DAR File No. 37247

Agriculture and Food, Animal Industry

Rule R58-19

Compliance Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 37247
Filed: 02/01/2013 02:03:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Department of Agriculture and Food is changing Rule R58-19 to update the rule to bring it in line with the current approved fee schedules.

Summary of the rule or change:

Renumbered subsections to conform to the required rule format. Subsection R58-19-4(3) has the table of fees removed and a reference to the Department fee schedule added.

State statutory or constitutional authorization for this rule:

• Subsection 4-2-2(1)(j)
• Subsection 4-2-2(1)(c)(i)

Anticipated cost or savings to:

the state budget:

Changes to Rule R58-19 will not change the budgetary requirement for the Department of Agriculture and Food since the only change will be the renumbering.

local governments:

Local government will not be affected to the changes to Rule R58-19 since the only change will be the renumbering.

small businesses:

Small businesses will not be affected to the changes to Rule R58-19 since the only change will be the renumbering.

persons other than small businesses, businesses, or local governmental entities:

Small businesses, businesses, or local governments will not be affected to the changes to Rule R58-19 since the only change will be the renumbering.

Compliance costs for affected persons:

There will not be cost to anyone since the only change is renumbering.

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes to Rule R58-19 will have no impact on business. This change is needed to bring the rule into alignment with the current fee schedule. This rule was presented to the Agricultural Advisory Board on 01/22/2013 and approved.

Leonard M. Blackham, Commissioner

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

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov
• Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-19. Compliance Procedures.

R58-19-1. Authority.

This rule is promulgated by the Division of Animal Industry (Division), within the Department of Agriculture and Food (Department) under authority of Section 4-2-2(1)(j).

 

R58-19-2. Definition of Terms.

( 1[A]) An Emergency Order means a written action by the Division, which is issued to a person, as a result of information that is known by the Division, which identifies an immediate and significant danger to the public's health, animal health, safety or welfare, and warrants prompt action pursuant to Section 63G-4-502.

Emergency orders include: "quarantine", "seized", "Utah Inspection and Condemned", "sealed", "reject", "retain", "denatured", "detained", and "suspect", and may be issued when division action is warranted to stop the sale of a product, or halt an immediate condition or service from occurring, pursuant to Sections 4-32-7, 4-32-16, 4-32-17, 4-31-17, 4-39-107, and 9 CFR-III 303.1 through 381.207.

( 2[B]) A Citation means a lawful notice, issued by the division, which is intended to immediately remedy a violation of agricultural statutes or rules by a person, business, operator, etc. Pursuant to Section 4-2-15, a citation may include a penalty assessment, or provide for a fine to take effect within a stated time period.

 

R58-19-3. Emergency Order.

(1) The Division may issue an emergency order when it determines that there is an immediate and significant danger to public health, animal health, safety or welfare may be issued to secure the well-being, safety, or removal of danger to state citizens.

(2) Orders are intended to protect the public from unlawful agricultural and food products and services.

(3) When an emergency order is justified, and conditions warrant immediate action by the Division, it shall:

(a) Promptly issue a written order[,] that includes the following information:

( i[1]) name, street address, city, state, zip-code, phone-number, and title or position of the person being given the order, or name, street-address, city, state, zip-code, phone-number of the business, organization, corporation, firm, limited liability company, etc., and the name and title or position of the person in the business or organization to whom the order is given.

( ii[2]) a brief statement of findings of fact as determined by the division,

( iii[3]) references to statutes or administrative rules violated,

( iv[4]) the reasons for issuance of the emergency order,

( v[5]) the signature of the agency representative, and

( vi[6]) a space/line for the signature of the person (a signature is not required if the person refuses).

(4) This order shall be written and no product, condition, or service subject to the order shall be released, except upon the subsequent written release by the department.

 

R58-19-4. Citation.

(1) The Commissioner or persons designated by the Commissioner, may enforce this rule by the issuance of a citation for violation, in order to secure subsequent payments of fines or the imposition of penalties:

(a) The citation will include the following information:

( i[1]) name, street address, city, state, zip-code, phone-number, and title or position of the person being given the order, or name, street-address, city, state, zip-code, phone-number of the business, organization, corporation, firm, limited liability company, etc., and the name and title or position of the person in the business or organization to whom the order is given.

( ii[2]) references to the statutes or rules violated,

( iii[3]) a brief statement to the findings of fact as determined by the division,

( iv[4]) a penalty or fine amount,

( v[5]) the signature of the agency representative,

( vi[6]) a space or line for the signature of the person (a signature is not required if the person refuses),

( vii[7]) a statement to the effect that a person is allowed to request an administrative hearing if the person feels that a citation was not warranted.

(2) Fine or penalty amounts will be set by the D[d]epartment or the D[d]ivision, under the direction of the C[c]ommissioner, for amounts up to $5,000 per violation, or if the citation involves a criminal proceeding, the person may be found guilty of a class B misdemeanor.

(3) In accordance with Section 4-2-15, fine or penalty amounts shall be determined according to the [following:]approved Department fee schedule.

 

[TABLE
Penalty Amounts

  
       1      Citation per violation        $100
       2      Citation per head              $2
       (If not paid within 15 days, 2 times citation amount)
       (If not paid within 30 days, 4 times citation amount)

 

]R58-19-5. Request for Hearing.

When any order or citation, as defined above, is issued, the person being charged with the violation may elect to file, within allowable time limits, a request for the D[d]epartment to schedule an informal Administrative Hearing in accordance with the provisions of Section 4-1-3.5.

 

KEY: agricultural law

Date of Enactment or Last Substantive Amendment: [February 12, 2002]2013

Notice of Continuation: January 18, 2012

Authorizing, and Implemented or Interpreted Law: 4-2-2(1)(j)