NOTICE OF SUBSTANTIVE CHANGE
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:
R70-350. Ice Cream and Frozen Dairy Foods Standards
B. Purpose of the new rule or reason for the change:
The Department of Agriculture and Food (department) is repealing this rule as part of a larger effort to simplify Utah's dairy regulations.
After reviewing the department rules, the department determined that maintaining a separate rule for tester licensing was redundant.
The relevant licensing procedures and proficiency requirements are incorporated into the proposed changes for R70-320, Manufactured Dairy Products.
C. Summary of the new rule or change:
This filing repeals this rule in its entirety.
(EDITOR'S NOTE: The proposed repeal and readopt of Rule R70-320, ID 57984, is 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 move them to Rule R70-320.
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 small businesses because the requirements are not changing, only moving to Rule R70-320.
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 they are moved to Rule R70-320.
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 move 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:
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.
[R70-350. Ice Cream and Frozen Dairy Foods Standards. R70-350-1. Purpose and Authority. (1) Promulgated under the authority of Section 4-3-201. (2) This rule shall apply to any frozen dairy foods and frozen dairy food mixes sold, bought, processed, manufactured, or distributed within Utah. (3) This rule establishes labeling requirements, the qualifications for adulteration and misbranding, and bacterial quality, pasteurization, and sanitation standards for ice cream and frozen dairy food products. (1) "3-A sanitary standards and accepted practice" means the same as that term is defined in 7 CFR 58.101. 
