DAR File No. 27628

Agriculture and Food, Regulatory Services

R70-440-2

Adopt by Reference

NOTICE OF PROPOSED RULE

DAR File No.: 27628
Filed: 12/30/2004, 11:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change corrects a code reference which is incorporated within this rule, Animal and Animal Products, CFR Title 9, Chapter III, Section 590.1 through 590.970 and Part 592, January 1, 2004, edition.

Summary of the rule or change:

There are two new additions to CFR Title 9, Chapter III, that will be incorporated into this rule. They are Section 590.970, Charges for storage, cartage, and labor with respect to products imported contrary to the Act, and Part 592, Voluntary inspection of egg products, January 1, 2004, edition.

State statutory or constitutional authorization for this rule:

Section 4-4-2

CFR Title 9, Chapter III, Part 590, Sections 590.1 through 590.970, January 1, 2004 edition, and CFR Title 9, Chapter III, Part 592, January 1, 2004 edition.

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost or savings to the state budget. The changes are being made to incorporated new changes in the federal statute.

local governments:

There will be no anticipated cost or savings to local government. The changes are being made to incorporated new changes in the federal statute.

other persons:

There will be fees charged to the owner for storage, cartage, and labor with respect to any product which is imported under the Act. There will be fees charged and collected for voluntary inspections requested by the owner.

Compliance costs for affected persons:

In default of payment for storage, cartage or labor, shall constitute a lien against such product and any other product thereafter imported under the Act by or for such owner or consignee.

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

The fees charged for voluntary inspection services of egg products as provided by the federal Food Safety and Inspection Service (FSIS) shall be at the applicable rates, and on the basis set forth in 592.2 through 592.4. The fees shall be paid to FSIS.

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:

02/14/2005

This rule may become effective on:

02/15/2005

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.

Accordingly, the division adopts the egg products inspection standards and procedures as specified in Animal and Animal Products, CFR Title 9, Chapter III, Sub- Chapter 590.1 through 590.[965]970, and CFR Title 9, Chapter III, Part 592, January 1, 200[3]4 edition, which is incorporated by reference within this rule.

KEY: food inspection

[2004]2005

4-4-2[(j)]

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.