DAR File No. 38315
This rule was published in the March 15, 2014, issue (Vol. 2014, No. 6) of the Utah State Bulletin.
Agriculture and Food, Regulatory Services
Grading and Inspection of Shell Eggs with Standard Grade and Weight Classes
Notice of Proposed Rule
DAR File No.: 38315
Filed: 02/26/2014 10:40:31 AM
Purpose of the rule or reason for the change:
This proposed rule makes permanent the provisions of an emergency version of this rule that went into effect on 11/15/2013.
Summary of the rule or change:
The emergency rule included language to include small egg producers. The language was changed to make it more clear of which sections apply to large producers and which sections apply to small egg producers with less than 3,000 laying hens. The definitions area was cleaned up. Registration and Licensing areas needed to be modified to be in accordance with the Department's fee schedule approved by the legislature. Non-required areas of the egg quality assurance plan were removed as there were voluntary guidelines rather than required item. (DAR NOTE: The 120-day (emergency) filing on Rule R70-410 is under DAR No. 38142 in the December 1, 2013, issue of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Subsection 63G-3-102(5)
Anticipated cost or savings to:
the state budget:
There are no cost or saving to the rule beyond the emergency rule.
Local government is not affected by this rule amendment because local government does not regulate shell eggs.
Small business will not be affected beyond the costs of the emergency rule.
persons other than small businesses, businesses, or local governmental entities:
No businesses or local government entities will be affected by the changes in this rule beyond the costs of the emergency rule. The changes were in regards to language and formatting. These changes will not affect the fiscal impact of any business or government.
Compliance costs for affected persons:
The changes were in regards to language and formatting. These changes will not affect the fiscal impact of any business beyond the costs of the emergency rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
The amendment to this rule includes minor revisions to the 120-day emergency rule. Most of the changes were in regards to language and formatting. These changes will not affect the fiscal impact of any business.
LuAnn Adams, 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
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 email@example.com
- Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org
- Noel Schvaneveldt at the above address, by phone at 801-538-7108, by FAX at 801-538-7124, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
LuAnn Adams, Commissioner
R70. Agriculture and Food, Regulatory Services.
R70-410. Grading and Inspection of Shell Eggs with Standard Grade and Weight Classes.
A.] Promulgated under authority of Section 4-4-2.
B.] Adopt by reference: The Utah Department of Agriculture and Food hereby adopts and incorporates by reference the applicable provisions of the regulations issued by the United States Department of Agriculture for grading and inspection of shell eggs and the Standards, 7 CFR Part 56, January 1, 2005 edition, 21 CFR, 1 through 200, April 1, 2003 edition; 9 CFR 590, January 1, 2005 edition; and 7 CFR 59, January 1, 2005 edition.
R70-410-2. Handling and Disposition of Restricted Eggs.
Restricted eggs shall be disposed of by one of the following methods at point and time of segregation:
A.] Checks and dirties must be shipped to an official egg breaking plant for further processing to egg products. Dirties may be shipped to a shell egg plant for cleaning. Checks and dirties may not be sold to restaurants, bakeries and food manufacturers, not to consumers, unless such sales are specifically exempted by Section 15 of the Federal Egg Products Inspection Act and not prohibited by State Law.
B.] Leakers, loss and inedible eggs must be destroyed for human food purposes at the grading station or point of segregation by one of the methods listed below:
1.] Discarded and intermingled with refuse such as shells, papers, trash, etc.
2.] Processed into an industrial product or animal food at the grading station.
3.] Denatured or [ decharacterized]with an approved denaturant. (Such product shipped under government supervision and received under government supervision at a plant making industrial products or animal food need not be denatured or [ decharacterized]prior to shipment.)
4.] Leakers, loss and inedible eggs may be shipped in shell form provided they are properly labeled and denatured by adding FD and C color to the shell or by applying a substance that will penetrate the shell and [ decharacterize]the egg meat.
C.] Incubator rejects (eggs which have been subjected to incubation) may not be moved in shell form and must be crushed and denatured or [ decharacterized]at point and time of removal from incubation.
D.] Blood type loss which has not diffused into the albumen may be moved to an official egg products plant in shell form without adding FD and C color to the shell provided they are properly labeled and moved directly to the egg products plant.
E.] Containers used for eggs not intended for human consumption must be labeled with the word "inedible" on the outside of the container.
F.] Other methods of disposition may be used only when approved by the Commissioner.
A.] It is unlawful for anyone to pack eggs into a master container which does not bear all required labeling, including responsible party, or to transport or sell eggs in such container.
B.] Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else shall, at his own expense, return such container to the registered owner within 30 days.
KEY: food inspections
Date of Enactment or Last Substantive Amendment: [
March 20, 2006]
Notice of Continuation: January 24, 2011
Authorizing, and implemented or Interpreted Law: 4-4-2
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140315.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org; Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at email@example.com; Noel Schvaneveldt at the above address, by phone at 801-538-7108, by FAX at 801-538-7124, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.