WSR 19-08-081

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 3, 2019, 7:14 a.m.]

Title of Rule and Other Identifying Information: Chapter 16-125 WAC, Farm milk storage tanks and bulk milk tanker—Requirements, the department is proposing rule making to repeal WAC 16-125-035 Farm tank pickup and washing requirements.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 16-125-035 requires that (1) all milk must be picked up at least every forty-eight hours from farm tanks, and (2) all farm tanks must be emptied, washed and sanitized at least once every forty-eight hours. Northwest Dairy Association and Darigold petitioned the department, requesting that these time requirements be changed to align with the 2017 Pasteurized Milk Ordinance (PMO), a national consensus code that is currently being adopted under separate rule making.

Reasons Supporting Proposal: PMO specifies a seventy-two hour requirement for farm tank pickup and washing. By repealing this section, the rule will not conflict with the pickup and washing requirements specified in PMO. The forty-eight hour requirement is not necessary to protect public health. Its repeal improves consistency with national standards.

Statutory Authority for Adoption: RCW 15.36.021.

Statute Being Implemented: Chapter 15.36 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Northwest Dairy Association and Darigold, private.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Lucy Severs, 1111 Washington Street S.E., Olympia, WA 98504, 360-725-5761.

This notice meets the following criteria to use the expedited repeal process for these rules:

The rule is no longer necessary because of changed circumstances.

Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Farm tank pickup and washing requirements are already specified by PMO which is a national consensus code as referenced in RCW 15.36.021(3) and adopted under chapter 16-101 WAC. By repealing this section, we are deferring to the requirements of PMO and removing redundancy and conflicting requirements.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Gloriann Robinson, Agency Rule[s] Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email wsdarulescomments@agr.wa.gov, AND RECEIVED BY June 3, 2019.

April 3, 2019

Steve Fuller

Assistant Director

The following section of the Washington Administrative Code is repealed: