DEPARTMENT OF HEALTH

[Filed June 28, 2021, 10:38 a.m., effective July 29, 2021]

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

Purpose: WAC 246-282-005 sanitary control of shellfish, minimum performance standards. 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 2017 to the most recently adopted 2019 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.

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

Statutory Authority for Adoption: RCW 96.30.030 [69.30.030].

Adopted under notice filed as WSR 21-10-087 on May 3, 2021.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 28, 2021.

Division of Environmental

AMENDATORY SECTION(Amending WSR 19-14-094, filed 7/1/19, effective 8/1/19)

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 (((2017)))(2019) (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.