DAR File No. 30492

Agriculture and Food, Regulatory Services

R70-550-2

Adopt by Reference

NOTICE OF PROPOSED RULE

DAR File No.: 30492
Filed: 09/26/2007, 04:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are proposed in order to fix an error in the rule's original adoption on 08/07/2007.

Summary of the rule or change:

This amendment adopts the Food and Drug Administration (FDA) 2005 Model Code instead of the 2003 Model Code.

State statutory or constitutional authorization for this rule:

Title 4, Chapter 5

This rule or change incorporates by reference the following material:

USPHS Ordinance; National Shellfish Safety Program, Model Ordinance, 2005 edition

Anticipated cost or savings to:

the state budget:

None--This is simply an adoption of an updated code with no changes that will cost our budget.

local governments:

The rule places no responsibility on local government. There should be no cost or savings to local government.

small businesses and persons other than businesses:

None--This is simply an adoption of an updated code with no changes that will cost their budgets. The regulated community is already meeting these standards.

Compliance costs for affected persons:

The regulated community is already meeting these standards.

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

This rule is being implemented to bring the State in compliance with federal requirements that will enable Utah companies to market their products in interstate commerce. Failure to meet these requirements limits their ability to be competitive in the market place. Firms are required to be registered, which ranges from $20 - $280 depending on their size. Leonard 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:

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

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

Leonard M. Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-550. Utah Inland Shellfish Safety Program.

R70-550-2. Adopt by Reference.

Adoption of USPHS Ordinance; National Shellfish Safety Program, Model Ordinance. The Interstate shellfish shipper model ordinance: [2003]2005 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 shellfish safety

Date of Enactment or Last Substantive Amendment: [August 7], 2007

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