Subject of Possible Rule Making: Chapter 16-101 WAC, Washington state milk and milk products standards.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.36.021 and chapter 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Washington state department of agriculture (DOA) has been petitioned by two major dairy product producers and the Washington State Dairy Federation to establish more stringent standards for somatic cell counts in milk from individual producers then the current standards established by FDA in the Grade A Pasteurized Mike [Milk] Ordinance (PMO). New stricter quality standards being implemented and proposed by global customers require milk and milk products produced in Washington state to meet these new standards. This request is to ensure continued sales in export markets for milk and milk products produced in Washington state.

     For states to be in compliance with FDA rules governing the interstate shipment and sales of milk and milk products, states must adopt the most current (2011) Grade A PMO. Compliance under the PMO is critical in allowing milk and milk products produced in our state to be transported and sold outside Washington state.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Food and Drug Administration (FDA):

•	FDA develops regulations for quality standards of milk and milk products. Once established these regulations are adopted by DOA in rule under the authority of chapters 16.36 and 34.05 RCW.

     Washington state department of health (DOH):

•	DOH conducts investigations of illnesses related to foodborne illnesses. DOH provides comments and assistance to DOA in the development of regulations related to food quality standards.

     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 Julie Carlson, Division Coordinator Food Safety and Consumer Services Division, DOA, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560, office (360) 902-1880, fax (360) 902-2087, e-mail jcarlson@agr.wa.gov.

August 28, 2012

Kirk Robinson

Assistant Director