WSR 03-13-129

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 18, 2003, 10:12 a.m. ]

Title of Rule: Chapter 16-600 WAC, Honey, which consists of two sections WAC 16-600-001 Promulgation and 16-600-010 Grades to be uniform with federal grades.

Purpose: This filing is the result of the department's on-going commitment to review and revise, when necessary, as mandated by Executive Order 97-02. The purpose of this filing is to use the expedited rule-making process to repeal WAC 16-600-001 and 16-600-010. RCW 34.05.353(2) allows the department to use the expedited rule-making process to repeal rules that are no longer necessary because of changed circumstances (RCW 34.05.353 (2)(c)) or when other rules of the department or of another agency govern the same activity as the rule, making the rule redundant (RCW 34.05.353 (2)(d)). WAC 16-600-001 Promulgation, represents an outdated method of rule writing that is no longer used and is unnecessary so it should be repealed. The content of WAC 16-600-010 Grades to be uniform with federal grades, which was adopted in 1945 has been superseded by voluntary United States Standards for Grades of Comb Honey (32 F.R. 7565, effective May 24, 1967) and United States Standards for Grades of Extracted Honey (50 F.R. 15861, effective May 23, 1985). The department recognizes both of these federal standards.

Statutory Authority for Adoption: Chapters 69.28 and 34.05 RCW.

Statute Being Implemented: Chapter 69.28 RCW.

Summary: The department is proposing to use the expedited rule-making process to repeal WAC 16-600-001 because its content is outdated and not needed and WAC 16-600-010 because its content is regulated by federal grades and standards making it redundant and, therefore, unnecessary.

Reasons Supporting Proposal: WAC 16-600-001 and 16-600-010 are unnecessary and the "need" criteria of Executive Order 97-02 directs the department to repeal rules that are either obsolete or duplicative.

Name of Agency Personnel Responsible for Drafting: George Huffman, Olympia, Washington, (360) 902-1802; Implementation and Enforcement: Claudia Coles, Olympia, Washington, (360) 902-1905.

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 department proposes repealing chapter 16-600 WAC, Honey, which consists of two sections: WAC 16-600-001 Promulgation and 16-600-010 Grades to be uniform with federal grades. The expedited rule-making process will be used to repeal WAC 16-600-001 because its content is outdated and not needed and WAC 16-600-010 because its content is regulated by federal grades and standards making it redundant and, therefore, unnecessary. The department's proposal is authorized by RCW 34.05.353 (2)(c) and (d).

Proposal Changes the Following Existing Rules: The proposed change would repeal chapter 16-600 WAC, which is no longer needed.

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, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, e-mail ghuffman@agr.wa.gov, fax (360) 902-2092 , AND RECEIVED BY August 19, 2003.


June 18, 2003

Kathryn Kravit-Smith

Assistant Director

OTS-6443.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-600-001 Promulgation.
WAC 16-600-010 Grades to be uniform with federal grades.

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Washington State Code Reviser's Office