Administrative Rule Review Report  #AR11-034

Legislative Service Office

1-Aug-11

 

AGENCY:                                       Department of Agriculture.

 

DATE SUBMITTED:                     July 26, 2011.

 

SUBJECT:                                       Chapter 14, Federal Regulations.

 

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 35-7-120

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date. 

 

SUMMARY OF RULES:  The Department of Agriculture is charged with oversight and implimentation of the Wyoming Food, Drug and Cosmetics Safety Act.  These rules amend the Chapter 14, Federal Regulations to include additional citations to federal rules and regulations.  Incorporation is required as result of federal regulations which require states to adopt rules and regulations that are "at least equal to" the protections and requirements present in the federal regulations on food, drug and cosmetic saftey.  See C.F.R. Title 9, Part 300 et seq.

 

The amendments specifically incorporate standards related to labling requirements for color additives, common or unusual names for nonstandardized foods, and nutritional quality guidelines for foods.  In addition, they address emergency permit requirements, unavoidable contaminants in food for human consumption and manufacturing, packaging, labeling and holding operations for dietary supplements.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.   

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency. 

 

 

 

                                                                        _______________________

                                                                        Tania Hytrek

                                                                        Staff Attorney

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

TSH/