WSR 24-22-026
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 28, 2024, 7:09 a.m., effective November 28, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-101X WAC, Degrades, license suspensions and revocations for dairy producers and processors, by clarifying current rule language by replacing all gender-specific pronouns with modern gender-inclusive pronouns and removing the reference to RCW
15.36.411 from WAC 16-101X-050, as it was repealed in 1999.
Citation of Rules Affected by this Order: Amending WAC 16-101X-040 and 16-101X-050.
Adopted under notice filed as WSR 24-17-088 on August 19, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 25, 2024.
Derek I. Sandison
Director
OTS-5733.1
AMENDATORY SECTION(Amending WSR 96-24-059, filed 11/27/96, effective 12/28/96)
WAC 16-101X-040How can a degraded dairy farm or milk processing plant operation be regraded?
A producer or processor subject to degrade action for repeat violations must apply on an application provided by the department to have ((his or her))their dairy farm or milk processing plant regraded. The application must be signed by the producer or processor and must state that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected. Within seven days after receiving a completed application for regrade, the department will reinspect the dairy farm or milk processing plant. If the department determines that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected and the degrade period as determined by the director has ended, the department will regrade the dairy farm or milk processing plant operation.
AMENDATORY SECTION(Amending WSR 96-24-058, filed 11/27/96, effective 12/28/96)
WAC 16-101X-050Under what circumstances may the director initiate revocation action against the grade A license of a producer or processor?
The director may initiate revocation proceedings against a dairy producer or milk processor whenever that producer or processor has had ((
his or her))
their milk processing plant operation or dairy farm operation degraded for repeated violations and/or had his or her Grade A producer's license or milk processing plant license suspended and/or his or her milk degraded due to temperature violations, excessive coliform bacteria counts, total bacterial counts, or somatic cell counts, more than four times within a continuous three year period. A license may also be revoked as provided for in RCW
15.36.401 ((
or 15.36.411)).