DAR File No. 32742

Agriculture and Food, Regulatory Services

R70-310

Grade A Pasteurized Milk

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32742
Filed: 06/24/2009, 09:44
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 4-3-2, the Utah Dairy Act. Authority to make and enforce rules, which states: "The Department is authorized and directed, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules as may in its judgment and discretion be necessary to carry out the purposes of the chapter." This rule adopts and incorporates by reference the Recommendations of the United States Public Health Service/Food and Drug Administration (FDA) document, entitled the Grade A Pasteurized Milk Ordinance (PMO). Nationally, this ordinance is required in all states from which dairy products are exported to other states.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments supporting or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

FDA law requires that the PMO, or regulations equal to it, be adopted in order for milk to be shipped interstate. Without these provisions, Utah's milk industry would be severely impacted. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Richard W Clark or Kathleen Mathews at the above address, by phone at 801-538-7150 or 801-538-7103, by FAX at 801-538-7126 or 801-538-7126, or by Internet E-mail at RICHARDWCLARK@utah.gov or kmathews@utah.gov

Authorized by:

Leonard M. Blackham, Commissioner