WSR 99-04-111

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 3, 1999, 11:07 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

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

Purpose: Adopt the 1999 versions of NIST Handbook 130 and NIST Handbook 44 and adopt a new exception to NIST Handbook 44.

Statutory Authority for Adoption: RCW 19.94.190.

Statute Being Implemented: RCW 19.94.195.

Summary: This change adopts the 1999 versions of NIST Handbook 130 and NIST Handbook 44 as required by RCW 19.94.195. The change makes modifications to NIST Handbook 44 for acceptance tolerances, maintenance of equipment, direct sale and vehicle-tank meters. Modifications to NIST Handbook 130 are also made in the area of Gasoline-Oxygenate Blends and Animal Bedding.

Reasons Supporting Proposal: This rule adopts the most current weights and measurements requirements addressed and adopted by the National Conference on Weights and Measures into Washington state rule. Adoption of national standards ensure we are consistent with national standards.

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

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This change adopts the 1999 versions of NIST Handbook 130 and NIST Handbook 44 as required by RCW 19.94.195. The change makes modifications to NIST Handbook 44 for acceptance tolerances, maintenance of equipment, direct sale and vehicle-tank meters. Modifications to NIST Handbook 130 are also made in the area of Gasoline-Oxygenate Blends and Animal Bedding. This rule adopts the most current weights and measurements requirements addressed and adopted by the National Conference on Weights and Measures into Washington state rule. Adoption of national standards ensure we are consistent with national standards.

Proposal Changes the Following Existing Rules: This change adopts the 1999 versions of NIST Handbook 130 and NIST Handbook 44 as required by RCW 19.94.195. The change makes modifications to NIST Handbook 44 for acceptance tolerances, maintenance of equipment, direct sale and vehicle-tank meters. Modifications to NIST Handbook 130 are also made in the area of Gasoline-Oxygenate Blends and Animal Bedding.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule adopted does not place a disproportionate economic impact on small business. The handbooks have been in use in Washington since 1976.

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: Natural Resources Building, Department of Agriculture, 1111 Washington Street, Second Floor, Room 205, Olympia, WA 98504, on March 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by March 8, 1999, TDD (360) 902-1996.

Submit Written Comments to: Washington State Department of Agriculture, Jerry Buendel, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2086, by March 8, 1999.

Date of Intended Adoption: March 16, 1999.

February 3, 1999

Julie C. Sandberg

Assistant Director

OTS-2824.1


AMENDATORY SECTION(Amending WSR 98-13-072, filed 6/15/98, effective 7/16/98)

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 ((1998)) 1999 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 Third Edition of National Bureau of Standards (NBS) Handbook 133 published by the United States Department of Commerce, entitled the National Bureau of Standards Handbook 133 - Third Edition - Checking the Net Contents of Packaged Goods as modified by NIST Handbook 133 Supplements 1, 2, 3, and 4, issued in 1990, 1991, 1992, and 1994 respectively.

(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 ((1998)) 1999 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, 1998 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, ((1998)) 1999 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, ((1998)) 1999 Edition.

[Statutory Authority: RCW 19.94.195.  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 97-12-075, filed 6/4/97, effective 7/5/97)

WAC 16-662-110
Modifications to NIST Handbook 44.

The following modifications are made to Handbook 44, identified in WAC 16-662-105:

(1) General Code:

(a) Section G-T.  Tolerances.  In paragraphs (b), (c), and (d) of subsection G-T.1.  "Acceptance Tolerances", change "30 days" to "90 days."

(b) Section G-UR.  User Requirements.  In the last sentence of subsection G-UR.4.1.  "Maintenance of Equipment", change "device user" to "device owner or operator."

(2) Scale Code: Section UR.3.  Use Requirements.  At the end of subsection UR.3.7.(a) add "and homeowner refuse."

(3) Vehicle-Tank Meters Code: Section UR.2.2 Ticket Printer; Customer Ticket. Change the effective dates in brackets at the end of the section to read as follows (Nonretroactive as of June 30, 1999. To become retroactive as of January 1, 2001.)

(4) Appendix D Definitions, Direct Sale.  Replace with the following: "A sale in which both parties in the transaction are present when the quantity is being determined."

[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