DAR File No. 40360

Agriculture and Food, Regulatory Services

Rule R70-550

Utah Inland Shellfish Safety Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 40360
Filed: 04/28/2016 10:39:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish health rules governing the growing, harvesting, shucking, and packaging of molluscan shellfish. The proposed changes are to correctly list the name of the model ordinance and to incorporate by reference the most current version of the ordinance.

Summary of the rule or change:

The proposed changes would correct the erroneous listing of the name of the ordinances. Further, it incorporates by reference the latest published version of the model ordinance, January 1, 2013, published by the Food and Drug Administration.

State statutory or constitutional authorization for this rule:

• Section 4-5-17

This rule or change incorporates by reference the following material:

• Adds National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2013, Revision , published by United States Public Health Service and the Food and Drug Administration, 01/01/2013

Anticipated cost or savings to:

the state budget:

There will be no affect on the state budget related to these changes. The department has been doing these inspections since 2007. The changes to rule will not have an affect on the inspection.

local governments:

There will be no cost or savings to local governments. There are no requirements made on local governments in the changes to the rule.

small businesses:

The rule governs small businesses in the state that package shellfish; however, the proposed changes to the rules will not have a cost or a savings to the businesses. The changes made to the rule are updating the rules to the current version being used on a nationwide level. These businesses are already using the most current version in order to ship out of the state.

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

The proposed changes do not affect persons other than those engaged in the business of packaging and shipping molluscan shellfish. As with small businesses, these changes do not affect the practices which are already standard in the industry.

Compliance costs for affected persons:

There are no compliance costs associated with these proposed rule changes. The rules are a national standard that industry is already following.

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

The proposed rules will not have a fiscal impact on businesses because the standards adopted by the proposed changes are already industry standards. The proposed changes will make it easier for interested parties to find the correct standards with which they must be in compliance.

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
Regulatory Services
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 kmathews@utah.gov
• Travis Waller at the above address, by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@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:

06/14/2016

This rule may become effective on:

06/21/2016

Authorized by:

LuAnn Adams, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-550. Utah Inland Shellfish Safety Program.

R70-550-1. Authority.

This rule is promulgated by the Division of Regulatory Services, within the Department of Agriculture and Food under authority of Section 4-5-17.

 

R70-550-2. Adopt by Reference.

[Adoption of USPHS Ordinance; National Shellfish Safety Program, Model Ordinance. The Interstate shellfish shipper model ordinance: 2005 edition Recommendations of]The National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish: 2013 Revision published by the United States Public Health Service/Food and Drug Administration, is hereby adopted and incorporated by reference within this rule.

 

KEY: interstate shell fish safety

Date of Enactment or Last Substantive Amendment: [December 14, 2007]2016

Notice of Continuation: January 12, 2012

Authorizing, and Implemented or Interpreted Law: 4-5-17