No. 35920 (5-year Review): Rule R70-530. Food Protection

DAR File No.: 35920
Filed: 03/07/2012 11:08:49 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:

Section 4-5-17 authorizes the Utah Department of Agriculture and Food (UDAF) to make and enforce rules. The department may adopt rules to efficiently enforce Title 4, Chapter 5, and if practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 USC Sec. 301 et seq. This statute gives UDAF the authority to adopt rules to enforce the Utah Wholesome Food Act.

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

No comments have been received supporting or opposing this rule.

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 critical to the effectiveness of the Utah Wholesome Food Act. The rule provides the necessary specific regulations for places that manufacture, store, transport, or sell food to keep the food safe for consumption. It minimizes the risk of food borne illness that can be conveyed in food. It provides a level playing field for the industry, both in Utah and in other states. 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:

03/07/2012

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