WSR 13-16-032
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed July 29, 2013, 2:58 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-282-005 Sanitary control of shellfish—Minimum performance standards, update the reference to the most current version (2011) of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (NSSP Guide).
Hearing Location(s): Department of Health, Town Center 3, Room 252, 243 Israel Road S.E., Tumwater, WA 98501, on October 10, 2013, at 10:00 a.m.
Date of Intended Adoption: October 15, 2013.
Submit Written Comments to: Brandy Brush, Office of Shellfish and Water Protection, P.O. Box 47824, Olympia, WA 98504-7824, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2257, by September 11, 2013.
Assistance for Persons with Disabilities: Contact (800) 833-6388 by September 9, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The United States Food and Drug Administration (FDA) requires all shellfish-producing states to follow the most current version of the NSSP guide in order to place molluscan shellfish into interstate commerce. WAC 246-282-005 currently references the 2009 NSSP guide. FDA has adopted a 2011 version of the NSSP guide, leaving the current rules out of date. This proposed rule updates the reference to the 2011 version of the NSSP guide.
Reasons Supporting Proposal: The FDA oversees a cooperative program between the shellfish-producing states and the shellfish industry for the production and processing of shellfish consistent with the NSSP guide. The FDA evaluates each state's shellfish sanitation control program to ensure compliance with the NSSP guide. Therefore, an update to WAC 246-282-005 is needed so that Washington state remains compliant with the NSSP guide and molluscan shellfish products from the state can continue to be placed into interstate commerce.
Statutory Authority for Adoption: RCW 69.30.030.
Statute Being Implemented: RCW 69.30.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Brandy Brush, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3342; Implementation and Enforcement: Jerrod Davis, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3391.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, rules of other Washington state agencies, or national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
July 26, 2013
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-17-104, filed 8/22/11, effective 9/22/11)
WAC 246-282-005 Minimum performance standards.
(1) Any person engaged in a shellfish operation or possessing a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must comply with and is subject to:
(a) The requirements of the ((2009)) 2011 National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration (copies available through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of shellfish and water protection);
(b) The provisions of 21 Code of Federal Regulations (C.F.R.), Part 123 - Fish and Fishery Products, adopted December 18, 1995, by the United States Food and Drug Administration, regarding Hazard Analysis Critical Control Point (HACCP) plans (copies available through the U.S. Food and Drug Administration, Office of Seafood, and the Washington state department of health, office of food safety and shellfish programs); and
(c) All other provisions of this chapter.
(2) If a requirement of the NSSP Guide for the Control of Molluscan Shellfish or a provision of 21 C.F.R., Part 123, is inconsistent with a provision otherwise established under this chapter or other state law or rule, then the more stringent provision, as determined by the department, will apply.