WSR 99-13-048

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 9, 1999, 8:44 a.m. ]

Date of Adoption: June 9, 1999.

Purpose: To review, update references and rewrite chapter 16-142 WAC, Perishable packaged foods--Pull dating, in the clear rule format.

Citation of Existing Rules Affected by this Order: Chapter 16-142 WAC, Perishable package foods--Pull dating, repealing WAC 16-142-001, 16-142-010, 16-142-020, 16-142-030, 16-142-040, 16-142-050, and 16-142-060.

Statutory Authority for Adoption: RCW 69.04.915.

Adopted under notice filed as WSR 99-09-095 on April 21, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 8, Amended 0, Repealed 7.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

June 9, 1999

Jim Jesernig

Director

OTS-2929.1

Chapter 16-142 WAC

PERISHABLE PACKAGED FOOD GOODS--PULL DATING


NEW SECTION
WAC 16-142-100
What is the purpose for this rule?

The purpose for this rule is to establish uniform standards for pull date labeling and safe storage conditions for perishable packaged food goods as described in RCW 69.04.900 through 69.04.920.

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NEW SECTION
WAC 16-142-110
What is the purpose for pull dates?

The purpose for pull dates is to inform the consumer of the expected length of shelf life for perishable packaged foods in order to allow them a reasonable amount of time to use the product under proper care and storage conditions.

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NEW SECTION
WAC 16-142-120
What does the pull date indicate?

The pull date indicates the last day that the product can be sold and still allow the purchaser a reasonable amount of time to use the product under normal usage and storage conditions.

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NEW SECTION
WAC 16-142-130
Can products be sold after the pull date?

Yes, products can be sold after the pull date has expired if they are still wholesome, not a danger to health and clearly labeled indicating that the pull date has expired. They must be separated from products that are still within pull date.

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NEW SECTION
WAC 16-142-140
How must the pull date be shown?

The pull date must first show the month then the day of the month. The month can either be identified with three letters indicating the month such as DEC for December or by numbers indicating the month from one for January through twelve for December. The day of the month must be shown using two numbers such as 06 for the sixth day or 19 for the nineteenth day. When both the month and day of the month are shown by numbers they must be separated by a space or dash. The pull date must be separated from other numbers or letters on the label so as to prevent confusion.

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NEW SECTION
WAC 16-142-150
Can pull dates be changed?

No, pull dates on perishable packaged foods subject to pull dating may not be changed, crossed-out or concealed.

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NEW SECTION
WAC 16-142-160
Where must the pull date be placed?

The pull date must be placed on the label in a conspicuous location, that is clearly discernible. The pull date must be legible and of a type size consistent with the size of other required labeling.

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NEW SECTION
WAC 16-142-170
What are the storage conditions and temperature requirements for perishable packaged foods?

Storage conditions and temperature requirements for perishable packaged foods are the same as required under chapter 246-215 WAC rules and regulations of the state board of health for food service and chapter 69.10 RCW Food Storage Warehouses.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-142-001 Promulgation.
WAC 16-142-010 Application.
WAC 16-142-020 Date.
WAC 16-142-030 Package dating.
WAC 16-142-040 Placement of "pull date."
WAC 16-142-050 Storage.
WAC 16-142-060 Effective date.

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