DAR File No. 40368

Agriculture and Food, Regulatory Services

Rule R70-380

Grade A Condensed and Dry Milk Products and Condensed and Dry Whey

Notice of Proposed Rule

(Amendment)

DAR File No.: 40368
Filed: 04/29/2016 09:35:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule incorporates by reference a federal document that has since been incorporated into a Grade "A" Pasteurized Milk Ordinance. The proposed changes would adopt the Grade "A" Pasteurized Milk Ordinance to make it easier to find the regulations and standards that the producers, manufacturers, and distributors have to follow.

Summary of the rule or change:

The proposed changes to the rule are made to update to the current version of the Grade "A" Pasteurized Milk Ordinance, January 1, 2013.

State statutory or constitutional authorization for this rule:

• Section 4-3-2
• Title 4, Chapter 5
• Subsection 4-2-2(i)

This rule or change incorporates by reference the following material:

• Adds Grade "A" Pasteurized Milk Ordinance, January 2013 Revisions, published by U.S. Department of Health and Human Services, Public Health Service and Food and Drug Administration, 01/01/2013

Anticipated cost or savings to:

the state budget:

There are no costs or savings associated with the rule changes. The rule changes have no additional requirements attached. The changes are made for clarification and to make it easier for those who engage in the covered practices to find the regulations.

local governments:

There are no requirements made on local government in the changes to the rule.

small businesses:

The changes add no new requirements on those businesses affected by the rule. There will be neither a cost nor a savings to those affected by the rule. The changes to the rule are meant to make it easier to locate the regulations governing the industry.

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

The changes add no new requirements on those businesses affected by the rule. There will be neither a cost nor a savings to those affected by the rule. The changes to the rule are meant to make it easier to locate the regulations governing the industry.

Compliance costs for affected persons:

There are no compliance costs to any person affected by the changes to the rule. The rule changes are to make it easier for individuals to find the regulations.

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

The changes to this rule do not require additional measures from those affected. It does make it easier for individuals to find regulations by correctly citing Grade "A" Pasteurized Milk Ordinance. It will have no fiscal impacts on businesses or individuals.

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.

R70-380. Grade A Condensed and Dry Milk Products and Condensed and Dry Whey.

R70-380-1. Authority.

A. Promulgated Under the Authority of Section 4-3-2.

B. Scope: This rule shall apply to all Grade A condensed milk products and condensed and dry whey sold, bought, processed, manufactured or distributed within the State of Utah.

 

R70-380-2. Adoption of Ordinance.

[The publication entitled: "The Grade-A Condensed and Dry Milk Products and Condensed and Dry Whey Supplement #1 to the Grade A Pasteurized Milk Ordinance", including administrative procedures and appendixes, as published in 1995 by the United States Public Health Service, including "Recommendations", is hereby incorporated by reference within this rule.]The Grade "A" Pasteurized Milk Ordinance, 2013 Revision, is hereby adopted and incorporated by reference with in this rule.

 

R70-380-3. Changes in Ordinance.

Changes in the Condensed and Dry Milk Regulations as approved by the U.S. Food and Drug Administration shall be reviewed by this department for possible application, and these rules shall be amended to reflect those new standards as necessary.

 

R70-380-4. Regulatory Agency Defined.

The definition of "regulatory agency" as given in [Section 1(P) of the Dry Milk Ordinance 1995 revision]Section 1RR of the Pasteurized Milk Ordinance shall mean the Commissioner of Agriculture and Food of the State of Utah or his authorized representative(s).

 

R70-380-5. Penalty.

Violation of [any portion of the Grade A Dry Milk Ordinance 1995 recommendations]this rule may result in civil or criminal action, pursuant to 4-2-15.

 

KEY: food inspection

Date of Enactment or Last Substantive Amendment: [March 4, 1997]2016

Notice of Continuation: March 16, 2016

Authorizing, and Implemented or Interpreted Law: 4-3-2