NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Agriculture and Food, Regulatory Services
Taylorsville State Office Buildings, South Bldg, Floor 2
Salt Lake City, UT 84114-6500
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R70-310. Grade A Pasteurized Milk
B. Purpose of the new rule or reason for the change:
The Department of Agriculture and Food (department) is reenacting this rule as part of a larger effort to simplify Utah's dairy regulations.
After reviewing the department rules, the department determined that consolidating Grade A requirements would reduce redundancy and enhance clarity.
The important requirements previously found in Rules R70-360 and R70-380 are now incorporated into this single rule. These revisions align Rule R70-310 with the Rulewriting Manual for Utah and provide all Grade A production and licensing standards in one rule.
C. Summary of the new rule or change:
The department is repealing and readopting Rule R70-310 to consolidate Grade A dairy requirements into a single, comprehensive rule.
This filing incorporates relevant licensing and production standards previously found in Rules R70-360 and R70-380. Key changes include updating the incorporation by reference to the 2023 Revision of the Grade "A" Pasteurized Milk Ordinance (PMO) and its associated national procedures.
The readopted rule also centralizes professional licensing for pasteurizers, haulers, and testers, clarifies that federal raw milk restrictions do not apply under Utah law, and refines administrative procedures for permit suspensions and reinstatements.
These updates modernize this rule and improve regulatory efficiency without changing existing compliance obligations for producers.
(EDITOR'S NOTE: The proposed repeals of Rule R70-360, ID 57982, and R70-380, ID 57983, are in this issue, June 1, 2026, of the Bulletin.)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The proposed changes will not have an impact on the state's budget because the proposed changes do not change the requirements, only clarify and consolidate them.
The proposed changes 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 proposed changes will not affect on small businesses because the requirements are not changing, only being clarified.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed changes will not have an impact on non-small businesses because the changes only clarify the requirements.
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 changes only clarify them.
F. Compliance costs for affected persons:
The compliance costs 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:
10. Incorporation by Reference Information Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables): A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Grade A "Pasteurized Milk Ordinance" (PMO)
U.S. Public Health Service and the U.S. Food and Drug Administration
B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments
U.S. Department of Health and Human Services (HHS), Division of Plant and Dairy Food, and the Food and Drug Administration (FDA)
C. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers
US Food and Drug Administration (FDA)
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
R70. Agriculture and Food, Regulatory Services.
[R70-310. Grade A Pasteurized Milk. R70-310-1. Purpose and Authority. (1) Promulgated Under the Authority of Subsection 4-2-103(1)(i). (2) This rule shall apply to any Grade A pasteurized milk products sold, bought, processed, manufactured, or distributed within the Utah. (3) This rule adopts United States Public Health Service (USPHS) and Food and Drug Administration ordinances, procedures, and methods regarding Grade A Pasteurized Milk and establishes penalties for violations of this rule. R70-310-2. Adoption of USPHS Ordinance. (1) The 2019 revision of "The Grade A Pasteurized Milk Ordinance, Recommendations of the United States Public Health Service/Food and Drug Administration" is incorporated by reference into this rule. (2) The 2017 revision of "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments," is incorporated by reference into this rule. (3) The 2017 revision of "Methods of Making Sanitation Ratings of Milk Shippers," is incorporated by reference into this rule. (4) These documents are available for public inspection, during normal working hours, and may be reviewed at the main office of the Utah Department of Agriculture and Food, 4315 South 2700 West, TSOB South Bldg, Floor 2, Taylorsville, UT 84129-2128. R70-310-3. Regulatory Agency Defined. The definition of "regulatory agency" as given in section 1(YY) of the Grade A Pasteurized Milk Ordinance means the Commissioner of the Utah Department of Agriculture and Food or the commissioner's authorized representative. Violation of any portion of the USPHS Grade A Pasteurized Milk Ordinance may result in civil or criminal action, pursuant to Section 4-2-304.] R70-310. Grade A Pasteurized Milk and Milk Products. R70-310-1. Authority and Purpose. (1) This rule is promulgated under the authority of Section 4-3-201. (2) This rule establishes the sanitary, production, and processing standards for Grade A pasteurized milk and milk products. (3) This rule adopts federal ordinances and regulations to ensure uniformity with national standards for the interstate shipment of Grade A milk and milk products. (1) This rule uses terms defined in Title 4, Chapter 3, Utah Dairy Act. (2) In addition, "Regulatory Agency" as stated in Section 1(YY) of the Pasteurized Milk Ordinance means the Commissioner of the Utah Department of Agriculture and Food or the Commissioner's authorized representative. R70-310-3. Grade A Pasteurized Milk and Milk Products.(1) The department incorporates by reference the 2023 Revision of the Grade A Pasteurized Milk Ordinance (PMO) with the following exceptions: (a) Section 9 of the PMO is excluded to the extent that it prohibits the sale of raw milk to the final consumer; and (b) if the PMO conflicts with Section 4-3-601 regarding the sale of raw milk, Section 4-3-601 prevails. (2) The department incorporates by reference the 2023 revisions of: (a) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments; and (b) Methods of Making Sanitation Ratings of Milk Shippers. R70-310-4. Licenses, Permits, and Fees. (1) Per Section 4-3-301, a person must obtain a permit from the department before engaging in the following activities: (a) operating a Grade A dairy processing plant or farm; or (b) engaging in the wholesale distribution of Grade A dairy products. (2) An individual must obtain a valid license from the department before performing these professional duties: (a) operating a pasteurization system; (b) sampling and hauling Grade A farm bulk milk; or (c) testing Grade A milk for payment or regulatory compliance. (3) The department's fee schedule shall determine the fees for permits, licenses, and renewals. (4) A professional license issued to an individual expires annually on December 31. R70-310-5. Enforcement and Reinstatement. (1) The department shall issue a written notice of intent to suspend a permit when two of the last four consecutive bacterial estimates, coliform determinations, cooling temperatures, or somatic cell counts exceed the limit. (2) The department shall initiate suspension if three of the last five bacterial estimates, coliform determinations, or cooling temperatures, or two of the last four somatic cell counts, exceed the limit. (3) A producer shall immediately stop all milk shipments upon a positive drug residue finding and may only resume shipment after a certified laboratory, approved by the department, confirms a negative test result. KEY: dairy inspections, Grade A, pasteurized milk, PMO Date of Last Change: 2026[August 1, 2022] Notice of Continuation: April 12, 2024
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i)
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