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PA Bulletin, Doc. No. 18-1450




[ 7 PA CODE CH. 39 ]

Frozen Desserts Standards; Intent to Rescind

[48 Pa.B. 5742]
[Saturday, September 15, 2018]

 The Department of Agriculture (Department) intends to rescind 7 Pa. Code Chapter 39 (relating to frozen desserts standards). Chapter 39 was promulgated under authority of The Frozen Dessert Law (act) (31 P.S. §§ 417-1— 417-14).

 The subject matter of Chapter 39 is addressed by other statutes and regulations administered by the Department, including 3 Pa.C.S. §§ 5701—5714 (relating to Retail Food Facility Safety Act), 3 Pa.C.S. §§ 5721—5737 (relating to Food Safety Act) and the Milk Sanitation Law (31 P.S. §§ 645—660g).

 The act authorizes the Department to promulgate regulations as necessary to carry out the provisions and intent of that statute, but requires this be done ''after public hearing.'' (31 P.S. § 417-9(b)). In this instance—where the Department seeks to rescind an outdated regulatory chapter the subject matter of which is addressed by other Department-administered statutes and regulations—the Department believes convening a public hearing on the proposed regulatory rescission would be unnecessary and contrary to the public interest.

 The Department hereby provides notice of its intention to rescind Chapter 39 without first convening a public hearing. The Department will consider any request for a public hearing that is made in writing and delivered by Friday, October 5, 2018, to the Department of Agriculture, Legal Office, 2301 North Cameron Street, Harrisburg, PA 17110.


[Pa.B. Doc. No. 18-1450. Filed for public inspection September 14, 2018, 9:00 a.m.]

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