No. 35662 (5-year Review): Rule R70-560. Inspection and Regulation of Cottage Food Production Operations

DAR File No.: 35662
Filed: 01/12/2012 09:33:46 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 4-5-9.5 (2)(a) indicates that the department shall adopt rules pursuant to Title 63G, Chapter 3, the Utah Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food supply; (b) Rules adopted pursuant to this Subsection (2) shall provide for: (i) the registration of cottage food production operations as food establishments under this chapter; (ii) the labeling of products from a cottage food production operation as "Home Produced"; and (iii) other exceptions to the chapter that the department determines are appropriate and that are consistent with Section 4-5-9.5.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The only comments received were several requests to give cottage food operations the option not to include the street address on the product labels.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is still required by the above referenced statute. It establishes the protocols for making and reviewing applications. It also sets the criteria for product labels and for processing area sanitation. Therefore, this rule should be continued.

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:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Richard Clark at the above address, by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

Authorized by:

Leonard Blackham, Commissioner

Effective:

01/12/2012

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