DEPARTMENT OF HEALTH

[Filed July 1, 2019, 2:12 p.m., effective August 1, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-282-005, sanitary control of shellfish, minimum performance standards, and 246-282-016 Aquaculture, the department of health (department) updated the publication date of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish (guide) from 2015 to the most recently adopted 2017 version of rules previously adopted by reference. The United States Food and Drug Administration requires all shellfish-producing states to follow the most current version of the NSSP guide. The department removed an exemption from the requirements for aquaculture hatchery operations because the 2017 NSSP guide no longer allows the exemption.

Citation of Rules Affected by this Order: Amending WAC 246-282-005 and 246-282-016.

Statutory Authority for Adoption: RCW 96.30.030 [69.30.030].

Adopted under notice filed as WSR 19-09-018 on April 8, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: June 26, 2019.

AMENDATORY SECTION(Amending WSR 17-12-047, filed 6/1/17, effective 7/2/17)

WAC 246-282-005Minimum 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 (((2015)))(2017) (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

(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.

AMENDATORY SECTION(Amending WSR 01-04-054, filed 2/5/01, effective 3/8/01)

WAC 246-282-016Aquaculture.

Any person who conducts an aquaculture operation and is in possession of a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must meet all requirements of this chapter((, except such person is exempt from all requirements of this chapter for the purpose of conducting aquaculture activities limited to the following:

(1) A hatchery operation; or

(2) A nursery operation handling only seed that is obtained from a hatchery)).