DAR File No. 32014

Agriculture and Food, Regulatory Services

R70-310

Grade A Pasteurized Milk

NOTICE OF PROPOSED RULE

DAR File No.: 32014
Filed: 10/09/2008, 12:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to update the rule to adopt the 2007 Pasteurized Milk Ordinance (PMO) by reference.

Summary of the rule or change:

Rule R70-310 provides for the adoption by reference of FDA's document, the Pasteurized Milk Ordinance (PMO), allowing it to become the regulatory language for regulating the dairy industry in the State of Utah. This change updates the PMO to the 2007 edition.

State statutory or constitutional authorization for this rule:

Section 4-3-2

Anticipated cost or savings to:

the state budget:

Changes to the 2007 PMO do not impact numbers of inspections nor frequency of inspections and so it is anticipated that there would be no aggregate cost or savings due to this rule amendment to the state budget.

local governments:

There is no work mandated for local government in the PMO.

small businesses and persons other than businesses:

Small business lobbyists have reviewed the 2007 PMO and believe there is no negative fiscal impact.

Compliance costs for affected persons:

National Dairy Leaders representing small and large dairy facilities have reviewed and evaluated the 2007 PMO and have concluded that there is no increase in costs to their industry.

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

National Dairy Leaders representing small and large dairy facilities have reviewed and evaluated the 2007 PMO and have concluded that there is no increase in costs to their industry. 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:

Don McClellan, Kathleen Mathews, Richard W Clark, or Kyle Stephens at the above address, by phone at 801-538-7145, 801-538-7103, 801-538-7150, or 801-538-7102, by FAX at 801-538-7126, 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at dmcclellan@utah.gov, kmathews@utah.gov, RICHARDWCLARK@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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Leonard M. Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-310. Grade A Pasteurized Milk.

R70-310-2. Adoption of USPHS Ordinance.

The Grade A Pasteurized Milk Ordinance, [2005]2007 Recommendations of the United States Public Health Service/Food and Drug Administration, is hereby adopted and incorporated by reference within this rule. This document is available for public inspection, during normal working hours, and may be reviewed at the main office of the Utah Department of Agriculture and Food, 350 No. Redwood Road, SLC, UT 84116.

 

R70-310-4. Penalty.

Violation of any portion of the Grade A Pasteurized Milk Ordinance [2005]2007 recommendation may result in civil or criminal action, pursuant to Section 4-2-15.

 

KEY: [food]dairy inspections

Date of Enactment or Last Substantive Amendment: [July 2, 2004]2008

Notice of Continuation: July 9, 2004

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