DAR File No. 29970

Agriculture and Food, Regulatory Services

R70-550

Utah Inland Shellfish Safety Program

NOTICE OF PROPOSED RULE

DAR File No.: 29970
Filed: 05/25/2007, 01:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes requirements for shellfish distributed from Utah to other states. It is a voluntary program to enable Utah companies to distribute shellfish to other states. This program will promote shellfish safety within the state of Utah and provide for industry participation in the National Shellfish Safety Program via the Interstate Shellfish Shippers Conference. The program provides for all phases of shellfish safety.

Summary of the rule or change:

This new rule establishes the program that will promote shellfish safety within the state of Utah and provide for industry participation in the National Shellfish Safety Program via the Interstate Shellfish Shippers Conference. The program provides for all phases of shellfish safety. The Interstate Shellfish Safety Conference Model Code Volume 2003 is adopted by reference.

State statutory or constitutional authorization for this rule:

Section 4-5-17

This rule or change incorporates by reference the following material:

The Interstate Shellfish Shipper Model Ordinance, 2003 edition

Anticipated cost or savings to:

the state budget:

This program is a voluntary program funded completely by user services fees charged to participating firms.

local governments:

There will be no cost to local government. Local government does not own or sell shellfish. Therefore, local government will not be impacted.

other persons:

Standards and regulation set by the National Shellfish Safety Program, Model Ordinance 2003. Enhances marketability of shellfish and shellfish products. It opens up the interstate market for Utah firms and provides a uniform method of regulation. This is a user-funded program with interested firms paying fees for services, certification, and ongoing program management. Fees will be charged in addition to existing registration fees, and will be designed to meet all costs associated with this program. As per Legislative mandate, fees will be proposed and submitted to the Legislature for approval. The Division anticipates the fees charged to participating firms will be offset by marketability of their shellfish products and the opportunity to participate in interstate commerce.

Compliance costs for affected persons:

There is no compliance cost. Participating firms will be required to pay a user fee to offset the cost of administration of the program. In addition, costs to business which choose to participate may include upgrade of equipment, facility, labeling, and food security.

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

The Department anticipates the fees charged to participating firms will be offset by enhanced marketability of their shellfish products and the opportunity to participate in interstate commerce and export programs. Only those businesses which participate will incur costs. Leonard M. Blackham, Commissioner

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

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Doug Pearson, Richard W Clark, or Kathleen Mathews at the above address, by phone at 801-538-7144, 801-538-7150, or 801-538-7103, by FAX at 801-538-7169, 801-538-7126, or 801-538-7126, or by Internet E-mail at dpearson@utah.gov, RICHARDWCLARK@utah.gov, or kmathews@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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Leonard M. Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-550. Utah Inland Shellfish Safety Program.

R70-550-1. Authority.

This rule is promulgated by the Division of Regulatory Services, within the Department of Agriculture and Food under authority of Section 4-5-17.

 

R70-550-2. Adopt by Reference.

Adoption of USPHS Ordinance; National Shellfish Safety Program, Model Ordinance. The Interstate shellfish shipper model ordinance: 203 edition Recommendations of the United States Public Health Service/Food and Drug Administration, is hereby adopted and incorporated by reference within this rule.

 

KEY: interstate shell fish safety

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 4-5-17