Administrative Rule Review Report  #AR09-067

Legislative Service Office

10-Nov-09

AGENCY: Department of Agriculture.

DATE SUBMITTED: October 30, 2009.

SUBJECT: Chapter 1, Purpose, Variances, Definitions, Demonstration of Knowledge, and Health Status; Chapter 2, Requirements for Plan Submission, License Application and Issuance, Inspection; Chapter 3, Food Care; Chapter 4, Labeling; Chapter 5, Personal Hygiene; Chapter 10, Hazard Analysis and Critical Control Points (HACCP); Chapter 11, Bottled Water Requirements; and Chapter 14, Federal Regulations.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 35-7-120(a), 35-7-123(a)(iii) and 35-7-127(c)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  The new rules generally update the agency rules in response to 2009 HB0016, cottage food industry and to remain current with the United States Department of Agriculture Food and Drug Model Food Code.  The rules revise several definitions and define cottage food business, farmers market, function and not potentially hazardous food.  The rules move the references to the adoption of federal regulations from Chapter 1 Section 17 to a new Chapter 14.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Maxine R. Weaver

Staff Attorney

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Lynda G. Cook

Staff Attorney