No. 36488 (5-year Review): Rule R65-5. Utah Red Tart and Sour Cherry Marketing Order

DAR File No.: 36488
Filed: 07/12/2012 01:35:56 PM

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:

Promulgated under authority of Subsection 4-2-2(1)(e), authorized under the Commissioner of Agriculture and Food of the State of Utah, that this order continue as originally established to maintain and expand Utah's red tart and sour cherry industry and that the producers shall be subject to the terms and provisions of this order. Subsection 4-2-2(1)(3) authorizes the department to issue orders governing market conditions for agricultural products.

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

There have been no written comments received supporting this rule 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 red tart and sour cherry producers of Utah are subject to weather and pricing volatility beyond their control. This marketing order helps provide stability to the industry by providing a venue where all producers can sell their product cooperatively by combining their production of red tart and sour cherries to secure greater share in the market place and demand a higher price. 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
Marketing and Development
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]
• Jed Christenson at the above address, by phone at 801-538-7108, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

Authorized by:

Leonard Blackham, Commissioner

Effective:

07/12/2012

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