Utah Office of Administrative Rules

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Readopt

Filing ID: 57988

Rule or section number:

R70-520

1. Agency Information

Title catchline:

Agriculture and Food, Regulatory Services

Building:

Taylorsville State Office Buildings, South Bldg, Floor 2

Street address:

4315 S 2700 W

City, state:

Taylorsville, UT

Mailing address:

PO Box 146500

City, state and zip:

Salt Lake City, UT 84114-6500

2. Contact Persons

Name:

Phone:

Email:

Amber Brown

385-245-5222

ambermbrown@utah.gov

Camille Knudson

801-597-6010

camillek@utah.gov

Travis Waller

801-982-2250

twaller@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R70-520. Standard of Identity and Labeling Requirements for Honey

B. Purpose of the new rule or reason for the change:

The Department of Agriculture and Food (department) is filing a repeal and readopt of Rule R70-520 to consolidate multiple food commodity standards into a single, unified rule to enhance administrative clarity and simplify compliance for regulated entities.

This filing organizes previously separate standards for honey, shellfish, wheat, flour enrichment, and water vending under the primary authority of the Utah Wholesome Food Act, Section 4-5-104.

The change ensures that all commodity-specific requirements are consistently formatted and easily accessible in one location.

C. Summary of the new rule or change:

The department is repealing and readopting Rule R70-520, which is being restructured to consolidate standards previously found in Rules R70-550, R70-610, R70-620, and R70-630.

The proposed changes to Rule R70-520 remove redundant statutory definitions already found in Sections 4-5-102 and 4-5-502, and redundant mandates found in the Utah Wholesome Food Act.

Other key provisions of Rule R70-520 include:

1) Honey Labeling: Clarifies labeling requirements for "honey" and "raw honey".

2) Shellfish Safety: Incorporating by reference the most recent version of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish: 2023 Revision.

3) Enrichment of Flour and Cereal Products: Incorporating by reference the most recent version, January 2026, to the federal standards of identity for enriched flour and cereal products (21 CFR Part 137 and 21 CFR Part 139).

4) Water Vending Machine Operations: Consolidates and clarifies specific requirements for operators, including compliance with public water system rules, construction standards, treatment/disinfectant unit monitoring, and backflow prevention.

(EDITOR'S NOTE: The proposed repeals of Rule R70-550, ID 57989, Rule R70-610, ID 57990, Rule R70-620, ID 57991, and R70-630, ID 57992, 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:

A. State budget:

There are no anticipated incremental costs or savings to the state budget because the changes consolidate existing regulatory requirements and do not change them.

B. Local governments:

The department does not anticipate a fiscal impact on local governments because they do not oversee the program or are involved in it.

C. Small businesses ("small business" means a business employing 1-49 persons):

There are no anticipated incremental costs or savings to small businesses because the changes consolidate existing regulatory requirements and do not change them.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no anticipated incremental costs or savings to non-small businesses because the changes consolidate existing regulatory requirements and do not change them.

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):

This change results in no fiscal impact on other persons because it does not modify the existing standards.

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."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

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:

Section 4-5-104

Section 4-5-502

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)

Guide for the Control of Molluscan Shellfish

Publisher

National Shellfish Sanitation Program (NSSP); Food and Drug Administration (FDA)

Issue Date

2023

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)

Part 137 Cereal Flours and Related Products; Part 139 Macaroni and Noodle Products

Publisher

Food and Drug Administration (FDA); Department of Health and Human Services

Issue Date

January 1, 2026

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:

07/01/2026

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)

07/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Kelly Pehrson, Commissioner

Date:

05/15/2026

R70. Agriculture and Food, Regulatory Services.

[R70-520. Standard of Identity and Labeling Requirements for Honey.

R70-520-1. Authority and Purpose.

(1) Sections 4-2-103, 4-5-104, and 4-5-502 authorize the department to adopt rules to enforce Title 4, Chapter 5, Utah Wholesome Food

Act and establish labeling requirements for food designated as raw honey.

(2) This rule establishes a standard of identity and labeling requirements for honey that is produced, packed, repacked, distributed, and

sold in Utah. Codification of this standard is meant to reduce economic fraud by controlling the pervasive, illegal practices of blending or diluting

pure honey with low-cost syrups such as sugar, cane, and corn, and representing highly processed honey as raw honey.

R70-520-2. Definitions.

(1) "Honey" means the natural sweet substance produced by honeybees from nectar of plants or from secretions of living parts of plants

that the bees collect, transform by combining with specific substances of their own, then deposit, dehydrate, store, and leave in the honeycomb to

ripen and mature.

(2) "Blossom Honey" or "Nectar Honey" means honey that comes from the nectar of plants.

(3) "Comb" or "Comb honey" means honey stored by bees in the cells of freshly built broodless combs and sold in sealed whole combs or

sections of combs.

(4) "Raw honey" means honey:

(a) as it exists in the beehive or as obtained by extraction, settling, or straining;

(b) that is minimally processed; and

(5) "Straining" means the process of removing particulate matter from honey by passing it through a metal or fabric screen or cloth with

mesh large enough to pass pollen grains, enzymes and minerals.

(6) "Department" means the Utah Department of Agriculture and Food.

R70-520-3. Standard of Identification for Honey.

(1) Honey shall meet the following standards:

(a) honey may not be heated or processed to an extent that its essential composition is changed or its quality is impaired;

(b) chemical or biochemical treatments may not be used to influence honey crystallizations;

(d) honey may not be less than 60% fructose and glucose, combined and the ratio of fructose to glucose shall not be greater than 0.9;

(e) honey may not contain oligaosaccharides indicative of invert syrup; and

(f) honey, except for honeycomb and cut comb style honey, may not contain more than 0.5g/1000g water insoluble solids.

R70-520-4. Standard of Identification for Blossom Honey.

(1) Blossom honey shall meet the standards for honey in Section R70-520-3;

(2) Blossom honey shall not contain more than 5% sucrose, except for the following:

(a) Alfalfa (Medicago sativa);

(b) Citrus spp;

(d) French Honeysuckle (Hedysarum coronarium);

(e) Menzies Banksias (Banksia menziesii);

(f) Red Gum (Eucalyptus camaldulensis);

(g) Leatherwood (Eucalyptus lucida);

(h) Eucryphia milligani, which may contain up to 10% sucrose; and

(i) Lavender (Lavandula spp) and Borage (Borago officinalis), which may contain up to 15% sucrose.

R70-520-5. Food Labeled as Honey or Raw Honey.

(1) Food meeting the standards set forth in Sections R70-520-3 and R70-520-4 may be designated "honey."

(2) The food may be labeled as "raw honey" if it additionally meets the requirements of Section R70-520-2.

(3) Food containing honey plus flavoring, spice, or food additive shall be distinguished in the food name from honey by declaration of

each of the added ingredients.

(4) Food containing honey may be designated according to floral or plant source if the honey comes predominately from that particular

source and has the organoleptic, physicochemical and microscopic properties corresponding with that origin.

(a) Food designated according to the honey's floral source plant shall have the common name or the botanical name of the floral source in

proximity on the label to the word "honey."

(5) Honey may be designated according to the following styles:

(a) honey in liquid or crystalline state or a mixture of the two may be designated as "liquid" or "crystalline;"

(b) honey meeting the definition of "comb" or "comb honey;" or

(6) Labels shall meet the requirements of Section 4-5-201.

R70-520-6. Misbranded Food.

Food labeled as a honey or raw honey, but not meeting the standard of identification or a labeling requirement in Sections R70-520-3

through R70-520-5 is considered misbranded.

R70-520-7. False Food Advertisement.

Food advertised as honey or raw honey shall be considered falsely advertised if it does not meet the standard of identification or a labeling

requirement in Sections R70-520-3 through R70-520-5.

R70-520-8. Embargo and Destruction of Misbranded Food.

When an authorized agent of the department finds or has cause to believe a honey product is misbranded, the agent may follow the tagging,

embargo, and destruction procedures found in Section 4-5-202.]

R70-520. Wholesome Food Standards.

R70-520-1. Authority and Purpose.

(1) Section 4-5-104 authorizes this rule.

(2) The department establishes these standards of identity, operational requirements, and labeling standards for specific food commodities

to ensure food safety and prevent economic fraud.

R70-520-2. Definitions.

Definitions in Sections 4-5-102 and 4-5-502 and the following terms apply to this rule:

(1) "Blossom honey" or "Nectar honey" means honey that comes from the nectar of plants.

(2) "Cleaned wheat" means field wheat containing not more than 1.0% inert and foreign material and not more than 5.0% shrunken and

broken kernels.

(3) "Comb honey" means honey stored by bees in the cells of freshly built broodless combs and sold in sealed whole combs or sections.

(4) "Field wheat" means the grain of common, club, or durum wheat which, after removal of dockage, consists of 50% or more of one of

these wheats.

(5) "Table cleaned wheat" means field wheat containing not more than 0.5% inert and foreign material and not more than 5.0% shrunken

and broken kernels.

(6) "Water vending machine" means a self-service device that, upon insertion of payment, dispenses unit servings of water in bulk without

the necessity of replenishing the device between each vending operation.

R70-520-3. Honey Standards and Labeling.

(1) A person may not label a food as "honey" or "raw honey" if it contains any added sweetener, flavoring, coloring, or other food additive.

(2) A person shall ensure that food labeled as "honey" or "raw honey" meets the composition standards described in Section 4-5-502.

(3) A person may sell a food product that combines honey with other ingredients, such as flavorings, spices, or sweeteners, provided that

the person:

(a) distinguishes the product from "honey" by using a descriptive name that accurately identifies the added ingredients, including:

(i) honey blend;

(ii) flavored honey; or

(iii) honey with the name of the ingredient; and

(b) declares all added ingredients in the ingredient statement in accordance with 21 CFR Part 101.

(4) A person shall label honey and honey products in accordance with the following federal and state requirements:

(a) 21 CFR Part 101, Food Labeling;

(b) 21 CFR Section 102.5, Common or usual name for nonstandardized foods; and

R70-520-4. Shellfish Safety.

(1) The department incorporates by reference the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan

Shellfish: 2023 Revision.

(2) A person who offers shellfish for sale in Utah shall comply with the requirements of the NSSP Guide.

R70-520-5. Wheat Standards and Retail Labeling.

(1) A process shall label wheat intended for human consumption as one of the following based on the standards in Section R70-520-2:

(a) field wheat;

(b) cleaned wheat; or

(2) A processor may not sell wheat for human consumption that does not meet the "Cleaned Wheat" standard.

(3) A processor shall ensure that wheat packaged for retail sale complies with the labeling requirements of 21 CFR Part 101.

R70-520-6. Enrichment of Flour and Cereal Products.

(1) The department incorporates by reference the federal standards of identity for enriched flour and cereal products in 21 CFR Part 137

and 21 CFR Part 139.

(2) A person may sell an unenriched counterpart of a flour or cereal product at retail only if the principal display panel prominently shows

the word "unenriched" in a type size at least one-half the height of the product name.

(3) A person who sells flour to a distributor or processor shall provide a certificate assuring that the final product conforms to these

enrichment standards.

R70-520-7. Water Vending Machine Operations.

(1) An operator shall comply with the following source and construction requirements:

(a) vended water shall be obtained only from a public water system that complies with the Department of Environmental Quality safe

drinking water rules;

(b) a water vending machine shall comply with the construction and performance standards of the National Sanitation Foundation (NSF) or

the National Automatic Merchandising Association (NAMA);

(c) an operator shall equip each machine with a monitoring device that shuts down the machine's operation if the treatment or disinfectant

unit fails; and

(d) a machine shall have a backflow prevention device for every connection to a water supply.

(2) An operator shall maintain a water vending machine according to the following standards:

(a) clean and sanitize the vending area and nozzle of each machine at least once every 14 days;

(b) maintain a cleaning and maintenance log for each machine and make the log available for department inspection; and

(3) If a microbiological sample is positive for coliform, an operator shall immediately:

(a) stop operation of the machine;

(b) sanitize the machine; and

(4) An operator shall display the following labeling and identification information:

(a) the source of the water;

(b) the specific method of treatment used, such as reverse osmosis, carbon filtration, or ultraviolet light; and

R70-520-8. Compliance and Enforcement.

(1) Food that does not meet the standards of identity or labeling requirements of this rule is misbranded.

(2) The department may follow the tagging, embargo, and destruction procedures in Section 4-5-202 for any product in violation of this

rule.

KEY: food safety, honey, wheat, flour enrichment, shellfish safety program, water vending machines, labeling

Date of Last Change: 2026[June 1, 2022]

Notice of Continuation: March 21, 2022

Authorizing, and Implemented or Interpreted Law: 4-2-103, 4-5-104, 4-5-502

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Rule 520: Wholesome Food Standards