WSR 17-12-093

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 6, 2017, 11:21 a.m.]

Subject of Possible Rule Making: Chapter 16-662 WAC, Weights and measures—National handbooks, sale of motor fuel, and penalties for violations; chapter 16-663 WAC, Service agents—Reporting, test procedures, standards and calibration of weighing and measuring devices; and chapter 16-674 WAC, Weights and measures—Exemptions, weighmasters and device registration. The department is considering:

(1) Adopting, in whole or in part, the 2017 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices);

(2) Adopting, in whole or in part, the 2017 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality) with modifications;

(3) Adopting, in whole or in part, the 2017 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods);

(4) Establishing in rule a civil penalty matrix for violations of chapter 19.94 RCW (Weights and measures) and chapter 15.80 RCW (Weighmasters);

(5) Modifying and incorporating sections of chapter 16-663 WAC (Service agents—Reporting, test procedures, standards and calibration of weighing and measuring devices) into chapter 16-662 WAC and repealing chapter 16-663 WAC; and

(6) Modifying and incorporating sections of chapter 16-674 WAC (Weights and measures—Exemptions, weighmasters and device registration) into chapter 16-662 WAC and repealing chapter 16-674 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, 15.80.410, chapter 34.05 RCW, and chapter 158, Laws of 2017.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: NIST Handbooks: The department is considering adopting the most recent version of NIST Handbook 44, 130 (with modifications), and 133. The NIST handbooks are national consensus codes that establish industry standards for weighing and measuring devices, legal metrology, engine fuel quality, net contents of packaged goods, and specifications and tolerances for reference standards and field standard weights and measures. The department adopts these handbooks in order to maintain uniformity with other states where appropriate. Civil Penalty Matrix: Adopting in rule a civil penalty matrix for violations of chapter 19.94 RCW (Weights and measures) and chapter 15.80 RCW (Weighmasters) will provide clarity and transparency regarding how civil penalties are calculated, including consideration of aggravating and mitigating circumstances. Service agents: The department is considering amending the registration, identification, and reporting requirements for service agents operating under chapter 19.94 RCW. These rules are published in chapter 16-663 WAC which the department proposes to repeal concurrently with adoption of this rule. Weighmasters: The department is considering amending the device registration and registration and licensing requirements for weighmasters operating under chapter 15.80 RCW. These rules are published in chapter 16-674 WAC which the department proposes to repeal concurrently with adoption of this rule. Repealing chapters 16-663 and 16-674 WAC and incorporating the requirements for device registration, service agents, and weighmasters into chapter 16-662 WAC will make it easier for stakeholders to locate and comply with regulations. The changes will also facilitate the administration of regulatory requirements for the agency.

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 Brad White, Assistant Director, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, email bwhite@agr.wa.gov; or Jerry Buendel, Weights and Measures Program Manager, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1856, fax (360) 902-2094, email jbuendel@agr.wa.gov.

June 6, 2017

Brad White

Assistant Director