Section 110 – Growing or storing food for personal or family use.

• (1) As used in this section, “family food” means food owned by an individual that is intended for the individual’s consumption, or for consumption by members of the individual’s immediate family, that:
  • (a) is legal for human consumption;
  • (b) is lawfully possessed; and
  • (c) poses no risk:
    • (i) to health;
    • (ii) of spreading plant pest infestation; or
    • (iii) of spreading agricultural disease.

• (2) Family food that is grown by an individual on the individual’s property is not subject to local or federal regulation if growth of the family food:
  • (a) does not negatively impact the rights of adjoining property owners; and
  • (b) complies with the food safety requirements of this title.

• (3) A government entity may not confiscate family food described in Subsection (2) or family food that is stored by the owner in the owner’s home or dwelling.

• (4)
  • (a) If any provision of this section or the application of any provision of this section to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this section shall be given effect without the invalid provision or application.
  • (b) The provisions of this section are severable.

Amended by Chapter 326, 2020 General Session