DAR File No. 27569

Agriculture and Food, Regulatory Services

R70-540-14

Exemptions

NOTICE OF PROPOSED RULE

DAR File No.: 27569
Filed: 11/30/2004, 02:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment changes the rule in response to comments received from the industry regarding the exemption of fees from facilities that distribute food without monetary exchange.

Summary of the rule or change:

This rule change establishes the guidelines for the exemption of fees for the inspection of food establishments that distribute food without monetary exchange. They will be required to register with the Utah Department of Agriculture and Food (UDAF) annually.

State statutory or constitutional authorization for this rule:

Subsection 4-5-9(1)(a)

Anticipated cost or savings to:

the state budget:

There will be an anticipated loss of approximately $5,000 to the state budget.

local governments:

The changes to this rule will not affect local government. Therefore, there are no cost or savings to local government.

other persons:

Food establishments that distribute food provisions directly to consumers without monetary exchange will be exempt from registration fees.

Compliance costs for affected persons:

There will be no compliance cost associated with this rule change. No fees will be required for food establishments distributing food provisions to consumers without monetary exchange.

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

The exempt food establishments will be required to register with UDAF annually. Inspections will be conducted by UDAF to ensure food safety.

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, Becky Shreeve, or Chris Crnich at the above address, by phone at 801-538-7114, 801-538-7149, or 801-538-7150, by FAX at 801-538-7126, 801-538-7126, or 801-538-4949, or by Internet E-mail at mleetham@utah.gov, bshreeve@utah.gov, or ccrnich@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:

01/14/2005

This rule may become effective on:

01/15/2005

Authorized by:

Cary G. Peterson, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-540. Food Establishment Registration.

R70-540-14. Exemptions.

For the purpose of granting registration fee exemptions the following applies:

(1) Food establishments that distribute food provisions directly to consumers without monetary consideration exchange will be exempt from food registration fees.

(a) These facilities may not conduct any type of food processing or reconditioning.

(b) Inspections will be conducted by UDAF to ensure food safety and the food establishments will be required to register annually with UDAF.

(2) Warehouses whose sole purpose is to distribute directly to food establishments that distribute food provisions directly to consumers without monetary consideration exchange may be exempt from registration fees.

KEY: food inspection

[2004]2005

4-5-9(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Marolyn Leetham, Becky Shreeve, or Chris Crnich at the above address, by phone at 801-538-7114, 801-538-7149, or 801-538-7150, by FAX at 801-538-7126, 801-538-7126, or 801-538-4949, or by Internet E-mail at mleetham@utah.gov, bshreeve@utah.gov, or ccrnich@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.