WSR 99-07-117

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 1999, 9:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-21-012.

Title of Rule: Intrastate commerce in foods. Adopts federal regulations under Title 21 CFR and Title 40 CFR covering food production, labeling, processing, standards, pesticide tolerances, food additives, colors and policy guidelines.

Purpose: To update adoption of most current (1998) federal regulations adopted under these titles to ensure that we are uniform with the federal food requirements including the new warning label requirement for fresh fruit and vegetable juice products that are sold in containers.

Statutory Authority for Adoption: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398, 69.07.020, and 69.10.055.

Statute Being Implemented: Chapter 69.04 RCW, Intrastate commerce in foods.

Summary: Adopts the most current federal regulations published covering food production, processing, standards, food additives, colors, labeling, pesticide tolerances, good manufacturing practices, low acid foods, acidified foods, seafood HACCP, policy guidelines and warning labeling for fresh fruit and vegetable juice products in containers.

Reasons Supporting Proposal: To adopt the current editions of the federal regulations to ensure uniformity with the federal requirements and to protect the consumers of fresh fruit and vegetable juice by warning them of potential hazards.

Name of Agency Personnel Responsible for Drafting: Verne E. Hedlund, 1111 Washington Street, P.O. Box 42560, Olympia, WA, (360) 902-1860; Implementation and Enforcement: Michael Donovan, 1111 Washington Street, P.O. Box 42560, Olympia, WA, (360) 902-1883.

Name of Proponent: Washington State Department of Agriculture, Food Safety Advisory Committee, governmental. The Food Safety Advisory Committee met on March 4, 1999, with twenty-one of twenty-eight members present (75%). Adoption of this rule was discussed at this meeting, some members expressed opinions that options other than warning labels for raw juices as prescribed in the federal regulations would be better, however, the consensus of the members present was for the department to go forward with the adoption of the federal requirement for warning labels on raw fruit and vegetable juice sold in containers.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule adopts the federal regulations covering food regulation including labeling, good manufacturing practices, low acid canned foods, food standards, food additives, colors, pesticide tolerances in foods and animal foods and compliance policy guidelines and warning labels for fresh fruit and vegetable juices sold in containers. This will help to ensure uniformity between WSDA requirements and the federal requirements to help ensure that products processed and produced in Washington state are in compliance with national requirements.

Proposal Changes the Following Existing Rules: It updates this rule which adopts the federal regulations covering processing and sale of food products from the 1997 edition to the 1998 edition.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact statement necessary for verbatim adoption of federal regulations.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Natural Resources Building, Room 259, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504, on May 3, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Julie Carlson by April 28, 1999, TDD (360) 902-1996, or (360) 902-1836.

Submit Written Comments to: Verne E. Hedlund, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504, phone (360) 902-1860, fax (360) 902-2087.

Date of Intended Adoption: May 24, 1999.

March 24, 1999

Candace A. Jacobs, DVM

Assistant Director

OTS-2735.1


AMENDATORY SECTION(Amending WSR 98-09-048, filed 4/15/98, effective 5/16/98)

WAC 16-167-010
Purpose and authority.

(1) Consistent with the concept of uniformity where possible with the federal regulations adopted under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. the following federal regulations are specifically made applicable to all persons subject to chapters 69.04 and 69.07 RCW by virtue of RCW 69.04.392, 69.04.394, 69.04.396 and 69.04.398.  Although those regulations are automatically applicable to all persons subject to chapters 69.04 and 69.07 RCW, the department is nevertheless adopting as its own rules the following existing regulations of the federal government published in the Code of Federal Regulations revised as of ((April 1, 1997)) the dates stated in the rule.

(2) The purpose of this rule is to adopt the following portion of the federal regulations promulgated under Title 21 CFR, Title 40 CFR and FDA Compliance Policy Guidelines as Washington standards for food safety to ensure uniformity with United States standards and to protect the consuming public from possible harm due to the purchase or consumption of adulterated or misbranded food.

(3) These rules are promulgated under authority of RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.

[Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.  98-09-048, 16-167-010, filed 4/15/98, effective 5/16/98; 97-02-036 (Order 6012), 16-167-010, filed 12/26/96, effective 1/26/97.  Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020.  95-02-017 (Order 5065), 16-167-010, filed 12/27/94, effective 1/27/95.]


AMENDATORY SECTION(Amending WSR 98-09-048, filed 4/15/98, effective 5/16/98)

WAC 16-167-020
Pesticide chemicals.

The following federal regulations are adopted as Washington tolerances for pesticide chemicals: 40 CFR Revised as of July 1, ((1997)) 1998.

(1) Parts 180 - Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or on Raw Agricultural Commodities.

(a) Subpart A - Definitions and Interpretative Regulations.

(b) Subpart C - Specific Tolerances.

(2) Part 185 - Tolerances for Pesticides in Food.

(3) Part 186 - Tolerances for Pesticides in Animal Feeds.

[Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.  98-09-048, 16-167-020, filed 4/15/98, effective 5/16/98; 97-02-036 (Order 6012), 16-167-020, filed 12/26/96, effective 1/26/97.  Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020.  95-02-017 (Order 5065), 16-167-020, filed 12/27/94, effective 1/27/95.]


AMENDATORY SECTION(Amending WSR 98-09-048, filed 4/15/98, effective 5/16/98)

WAC 16-167-030
Food additives.

The following federal regulations prescribing the conditions under which such food additives may safely be used are adopted as Washington food additive regulations.  21 CFR Chapter 1 Revised as of April 1, ((1997)) 1998.

(1) Part 170 - Food Additives.

(2) Part 172 - Food Additives Permitted for Direct Addition to Food for Human Consumption.

(3) Part 173 - Secondary Direct Food Additives Permitted in Food for Human Consumption.

(4) Part 174 - Indirect Food Additives: General.

(5) Part 175 - Indirect Food Additives: Adhesives and Components of Coatings.

(6) Part 176 - Indirect Food Additives: Paper and Paperboard Components.

(7) Part 177 - Indirect Food Additives: Polymers.

(8) Part 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers.

(9) Part 179 - Irradiation in the Production, Processing and Handling of Food.

(10) Part 180 - Food Additives Permitted in Food on an Interim Basis or in Contact with Food Pending Additional Study.

(11) Part 181 - Prior-Sanctioned Food Ingredients.

(12) Part 182 - Substances Generally Recognized as Safe.

(13) Part 184 - Direct Food Substances Affirmed as Generally Recognized as Safe.

(14) Part 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe.

(15) Part 189 - Substances Prohibited From Use in Human Food.

[Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.  98-09-048, 16-167-030, filed 4/15/98, effective 5/16/98; 97-02-036 (Order 6012), 16-167-030, filed 12/26/96, effective 1/26/97.  Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020.  95-02-017 (Order 5065), 16-167-030, filed 12/27/94, effective 1/27/95.]


AMENDATORY SECTION(Amending WSR 98-09-048, filed 4/15/98, effective 5/16/98)

WAC 16-167-040
Color additives.

The following federal regulations prescribing the use or limited use of such color additives are adopted as Washington color additive regulations.  21 CFR Chapter 1 Subchapter A-General Revised as of April 1, ((1997)) 1998.

(1) Part 70 - Color Additives.

(2) Part 73 - Listing of Color Additives Exempt From Certification.

(3) Part 74 - Listing of Color Additives Subject to Certification.

(4) Part 81 - General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs and Cosmetics.

(5) Part 82 - Listing of Provisionally Listed Colors and Specifications.

[Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.  98-09-048, 16-167-040, filed 4/15/98, effective 5/16/98; 97-02-036 (Order 6012), 16-167-040, filed 12/26/96, effective 1/26/97.  Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020.  95-02-017 (Order 5065), 16-167-040, filed 12/27/94, effective 1/27/95.]


AMENDATORY SECTION(Amending WSR 98-09-048, filed 4/15/98, effective 5/16/98)

WAC 16-167-050
General requirements.

The following federal regulations concerning food are adopted as Washington requirements for regulating food in intrastate commerce.

(1) 21 CFR Chapter 1 Subchapter A-General Revised as of April 1, ((1997)) 1998.

(a) Part 1 - General Enforcement Regulations.

(i) Subpart A General Provisions.

(ii) Subpart B General Labeling Requirements.

(b) Part 2 - General Administrative Rulings and Decisions.

(i) Subpart A General Provisions.

(ii) Subpart B Human and Animal Foods.

(c) Part 7 - Enforcement Policy.

(2) 21 CFR Chapter 1 Subchapter B-Food for Human Consumption, Revised as of Federal Register: July 8, 1998, (Volume 63, Number 130) Page 37029-37056.

(a) Part 100 - General.

(b) Part 101 - Food Labeling.

(c) Part 102 - Common or Usual Name for Nonstandardized Foods.

(d) Part 104 - Nutritional Quality Guidelines for Foods.

(e) Part 105 - Foods for Special Dietary Use.

(f) Part 106 - Infant Formal Quality Control Procedures.

(g) Part 107 - Infant Formula.

(h) Part 108 - Emergency Permit Control.

(i) Part 109 - Unavoidable Contaminants in Food for Human Consumption and Food Packaging Material.

(j) Part 110 - Current Good Manufacturing Practice in Manufacturing.  Packing and Holding Human Food.

(k) Part 111 - Current Good Manufacturing Practices for Dietary Supplements.

(l) Part 113 - Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

(m) Part 114 - Acidified Foods.

(n) Part 123 - Fish and Fishery Products.

(o) Part 129 - Processing and Bottling Bottled Drinking Water.

(p) Part 130 - Food Standards: General.

(q) Part 131 - Milk and Cream.

(r) Part 133 - Cheeses and Related Cheese Products.

(s) Part 135 - Frozen Desserts.

(t) Part 136 - Bakery Products.

(u) Part 137 - Cereal Flours and Related Products.

(v) Part 139 - Macaroni and Noodle Products.

(w) Part 145 - Canned Fruits.

(x) Part 146 - Canned Fruit Juices.

(y) Part 150 - Fruit Butters, Jellies, Preserves and Related Products.

(z) Part 152 - Fruit Pies.

(aa) Part 155 - Canned Vegetables.

(bb) Part 156 - Vegetable Juices.

(cc) Part 158 - Frozen Vegetables.

(dd) Part 160 - Eggs and Egg Products.

(ee) Part 161 - Fish and Shellfish.

(ff) Part 163 - Cacao Products.

(gg) Part 164 - Tree Nut and Peanut Products.

(hh) Part 165 - Beverages.

(ii) Part 166 - Margarine.

(jj) Part 168 - Sweeteners and Table Syrups.

(kk) Part 169 - Food Dressings and Flavorings.

[Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.396, 69.04.398 and 69.07.020.  98-09-048, 16-167-050, filed 4/15/98, effective 5/16/98; 97-02-036 (Order 6012), 16-167-050, filed 12/26/96, effective 1/26/97.  Statutory Authority: RCW 69.04.392, 69.04.394, 69.04.398 and 69.07.020.  95-02-017 (Order 5065), 16-167-050, filed 12/27/94, effective 1/27/95.]

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