WSR 03-03-123

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 22, 2003, 8:49 a.m. ]

Title of Rule: Chapter 16-662 WAC, Weights and measures -- National Handbooks.

Purpose: Adoption of 2003 National Handbooks. NIST Handbook 44 provides uniform standards for the specifications and tolerances of weighing and measuring devices. NIST Handbook 130 provides regulations governing the labeling and the methods of sale of commodities offered for sale in the marketplace. NIST Handbook 133 sets out regulations and procedures for checking the net contents of packaged goods.

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Statute Being Implemented: Chapter 19.94 RCW.

Summary: These rules adopt the 2003 edition of NIST Handbook 44 (Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195. The rules also adopt the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2003 edition of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality) and the 2003 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods).

Reasons Supporting Proposal: RCW 19.94.195 requires the most current version of NIST Handbook 44 be adopted every year. The agency also adopts the current version of NIST Handbook 130 and NIST Handbook 133 each year in order to maintain uniformity with other states. Forty-eight of the fifty states adopt NIST Handbook 130, and the majority of states use NIST Handbook 44 and NIST Handbook 133.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will adopt the 2003 edition of NIST Handbook 44 (Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195. The rules will also adopt the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2003 edition of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality) and the 2003 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods). The current rule has adopted the 2002 versions, this change is an update and includes minor changes to the administrative rule.

Proposal Changes the Following Existing Rules: The change adopts the 2003 versions of NIST Handbook 44, NIST Handbook 130 and NIST Handbook 133. There is also minor revision to delete WAC 16-662-110 (1)(a). The change is being made to bring Washington's rules into alignment with the national standards.

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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Buendel, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, jbuendel@agr.wa.gov , AND RECEIVED BY March 24, 2003.


January 22, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6157.1


AMENDATORY SECTION(Amending WSR 97-12-075, filed 6/4/97, effective 7/5/97)

WAC 16-662-100   Purpose.   The purpose of this rule is to establish requirements for the state of Washington that are reasonably consistent with uniform state rules that have been adopted by the National Conference on Weights and Measures and that are in effect in other states. This chapter applies specifically to subject areas for:

(1) Uniform specifications, tolerances and other technical requirements for weighing and measuring devices addressed in the National Institute of Standards and Technology Handbook 44;

(2) Uniform procedures for checking the net contents of packaged goods addressed in the National ((Bureau of Standards Handbook 133 with supplements)) Institute of Standards and Technology, Handbook 133;

(3) Uniform packaging and labeling requirements;

(4) Uniform method of sale of commodities requirements; and

(5) Uniform examination procedures for price verification addressed in the National Institute of Standards and Technology Handbook 130. The publications cited in this chapter, Handbook 44, Handbook 130 and Handbook 133, may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The handbooks are also available on the National Institute of Standards and Technology website. For information regarding the contents of these publications, contact weights and measures in the Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560, or e-mail wtsmeasures@agr.wa.gov.

[Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-100, filed 6/4/97, effective 7/5/97.]


AMENDATORY SECTION(Amending WSR 02-12-029, filed 5/29/02, effective 6/29/02)

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 ((2002)) 2003 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 Fourth Edition of National Institute of Standards and Technology (NIST) Handbook 133 published by the United States Department of Commerce, entitled NIST Handbook 133 - Fourth Edition - Checking the Net Contents of Packaged Goods - Fourth Edition, ((2002)) 2003 Edition.

(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 ((2002)) 2003 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, ((2002)) 2003 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, ((2002)) 2003 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, ((2002)) 2003 Edition.

[Statutory Authority: Chapter 19.94 RCW. 02-12-029, 16-662-105, filed 5/29/02, effective 6/29/02. Statutory Authority: RCW 19.94.195. 01-16-005, 16-662-105, filed 7/19/01, effective 8/19/01; 00-14-005, 16-662-105, filed 6/23/00, effective 7/24/00; 99-07-056, 16-662-105, filed 3/16/99, effective 4/16/99; 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 01-16-005, filed 7/19/01, effective 8/19/01)

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) 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: RCW 19.94.195. 01-16-005, 16-662-110, filed 7/19/01, effective 8/19/01; 99-07-056, 16-662-110, filed 3/16/99, effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-110, filed 6/4/97, effective 7/5/97.]


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

WAC 16-662-115   Modifications to NIST Handbook 130.   The following modifications are made to the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):

(1) Section 2.20. Gasoline-Oxygenate Blends. Delete Section 2.20 ((because)). The requirements for this subject are addressed in RCW 19.94.505 and chapter 16-657 WAC.

(2) Section 2.23. Animal Bedding. Add a new subsection 2.23.1. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state of Washington shall be in terms of cubic measure or units and fractions thereof.

[Statutory Authority: RCW 19.94.195. 98-13-072, 16-662-115, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, 16-662-115, filed 6/4/97, effective 7/5/97.]

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