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Utah House amends agriculture code to clarify food labeling and department authority
Summary
Representatives debated and amended House Bill 140, updating Title 4 agriculture provisions including giving the department authority to subpoena records, removing animal‑drug manufacturing authority, clarifying misbranding rules for foods, and adopting an amendment to limit marketing orders to promotional (not restrictive) uses.
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House Bill 140, an agriculture‑code update introduced by Representative Lee Allen, drew floor attention and at least one substantive amendment on Jan. 15 as lawmakers reviewed changes to the state’s agricultural statutes.
Representative Allen outlined the bill’s major changes: it would grant the Department of Agriculture authority to subpoena records (adding “records” to an existing subpoena authority), modernize advisory-board representation language to reflect industry structure, remove obsolete agency authority over manufacturing of animal drugs and devices (now handled by the state veterinarian and federal entities), strengthen misbranding and labeling provisions to prohibit food labels that imply a food can prevent or cure disease, and lengthen some compliance timelines (for insect‑infestation corrections) from 24 hours to 30 days.
Representative Maxfield proposed and read a pink‑sheet amendment adding a third provision clarifying marketing orders: they should only promote, not restrict or restrain, the marketing of Utah agricultural commodities. Representative Allen accepted the amendment as friendly and the House approved it by voice vote.
Members questioned whether the proposed labeling language would improperly duplicate or conflict with federal rules (for example, FDA rules on health claims) and whether small producers would be disadvantaged if they could not legally make descriptive health claims; sponsors said the bill targets false or misleading claims and intends to give the Department enforcement tools when labels are deceptive.
The amendment was adopted on the floor; the bill remained on the calendar for additional consideration.
