WSR 10-12-127

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed June 2, 2010, 11:58 a.m. ]

Subject of Possible Rule Making: Chapter 16-662 WAC, Weights and measures -- National handbooks, the department is considering adopting:

(1) Modifications to the biodiesel labeling requirements specified in the National Institute of Standards and Technology (NIST) Handbook 130;

(2) The 2010 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; and

(3) The 2010 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality).

In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 19.94, 19.112, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During the 2010 legislative session, the legislature adopted changes to chapter 19.112 RCW regarding labeling of biodiesel (chapter 96, Laws of 2010). The department adopts the requirements outlined in NIST Handbook 130 regarding labeling. The department is proposing to adopt new modifications to NIST Handbook 130, in order for the rule to comply with these recently adopted changes to the biodiesel labeling law.

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. The currently adopted edition (January 2005) of NIST Handbook 133 (Checking the Net Contents of Packaged Goods) remains the most current.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Kirk Robinson, Weights and Measures Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1856, fax (360) 902-2094, e-mail krobinson@agr.wa.gov.

June 2, 2010

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office