WSR 03-08-088

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 2, 2003, 8:07 a.m. ]

Title of Rule: WAC 16-603-010 Aquaculture identification requirements.

Purpose: The purpose of this proposed housekeeping amendment is to correct a WAC reference in WAC 16-603-010(2), as the referenced rule has been recodified since the date that this Department of Agriculture rule was adopted.

Statutory Authority for Adoption: Chapters 15.85 and 34.05 RCW.

Statute Being Implemented: Chapter 15.85 RCW.

Summary: The purpose of the proposed amendment is to correct a WAC reference in WAC 16-603-010(2). The proposed amendment replaces the reference to a Department of Health rule, WAC 248-58-070, with the recodified number, WAC 246-282-080.

Reasons Supporting Proposal: The proposed amendment is necessary to change an incorrect reference in WAC 16-603-010(2).

Name of Agency Personnel Responsible for Drafting: George Huffman, 1111 Washington Street, Olympia, WA, (360) 902-1802; Implementation and Enforcement: Bill Brookreson, 1111 Washington Street, Olympia, WA, (360) 902-1810.

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Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment corrects outdated information as explained in Purpose, Summary, and Reasons Supporting Proposal above. The effect of the amendment is to give correct information to aquatic farmers to help them determine whether they are already covered by Department of Health finfish and shellfish identification requirements for shipping and labeling aquatic products, or if they must comply with this shipping and labeling rule.

Proposal Changes the Following Existing Rules: The proposed housekeeping amendment is necessary to change an incorrect reference in WAC 16-603-010(2).

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 George Huffman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail ghuffman@agr.wa.gov, fax (360) 902-2092 , AND RECEIVED BY June 2, 2003.


April 2, 2003

William E. Brookreson

Deputy Director

OTS-6281.1


AMENDATORY SECTION(Amending Order 2086, filed 6/10/91, effective 1/1/92)

WAC 16-603-010   Aquaculture identification requirements.   (1) Any sale or movement of private sector cultured aquatic products made by an aquatic farmer, other than retail sale for personal use by the purchaser or rendering or unmarketable solid waste disposal, shall:

(a) Be accompanied by a shipping document showing:

(i) The aquatic farmer's name;

(ii) The aquatic farm mailing address;

(iii) The aquatic farm registration number required by RCW 75.58.040;

(iv) The date of transfer by the aquatic farmer;

(v) The quantity of each species; and

(b) Be labeled, showing the name of the aquatic farmer and the farmer's aquatic farm registration number on each container of cultured aquatic products.

(c) The shipping documents and labeling required under this section shall be retained and maintained by the purchaser while the private sector cultured aquatic products are under the purchaser's possession or control.

(2) The provisions of this section do not apply to shellfish if the shellfish comply with rules enacted under the labeling requirements for the Sanitary Control of Shellfish Act (WAC ((248-58-070)) 246-282-080), or to live finfish or their reproductive tissues, if the finfish comply with rules enacted under the Washington department of fisheries transfer procedure set forth in chapter 220-77 WAC.

[Statutory Authority: RCW 15.85.040 and 15.85.060. 91-13-018 (Order 2086), 16-603-010, filed 6/10/91, effective 1/1/92.]

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