Agriculture and Food, Regulatory Services

Rule R70-440

Egg Products Inspection

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33071
Filed: 10/21/2009 08:50:25 AM

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:

Section 4-4-2 gives the Department the authority to make and enforce rules. The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules as in its judgment are necessary to administer and enforce this chapter. The statute enables the Department to regulate eggs in Utah. Specifically, the Department grades the quality of the eggs for market.

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 written comments have been received on this rule since the last review.

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

The Department is able to provide grading services to Utah's egg industry far cheaper than can the USDA. In order for the Department to provide the service, the rule must be in place. 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:

Direct questions regarding this rule to:

• Richard Clark at the above address, by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at richardwclark@utah.gov

Effective:

10/21/2009

Authorized by:

Leonard Blackham, Commissioner