Overview
This bill establishes requirements and standards for grading butter. It aims to ensure consistency and quality in butter grading by specifying who can grade butter, what standards must be followed, and what factors are considered in the grading process. The legislation references and incorporates federal regulations to provide a standardized framework for butter grading across the jurisdiction.
Core Provisions
The bill mandates that only graders approved by the department may grade butter. It adopts the butter grading standards described in 7 C.F.R. part 58 as the official standards to be used. The legislation defines 'grade' and 'grading' as the classification of butter based on specific factors including flavor, aroma, body and texture, color, salt, package, and any other factors approved by the department. These provisions create a comprehensive framework for butter grading that aligns with federal standards while allowing for departmental oversight and approval.
Key Points
- Only department-approved graders can grade butter [§157(1)]
- Butter grading standards from 7 C.F.R. part 58 are adopted [§157(2)]
- Grading factors include flavor, aroma, body, texture, color, salt, and packaging [§157(3)]
Legal References
- 7 C.F.R. part 58
Implementation
The department is responsible for implementing this legislation. This includes approving butter graders and potentially specifying additional factors for consideration in the grading process. The department will likely need to establish a process for grader approval and may need to provide training or guidance on the application of the federal standards. Enforcement would involve ensuring that only approved graders perform grading activities and that they adhere to the specified standards.
Impact
This legislation directly affects butter producers and graders. Producers will need to ensure their butter is graded by approved graders using the specified standards, which may impact their production processes and quality control measures. Graders will need to obtain departmental approval and familiarize themselves with the federal standards if they haven't already. Consumers may benefit from more consistent and reliable butter grading, potentially leading to higher quality products in the market. The administrative burden on the department will include managing the grader approval process and overseeing compliance with the standards.
Legal Framework
The bill operates within the existing regulatory framework for food quality and grading. By adopting federal standards from 7 C.F.R. part 58, it aligns state or local butter grading practices with national standards. This approach likely preempts any conflicting local regulations on butter grading within the jurisdiction. The department's authority to approve graders and potentially add grading factors suggests some regulatory flexibility within the confines of the federal standards.
Critical Issues
Implementation challenges may arise in establishing an efficient process for grader approval and ensuring all current graders become compliant. There may be costs associated with training and certifying graders to meet the new requirements. Smaller butter producers might face challenges if access to approved graders is limited or if compliance increases production costs. The legislation's reliance on federal standards could potentially create issues if those standards change, necessitating updates to the state or local law. Opposition might argue that the regulations are overly burdensome or that local flexibility in grading standards is preferable to strict adherence to federal guidelines.