Utah § 4-5-202 - Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.

Full text of Utah Utah Code § 4-5-202 — Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food., with citation guidance and answers to common questions.

§ 4-5-202. Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.

Effective 7/1/2017
4-5-202.  Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.
(1)
(a) When an authorized agent of the department finds or has probable cause to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the agents shall affix to the food a tag or other appropriate marking, giving notice that:
(i) the food is, or is suspected of being, adulterated or misbranded;
(ii) the food has been detained or embargoed; and
(iii) removal of the food is prohibited as provided in Subsection (1)(b).
(b) No person may remove or dispose of detained or embargoed food by sale or otherwise until permission for removal or disposal is given by an agent of the department or the court.
(2)
(a) When food detained or embargoed under Subsection (1) has been found by an agent to be adulterated or misbranded, the department shall petition the district court in whose jurisdiction the food is detained or embargoed for an order of condemnation of the food.
(b) When the agent has found that food so detained or embargoed is not adulterated or misbranded, the department shall remove the tag or other marking.
(3)
(a) If the court finds that detained or embargoed food is adulterated or misbranded, the food shall, after entry of the decree, be destroyed under the supervision of the agent.
(b) If the adulteration or misbranding can be corrected by proper labeling or processing of the food, the court may by order direct that the food be delivered to the claimant for labeling or processing after:
(i) entry of the decree;
(ii) all costs, fees, and expenses have been paid; and
(iii) a sufficient bond, conditioned that the food shall be properly labeled and processed, has been executed.
(c) An agent of the department shall supervise, at the claimant's expense, the labeling or processing of the food.
(d) The bond shall be returned to the claimant of the food upon:
(i) representation to the court by the department that the food is no longer in violation of this chapter; and
(ii) the expenses of supervision have been paid.
(4) If an authorized agent of the department finds in any building or vehicle any perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized agent shall condemn or destroy the food or render it unsalable as human food.


Renumbered and Amended by Chapter 345, 2017 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 4-5-202

What does Utah Code § 4-5-202 cover?

Section 4-5-202 ("Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 4-5-202?

A common citation format is "Utah Code § 4-5-202" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 4-5-202 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.