WSR 05-21-124

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 19, 2005, 8:53 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-282-005 Sanitary control of shellfish -- Minimum performance standards, this rule making will amend the section to update the reference to the national consensus code for commercial shellfish operations. The reference will change from the 1999 National Shellfish Sanitation Program (NSSP) Model Ordinance to the 2003 NSSP Guide for the Control of Molluscan Shellfish.

The State Board of Health delegated this rule-making activity to the Department of Health at their meeting on July 13, 2005.

Hearing Location(s): Department of Health, Point Plaza East, 301 Israel Road, Rooms 152 and 153, Tumwater, WA, on November 29, 2005, at 10:00 a.m.

Date of Intended Adoption: December 16, 2005.

Submit Written Comments to: Office of Food Safety and Shellfish, Nancy Napolilli, P.O. Box 47824, Olympia, WA 98504-7824, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257.

Assistance for Persons with Disabilities: Contact Jan Jacobs by November 15, 2005, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, WAC 246-282-005 references the United States Food and Drug Administration's (FDA) 1999 National Shellfish Sanitation Program (NSSP) Model Ordinance, which all shellfish producing states are required to follow in order to place molluscan shellfish into interstate commerce. FDA has now adopted a 2003 version of the model ordinance, leaving the current rules out of date. This rule making will amend the section to update the reference to the correct code.

Reasons Supporting Proposal: The FDA oversees a cooperative program between the shellfish producing states and the shellfish industry for the production and processing of shellfish in a manner specified by the NSSP. The FDA evaluates each state's shellfish sanitation control program to ensure compliance with the NSSP. Therefore, an update to WAC 246-282-005 is needed to assure that Washington state remains in compliance with the NSSP, and that molluscan shellfish products from the state can continue to be placed into interstate commerce.

Statutory Authority for Adoption: RCW 69.30.030.

Statute Being Implemented: RCW 69.03.030 [69.30.030].

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

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Napolilli, 111 Israel Road, Tumwater, WA, (360) 236-3325.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules that incorporate national consensus codes by reference and without material change are exempt from preparing a small business economic impact statement under RCW 19.85.025(3).

A cost-benefit analysis is not required under RCW 34.05.328. This rule making is exempt from preparing a cost-benefit analysis under RCW 34.05.328 (5)(b) because it incorporates a national consensus code by reference and without material change. The FDA requires shellfish producing states to follow this code in order to place molluscan shellfish into interstate commerce.

October 18, 2005

M. C. Selecky

Secretary

OTS-8357.1


AMENDATORY SECTION(Amending WSR 01-04-054, filed 2/5/01, effective 3/8/01)

WAC 246-282-005   Minimum performance standards.   (1) Any person engaged in a shellfish operation or possessing a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must comply with and is subject to:

(a) The requirements of the ((1999)) 2003 National Shellfish Sanitation Program (NSSP) ((Model Ordinance)) Guide for the Control of Molluscan Shellfish, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration (copies available through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of food safety and shellfish programs);

(b) The provisions of 21 Code of Federal Regulations (CFR), Part 123 - Fish and Fishery Products, adopted December 18, 1995, by the United States Food and Drug Administration, regarding Hazard Analysis Critical Control Point (HACCP) plans (copies available through the U.S. Food and Drug Administration, Office of Seafood, and the Washington state department of health, office of food safety and shellfish programs); and

(c) All other provisions of this chapter.

(2) If a requirement of the NSSP Model Ordinance or a provision of 21 CFR, Part 123, is inconsistent with a provision otherwise established under this chapter or other state law or rule, then the more stringent provision, as determined by the department, will apply.

[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, 246-282-005, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 69.30.030. 98-18-066, 246-282-005, filed 8/31/98, effective 10/1/98; 98-03-096, 246-282-005, filed 1/21/98, effective 2/21/98; 96-18-096, 246-282-005, filed 9/4/96, effective 10/5/96; 94-23-026, 246-282-005, filed 11/8/94, effective 12/9/94.]

Washington State Code Reviser's Office