WSR 97-15-115
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed July 22, 1997, 3:19 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-06-011.
Title of Rule: Raw milk warning labels. Requires labels on containers warning of microbiological hazards from consumption of raw milk.
Purpose: To inform consumers that milk which has not been pasteurized (raw milk) might contain harmful microorganisms that are especially hazardous for persons with lowered immunity. This will allow consumers to make informed choices concerning whether or not they want to purchase and consume milk that has not been pasteurized.
Statutory Authority for Adoption: RCW 15.36.021(1) and 69.04.398(3).
Statute Being Implemented: Chapter 15.36 RCW.
Summary: Rule will require a warning statement on raw milk containers that states "warning: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product." The proposed rule also has requirements for type size and placement of the warning statement.
Reasons Supporting Proposal: Raw milk is well known by health officials to contain harmful microorganisms that cause illness when consumed. Outbreaks of E.coli 0157:H7 in a neighboring state have been associated with the consumption of raw milk.
Name of Agency Personnel Responsible for Drafting: Verne E. Hedlund, 1111 Washington Street, Olympia, WA 98504, (360) 902-1860; Implementation and Enforcement: Mike Donovan, 1111 Washington Street, Olympia, WA 98504, (360) 902-1883.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to educate uninformed purchasers about the possible hazards from consumption of milk that has not been pasteurized. It will clearly identify milk that has not been pasteurized so that consumers will not purchase raw milk by mistake, but it will not restrict the purchase of raw milk by consumers who wish to purchase it. The effect of the rule will be to inform consumers of possible hazards from harmful microorganisms that may be present in raw milk and allow them to make a reasoned choice in the market. This rule will support Department of Health requirements for a placard in stores warning consumers of the hazards associated with the consumption of raw milk.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington Department of Agriculture will furnish stickers with warning statement to the industry to attach to current labels on raw milk cartons until such time as their current supply of labels is exhausted. This will eliminate any additional cost to industry from implementation of this rule which is the cost of new labels (cartons). This is possible because of the small size of the industry and the limited production of raw milk at the present time.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington Department of Agriculture, 1111 Washington Street, Room 259, Olympia, WA 98504-2560, on August 28, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Julie Carlson by August 21, 1997, TDD (360) 902-1996, or (360) 902-1880.
Submit Written Comments to: Verne Hedlund, Washington Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-1860, by August 28, 1997.
Date of Intended Adoption: September 11, 1997.
July 21, 1997
Dr. Candace A. Jacobs
Assistant Director
NEW SECTION
WAC 16-101-800 Raw milk warning labels. (1) What authority does the department have to require warning labels on retail raw milk containers? This rule is being promulgated under authority of RCW 15.36.021(1) and 69.04.398(3).
(2) To what does this rule apply? The labeling requirements in this rule apply to containers of raw milk intended for sale to consumers in the state of Washington.
(3) Why is the Washington state department of agriculture adopting warning label requirements for retail raw milk sales? The department is adopting this rule to inform consumers about possible harm that may occur from consuming raw milk that contains harmful microorganisms.
(4) What purpose will this rule serve? The purpose of this rule is to warn purchasers about known hazards associated with the consumption of raw milk so that they may make informed choices about buying these products.
(5) What warning label must be on raw milk containers? The raw milk container must bear the following labeling: WARNING: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product.
(6) What are the specific requirements for warning labels on raw milk? The raw milk warning labels must meet the following requirements:
(a) The warning label type size must be consistent with the type size of other required labeling, but not less than one-sixteenth inch in height.
(b) The warning label must be conspicuous and in contrasting color from other labeling.
(c) The warning label must be prominently displayed on the container's principal display panel.
(d) The warning label must be clearly readable.
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