WSR 08-20-093

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 29, 2008, 2:20 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-16-113.

     Title of Rule and Other Identifying Information: Milk and milk products, chapter 16-101 WAC, adopts documents covering requirements for the cooperative interstate milk shippers program.

     Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 259, 2nd Floor, 1111 Washington Street, Olympia, WA 98504-2560, on Thursday, November 6, 2008, at 1:30 p.m.

     Date of Intended Adoption: December 1, 2008.

     Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by Friday, November 7, 2008, 5:00 p.m.

     Assistance for Persons with Disabilities: Contact WSDA receptionist by October 31, 2008, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state department of agriculture is proposing to adopt, in accordance with RCW 15.36.021, the 2007 Revision of the Grade A Pasteurized Milk Ordinance (PMO), the 2007 Revision of the Methods of Making Sanitation Ratings of Milk Shipppers, the 2007 revision of the Procedures Governing the Cooperative State conference on Interstate Milk Shippers, and the 2005 Revision of the Evaluation of Milk Laboratories. Adoption of the latest revisions will ensure that the milk and milk products produced in this state meet the latest standards and will assist in continued acceptance of Washington state milk and milk products shipped to other states.

     In addition to writing the rules in a clear and readable format, the proposed amendments will specifically:

Replace WAC 16-101-700 with new section WAC 16-101-701. The proposed new section adopts the 2007 Revision of the PMO and updates exceptions to the PMO (those portions that conflict with Washington state law),
Repeal WAC 16-101-705, the dry milk ordinance (DMO) is now consolidated into the 2007 Revision of the PMO,
Repeal WAC 16-101-711, the fabrication of single service containers and closures for milk and milk products is now covered under Appendix J of the 2007 Revision of the PMO, and
Replace WAC 16-101-990 with new section WAC 16-101-731. This section is moved within the chapter in order to directly follow the related sections.

     Statutory Authority for Adoption: RCW 15.36.21 [15.36.021].

     Statute Being Implemented: Chapter 15.36 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The public health service/Food and Drug Administration's recommended Grade A PMO is an ordinance to regulate the production, transportation, processing, handling, sampling, examination, labeling, and sale of Grade "A" milk and milk products including buttermilk and buttermilk products and condensed and dry milk products. It is the basic standard used in the voluntary Cooperative State-PHS/FDA Program for the Certification of Interstate Milk Shipments, a program participated in by all fifty states, the District of Columbia and United States Trust Territories. The National Conference on Interstate Milk Shipments (MCIMS) in accordance with the Memorandum of Understanding with the Food and Drug Administration recommends at its biennial conference changes and modifications to the Grade "A" PMO. The ordinances are the requirements to participate in this program.

     Name of Proponent: Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Claudia Coles, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1905.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW does not apply to the adoption of a rule(s) described in RCW 34.05.310 (4)(c) and (e).

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required. The department of agriculture is not a named agency in RCW 34.05.328 (5)(a)(i).

September 29, 2008

Jerry Buendel

Assistant Director

OTS-1896.2

Chapter 16-101 WAC

WASHINGTON STATE MILK AND MILK PRODUCTS STANDARDS


NEW SECTION
WAC 16-101-701   Standards for the production of milk and milk products.   (1) With the exception of the portions identified in subsection (2) of this section, the department adopts the Grade "A" Pasteurized Milk Ordinance, 2007 Revision, United States Public Health Service/Food and Drug Administration, as additional Washington state standards for the production of milk and milk products including Grade A condensed and dry milk products and condensed and dry whey products under chapter 15.36 RCW.

     (2) The department does not adopt the following portions of the Grade "A" Pasteurized Milk Ordinance, 2007 Revision:

     (a) Grade "A" Pasteurized Milk Ordinance - 2007 Revision.


PMO Page No. Excepted Portion
Pages 11-12 Section 3, Permits, paragraph 4, which begins with "The regulatory agency shall suspend..."
Section 3, Permits, paragraph 5, which begins with "Upon notification..."
Page 28 Section of Table 1 entitled "GRADE "A" RAW MILK AND MILK PRODUCTS FOR PASTEURIZATION, ULTRA-PASTEURIZATION OR ASEPTIC PROCESSING"
"Temperature: Cooled to 10°C (50°F) or less within four (4) hours or less of the commencement of the first milking and to 7°C (45°F) or less within two hours after the completion of milking. Provided that the blend temperature after the first milking and subsequent milkings does not exceed 10°C (50°F)."
Note: Milk sample submitted for testing cooled and maintained at 0°C (32°F) to 4.4°C (40°F), but <7.0°C (45°F) and less than three (3) hours after collection has not increased in temperature;
Under Bacterial Limits, only the sentence..."Individual producer milk not to exceed 100,000 per mL prior to commingling with other producer milk."

     (b) Standards for Grade "A" Raw Milk for Pasteurization, Ultra-pasteurization or Aseptic Processing.


PMO Page No. Excepted Portion
Page 51 Item 18r. "Raw Milk Cooling" paragraph 1, which begins with "Raw milk for pasteurization shall be cooled..."
Pages 51-52 Item 18r. "Administrative Procedures", paragraph 1 only

     (c) Standards for Grade "A" Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products.


PMO Page No. Excepted Portion
Page 111 Item 18p. "Bottling, Packaging and Container Filling", under Public Health Reason, first sentence only which begins with "Manual bottling, packaging, and container filling..."
Page 111 Item 18p. "Administrative Procedures", item number 2 only.
Page 113 Item 19p. "Capping, container closure and sealing and Dry Milk Product Storage", Administrative Procedures, item number 1 only.
Page 125 Sections 15 (Enforcement), 16 (Penalty), and 17 (Repeal and Date of Effect)

     (d) Appendix E: Examples of 3-out-of-5 Compliance Enforcement Procedures.


PMO Page No. Excepted Portion
Pages 198-199 All of Appendix E

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AMENDATORY SECTION(Amending WSR 00-21-012, filed 10/6/00, effective 11/6/00)

WAC 16-101-716   ((Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program)) Procedures for certification of interstate milk shippers.   The department adopts the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program ((for Certification of Interstate Milk Shippers 1999)) of the National Conference on Interstate Milk Shipments 2007 Revision ((is adopted by reference)) as Washington state procedures ((covering)) for the certification of interstate milk shippers.

[Statutory Authority: RCW 15.36.021(3). 00-21-012, § 16-101-716, filed 10/6/00, effective 11/6/00; 96-22-059, § 16-101-716, filed 11/4/96, effective 12/5/96.]


AMENDATORY SECTION(Amending WSR 00-21-012, filed 10/6/00, effective 11/6/00)

WAC 16-101-721   ((Adoption of)) Methods ((of Making Sanitation Ratings)) for making sanitation ratings of milk ((Supplies)) shippers.   The department adopts the Methods of Making Sanitation Ratings of Milk ((Supplies 1999)) Shippers 2007 Revision, United States Health and Human Services Public Health Service/Food and Drug Administration ((is adopted by reference)) as Washington state methods for ratings of interstate milk ((supplies)) shippers.

[Statutory Authority: RCW 15.36.021(3). 00-21-012, § 16-101-721, filed 10/6/00, effective 11/6/00; 96-22-059, § 16-101-721, filed 11/4/96, effective 12/5/96.]


AMENDATORY SECTION(Amending WSR 96-22-059, filed 11/4/96, effective 12/5/96)

WAC 16-101-726   ((Adoption of Evaluation of)) Standard for the accrediting of milk laboratories.   The department adopts the Evaluation of Milk Laboratories ((1995)) 2005 Revision United States Health and Human Services Public Health Service/Food and Drug Administration ((is adopted by reference)) as the Washington state standard for ((accreditation of)) accrediting milk laboratories and certified industry supervisors ((requesting)) who request certification and approval for uniform collection and testing required for compliance with the Grade "A" Pasteurized Milk Ordinance.

[Statutory Authority: RCW 15.36.021(3). 96-22-059, § 16-101-726, filed 11/4/96, effective 12/5/96.]


NEW SECTION
WAC 16-101-731   Availability of the publications adopted by the department in this chapter.   (1) The Grade "A" Pasteurized Milk Ordinance, 2007 Revision, United States Public Health Service/Food and Drug Administration, can be purchased from the Superintendent of Documents, U.S. Printing Office, Washington, D.C.

     (2) The following publications can be obtained by writing the Center for Food Safety and Applied Nutrition, Director, Office of Constituent Operations, Industry Activities Staff, HFS-S65 200 "C" Street, S.W., Washington, D.C. 20204:

     • The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2007 Revision.

     • The Methods of Making Sanitation Ratings of Milk Shippers, 2007 Revision, United States Department of Health and Human Services Public Health Services/Food and Drug Administration.

     • The Evaluation of Milk Laboratories, 2005 Revision, United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-101-700 Adoption of the pasteurized milk ordinance as the standard for production of milk and milk products.
WAC 16-101-705 Adoption of the dry milk ordinance as the standard for production of condensed and dry milk products and condensed and dry whey.
WAC 16-101-711 Adoption of the standards for the fabrication of single-service containers and closures for milk and milk products.
WAC 16-101-990 Where can publications adopted by WSDA under this chapter be obtained?

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