DAR File No. 39762
This rule was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.
Agriculture and Food, Marketing and Development
Utah Turkey Marketing Order
Notice of Proposed Rule
DAR File No.: 39762
Filed: 09/23/2015 08:13:10 AM
Purpose of the rule or reason for the change:
The rule establishes a marketing order for turkeys. The industry has grown to the point that they are providing for their own marketing. As such, it is no longer necessary to continue the Turkey Marketing Order.
Summary of the rule or change:
The proposed change is a complete repeal of the rule. There will no longer be a marketing order for turkeys when the rule takes effect. This will disband the Turkey Marketing Board.
State statutory or constitutional authorization for this rule:
- Subsection 4-2-2(1)(e)
Anticipated cost or savings to:
the state budget:
The repeal of this rule will disband the Turkey Marketing Board. As a result, the state will save on travel and per diem costs for the five-member board.
Local governments had no role in the administration or enforcement of this rule. Local governments will not be affected by the repeal of this rule.
Turkey producers will no longer be obligated to pay the $0.08 per 100 lbs required by the Marketing Order.
persons other than small businesses, businesses, or local governmental entities:
Turkey producers will no longer be obligated to pay the $0.08 per 100 lbs required by the rule in order to facilitate the marketing of their product.
Compliance costs for affected persons:
This is a repeal of the rule. There will be no costs to the producers as they will no longer be bound by the Marketing Order. The repeal of this rule will actually lead to a savings for the small businesses, businesses, and the state.
Comments by the department head on the fiscal impact the rule may have on businesses:
The repeal of this rule does away with the Turkey Marketing Order. This would eliminate the fees that are collected by the Marketing Board. These fees will be kept by the producers and will be the producer to fund their own marketing campaigns.
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
Marketing and Development
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034
Direct questions regarding this rule to:
- 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
- Scott Ericson 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
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
R65. Agriculture and Food, Marketing and Development.
R65-3. Utah Turkey Marketing Order.
A. Promulgated under authority of Section
4-2-2(1)(e). B. The Commissioner of Agriculture and Food finds, after
a study of information available and by request of the industry
that it is in the public interest to establish a marketing order
to improve conditions in the turkey producing industry. The
Commissioner finds that the issuance of this marketing order is
approved and favored by at least 50 percent of the producers and
handlers voting on the referendum representing not less than
two-thirds of the turkey production for the State of Utah during
the calendar year. It is therefore ordered by the Commissioner,
acting by the authority vested in him, that an Order be
established to assure an effective and coordinated program to
maintain and expand the Utah turkey industry's market
position, and that the producers shall be subject to the terms
and provisions of the Order.
R65-3-2. Definition of Terms.
A. "Commissioner" means the Commissioner of
Agriculture and Food of the State of Utah. B. "Person" means an individual, partnership,
corporation, association, legal representative, or any organized
group of individuals. C. "Turkeys" means turkey eggs, turkey poults,
breeder hens, and turkeys. D. "Producer" means any person in this state in
the business of producing or causing to be produced turkeys for
market, provided producers shall not include producers who sell
turkeys direct to the consumer which they themselves have
produced. E. "Handler" means any person engaged in the
operation of selling, marketing, or distributing turkeys which
are produced in Utah; but no rule under this Act shall apply to
the sale of such turkeys to the ultimate consumer.
A. A Board of Control is hereby established consisting of
five members, two of whom shall be handlers, to carry out the
provisions of this marketing order. B. The original members of the Board of Control shall be
selected by the Commissioner from names submitted by the
industry. C. Successors to original members shall be appointed by
the Commissioner from names submitted by the industry. One grower
member and one handler member shall be appointed in February of
1981 for a period of three years. Two grower members and one
handler member shall be appointed in February of 1981 for a term
of four years. D. Members of the Board shall only succeed themselves
once and not serve on the Board for more than eight consecutive
years. E. The officers of the Board shall be selected from the
five Board members at their first meeting after reorganization.
The officers shall consist of a Chairman and a Vice Chairman, to
be elected yearly by the members of the Board. In the event of a
vacancy or unfilled office; it shall be filled through a board
election as soon as practical and shall be for the remainder of
the unexpired term. F. The Board shall exercise the following functions,
powers and duties: 1. to receive and expend funds collected for the benefit
of Utah turkey production, 2. to cooperate with any local, state or national
organization engaged in activities similar to those of the Turkey
Marketing Board, 3. to conduct advertising programs to increase the
consumption of Utah produced turkeys where and when possible,
and 4. to conduct research projects to improve the profit
potential of the Utah turkey industry. 5. Financial reports will be made available annually for
the Board and members of the industry. G. No member of such Board shall receive a salary, but
each shall be entitled to actual expenses incurred while engaged
in performing the duties herein authorized in accordance with
Sections 63A-3-106 and 63A-3-107. H. All decisions of the Board of Control shall be by a
majority vote of those present. I. No member of the Board, nor any employee of the Board,
shall be deemed responsible individually in any way whatsoever to
any producer, distributor, handler, processor, or any other
person, for errors of judgment, mistakes, or other acts, either
of commission or omission of principal, agent, person, or
employee, except for his own individual acts of dishonesty or
crime. No such person or employee shall be held responsible
individually for any act or omission of any other member of the
Board. The liability of the members of such Board shall be
several and not joint, and no member shall be liable for the
default of any other member. J. Attendance of three members at a duly called meeting
shall constitute a quorum for the transaction of official
R65-3-4. Provision of this Order.
A. This order provides for: 1. Uniform grading and inspection of turkeys sold or
offered for sale by producers or handlers and for the
establishment of grading turkeys in accordance with such grading
standards so established. Such grading standards shall not be
established below any minimum standards now prescribed by law for
this state. 2. Advertising and sales promotion to create new or
larger markets for turkeys grown in Utah, provided that any such
plan shall be directed towards increasing the sale of such
commodity without reference to a particular brand or trade name.
Provided further, that no advertising or sales promotion program
shall be authorized which shall make use of false or unwarranted
claims in behalf of the product covered by this Order, or
disparage the quality, value, sale or use of any other
agricultural commodity. 3. The labeling, marking, or branding of turkeys provided
that such labeling, marking or branding, does not conflict with
any rules of the Commissioner or laws of the State of
Utah. 4. Conducting research projects and experiments for the
purpose of improving the quality, size, and health and general
condition of the turkey industry and for the purpose of
protecting the health of the people of the State. 5. The Board of Control to cooperate with any other state
or federal agency whose activities may be deemed beneficial to
the purposes of this Order. B. Expenses - Assessments - Collection and
Disbursement. 1. Each handler subject to this Order shall pay to the
Board of Control such handler's pro rata share (as approved
by the Commissioner) of such expenses as the Commissioner may
find will necessarily be incurred by the Board for the
maintenance and functioning of said Board. The pro rata share of
the expenses payable by a cooperative association of producers
shall be computed on the basis of the quantity of the product
covered by the Order which is distributed, sold, or shipped by
such cooperative association of producers. The Board may maintain
in its own name, or in the name of its members, a suit against
any handler, subject to this Order, for the collection of such
handler's pro rata share of expenses. a. Such handler's assessment shall be approved by the
Commissioner and the industry. b. This assessment shall be set at $.08 per hundred
weight of processed bird. 2. The Board is authorized to incur such expenses as are
necessary to carry out its functions subject to the approval of
the Commissioner. The Board shall receive and disperse all funds
pursuant to R65-3-5. Any funds remaining at the end of any year
over and above the necessary expenses of said Board of Control
may be divided among all persons from whom such funds were
collected, or, at the discretion of the Board, such amounts may
be applied to the necessary expenses of the Board for the
continuation of its program during the next succeeding year, and
in such case the Board shall credit all persons from whom such
funds were collected with their proper proportions
thereof. 3. The assessment of each producer shall be deducted from
the producer's gross receipt by the dealer or
producer-handler. All proceeds from the deducted portion shall be
paid at least quarterly to the Board upon request of the
Board. 4. The Board shall retain records of the receipt of the
assessment which will be available for public inspection upon
request. 5. The Board of Control is required to reimburse the
Commissioner for any funds as are expended by the Commissioner in
performing his duties, as provided in this Order. Such
reimbursement to include only funds actually expended in
connection with this Order.
R65-3-5. Division of Funds.
Assessments made and monies collected under the
provisions of this Order shall be divided into assessments and
funds for A. administrative purposes, B. advertising and promotional purposes, and C. research purposes. Such assessments and funds shall be
used solely for the purposes for which they are collected;
provided, that funds remaining at the end of any year may be used
in the succeeding year.
Any producer who wishes a refund of their assessments may
receive such by notifying the Board in writing of their request
at the end of each calendar year.
R65-3-7. Complaints of Violations.
Complaints of violation shall be handled by the
responsible legal agencies and shall be enforced in the civil
courts of the State.
R65-3-8. Termination of Order.
The Commissioner may terminate this Marketing Order at
such time as he may determine there is no longer an industry need
for such order. This order shall be reviewed or amended at least
every 5 years by the industry, Subsection 4-2-2(3)(a). A
referendum vote may be called at the request of the producers
through a petition of 40 percent of the producers.
Date of Enactment or Last Substantive Amendment: 1987
Notice of Continuation: September 8, 2014
Authorizing, and Implemented or Interpreted Law:
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/2015/b20151015.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 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; Scott Ericson 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. For questions about the rulemaking process, please contact the Division of Administrative Rules.