Section 106 – Enforcement.

• (1) The department shall enforce this chapter.

• (2) A person subject to this chapter shall allow the department access during regular business hours to facilities and records pertinent to activities subject to this chapter.

• (3) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the inspection of farms to ensure compliance with this chapter.

• (4)
  • (a) The department may use an inspection provider or process verification provider to ensure compliance with this chapter.
  • (b) To rely on an inspection provider or process verification provider, the department must approve the specific inspection provider or process verification provider as competent to ensure compliance with this chapter.

• (5)
  • (a) If the department determines that a person subject to this chapter is in violation of a provision of this chapter or a rule adopted under this chapter, the department shall provide the person with a written notice that:
    • (i) describes each violation identified by the department; and
    • (ii) states a reasonable deadline by which the person is required to cure the violation.
  • (b) If a person who receives a notice issued under Subsection (5)(a) does not cure a violation identified in the notice before the deadline stated in the notice, the department may impose a civil fine of $100 per written notice, regardless of the number of violations identified in the notice.
  • (c) If a violation is not cured after the department provides a person with written notice of the violation and a reasonable opportunity to cure, the department may seek a temporary restraining order or permanent injunction to prevent further violation of this chapter.

Enacted by Chapter 323, 2021 General Session