WSR 08-23-015

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed November 6, 2008, 4:59 p.m. ]

Subject of Possible Rule Making: WAC 246-282-006 Vibrio parahaemolyticus (Vp) control plan.

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: The state board of health adopted a permanent rule in May 2008 to better protect shellfish consumers from Vp-related illnesses. The goal of this rule is to reduce illness incidence to less that twenty during the oyster harvest season of May through September. The number of illnesses reported as of October 1 for the summer months of 2008 are thirty-four commercial cases and three recreational. This indicates a need to review the rule requirements to determine whether the current time-to-temperature controls are adequate to protect consumers. Clarification of the rule language is also necessary to allow for consistent implementation and enforcement of the rule for all growing areas in Washington state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

Process for Developing New Rule: The state board of health will use collaborative rule making with a stakeholder committee process to develop the proposed rule. The committee will be made up of representatives from tribal and nontribal industry, the United States Food and Drug Administration, and the department of health.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jessie DeLoach, Department of Health, Office of Shellfish and Water Protection, Licensing and Certification Section, P.O. Box 7824.

November 6, 2008

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office