WSR 06-08-102

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 5, 2006, 10:15 a.m. , effective May 6, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order amends chapter 16-662 WAC, Weights and measures--National handbooks, by adopting the National Institute of Standards and Technology (NIST) handbooks as follows: (1) 2006 edition of NIST Handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices) as required by RCW 19.94.195; and (2) 2006 edition of NIST Handbook 130 (uniform laws and regulations in the areas of legal metrology and engine fuel quality).

There is not a 2006 version of NIST Handbook 133 (checking the net contents of packaged goods) - the 2005 (fourth edition) remains the most current.

Citation of Existing Rules Affected by this Order: Amending WAC 16-662-105.

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Adopted under notice filed as WSR 06-04-101 on February 1, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: April 5, 2006.

Valoria H. Loveland

Director

OTS-8624.1


AMENDATORY SECTION(Amending WSR 05-10-088, filed 5/4/05, effective 6/4/05)

WAC 16-662-105   What national weights and measures standards are adopted by the Washington state department of agriculture (WSDA)?   The WSDA adopts the following national standards:


National standard for: Contained in the:
(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment ((2005)) 2006 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices
(2) The procedures for checking the accuracy of the net contents of packaged goods Fourth Edition (January 2005) of NIST Handbook 133 - Checking the Net Contents of Packaged Goods
(3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification ((2005)) 2006 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality, specifically:
(a) Weights and measures requirements for all food and nonfood commodities in package form Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2005)) 2006 Edition
(b) Weights and measures requirements for the method of sale of food and nonfood commodities Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2005)) 2006 Edition
(c) Weights and measures requirements for price verification Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, ((2005)) 2006 Edition

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, 16-662-105, filed 5/4/05, effective 6/4/05; 04-12-025, 16-662-105, filed 5/26/04, effective 6/26/04; 03-08-017, 16-662-105, filed 3/25/03, effective 4/25/03. 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.]

Washington State Code Reviser's Office