2006 Utah Code - 4-5-17 — Authority to make and enforce regulations.

     4-5-17.   Authority to make and enforce regulations.
     (1) The authority to promulgate regulations for the efficient enforcement of this act is vested in the department. The department is hereby authorized to make the regulations promulgated under this act conform, in so far as practicable, with those promulgated under the federal act.
     (2) Hearings authorized or required by this act shall be conducted by the department or by such officer, agent, or employee as the department may designate for the purpose.
     (3) All pesticide chemical regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug and Cosmetic Act are the pesticide chemical regulations in this state. However, the department may adopt a regulation which prescribes tolerance for pesticides in finished foods in this state whether or not in accordance with regulations promulgated under the federal act.
     (4) All food additive regulations and their amendments now or hereafter adopted under authority of the Federal Food, Drug and Cosmetic Act are the food additive regulations in this state. However, the department may adopt a regulation which prescribes conditions under which a food additive may be used in this state whether or not in accordance with regulations promulgated under the federal act.
     (5) All color additive regulations adopted under authority of the Federal Food, Drug and Cosmetic Act are the color additive regulations in this state.
     (6) All special dietary use regulations adopted under authority of the Federal Food, Drug and Cosmetic Act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations whether or not in accordance with regulations promulgated under the federal act.
     (7) All regulations adopted under the Fair Packaging and Labeling Act shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe package and labeling regulations for consumer commodities, whether or not in accordance with regulations promulgated under the federal act; provided, that no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to section 4 of the Fair Packaging and Labeling Act.
     (8) A federal regulation automatically adopted pursuant to this act takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations in publications prescribed by the department. A person who may be adversely affected by a regulation may, within 30 days after a federal regulation is automatically adopted, or within 30 days after publication of any other regulation, file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation.
     If no substantial objections are received and no hearing is requested within 30 days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least 60 days after the time for filing objections has expired.
     If timely substantial objections are made to a federal regulation within 30 days after it is automatically adopted or to a proposed regulation within 30 days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the

hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least 60 days after publication of the order.
     (9) Whenever a regulation is promulgated under authority of the Federal Food, Drug and Cosmetic Act establishing standards for food, the tolerances established by the department under this act shall immediately conform to the standards so established by the Federal Food and Drug Administration as herein provided and shall remain the same until such time as the department shall determine that for reasons peculiar to Utah a different regulation should be made to apply.

Enacted by Chapter 2, 1979 General Session