PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The department, working with industry stakeholders and other interested parties, will develop rules to implement chapter 397, Laws of 2003 (ESHB 1754), which relates to the slaughter of chickens (Gallus domesticus). ESHB 1754 requires that the department issue a special temporary permit regulating "the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm, and for such sale."
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 69.07 RCW, chapter 397, Laws of 2003 (ESHB 1754), and chapter 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules are necessary to implement chapter 397, Laws of 2003 (ESHB 1754), which was passed unanimously by the 2003 legislature and signed by the governor on May 20, 2003. Specifically, the department must adopt rules establishing the requirements for the special temporary permit authorized in ESHB 1754. Those requirements must be generally patterned after those established by WAC 246-215-190 Temporary food service establishments, but must be tailored specifically to the slaughter, preparation and sale activities identified in ESHB 1754. The requirements must include, but are not limited to:
• Cooling procedures, when applicable;
• Sanitary facilities, equipment and utensils;
• Clean water;
• Washing and other hygienic practices; and
• Waste water disposal.
The department's special temporary rules must also identify the length of time the permit is valid.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Although the WSDA food safety program is the sole regulator of this subject, the program will use the telephone, e-mail, the United States mail and stakeholder meetings to keep the United States Department of Agriculture, the Washington State Department of Health and interested county health departments informed on the project's progress.
Process for Developing New Rule: Food safety program staff will develop proposed rules regarding the required temporary special permit. The Washington State Department of Agriculture will request suggestions and participation from the Food Safety Advisory Committee, the Washington State Department of Health, interested county health departments and the Small Farms and Direct Marketing Advisory Board as well as ideas from other interested parties. Once the proposed rule language is developed, interested parties will be able to comment during the public comment period and participate in the public hearing process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Pressley, Assistant Program Manager, Food Safety Program, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1860, e-mail jpressley@agr.wa.gov, fax (360) 902-2087.
June 4, 2003
Kathryn Kravit-Smith
Assistant Director