DAR File No. 27425

Agriculture and Food, Regulatory Services

R70-440

Egg Products Inspection

NOTICE OF PROPOSED RULE

DAR File No.: 27425
Filed: 09/15/2004, 11:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed new rule is to provide egg products inspection equal to those imposed under the Federal Egg Products Inspection Act.

Summary of the rule or change:

This proposed new rule adopts and incorporates by reference 9 CFR 590, January 1, 2003, edition. Egg Products Processing is conducted under mandatory inspection, as prescribed by the Egg Products Inspection Act. 9 CFR 590 was promulgated under authority of this act to facilitate this inspection. 9 CFR 590 provides rules and regulations for the inspection of egg products including wholesome processing and proper labeling.

State statutory or constitutional authorization for this rule:

Subsection 4-4-2(j)

9 CFR 590, January 1, 2003 edition

Anticipated cost or savings to:

the state budget:

State government will receive approximately $90,000 per year from the federal government for this program.

local governments:

Local governments are not involved in the administration of The Egg Products Inspection Act. This mandatory program is funded fully by the Federal Government and is administered by the United States Department of Agriculture Food Safety and Inspection Service or under cooperative agreement with the state.

other persons:

There will be no cost or savings to other persons. Currently food facilities processing egg products are subject to this federal rule. The adoption by reference is an effort to clean up the codes and make them equal to current federal regulations.

Compliance costs for affected persons:

There is no compliance cost associated with this rule. The rule is established for inspection services provided by the Department of Agriculture and Food.

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

This rule is established for the purpose of enforcing provisions of the Federal Egg Products Inspection Act (21 U.S.C. 1031-1056).

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, Chris Crnich, or Doug Pearson at the above address, by phone at 801-538-7114, 801-538-7150, or 801-538-7144, by FAX at 801-538-7126, 801-538-4949, or 801-538-7169, or by Internet E-mail at mleetham@utah.gov, ccrnich@utah.gov, or dpearson@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:

11/01/2004

This rule may become effective on:

11/02/2004

Authorized by:

Cary G. Peterson, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-440. Egg Products Inspection.

R70-440-1. Authority.

A. Promulgated under authority of Section 4-4-2(j).

B. Scope: 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.

The Utah Department of Agriculture and Food hereby adopts and incorporates by reference the applicable provisions of the regulations issued by the United States Department of Agriculture for Egg Products, 9 CFR 590, January 1, 2003 edition.

KEY: food inspection

2004

4-4-2(j)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Marolyn Leetham, Chris Crnich, or Doug Pearson at the above address, by phone at 801-538-7114, 801-538-7150, or 801-538-7144, by FAX at 801-538-7126, 801-538-4949, or 801-538-7169, or by Internet E-mail at mleetham@utah.gov, ccrnich@utah.gov, or dpearson@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.