DAR File No. 44091

Agriculture and Food, Regulatory Services

Rule R70-440

Egg Products Inspection

Notice of 120-Day (Emergency) Rule

DAR File No.: 44091
Filed: 09/20/2019 01:14:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes inspection procedures for egg inspection. Additionally, it establishes labeling sanitation, processing, and facility requirements.

Summary of the rule or change:

This rule establishes requirements for inspection of eggs and egg products. This rule establishes the certification for inspectors. Additionally, this rule establishes the requirement for labels and plant requirements for sanitation and processing. (EDITOR'S NOTE: A corresponding proposed new Rule R70-440 is under Filing No. 44092 in this issue, October 15, 2019, of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: This rule is necessary to protect the public. This rule establishes the procedures for whole eggs and egg products on how they should be handled and processed without which there is a higher risk of food borne illness outbreaks.

Statutory or constitutional authorization for this rule:

• Section 4-4-102

This rule or change incorporates by reference the following material:

• Adds 9 CFR 592, Voluntary Inspection of Egg Products, published by Government Printing Office, 01/01/2012
• Adds 9 CFR 590, Inspection of Eggs and Egg Products (Egg Products Inspection Act), published by Government Printing Office, 01/01/2012

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or benefit because the Department of Agriculture and Food (Department) has previously been involved in this program. This rule is necessary to establish the Department's authority to conduct these inspections rather than that of the the U.S. Department of Agriculture.

local governments:

This rule is not anticipated to result in any costs or savings with respect to any local governments.

small businesses:

There are no anticipated cost or benefit to small businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections.

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

This proposed rule is not anticipated to have any fiscal impact on other persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections.

Compliance costs for affected persons:

This proposed rule is not anticipated to have any fiscal impact on persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections.

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

This proposed rule is not anticipated to have any fiscal impact on businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections.

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
• Kelly Pehrson at the above address, by phone at 801-538-7102, by FAX at , or by Internet E-mail at kwpehrson@utah.gov

This rule is effective on:

09/20/2019

Authorized by:

Kerry Gibson, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-440. Egg Products Inspection.

R70-440-1. Authority.

1) Promulgated under authority of Section 4-4-102.

2) This rule shall apply to all egg products sold, bought, processed, manufactured or distributed within the State of Utah. It is the purpose of this rule to provide egg products inspection at least equal to those imposed under the Federal Egg Products Inspection Act (21 U.S.C. 1031-1056).

 

R70-440-2. Adopt by Reference.

Accordingly, the division adopts the egg products inspection standards and procedures as specified in Animal and Animal Products, 9 CFR Chapter III, Sub-Chapter I, Parts 590 and 592, January 1, 2012 edition, which is incorporated by reference within this rule.

 

KEY: food inspection

Date of Enactment or Last Substantive Amendment: September 20, 2019

Authorizing, and Implemented or Interpreted Law: 4-4-102