DAR File No. 27149

Agriculture and Food, Regulatory Services

R70-310

Grade A Pasteurized Milk

NOTICE OF PROPOSED RULE

DAR File No.: 27149
Filed: 05/12/2004, 01:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment adopts the latest version of the Grade A Pasteurized Milk Ordinance.

Summary of the rule or change:

This amendment adopts the 2003 version of the Grade A Pasteurized Milk Ordinance. There are no significant changes in this version.

State statutory or constitutional authorization for this rule:

Subsection 4-2-2(1)(j)

U.S. Department of Health and Human Services Public Health Service Grade A Pasteurized Milk Ordinance, 2003 version

Anticipated cost or savings to:

the state budget:

No impact to state budget. Dairy owners will be affected if they violate any portion of the Grade A Pasteurized Milk Ordinance.

local governments:

No impact to local government. Dairy owners will be affected if they violate any portion of the Grade A Pasteurized Milk Ordinance.

other persons:

Dairy owners will be affected if they violate any portion of the Grade A Pasteurized Milk Ordinance. We have no idea how many dairy owners will violate this ordinance this year. We had one violation last year.

Compliance costs for affected persons:

Violation of any portion of the Grade A Pasteurized Milk Ordinance may result in civil or criminal action. A penalty not to exceed $5,000 per violation in a civil proceeding, and in a criminal proceeding is guilty of a Class B Misdemeanor.

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

There will be no fiscal impact on businesses with the exception of dairy owners. There may be a penalty to dairy owners if any portion of the Grade A Pasteurized Milk Ordinance is violated.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Marolyn Leetham or Don McClellan at the above address, by phone at 801-538-7114 or 801-538-7145, by FAX at 801-538-7126 or 801-538-7126, or by Internet E-mail at mleetham@utah.gov or dmcclellan@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:

07/01/2004

This rule may become effective on:

07/02/2004

Authorized by:

Cary G. Peterson, Commissioner

RULE TEXT

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).

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, [2001]2003 Recommendations of the United States Public Health Service/Food and Drug Administration, is hereby adopted and incorporated by reference within this rule. This document is 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(x) 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 [2001]2003 recommendation may result in civil or criminal action, pursuant to Section 4-2-15.

KEY: food inspection

[December 2, 2003]2004

Notice of Continuation February 10, 2000

4-2-2

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Marolyn Leetham or Don McClellan at the above address, by phone at 801-538-7114 or 801-538-7145, by FAX at 801-538-7126 or 801-538-7126, or by Internet E-mail at mleetham@utah.gov or dmcclellan@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.