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

     Purpose: This rule change allows manufacturers to package pull-tab series containing more than 10,000 tickets in multiple packages, boxes, or containers.

     Statutory Authority for Adoption: RCW 9.46.070.

      Adopted under notice filed as WSR 07-24-015 on November 27, 2007, and published December 19, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: January 11, 2008.

Susan Arland

Rules Coordinator

OTS-1215.1

AMENDATORY SECTION(Amending Order 614, filed 8/10/07, effective 1/1/08)

WAC 230-14-260   Inventory control.   (1) Punch board and pull-tab operators must control and account for each punch board and pull-tab series they obtain. Operators must:

     (a) Enter the ((Washington state ())I.D. ((stamp))) stamp numbers for the series in all records; and

     (b) Attach the packing slip to the original invoice if the pull-tab series is packed in more than one container; and

     (c) Record each pull-tab dispenser they purchase.

     (2) Distributors must record every purchase of punch boards or pull-tabs on an invoice. Operators must use this record to account for each series between the time they purchase it and the time they remove it from play. Invoices must include space for the operator to attach:

     (a) The I.D. stamp numbers for each board or series; and

     (b) The date they placed the punch board or pull-tab series out for play.

     (3) When operators receive punch boards or pull-tab series, they must ensure that the manufacturer or distributor recorded all required data by comparing the Washington state identification stamp number attached to each punch board and pull-tab series to the number recorded on the purchase invoice.

     (4) Operators may use a separate computerized inventory record as long as they:

     (a) Use an I.D. stamp or print a computer generated facsimile of the stamp number on the inventory record; and

     (b) Record all other required information.

[Statutory Authority: RCW 9.46.070. 07-17-058 (Order 614), § 230-14-260, filed 8/10/07, effective 1/1/08.]

OTS-1217.1

AMENDATORY SECTION(Amending Order 615, filed 9/17/07, effective 1/1/08)

WAC 230-16-060   Assembly and packaging of pull-tab series.   When assembling and packaging a pull-tab series, manufacturers must:

     (1) Place each pull-tab series in one packaging container, unless the number of tickets in the series exceeds 10,000. For pull-tab series that contain more than 10,000 tickets, manufacturers may package the pull-tab series in more than one container if they:

     (a) Seal all containers with a sticker or seal and shrink wrap them; and

     (b) Identically label each container with a referencing system that identifies at least:

     (i) The series number; and

     (ii) The total boxes per series; and

     (iii) The I.D. stamp numbers; and

     (c) Mark the cases to identify the contents during shipping, including:

     (i) The series number; and

     (ii) The total cases per set; and

     (d) Package and ship each box or case together; and

     (e) Package the packing slip and flare with one box of the series; and

     (f) Ensure that no case, package, box or container shall be marked to make it distinguishable from any other case, package, box or container within the series; and

     (2) Not assemble the winning and losing pull-tabs in a way that would allow prize manipulation; and

     (3) Mix pull-tabs before placing them in their final container to ensure pull-tabs are separated from their original collated row position and dispersed among all rows in the container; and

     (4) Place a packing slip inside the container with the name of manufacturer, series number, date of packaging, and the name or identification of the person who packaged the series. Manufacturers may print this information on the flare or the outside of the container. Manufacturers must have this information readily available if we request it; and

     (5) Print on the outside of the container a message stating that operators must remove the pull-tabs from the container and thoroughly mix them before putting them out for play. Manufacturers must:

     (a) Print the information on:

     (i) A crack-and-peel sticker and place it on the outside of the packaging container; or

     (ii) A packing slip placed inside the container; or

     (b) Request our approval to exempt packages of jar tickets from this requirement.

[Statutory Authority: RCW 9.46.070. 07-19-069 (Order 615), § 230-16-060, filed 9/17/07, effective 1/1/08.]

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