This article 77 is adopted by the general assembly with the intention that the commissioner will implement and enforce 21 CFR 112, concerning produce safety, under a cooperative agreement with the FDA, and in lieu of federal enforcement by the FDA. The commissioner may seek to enter into a cooperative agreement with the FDA whereby […]
As used in this article 77, unless the context otherwise requires: “Commissioner” means the commissioner of agriculture. “Covered activity” has the same meaning as set forth in 21 CFR 112.3. “Department” means the department of agriculture. “Farm” has the same meaning as set forth in 21 CFR 112.3. “FDA” means the United States food and […]
The commissioner may seek, accept, and expend federal money for the purposes of this article 77. The commissioner may enter into a cooperative agreement with the FDA to implement 21 CFR 112 under state law and to seek federal money. If the commissioner does not receive adequate money under subsection (1) of this section to […]
Except as provided in section 35-77-103, a farm, including a farm that is incorporated into another business, shall register with the commissioner if the farm conducts covered activity and the produce sold during the previous three years by the farm has an average annual monetary value of more than twenty-five thousand dollars, as adjusted for […]
The commissioner shall promulgate rules adopting 21 CFR 112 for produce safety standards for farms. Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 271, § 2, effective August 2.
The commissioner may: Adopt any rule reasonably necessary to implement this article 77; and Administer and enforce this article 77 and any rules adopted under this article 77. In accordance with article 4 of title 24, the commissioner shall conduct hearings required by this article 77 and, at the commissioner’s discretion, use administrative law judges […]
The commissioner may close to public inspection investigations, complaints of record, and farm records; except that: The person in interest, as defined in section 24-72-202, may access these records; or The records may be accessed in accordance with a court order. During regular business hours, a farm shall give the commissioner access, upon the commissioner […]
The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that: A person is violating this article 77 or a rule adopted under this article 77; or A person is violating section 35-77-104. To issue a cease-and-desist order, the commissioner must set […]
Unless authorized by law, it is unlawful for any person to: Refuse to comply with a cease-and-desist order issued under section 35-77-108; or Make a material misstatement in a registration or to the commissioner or the department during an official investigation. It is unlawful for an employee, official of the department, or person designated by […]
A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner. To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of harm caused by the violation, the presence or absence of a pattern […]
This article 77 is repealed, effective September 1, 2034. Before the repeal, this article 77 is scheduled for review in accordance with section 24-34-104. This article 77 will be repealed if the commissioner promulgates a rule providing public notice that this article 77 is not being implemented. The commissioner shall notify the revisor of statutes […]
