WSR 08-20-070

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 25, 2008, 10:15 a.m. , effective October 26, 2008 ]


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

Purpose: This rule-making order amends chapter 16-674 WAC, Weights and measures -- Exemptions, weighmasters and device registration, by deleting obsolete fees related to weighmaster licensing.

Citation of Existing Rules Affected by this Order: Amending WAC 16-674-030 and 16-674-055.

Statutory Authority for Adoption: Chapters 15.80 and 34.05 RCW.

Adopted under notice filed as WSR 08-15-114 on July 18, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: September 25, 2008.

Mary A. Martin Toohey

Assistant Director

OTS-1735.1


AMENDATORY SECTION(Amending WSR 02-15-141, filed 7/22/02, effective 8/22/02)

WAC 16-674-030   Weighmaster license issuance, expiration and fees.   (1) Weighmaster licenses issued under RCW 15.80.460 shall expire on June 30th following the date of issuance.

(2) Upon expiration, suspension or revocation of the license, the weighmaster must surrender their impression seal to the director or his/her representative within ten days if they do not renew their license, if their license is suspended or if their license is revoked. The seal may be surrendered by sending the seal to the department or by surrendering the seal to the director or his/her duly appointed representative.

(3) Businesses or individuals applying to renew their license or applying for their initial license with the department must have a current bond in the amount ((of one thousand dollars)) specified in RCW 15.80.480 and that bond must remain in force and effect for not less than the entire licensing period.

(4) Weighing and measuring devices used by weighmasters are considered to be in commercial use and must be registered. Registrations are accomplished through the department of licensing as part of the master license service under chapter 19.02 RCW.

(5) Proof of a scale test within the last twelve months must be submitted with the application.

(6) Applications must be submitted with the proper fees as specified in chapter 15.80 RCW.

(7) ((Fees for weighmasters are as follows:


((Item Fee
Annual application $ 20.00
Each weigher $ 5.00
Each seal rental $ 5.00
Replacement seal $ 25.00
Late renewal penalty 50% of total renewal fee))

(8))) Applications received without subsections (3), (4), (5) and (6) of this section will be considered incomplete applications and will be returned to the applicant.

[Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. 02-15-141, 16-674-030, filed 7/22/02, effective 8/22/02. Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. 91-16-005 (Order 2091), 16-674-030, filed 7/25/91, effective 8/25/91.]


AMENDATORY SECTION(Amending WSR 02-15-141, filed 7/22/02, effective 8/22/02)

WAC 16-674-055   Weighing and measuring devices.   (1) Weighing and measuring devices used by weighmasters must meet all legal requirements for commercial weighing and measuring devices.

(2) ((Effective September 1, 2002,)) Weighmaster scales must be tested not less than every twelve months and must conform to the tolerances and specifications in the edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," adopted by the department in chapter 16-662 WAC. Inspections must be performed by either service agents registered with the department or by the department. The department is under no obligation to provide this inspection service.

(3) A legible copy of the current scale inspection and current master business license must be maintained at the same site as the scale and must be immediately made available to the director or his representative upon request.

[Statutory Authority: RCW 19.94.010, 19.94.190, and 15.18.410. 02-15-141, 16-674-055, filed 7/22/02, effective 8/22/02.]

Washington State Code Reviser's Office