EXPEDITED RULES
Title of Rule and Other Identifying Information: Chapter 16-662 WAC, Weights and measures -- National Handbooks. This
chapter establishes requirements for the state of Washington
that are reasonably consistent with the uniform rules adopted
by the National Conference on Weights and Measures and that
are in effect in other states.
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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY February 6, 2008.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal amends chapter 16-662 WAC by adopting:
(1) The 2008 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) The 2008 edition of NIST Handbook 130 (Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality).
The adopted version of NIST Handbook 133 (Checking the Net Contents of Packaged Goods) remains the most current.
Reasons Supporting Proposal: RCW 19.94.195 requires that the most current version of NIST Handbook 44 be adopted every year. The department also adopts the current version of NIST Handbook 130 and NIST Handbook 133 in order to maintain uniformity with other states. Forty-eight of the fifty states use NIST Handbook 130 and the majority of the states use NIST Handbook 44 and NIST Handbook 133.
Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.
Statute Being Implemented: Chapter 19.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kirk Robinson, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.
December 5, 2007
Mary A. Martin Toohey
Assistant Director
OTS-1227.1
AMENDATORY SECTION(Amending WSR 07-05-083, filed 2/21/07,
effective 3/24/07)
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 | (( |
| (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, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants | (( |
| (a) Weights and measures requirements for all food and nonfood commodities in package form | Uniform Packaging and
Labeling Regulationas
adopted by the National
Conference on Weights
and Measures and
published in NIST
Handbook 130, (( |
| (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, (( |
| (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, (( |
| (d) Definitions and requirements for standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks; condemned products; product registration; and test methods and reproducibility limits | Uniform Engine Fuels,
Petroleum Products, and
Automotive Lubricants
Regulation as adopted by
the National Conference
on Weights and Measures
and published in NIST
Handbook 130, (( |
[Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, § 16-662-105, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 07-01-115A, § 16-662-105, filed 12/20/06, effective 1/20/07; 06-08-102, § 16-662-105, filed 4/5/06, effective 5/6/06; 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.]