WSR 06-21-083

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 17, 2006, 9:52 a.m. ]

Title of Rule and Other Identifying Information: Chapter 16-662 WAC, Weights and measures -- National handbooks, this chapter establishes requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures and that are in effect in other states.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY December 19, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal amends chapter 16-662 WAC by:

(1) Adopting the 2007 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; and

(2) Repealing the modification to NIST Handbook 44 relative to scales identified in WAC 16-662-110.

The adopted version of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality) and NIST Handbook 133 (Checking the Net Contents of Packaged Goods) remain the most current.

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

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Statute Being Implemented: Chapter 19.94 RCW.

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

Name of Proponent: Washington state department of agriculture, governmental.

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

October 16, 2006

Mary A. Martin Toohey

Assistant Director

OTS-9321.1


AMENDATORY SECTION(Amending WSR 06-08-102, filed 4/5/06, effective 5/6/06)

WAC 16-662-105   What national weights and measures standards are adopted by the Washington state department of agriculture (WSDA)?   The WSDA adopts the following national standards:


National standard for: Contained in the:
(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment ((2006)) 2007 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices
(2) The procedures for checking the accuracy of the net contents of packaged goods Fourth Edition (January 2005) of NIST Handbook 133 - Checking the Net Contents of Packaged Goods
(3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification 2006 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality, specifically:
(a) Weights and measures requirements for all food and nonfood commodities in package form Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2006 Edition
(b) Weights and measures requirements for the method of sale of food and nonfood commodities Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2006 Edition
(c) Weights and measures requirements for price verification Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2006 Edition

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 06-08-102, 16-662-105, filed 4/5/06, effective 5/6/06; 05-10-088, 16-662-105, filed 5/4/05, effective 6/4/05; 04-12-025, 16-662-105, filed 5/26/04, effective 6/26/04; 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.]


AMENDATORY SECTION(Amending WSR 05-10-088, filed 5/4/05, effective 6/4/05)

WAC 16-662-110   Does the WSDA modify NIST Handbook 44?   The WSDA adopts the following modification((s)) to NIST Handbook 44, which is identified in WAC 16-662-105(1):


Modified Section: Modification:
(1) General Code: Section G-UR.4.1. Maintenance of Equipment In the last sentence of G-UR.4.1., Maintenance of Equipment, change the words "device user" to "device owner or operator." As a result of this modification, the last sentence of G-UR.4.1. will read:
"Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator shall not be considered "maintained in a proper operating condition."
(((2) Scales: Section UR.3.7. Minimum Load on a Vehicle Scale At the end of UR.3.7.(a) add "and homeowner refuse." As a result of this modification, UR.3.7.(a) will read:
"10 d when weighing scrap material for recycling and homeowner refuse;"))

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, 16-662-110, filed 5/4/05, effective 6/4/05; 03-08-017, 16-662-110, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 01-16-005, 16-662-110, filed 7/19/01, effective 8/19/01; 99-07-056, 16-662-110, filed 3/16/99, effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-110, filed 6/4/97, effective 7/5/97.]

Washington State Code Reviser's Office