§ 53-1-302. State Cooperation With United States Food and Drug Administration. [Effective Until June 30, 2021.]
The department is authorized to cooperate with the administration under the standards. In furtherance of its responsibilities under this part the department may: Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing the standards; Enter into cooperative agreements with the administration to implement provisions of the standards; and Promulgate rules […]
§ 53-1-303. Use of State Funds — Funds Limited to Those Provided to State by Federal Government. [Effective Until June 30, 2021.]
No state funds shall be expended for the purposes of enforcing the standards against agricultural producers that only make sales of produce to: The consumer of the produce; or A restaurant or retail food establishment that is located in this state or not more than two hundred seventy-five (275) miles away from the farm where […]
§ 53-1-304. Repealer. [Effective Until June 30, 2021.]
This part shall cease to be effective on June 30, 2021.
§ 53-1-202. Tagging, Detention, Condemnation and Destruction of Adulterated, Misbranded and Unsafe Products — Correction of Violations
Whenever a duly authorized agent of the commissioner finds, or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, the agent shall affix to the article a tag or other appropriate marking, giving notice that […]
§ 53-1-203. Prosecutions of Violations — Right of Party to Notice and Opportunity to Be Heard
It is the duty of each district attorney general or city attorney to whom the commissioner reports any violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this chapter is reported to any […]
§ 53-1-204. Minor Violations — Written Notice of Warning in Discretion of Commissioner
Nothing in this chapter shall be construed as requiring the commissioner to report for the institution of proceedings under this chapter minor violations of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice of warning.
§ 53-1-205. Promulgation of Reasonable Standards for Food
The commissioner shall promulgate regulations fixing the establishing for any food or class of food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, or reasonable standard of quality or fill of container, whenever in the judgment of the commissioner the promulgation of regulations will promote honesty […]
§ 53-1-206. Contamination of Food With Micro-Organisms — Permit Regulations — Inspections
Whenever the commissioner finds, after investigation, that the distribution in this state of any class of food may, by reason of contamination with micro-organisms during manufacturing, processing or packing of the food in any locality, be injurious to health, and that the injurious nature cannot be adequately determined after the articles have entered commerce, the […]
§ 53-1-207. Authority to Promulgate Regulations — Hearings — Notice
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner. The commissioner is authorized to make regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act. Hearings authorized or required by this chapter shall be conducted by the commissioner or an officer, […]
§ 53-1-208. Inspections — Examination of Specimens
The commissioner or the commissioner’s duly authorized agent shall have free access at all reasonable hours to any factory, warehouse or establishment in which foods, drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold the foods, drugs, devices or […]