WSR 04-07-044

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 10, 2004, 9:10 a.m. ]

Title of Rule: Chapter 16-662 WAC, Weights and measures -- National handbooks.

Purpose: Adoption of 2004 national handbooks. NIST Handbook 44 provides uniform standards for the specifications and tolerances of weighing and measuring devices. NIST Handbook 130 provides regulations governing the labeling and the methods of sale of commodities offered for sale in the marketplace.

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Statute Being Implemented: Chapter 19.94 RCW.

Summary: These rules adopt the 2004 edition of NIST Handbook 44 (Specifications, Tolerances and other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195. The rules also adopt the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2004 edition of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality). There is not a 2004 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods), the 2003 edition remains the most current.

Reasons Supporting Proposal: RCW 19.94.195 requires the most current version of NIST Handbook 44 be adopted every year. The agency also adopts the current version of NIST Handbook 130 and NIST Handbook 133 each year in order to maintain uniformity with other states. Forty-eight of the fifty states adopt NIST Handbook 130, and the majority of states use NIST Handbook 44 and NIST Handbook 133.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will adopt the 2004 edition of NIST Handbook 44 (Specifications, Tolerances and other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195. The rules will also adopt the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2004 edition of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality). There is not a 2004 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods), the 2003 edition remains the most current. The current rule has adopted the 2003 versions, this change is an update.

Proposal Changes the Following Existing Rules: The change adopts the 2004 versions of NIST Handbook 44 and NIST Handbook 130. The change is being made to bring Washington's rules into alignment with the national standards.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov , AND RECEIVED BY May 25, 2004.


March 9, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7023.1


AMENDATORY SECTION(Amending WSR 03-08-017, filed 3/25/03, effective 4/25/03)

WAC 16-662-105   Adoption -- Weighing and measuring equipment requirements -- Package checking -- Packaging and labeling -- Method of sale -- Price verification.   (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment shall be those contained in the ((2003)) 2004 Edition of the National Institute of Standards and Technology (NIST) Handbook 44, published by the U.S. Department of Commerce, entitled the National Institute of Standards and Technology Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

(2) The procedures for checking the accuracy of the net contents of packaged goods shall be those contained in the Fourth Edition of National Institute of Standards and Technology (NIST) Handbook 133 published by the United States Department of Commerce, entitled NIST Handbook 133 - Fourth Edition - Checking the Net Contents of Packaged Goods - Fourth Edition, 2003 Edition.

(3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification shall be those contained in the ((2003)) 2004 Edition of National Institute of Standards and Technology Handbook 130, entitled the NIST Handbook 130 - Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality, specifically:

(a) Weights and measures requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2003)) 2004 Edition.

(b) Weights and measures requirements for the method of sale of food and nonfood commodities shall be those found in the Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2003)) 2004 Edition.

(c) Weights and measures requirements for price verification shall be the Examination Procedures for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2003)) 2004 Edition.

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 03-08-017, 16-662-105, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 02-12-029, 16-662-105, filed 5/29/02, effective 6/29/02. Statutory Authority: RCW 19.94.195. 01-16-005, 16-662-105, filed 7/19/01, effective 8/19/01; 00-14-005, 16-662-105, filed 6/23/00, effective 7/24/00; 99-07-056, 16-662-105, filed 3/16/99, effective 4/16/99; 98-13-072, 16-662-105, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-105, filed 6/4/97, effective 7/5/97.]

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