DAR File No. 44092

Agriculture and Food, Regulatory Services

Rule R70-440

Egg Products Inspection

Notice of Proposed Rule

(New Rule)

DAR File No.: 44092
Filed: 09/20/2019 01:18:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes inspection procedures for egg inspection. Additionally, this rule 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, it establishes the requirement for labels and plant requirements for sanitation and processing. (EDITOR'S NOTE: A corresponding 120-day (emergency) Rule R70-440 that is effective as of 09/20/2019 is under Filing No. 44091 in this issue, October 15, 2019, of the Bulletin.)

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 inspects rather than that of the U.S. Department of Agriculture.

local governments:

This proposed 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

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:

11/14/2019

This rule may become effective on:

11/21/2019

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

This proposed rule is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures, because this rule adopts the preexisting federal rule which the producers must comply with in order to enter the stream of commerce.

 

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

 

 

R70. Agriculture and Food, Regulatory Services.

R70-440. 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: 2019

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