WSR 17-23-111 EXPEDITED RULES DEPARTMENT OF AGRICULTURE [Filed November 16, 2017, 12:24 p.m.] Title of Rule and Other Identifying Information: Chapter 16-157 WAC, Organic food standards and certification. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to: (1) Adopt the current version of the United States Department of Agriculture (USDA) organic regulations (21 C.F.R. Part 205); and (2) repeal the organic mushroom production standards specified in rule.
The current rule adopts the October 9, 2008, version of the USDA organic regulations. This proposal updates the language to adopt the current version of the federal regulation in order to remain consistent with the National Organic Program.
WAC 16-157-120 adopted standards for the organic production of mushrooms, a crop with unique production methods not specifically addressed in the USDA organic regulations. Since adopting mushroom standards in rule, USDA has clarified mushrooms fall under the crop certification scope. Removing the existing language will eliminate conflicting standards. Reasons Supporting Proposal: Updating this chapter will ensure the rule remains compliant with RCW 15.86.060(1), which directs the director to adopt rules "… appropriate for the adoption of the national organic program." Further, this change will ensure compliance with RCW 15.86.065(3), which states the program "shall not be inconsistent with the requirements of the national organic program." The mushroom standard specified in WAC 16-157-120, is not parallel with USDA crop certification.
The department adopts these national standards for organically-produced agricultural products in order to remain uniform with the National Organic Program. These standards assure consumers that products with the USDA organic seal meet consistent, uniform standards that are in compliance with federal regulations. Statute Being Implemented: Chapter 15.86 RCW. Rule is necessary because of federal law, 7 C.F.R. Part 205. Name of Proponent: Washington state department of agriculture, governmental. Name of Agency Personnel Responsible for Drafting: Scott Rice, P.O. Box 42560, Olympia, WA 98504-2560, 360-359-3021; Implementation and Enforcement: Brenda Book, P.O. Box 42560, Olympia, WA 98504-2560, 360-902-2090. This notice meets the following criteria to use the expedited adoption process for these rules: Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule. This notice meets the following criteria to use the expedited repeal process for these rules: The rule is no longer necessary because of changed circumstances. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Part one of the rule proposal (adopting the current version of 7 C.F.R. Part 205) meets the criteria for expedited adoption under RCW 34.05.353 (1)(b) by adopting federal regulations; part two of the rule proposal (repealing the existing mushroom standard) meets the criteria for expedited repeal under RCW 34.05.353 (2)(c) because the existing mushroom standard in rule is no longer necessary since USDA has clarified mushrooms fall within the crop certification scope under federal regulation. 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, Agency Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 or 1111 Washington Street, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email WSDARulesComments@agr.wa.gov, AND RECEIVED BY January 22, 2018. November 16, 2017 Candace A. Jacobs Assistant Director
((PART I
GENERAL PROVISIONS))
AMENDATORY SECTION (Amending WSR 09-15-152, filed 7/21/09, effective 8/21/09)
WAC 16-157-020 Adoption of the National Organic Program.
The Washington state department of agriculture adopts the standards of the National Organic Program, 7 C.F.R. Part 205, effective ((October 9, 2008)) August 7, 2017, for the production and handling of organic crops, livestock, and processed food products. The National Organic Program rules may be obtained from the department by emailing the organic program at organic@agr.wa.gov, by phone at 360-902-1805 or accessing the National Organic Program's web site at https://www.ams.usda.gov/rules-regulations/organic.
((PART II
ORGANIC PRODUCTION AND HANDLING STANDARDS))
((PART III
ORGANIC CERTIFICATION))
REPEALER
The following section of the Washington Administrative Code is repealed:
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