DAR File No. 43777

Agriculture and Food, Regulatory Services

Rule R70-310

Grade A Pasteurized Milk

Notice of Proposed Rule

(Amendment)

DAR File No.: 43777
Filed: 06/10/2019 12:10:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes to this rule are to update incorrect references to the Utah Code, and to update incorporated material to their current versions to ensure compliance with Food and Drug Administration (FDA) regulations for the shipment and marketing of Grade A milk in the interstate market.

Summary of the rule or change:

The changes to this rule correct an incorrect citation to the Utah Code. Additionally, it updates the reference to FDA documents from the 2013 version to the current 2017 version. The 2017 versions of these documents add clarity to the preventive control requirements due to a change in the federal law. Additionally, they provide additional guidance on how to conduct a tetracycline-based antibiotics test.

Statutory or constitutional authorization for this rule:

• Subsection 4-2-103(1)(i)

This rule or change incorporates by reference the following material:

• Updates Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/ Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers, published by United States Department of Health and Human Services, 01/01/2017
• Updates Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, published by United States Department of Health and Human Services, 01/01/2017
• Updates Grade "A" Pasteurized Milk Ordinance, published by United States Department of Health and Human Services, 01/01/2017

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any impact on state government revenues or expenditures because these changes only correct a citation and clarify previously existing provisions.

local governments:

There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments.

small businesses:

These rule changes are not expected to have any impact on small businesses' revenues or expenditures because these changes only correct a citation and clarify previously existing provisions.

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

These rule changes are not anticipated to have any fiscal impact on persons other than small businesses, businesses, or local governments entities.

Compliance costs for affected persons:

These rule changes are not expected to have any impact on revenues or expenditures because these changes only correct a citation and clarify previously existing provisions.

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

These rule changes are not expected to have any impact on revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. However, these changes are necessary to ensure that Utah producers and processor may continue to have access to the market.

Kerry Gibson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• 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
• Melissa Ure at the above address, by phone at 801-538-4978, by FAX at , or by Internet E-mail at mure@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:

07/31/2019

This rule may become effective on:

08/07/2019

Authorized by:

Kerry Gibson, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 35 dairy product manufacturing firms in Utah which are considered non-small businesses. These rule changes are not expected to have any impacts on revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. However, the changes are necessary to ensure that Utah producers and processor may continue to have access to the market.

 

The Commissioner of the Department of Agriculture and Food, Kerry Gibson, has reviewed and approved this fiscal analysis.

 

 

R70. Agriculture and Food, Regulatory Services.

R70-310. Grade A Pasteurized Milk.

R70-310-1. Authority.

A. Promulgated Under the Authority of Subsection [4-2-2(1)(j)]4-2-103(1)(i).

B. Scope - this rule shall apply to all Grade A pasteurized milk products sold, bought, processed, manufactured or distributed within the State of Utah.

 

R70-310-2. Adoption of USPHS Ordinance.

"The Grade A Pasteurized Milk Ordinance, [2013]2017 Recommendations of the United States Public Health Service/Food and Drug Administration", the 2017 Revision of "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments," and the [2011]2017 Revision of "Methods of Making Sanitation Ratings of Milk Shippers," are hereby adopted and incorporated by reference within this rule. These documents are available for public inspection, during normal working hours, and may be reviewed at the main office of the Utah Department of Agriculture and Food, 350 No. Redwood Road, SLC, UT 84116.

 

R70-310-3. Regulatory Agency Defined.

The definition of "regulatory agency" as given in section 1(LL) of the Grade A Pasteurized Milk Ordinance shall mean the Commissioner of Agriculture and Food of the State of Utah or his authorized representative(s).

 

R70-310-4. Penalty.

Violation of any portion of the Grade A Pasteurized Milk Ordinance 2011 recommendation may result in civil or criminal action, pursuant to Section 4-2-15.

 

KEY: dairy inspections

Date of Enactment or Last Substantive Amendment: [January 29, 2013]2019

Notice of Continuation: June 24, 2014

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