or microchip.

(2) A producer shall ensure that a licensed veterinarian examines each herd animal for general systemic health and udder health:

(a) before adding the animal to the milking herd; and

(b) at least once every six months thereafter.

(3) A producer shall maintain official veterinary inspection certificates and disease testing records on the premises in accordance with

Section R70-330-9.

(4) A producer shall immediately remove an animal from the milking herd if the animal exhibits clinical signs of disease, mastitis, or if the

animal tests positive for a contagious or zoonotic disease.

R70-330-9. Recordkeeping.

(1) A producer shall maintain the following records on the premises for at least 12 months:

(a) daily batch production and distribution logs;

(b) test results for each batch showing compliance with Subsection 4-3-602(2)(i);

(d) water supply safety test results.

(2) A producer shall make required records available to department personnel upon request during regular business hours.

R70-330-10. Packaging and Labeling.

(1) A producer shall package raw milk and raw milk products in clean, sanitary, and food-grade containers.

(2) A producer shall package:

(a) raw milk in containers of one gallon or less; and

(b) raw milk products in containers or packages of five gallons or less.

(3) Under Subsection 4-3-604(2)(d), a producer shall cap each container of raw milk or raw milk product with a black cap.

(4) In addition to the requirements of Section 4-3-604 and 21 CFR Part 101, a producer shall ensure container labels display:

(a) the species of animal producing the milk, such as "Raw Goat Milk" or "Raw Sheep Milk", if the product is derived from an animal

other than a cow;

(b) handling instructions stating "Keep Refrigerated"; and

R70-330-11. Standards of Identity and Product Standards.

(1) Raw milk products shall conform to product standards under 21 CFR Parts 131, 133, and 135, except that the producer shall

manufacture the product without pasteurization.

(2) A producer shall manufacture raw butter to contain at least 80% milkfat by weight.

(3) A producer shall ensure raw milk and raw milk products comply with Chapter 5, Utah Wholesome Food Act, and applicable rules

governing food establishments.

(4) A producer may not offer for sale, distribute, or hold raw milk or a raw milk product that is adulterated, which occurs if the raw milk or

a raw milk product:

(a) contains added water, antibiotic residues, or unauthorized chemicals;

(b) exceeds somatic cell count standards;

(d) contacts equipment that is not clean and sanitized.

(5) A producer may not label or represent a product as "raw milk" or a "raw milk product" unless it is:

(a) produced under a valid permit issued by the department; or

(b) meets the exemption requirements listed in Section 4-3-608 or 4-3-609.

(6) The department may issue an order to remove from sale any raw milk or raw milk product that is misbranded or adulterated.

KEY: dairy inspections, raw milk, raw milk products, permits, labeling

Date of Last Change: 2026[August 1, 2023]

Notice of Continuation: January 8, 2026

Authorizing, and Implemented or Interpreted Law: 4-3-201

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Rule 330: Raw Milk for Retail