DAR File No. 28485

Agriculture and Food, Regulatory Services

R70-410-1

Authority

NOTICE OF PROPOSED RULE

DAR File No.: 28485
Filed: 02/01/2006, 09:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment adopts the January 1, 2005, edition of 7 CFR part 56, 9 CFR 590, 7 CFR 59, and the January 1, 2003, edition of 21 CFR 1 through 200.

Summary of the rule or change:

This proposed amendment adopts and incorporates by reference the applicable provisions of the regulations issued by the United States Department of Agriculture (USDA) for grading and inspection of shell eggs. There have been some substantive changes made to the Code of Federal Regulations (CFR) references, therefore, it is necessary to update the citation of CFR references to the current issue.

State statutory or constitutional authorization for this rule:

Section 4-4-2

7 CFR Part 56, January 1, 2003, edition; 21 CFR, 1 through 200, April 1, 2001, edition; 9 CFR 590, January 1, 2003, edition; and 7 CFR 59, January 1, 2003, edition

Anticipated cost or savings to:

the state budget:

This program is a voluntary program funded completely by egg and poultry plants involved in the program. Based upon the criteria established by the "hill" the rates we charge for the service are in line with these guidelines. The rates are significantly below the rates charged by our federal counterparts.

local governments:

This program is a voluntary program funded completely by egg and poultry plants involved in the program. Based upon the criteria established by the "hill" the rates we charge for the service are in line with these guidelines. The rates are significantly below the rates charged by our federal counterparts.

other persons:

Standards set by adoption of federal egg and poultry uniform standard, established by these rules enhance marketability of their products. The grade mark concurrent with the service is often required for sale to other countries, acceptance by military contracts, and other large vendors. The rate established are based upon the criteria established by the "hill". The rates charged for the service are in line with these guidelines. The rates are significantly below the rates charged by our federal counterparts. There is a portion paid by the plants to USDA Agricultural Marketing Service (AMS) for oversight of the Federal State Contract, this rate known as the "Administrative Charge" is set by "federal rule making" open for comment in the Federal Register and published in current CFR. Currently, it is set at .051/30 doz. eggs and .00039 per pound of poultry. The maximum administrative charge is $2,875, the minimum is $260.

Compliance costs for affected persons:

There are no additional compliance costs associated to the changes in this rule.

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

The changes being made to this rule will generate no additional costs. The department is adopting the applicable provisions in the CFRs editions listed in this rule. Leonard Blackham, Commissioner

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, Doug Pearson, or Kyle Stephens at the above address, by phone at 801-538-7114, 801-538-7144, or 801-538-7102, by FAX at 801-538-7126, 801-538-7169, or 801-538-7126, or by Internet E-mail at mleetham@utah.gov, dpearson@utah.gov, or kylestephens@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:

03/17/2006

This rule may become effective on:

03/18/2006

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-410. Grading and Inspection of Shell Eggs with Standard Grade and Weight Classes.

R70-410-1. Authority.

A. Promulgated under authority of Section 4-4-2.

B. 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 grading and inspection of shell eggs and the Standards, 7 CFR Part 56, [January 1, 2003 edition]January 1, 2005 edition, 21 CFR, 1 through 200, [April 1, 2001]April 1, 2003 edition; 9 CFR 590, [January 1, 2003]January 1, 2005 edition; and 7 CFR 59, [January 1, 2003 edition]January 1, 2005 edition.

KEY: food inspections

Date of Enactment or Last Substantive Amendment: December 16, 2003

Notice of Continuation: January 24, 2006

Authorizing, and Implemented or Interpreted Law: 4-4-2

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Marolyn Leetham, Doug Pearson, or Kyle Stephens at the above address, by phone at 801-538-7114, 801-538-7144, or 801-538-7102, by FAX at 801-538-7126, 801-538-7169, or 801-538-7126, or by Internet E-mail at mleetham@utah.gov, dpearson@utah.gov, or kylestephens@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.