WSR 97-09-080

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 22, 1997, 11:55 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-05-038.

Title of Rule: Weights and measures--National handbooks.

Purpose: To establish requirements for the state of Washington that are reasonably consistent with uniform state rules that have been adopted by the National Conference of Weights and Measures and that are in effect in other states.

Other Identifying Information: Subject matter encompasses: (1) Uniform specifications, tolerances and other technical requirements for weighing and measuring devices; (2) uniform procedures for checking the net contents of packaged goods; (3) uniform packaging and labeling requirements; (4) uniform method of sale of commodities requirements; and (5) examination procedures for price verification.

Statutory Authority for Adoption: Chapter 19.94 RCW.

Statute Being Implemented: RCW 19.94.190, [19.94].195, [19.94].230, [19.94].340, [19.94].350, [19.94].370, [19.94].390, [19.94].400, and [19.94].420.

Summary: These rules will update Washington's weights and measures regulations and ensure they are reasonably consistent with the most recent uniform state rules adopted by the National Conference on Weights and Measures and with those in effect in other states. Adoption will permit Washington businesses and consumers to realize the same benefits of improved technology in weighing and measuring that businesses and consumers in other areas of the United States enjoy.

Reasons Supporting Proposal: This rule incorporates the most current weights and measures requirements addressed and adopted by the National Conference on Weights and Measures into Washington state rule so that they are reasonably consistent with national uniform state rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Arrington, 1111 Washington Street, Olympia, WA, (360) 902-1856.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will update Washington state's weights and measures regulations and ensure that they are reasonably consistent with the most recent uniform state rules that have been adopted by the National Conference on Weights and Measures and that are in effect in other states. This rule consolidates under one rule: (1) The adoption of device specifications, tolerances and other technical requirements covered in the National Institute of Standards and Technology (NIST) Handbook 44; (2) checking the net contents of packaged goods as prescribed in the National Bureau of Standards (NBS) Handbook 133 with supplements; and (3) packaging and labeling; method of sale of commodities; and examination procedures for price verification as addressed in NIST Handbook 130.

Proposal Changes the Following Existing Rules: By adopting this rule, Washington's current regulations will be updated and incorporate the most recent uniform state rules, adopted by the National Conference on Weights and Measures. The consolidation of these regulations under this one rule will allow the department to repeal five WACs.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These requirements are already in effect in Washington and the update to reflect the most current uniform state rules adopted by the National Conference on Weights and Measures will impose no additional costs upon business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Natural Resources Building, 2nd Floor, Room 205, 1111 Washington Street, Olympia, WA, on May 27, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 22, 1997, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Washington State Department of Agriculture, Attn: Bob Arrington, P.O. Box 42560 or 1111 Washington Street, Olympia, WA 98504-2560, FAX (360) 902-2086, by May 27, 1997, 5:00 p.m.

Date of Intended Adoption: May 29, 1997.

April 22, 1997

Julie C. Sandberg

Assistant Director

Chapter 16-662 WAC


WEIGHTS AND MEASURES--NATIONAL ((BUREAU OF STANDARDS)) HANDBOOKS

NEW SECTION

WAC 16-662-100 Purpose. The purpose of this rule is to establish requirements for the state of Washington that are reasonably consistent with uniform state rules that have been adopted by the National Conference on Weights and Measures and that are in effect in other states. This chapter applies specifically to subject areas for:

(1) Uniform specifications, tolerances and other technical requirements for weighing and measuring devices addressed in the National Institute of Standards and Technology Handbook 44;

(2) Uniform procedures for checking the net contents of packaged goods addressed in the National Bureau of Standards Handbook 133 with supplements;

(3) Uniform packaging and labeling requirements;

(4) Uniform method of sale of commodities requirements; and

(5) Uniform examination procedures for price verification addressed in the National Institute of Standards and Technology Handbook 130. The publications cited in this chapter, Handbook 44, Handbook 130 and Handbook 133, may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. For information regarding the contents of these publications, contact weights and measures in the Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560.

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NEW SECTION

WAC 16-662-105 Adoption--Weighing and measuring equipment requirements--Package checking--Packaging and labeling--Method of sale--Price verification. (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment shall be those contained in the 1997 Edition of the National Institute of Standards and Technology (NIST) Handbook 44, published by the U.S. Department of Commerce, entitled the National Institute of Standards and Technology Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

(2) The procedures for checking the accuracy of the net contents of packaged goods shall be those contained in the Third Edition of National Bureau of Standards (NBS) Handbook 133 published by the United States Department of Commerce, entitled the National Bureau of Standards Handbook 133 - Third Edition - Checking the Net Contents of Packaged Goods as modified by NIST Handbook 133 Supplements 1, 2, 3, and 4, issued in 1990, 1991, 1992, and 1994 respectively.

(3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification shall be those contained in the 1997 Edition of National Institute of Standards and Technology Handbook 130, entitled the NIST Handbook 130 - Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality, specifically:

(a) Weights and measures requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, 1997 Edition.

(b) Weights and measures requirements for the method of sale of food and nonfood commodities shall be those found in the Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, 1997 Edition.

(c) Weights and measures requirements for price verification shall be the Examination Procedures for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, 1997 Edition.

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NEW SECTION

WAC 16-662-110 Modifications to NIST Handbook 44. The following modifications are made to Handbook 44, identified in WAC 16-662-105:

(1) General Code:

(a) Section G-T. Tolerances. In paragraphs (b), (c), and (d) of subsection G-T.1. "Acceptance Tolerances", change "30 days" to "90 days".

(b) Section G-UR. User Requirements. In the last sentence of subsection G-UR.4.1. "Maintenance of Equipment", change "device user" to "device owner or operator".

(2) Scale Code: Section UR.3. Use Requirements. At the end of subsection UR.3.7.(a) add "and homeowner refuse".

(3) Appendix D Definitions, Direct Sale. Replace with the following: "A sale in which both parties in the transaction are present when the quantity is being determined."

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NEW SECTION

WAC 16-662-115 Modifications to NIST Handbook 130. The following modifications are made to the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):

(1) Section 2.5. Peat and Peat Moss. Modify Section 2.5.2.2. Cubic Measure by deleting the struck-through words as follows: 2.5.2.2. Cubic Measure. -- Peat and peat moss sold in terms of cubic measures shall be offered and exposed for sale only in liters and/or cubic feet. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state.

(2) Section 2.20. Gasoline-Oxygenate Blends. Delete Section 2.20 because requirements for this subject are addressed in RCW 19.94.505 and chapter 16-657 WAC.

(3) Section 2.23. Animal Bedding. Add a new subsection 2.23.1. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state of Washington shall be in terms of cubic measure or units and fractions thereof.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-662-070 Promulgation.

WAC 16-662-071 Replacement of amendments.

Legislature Code Reviser

Register

Washington State Code Reviser's Office