PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amend chapter 16-101X WAC to include the assessment of civil penalties as an equivalent penalty action to degrades (lowering in grade from A to grade C) for violations of chapter 15.36 RCW, Milk and milk products, and rules adopted thereunder.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.36 RCW, Milk and milk products.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 1999 National Conference of Interstate Milk Shippers (NCIMS) in conjunction with the U.S. Food and Drug Administration (FDA) approved the imposition of civil penalties as a penalty action for the enforcement of dairy laws. The 1999 Washington state legislature approved amendments to chapter 15.36 RCW, Milk and milk products, that allows the department to assess civil penalties against persons failing to comply with chapter 15.36 RCW or rules adopted thereunder. The proposed amendments will encourage compliance with dairy regulations, streamline the penalty process, bring Washington State Department of Agriculture (WSDA) enforcement strategies in line with interstate requirements, and reduce the burden on dairy industry when milk must be rerouted and often disposed as a result of the degrade action.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The FDA assures that the WSDA regulatory enforcement of dairy operations producing and/or processing grade A milk and milk products for interstate trade meets the pasteurized milk ordinance (PMO) and NCIMS requirements. The WSDA is the only state agency that regulates dairy producers and processors for the production of milk and/or milk products in Washington state.
Process for Developing New Rule: The WSDA will collaborate with the Dairy Inspection Program Advisory Committee (DIPAC) to develop the language for the proposed amendments. The WSDA will hold a hearing on the proposed amendments as well as issue a press release and send notification to all industry parties regulated by chapter 16-101X WAC to inform them of the opportunity to comment on the proposed amendments.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Claudia Coles, WSDA Food and Safety Program, Assistant Compliance Program Manager, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1905, fax (360) 902-2087, e-mail ccoles@agr.wa.gov.
March 16, 2000
Claudia G. Coles
Assistant Compliance
Program Manager