Agriculture and Food

Regulatory Services

Rule 610: Uniform Retail Wheat Standards of Identity

Effective Date:

Admin. Code Reference: R70-610

Rule Type:

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal

Filing ID: 57990

Rule or section number:

R70-610

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:

R70-610. Uniform Retail Wheat Standards of Identity

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 comprehensive regulatory consolidation initiative to enhance clarity and align with Title 4, Chapter 5, Utah Wholesome Food Act.

To improve administrative efficiency, the requirements for retail wheat standards of identity, formerly found in this rule, are being relocated without substantive change into a single, unified rule: R70-520, Wholesome Food Standards.

This consolidation reduces the number of individual rules stakeholders must reference while maintaining all existing safety and operational standards while enhancing clarity by also removing redundant information found in the statute.

C. Summary of the new rule or change:

This filing repeals the rule in its entirety.

(EDITOR'S NOTE: The proposed repeal and readopt of Rule R70-520, ID 57988, 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:

A. State budget:

This repeal creates no fiscal impact on the state budget because the department relocates the existing requirements to Rule R70-520.

B. Local governments:

This repeal results in no fiscal impact on local governments because the standards moved to Rule R70-520.

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

This repeal imposes no new costs on small businesses because it moves existing compliance requirements to a consolidated rule.

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

This repeal creates no fiscal impact for non-small businesses, as the current requirements have been moved to Rule R70-520.

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 4-5-207

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.

[R70-610. Uniform Retail Wheat Standards of Identity.

R70-610-1. Authority.

Promulgated under Sections 4-2-102; 4-5-104; 4-5-207.

R70-610-2. Definitions.

A. "Field Wheat" shall mean the grain of common wheat, club wheat, and durum wheat which before the removal of inert and foreign

material (dockage) consists of 50 percent of one of these wheats and not more than 10 percent of other grains for which standards have been

established by the United States Grain Standards Act and which, after removal of inert and foreign material contains 50 percent or more of whole

kernels of one or more of these wheats.

B. "Rough Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than 2.0 percent inert and foreign

material, not more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat

unwholesome or harmful to health.

C. "Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than 1.0 percent inert and foreign material, not

more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat

unwholesome or harmful to health.

D. "Table Cleaned Wheat" shall mean field wheat which has been cleaned and contains not more than .5 percent inert and foreign material,

not more than 5.0 percent shrunken and broken kernels and no poisonous or deleterious substance or other material that would render wheat

unwholesome or harmful to health.

E. "Hard Red Winter Wheat" shall mean all subclasses and varieties of hard red winter wheat with not more than 3 percent other classes of

wheat.

F. "Hard Winter Wheat" shall mean all subclasses and varieties of hard red and white winter wheats with not more than 3 percent other

classes of wheat.

G. "Hard Red Spring Wheat" shall mean all subclasses and varieties of hard red spring wheat with not more than 3 percent other classes of

wheat.

H. "Soft Red Winter Wheat" shall mean all subclasses and varieties of soft red winter wheat, with not more than 3 percent other classes of

wheat.

I. "Hard Red Wheat or Hard Red Wheat Blend" shall mean blended wheat of all subclasses and varieties of hard red winter wheat and hard

red spring wheat, with not more than 3 percent other classes.

J. "Wheat Mix" shall mean all subclasses and varieties of hard red winter wheat and hard red spring wheat mixed with soft wheats.

K. "White Wheat" shall mean all subclasses and varieties of white wheat with not more than 3 percent other classes of wheat.

L. "Hard Red and White Wheat Blend" shall mean all subclasses and varieties of hard red wheat mixed with any subclass and variety of

hard white wheat.

M. "Damaged Kernels" shall mean kernels and pieces of kernels of wheat which are heat damaged, sprouted, frosted, badly ground

damaged, badly weather damaged, moldy, diseased, or otherwise materially damaged.

N. "Inert and Foreign Material or Dockage" shall mean all weed seeds, weed stems, shaff, straw, grain other than wheat, sand, dirt, dead

insects or any other material that can be readily removed from wheat by the use of sieves and cleaning devices.

O. "Poisonous or Deleterious Substances" shall mean all smuts, ergots, poisonous weed seeds, pesticides, live insects, rodent excreta, or

other material or substances that would render wheat unwholesome or harmful to health.

P. "Adulteration" shall be defined as outlined in the Utah Wholesome Food Act, Section 4-5-202.

Q. "Misbranded" shall be defined as outlined in the Utah Wholesome Food Act, Section 4-5-201.

R. "Shrunken and Broken Kernels" shall mean all kernels and pieces of kernels of wheat and other matter that will readily pass through a

0.064 x 3/8 oblong hole sieve.

S. "F.P.L.A." shall mean the Fair Packaging and Labeling Act.

R70-610-3. Labeling.

Packaged wheat that is intended for sale directly to consumers and not intended for further processing, labeling, or repackaging in a food

processing establishment must be labeled according to 21 USC 343, known as F.P.L.A., the Nutrition Labeling and Education Act of 1990.

R70-610-4. Special Labeling Standards for Wheat.

Wheat that is intended for sale directly to consumers and not intended for processing, labeling, or repacking in a food processing

establishment must be labeled in addition to F.P.L.A. labeling with

A. Class of Wheat, i.e., hard red winter wheat, hard winter wheat, hard red spring wheat, hard spring wheat, soft red winter wheat, white

wheat, hard red wheat or hard red blend wheat mix, and hard red and white wheat blend.

B. The type of Cleaning Standard Met, i.e. field wheat (no cleaning), rough cleaned wheat, cleaned wheat, or table cleaned wheat.

R70-610-5. General.

A. If the wheat contains less than 11 percent moisture, it may be labeled low moisture wheat.

B. If the germination of the wheat is 85 percent or more, the term "germination not impaired" may be used.

C. All claims made on the label must be met by the processor.

D. Wheat must be processed, packaged, and stored in such a manner that the product will not become adulterated.

E. Wheat cleaning facilities and products must be in compliance with Title 4, Chapter 5 and R70-530.

KEY: food inspection

Date of Last Change: 1987

Notice of Continuation: March 26, 2025

Authorizing, and Implemented or Interpreted Law: 4-2-102; 4-5-104; 4-5-207]

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