4-5-3 - Unlawful acts specified.
4-5-3. Unlawful acts specified.
(1) A person may not:
(a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated ormisbranded;
(b) adulterate or misbrand food;
(c) except as provided in Subsection (2), distribute, in commerce, a consumer commodityinconsistent with the packaging and labeling requirements of this chapter, or the rules madeunder this chapter;
(d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section4-5-9;
(e) disseminate false advertising;
(f) remove or dispose of detained or embargoed food in violation of Section 4-5-5;
(g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in thefood being misbranded or adulterated while the food is for sale;
(h) forge, counterfeit, simulate, or misrepresent a label or information, by theunauthorized use of a mark, stamp, tag, label, or other identification device;
(i) use or reveal a method, process, or information which is protected as a trade secret;
(j) operate a food establishment without a valid registration issued by the department;and
(k) refuse entry to an authorized agent of the department in a food establishment asrequired under Section 4-5-18.
(2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retaildistribution of consumer commodities unless that person:
(a) is engaged in the packaging or labeling of consumer commodities; or
(b) prescribes or specifies the manner in which consumer commodities are packaged orlabeled.
Amended by Chapter 358, 2004 General Session