901:3-21-01 Registration and fees.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Agriculture

Agency Name

 

Food Safety                                                          Howard Henry

Division                                                                  Contact

 

8995 East Main Street Reynoldsburg OH 43068-3399

614-728-6390

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

901:3-21-01

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Registration and fees.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3715.02, 3715.041

5.  Statute(s) the rule, as filed, amplifies or implements: 3715.041

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The rule is being amended so that food processing establishments that are exempt from registration fees are also exempt from the registration requirement. The rule is also being amended to add late fees for failure to register as required.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Added section exempting certain food processing establishments from the

registration requirements. Fees are now listed prior to late fees, and a table of late fees has been added.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Rule body was modified to be in line with what is allowed by the statutory authority.

12. 119.032 Rule Review Date: 1/29/2015

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase

/decrease either revenues/ expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will decrease revenues.

$112,100

The decrease in late fees, both through the capping of the fees at $50 and the elimination of late fees for those who do not register, will lead to a decrease in revenue. See the calculations in the answer to question 15 for a complete analysis. This decrease is based on late fees as they would be calculated for 2011.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The proposed changes will save industry money as the late fees are being reduced and the registration requirement for licensed firms and small egg producers is being eliminated.

Using the current registration and fee structure there are 444 firms who have not renewed their registration in 2011. All 444 firms currently owe a late fee of $150 (it increases $50 for every thirty days pass January 31).

Under the proposed changes those firms who don't currently pay a license fee and small egg producers would not need to register with the division of food safety, therefore they would not incur late fees.

There are 233 firms who under the current rule do not owe a registration fee but must register and have not done so. The late fees incurred for not registering would equal: 233 X $150 = $34,950

There are 211 firms delinquent with respect to renewing their registration and they owe a late fee. Under the proposed language their late fee is graduated based on size and it is limited to $50. So the most they would owe in late fees is 211X$50=$10,550 instead of $31,650 (211X$150=$31,650)

In summary the proposed language would save industry approximately $56,050 per year based on this year's registraions.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No