WSR 15-04-049 PERMANENT RULES DEPARTMENT OF HEALTH [Filed January 29, 2015, 9:00 a.m., effective January 29, 2015, 9:00 a.m.] Effective Date of Rule: Immediately [January 29, 2015, 9:00 a.m.].
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule must become effective immediately because of imminent peril to the public health, safety, and welfare, RCW 34.05.380 (3)(c).
Purpose: WAC 246-282-005, the United States Food and Drug Administration requires all shellfish-producing states to follow the most current version of the National Shellfish Sanitation Program (NSSP) Guide in order to place molluscan shellfish into interstate commerce. The rule currently references the 2011 NSSP Guide, leaving the rule out-of-date. This rule making updates the reference to the 2013 version of the NSSP Guide.
Citation of Existing Rules Affected by this Order: Amending WAC 246-282-005 Sanitary control of shellfish—Minimum performance standards.
Statutory Authority for Adoption: RCW 60.30.030.
Adopted under notice filed as WSR 14-24-077 on November 26, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 29, 2015.
Dennis Worsham
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 14-09-003, filed 4/3/14, effective 5/4/14)
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 U.S. Food and Drug Administration National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish (((2011)) 2013) (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 Model Ordinance 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.
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