Utah Admin. Code R70-590-11 - Unlawful Acts; Penalties

1) A person who commits any of the following acts is in violation of Title 4, Chapter 32a, Domesticated Game Slaughter and Processing, and is subject to action by the department provided for in Title 4, Chapter 2, Part 3, Enforcement and Penalties:

a) operates in a faulty, careless, or negligent manner that poses a threat to public health or safety;

b) refuses or neglects to comply with any limitation or restriction required by a department issued license or permit;

c) refuses or neglects to comply with any sanitation requirement;

d) refuses or neglects to comply with any slaughtering procedure requirement;

e) refuses or neglects to comply with, or interferes with, a withholding action or suspension issued by the department;

f) fails to handle, or interferes with the handling of, a condemned domesticated game carcass and parts as required;

g) fails to retain a domesticated game carcass and parts as required;

h) refuses or neglects to keep and maintain records required by these rules, or to make reports when and as required;

i) refuses or neglects to comply with any finished product labeling requirement;

j) interferes with an antemortem inspection or postmortem inspection;

k) slaughters a domesticated game animal without a Brand Inspection Certificate when required;

l) makes a false, fictitious, or fraudulent claim, written or spoken, misrepresenting the methods, practices, or procedures utilized for domesticated game slaughter or processing;

m) makes a false or fraudulent record, invoice, or report;

n) engages in the business of, advertises for, or holds himself out as a domesticated game slaughter or processing business without having a valid farm custom slaughter license and domesticated game slaughter and processing registration;

o) uses fraud or misrepresentation in making application for a registration, license, permit, or certification, or renewal;

p) aids or abets a licensed or an unlicensed person to evade the provisions of Title 4 Chapter 32a, Domesticated Game Slaughter and Processing, conspires with a licensed or an unlicensed person to evade the provisions of the Chapter, allows their license or permit to be used by another person; or

q) neglects or, after notice, refuses to comply with any other provisions of Title 4 Chapter 32a, these rules, or any lawful order of the department.

2) Penalties. A person who has committed an act that constitutes a violation under this section is subject to the following fines:

a) Public safety violations. $3,000 - $5,000 per violation for an unlawful act that present a direct threat to public health or safety, including the violations in Subsection R70-640-11(1)(a) -(g) and (1)(q) when applicable;

b) Regulatory Violations. $1,000 - $5,000 per violation for an unlawful act that does not present a direct threat to public health or safety or constitute a license violation but are still violations of these rules, including the violations in Subsection R70-640-11(1)(h) -(m) and (1)(q) when applicable;

c) Licensing Violations. $500 - $5,000 per violation for an unlawful act that violates licensing or registration requirements, including the violations in Subsection R70-640-11(1)(n) through Subsection R70-640-11(1)(p) and Subsection R70-640-11(1)(q) when applicable.

3) The department shall calculate each penalty based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

4) The department may enhance or reduce the penalty based on the seriousness of the violation..

Notes

Utah Admin. Code R70-590-11

Adopted by Utah State Bulletin Number 2021-12, effective 6/4/2021