Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R70. Agriculture and Food, Regulatory Services.

Rule R70-610. Uniform Retail Wheat Standards of Identity.

As in effect on October 1, 2019

Table of Contents

R70-610-1. Authority.

Promulgated under Sections 4-5-6, 4-2-2, and 4-5-17.

R70-610-2. Definitions.

A. "Field Wheat" shall mean the grain of common wheat, club wheat, and durum wheat which before the removal of inert and foreign material (dockage) consists of 50 percent of one of these wheats and not more than 10 percent of other grains for which standards have been established by the United States Grain Standards Act and which, after removal of inert and foreign material contains 50 percent or more of whole kernels of one or more of these wheats.

B. "Rough Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than 2.0 percent inert and foreign material, not more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat unwholesome or harmful to health.

C. "Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than 1.0 percent inert and foreign material, not more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat unwholesome or harmful to health.

D. "Table Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than .5 percent inert and foreign material, not more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat unwholesome or harmful to health.

E. "Hard Red Winter Wheat" shall mean all subclasses and varieties of hard red winter wheat with not more than 3 percent other classes of wheat.

F. "Hard Winter Wheat" shall mean all subclasses and varieties of hard red and white winter wheats with not more than 3 percent other classes of wheat.

G. "Hard Red Spring Wheat" shall mean all subclasses and varieties of hard red spring wheat with not more than 3 percent other classes of wheat.

H. "Soft Red Winter Wheat" shall mean all subclasses and varieties of soft red winter wheat, with not more than 3 percent other classes of wheat.

I. "Hard Red Wheat or Hard Red Wheat Blend" shall mean blended wheat of all subclasses and varieties of hard red winter wheat and hard red spring wheat, with not more than 3 percent other classes.

J. "Wheat Mix" shall mean all subclasses and varieties of hard red winter wheat and hard red spring wheat mixed with soft wheats.

K. "White Wheat" shall mean all subclasses and varieties of white wheat with not more than 3 percent other classes of wheat.

L. "Hard Red and White Wheat Blend" shall mean all subclasses and varieties of hard red wheat mixed with any subclass and variety of hard white wheat.

M. "Damaged Kernels" shall mean kernels and pieces of kernels of wheat which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, moldy, diseased, or otherwise materially damaged.

N. "Inert and Foreign Material or Dockage" shall mean all weed seeds, weed stems, shaff, straw, grain other than wheat, sand, dirt, dead insects or any other material that can be readily removed from wheat by the use of sieves and cleaning devices.

O. "Poisonous or Deleterious Substances" shall mean all smuts, ergots, poisonous weed seeds, pesticides, live insects, rodent excreta, or other material or substances that would render wheat unwholesome or harmful to health.

P. "Adulteration" shall be defined as outlined in the Utah Wholesome Food Act, Section 4-5-7.

Q. "Misbranded" shall be defined as outlined in the Utah Wholesome Food Act, Section 4-5-8.

R. "Shrunken and Broken Kernels" shall mean all kernels and pieces of kernels of wheat and other matter that will readily pass through a 0.064 x 3/8 oblong hole sieve.

S. "F.P.L.A." shall mean the Fair Packaging and Labeling Act.

R70-610-3. Labeling.

Packaged wheat that is intended for sale directly to consumers and not intended for further processing, labeling, or repackaging in a food processing establishment must be labeled according to 21 USC 343, known as F.P.L.A., the Nutrition Labeling and Education Act of 1990.

R70-610-4. Special Labeling Standards for Wheat.

Wheat that is intended for sale directly to consumers and not intended for processing, labeling, or repacking in a food processing establishment must be labeled in addition to F.P.L.A. labeling with

A. Class of Wheat, i.e., hard red winter wheat, hard winter wheat, hard red spring wheat, hard spring wheat, soft red winter wheat, white wheat, hard red wheat or hard red blend wheat mix, and hard red and white wheat blend.

B. The type of Cleaning Standard Met, i.e. field wheat (no cleaning), rough cleaned wheat, cleaned wheat, or table cleaned wheat.

R70-610-5. General.

A. If the wheat contains less than 11 percent moisture, it may be labeled low moisture wheat.

B. If the germination of the wheat is 85 percent or more, the term "germination not impaired" may be used.

C. All claims made on the label must be met by the processor.

D. Wheat must be processed, packaged, and stored in such a manner that the product will not become adulterated.

E. Wheat cleaning facilities and products must be in compliance with Title 4, Chapter 5 and R70-530.

KEY

food inspection

Date of Enactment or Last Substantive Amendment

1987

Notice of Continuation

August 5, 2015

Authorizing, Implemented, or Interpreted Law

4-5-6; 4-5-17; 4-2-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R70, please contact the promulgating agency (Agriculture and Food, Regulatory Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.