WSR 16-09-078

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 18, 2016, 4:25 p.m.]

Subject of Possible Rule Making: Chapter 16-167 WAC, Intrastate commerce in foods, the agency is considering amending the rule to adopt recent changes to federal regulations regarding food safety in order to better protect public health and promote uniformity with other states.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.04.740, 69.07.020, 69.10.055, 15.36.021, and 69.22.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: After congress passed the Food Safety Modernization Act (FSMA) in 2011, the United States Food and Drug Administration (FDA) released a number of revised and new federal code of regulations necessary to implement FSMA in late 2015 and again in 2016. Revision to chapter 16-167 WAC, Intrastate commerce in foods, is necessary to remain uniform with federal regulations so that food produced in Washington may be freely shipped in interstate and international commerce and to ultimately protect consumers from contaminated, adulterated, and/or misbranded food.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of health; local health jurisdictions; FDA.

Food safety officials from these organizations will be notified about the rule-making process through our food safety taskforce committee and outreach notifications. The Washington state department of agriculture (WSDA) will ask members from these organizations to participate in our rule-making process.

Process for Developing New Rule: The agency is developing the rule in coordination with stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Claudia Coles, Policy/External Affairs Advisor, WSDA, Food Safety and Consumer Services Division, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ccoles@agr.wa.gov, phone (360) 902-1905.

April 18, 2016

Dr. Candace A. Jacobs

Assistant Director

Food Safety and Consumer Services