NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Agriculture and Food, Marketing and Development
Taylorsville State Office Buildings, South Bldg, Floor 2
Salt Lake City, UT 84114-6500
2. Contact Persons
Carolinescheidell@Utah.gov
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
B. Purpose of the new rule or reason for the change:
The Department of Agriculture and Food (department) is revising this rule to align with current program practices.
Utah's Own has expanded to include tiered participation options, including memberships, partnerships, and sponsorships.
Readopting this rule establishes clear definitions, eligibility criteria, logo usage standards, and procedures for all participating entities to accurately reflect how the program operates.
C. Summary of the new rule or change:
This filing repeals the current version of this rule and readopts a revised rule to match how the program operates today.
The readopted rule establishes definitions, membership eligibility, application steps, and one-year renewal terms for an expanded tier setup including members, partners, and sponsors.
It also sets clear product eligibility standards and explicitly excludes products including dietary supplements, cannabinoid, and kratom products.
Finally, this rule outlines the usage for the trademarked Utah's Own logo, requires separate memberships for individual brand or DBA names, and sets clear procedures for membership denials, revocations, and department discretion.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The filing does not impact on the state's budget because the department currently administers the program under these changes.
This filing will not have an impact on local governments because they do not administer or participate in the program.
C. Small businesses ("small business" means a business employing 1-49 persons):
The filing does not have an impact on small businesses because the program currently operates under the proposed changes and the current approved fees.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed rule will not have an impact on non-small businesses because the program currently operates under the proposed changes and current approved fees.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The proposed changes will not have an impact on other persons because the program currently operates under the proposed changes.
F. Compliance costs for affected persons:
The compliance costs for the program are not changing.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Kelly Pehrson, Commissioner
R65. Agriculture and Food, Marketing and Development.
R65-13-1. Authority and Purpose. (b) large retail food establishments;(c) nonprofit organizations; (e) educational institutions; (g) agricultural support businesses; (h) governmental entities; and (i) other organizations that the department determines advance the purposes of the program. (3) Partnership does not constitute membership in the program. (4) The department may authorize a partner to use the Utah's Own logo or participate in promotional activities as provided in department guidelines. R65-13-7. Utah's Own Sponsors. (1) The department may designate an entity as a sponsor if the entity provides financial support to the program through an approved sponsorship fee. (2) The department may provide sponsor promotional recognition in accordance with department guidelines. (3) Designation as a sponsor does not: (a) confer member or partner status in the program; or (b) imply department endorsement of the sponsor's products or services. R65-13-8. Marketing Support. (1) The department may provide marketing support to Utah's Own members at its sole discretion. (2) In allocating promotional opportunities, the department may prioritize a member that utilizes locally produced agricultural products. R65-13-9. Membership Denial, Revocation, and Renewal. (1) The department may deny or revoke membership if an applicant or member: (a) no longer meets eligibility requirements; (b) provides false information to the department; (c) violates applicable law or this rule; (d) violates an agreement with the department; or (e) maintains business name, branding, products, advertising, marketing, or business practices that are inconsistent with the purposes of the program or may reasonably damage the reputation or credibility of the program or the department. (2) To renew membership, a member shall pay the program fee before the membership expiration date. R65-13-10. Department Authority. (1) Participation in the Utah's Own program is a privilege extended at the discretion of the department to further the purposes of the program. (2) The department retains sole discretion to: (a) determine eligibility; and (b) approve a member, partner, sponsor, eligible products, or the use of the logo. (3) The department may establish guidelines, application requirements, logo standards, eligibility criteria, marketing standards, and other procedures consistent with this rule. KEY: Utah's Own program, membership, partnerships, sponsorship, logo, marketing support[ in Utah's Own program] Date of Last Change: [May 28, 2020]2026 Notice of Continuation: August 31, 2022
Authorizing, and Implemented or Interpreted Law: 4-8-104(5)
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