WSR 07-21-143

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed October 24, 2007, 9:42 a.m. ]

Subject of Possible Rule Making: The state board of health (SBOH) adopted WAC 246-282-006 Vibrio parahaemolyticus control plan, as an emergency rule from June 2007 through September 2007 as an interim control measure to prevent illness during the summer months of 2007. The SBOH will consider permanent control measures that address the unique circumstances of Washington state through this rule-making activity.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.30.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Vibrio parahaemolyticus (Vp) is a naturally occurring bacteria found in shallow marine waters. Molluscan shellfish acquire Vp through filter feeding. Humans who consume raw or undercooked shellfish containing Vp can develop an intestinal disease called vibriosis. In 2006 there was an unprecedented number of vibriosis cases involving Washington shellfish. Changes to the existing Vp control plan were adopted as an emergency rule for the summer of 2007 to better protect shellfish consumers from Vp-related illnesses. Permanent control measures that address the unique circumstances of Washington state may be necessary to protect public health.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Collaborative rule making: SBOH and DOH staff will meet with shellfish industry members, representatives from the tribes, and the FDA to assess and recommend changes to the existing control plan derived from the NSSP model ordinance. DOH staff will also review data collected during the period of time the emergency rule was in effect (June through September 2007). This information will be used to assist in developing the permanent rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ned Therien, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, ned.therien@doh.wa.gov, (360) 236-4103, or Jessie DeLoach, Department of Health, P.O. Box 47824, Olympia, WA 98504-7824, jessie.deloach@doh.wa.gov, (360) 236-3302.

October 22, 2007

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office