No. 32031 (Amendment): R68-2-3. Registration of Products

DAR File No.: 32031
Filed: 10/13/2008, 12:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to delete the reference of the dollar amount for the late fee for product registrations of $5 and insert language to reference that late fees are determined by the Department pursuant to Subsection 4-2-2(2).

Summary of the rule or change:

This amendment deletes the reference of the dollar amount for the late fee for product registrations of $5 and insert language to reference that late fees are determined by the Department pursuant to Subsection 4-2-2(2).

State statutory or constitutional authorization for this rule:

Section 4-12-3

Anticipated cost or savings to:

the state budget:

There are no additional costs to the state associated with the proposed rule amendment because the appropriation fee schedule is higher and will generate more revenue for the state.

local governments:

There are no additional costs to local government associated with the proposed rule amendment because this is a late fee increase for product registration which local government does not have.

small businesses and persons other than businesses:

According to the present rule, the Department's late fee for product registration is $5. However, the Department's appropriation fee schedule is $25. This would be a $20 increase to the small businesses that do not meet registration deadlines with the State of Utah.

Compliance costs for affected persons:

According to the present rule, the Department's late fee for product registration is $5. However, the Department's appropriation fee schedule is $25. This would be a $20 increase to the small businesses that do not meet registration deadlines with the State of Utah.

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

This change is in agreement with the fee schedule approved by the legislature for late product registrations. The late fees have increased over the years but this rule has not been updated accordingly. This change is being proposed to bring the rule in compliance with the approved legislative fee schedule. 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
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Kyle Stephens, Clair Allen, or Kathleen Mathews at the above address, by phone at 801-538-7102, 801-538-7180, or 801-538-7103, by FAX at 801-538-7126, 801-538-7189, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R68. Agriculture and Food, Plant Industry.

R68-2. Utah Commercial Feed Act Governing Feed.

R68-2-3. Registration of Products.

A. All commercial feeds and feed ingredients except those specifically exempted herein shall be officially registered annually with the Utah Department of Agriculture and Food.

1. Application for registration shall be made to the Department upon forms prescribed and provided by the Department and the applicant shall furnish all information requested thereon, being totally responsible for the accuracy and completeness of all required information.

2. A registration fee per product, determined by the department pursuant to Subsection 4-2-2(2) shall be paid by the applicant annually.

3. Each registration is renewable for a period of one year upon payment of the annual renewal fee per product, determined by the department pursuant to Subsection 4-2-2(2) which shall be paid on or before December 31 of each year. If the renewal of a commercial feed or feed ingredient registration is not filed prior to January 1 of any one year, an additional fee determined by the department pursuant to Subsection 4-2-2(2),[an additional fee of $5.00 per product] shall be assessed per product and added to the original registration fee and shall be paid by the applicant before the registration renewal for that commercial feed or feed ingredient shall be issued.

4. Whenever the name of a feed product is changed or there are changes in the product ingredients, a new registration shall be required. Other labeling changes shall not require registration, but the registrant shall submit copies of all changes to the Department as soon as they are effective. A reasonable time may be permitted to dispose of properly labeled stocks of the old product.

B. Any person who distributes customer-formula feed shall obtain a permit annually from the Department before distribution of such feeds.

1. Application for a customer-formula feed distribution permit shall be made to the Department upon forms prescribed and furnished by the Department accompanied by the annual renewal fee of $50.00.

2. Each renewal fee shall be paid on or before December 31 of each year. If the renewal fee for customer-formula feed distribution permit is not filed prior to January 1 of any one year, an additional fee determined by the department pursuant to Subsection 4-2-2(2),[an additional fee of $5.00] shall be assessed and added to the original permit fee and shall be paid by the applicant before the permit shall be issued.

 

KEY: feed contamination

Date of Enactment or Last Substantive Amendment: [December 16, 1997]2008

Notice of Continuation: September 6, 2005

Authorizing, and Implemented or Interpreted Law: 4-12-3