Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-282-005 Minimum performance standards for commercial shellfish operations.

Purpose: To adopt by reference the 1997 national shellfish sanitation program (NSSP) model ordinance.

Statutory Authority for Adoption: RCW 69.30.030.

Summary: The proposed amendment updates the reference in the minimum performance standards from the national shellfish sanitation program (NSSP) 1995 manual of operations to the NSSP 1997 shellfish sanitation model ordinance.

Name of Agency Personnel Responsible for Drafting: Ned Therien, Tumwater, (360) 236-3326; Implementation and Enforcement: Jennifer Tebaldi, Tumwater, (360) 236-3325.

Name of Proponent: Washington State Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The NSSP shellfish sanitation model ordinance contains specific requirements for safe production, processing, and distribution of molluscan shellfish. The FDA reviews each state's shellfish sanitation control program for compliance with the model ordinance. This rule should be adopted to ensure the state's compliance with the NSSP model ordinance without which shellfish dealers will not be able to continue shipping their shellfish interstate.

Proposal Changes the Following Existing Rules: The proposal deletes the outdated reference to the 1995 NSSP manual of operations and replaces it with a new reference to the 1997 NSSP model ordinance.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for rules that adopt national consensus codes by reference.

RCW 34.05.328 does not apply to this rule adoption. Rules adopting national consensus codes by reference have been exempted from significant analysis under RCW 34.05.328 (5)(b)(iii).

Hearing Location: Goldendale Public Utilities Department Building, 1313 South Columbus, Goldendale, WA, on August 12, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Ned Therien by July 31, 1998, TDD 1-800-833-6388.

Submit Written Comments to: Ned Therien, P.O. Box 7824, Olympia, WA 98504-7824, fax (360) 236-2257.

Date of Intended Adoption: August 12, 1998.

June 30, 1998

Sylvia I. Beck

Executive Director

State Board of Health

AMENDATORY SECTION (Amending WSR 98-03-096, filed 1/21/98, effective 2/21/98)

WAC 246-282-005  Minimum performance standards. (1) Every person engaged in a shellfish operation shall comply with and shall be subject to:

(a) The (("satisfactory compliance" standards)) requirements of the ((1995 revision of the)) 1997 National Shellfish Sanitation Program (NSSP) ((Manual of Operations Part I and II)) Model Ordinance, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration. Copies can be obtained through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of shellfish programs.

(b) The provisions of 21 CFR, 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 can be obtained through the U.S. Food and Drug Administration, Office of Seafood, and the Washington state department of health, office of shellfish programs.

(c) All other provisions of this chapter.

(2) Where a "satisfactory compliance" provision or a provision of 21 CFR, Part 123, is inconsistent with a provision otherwise established under this chapter or other state law or rule, the more stringent provision, as determined by the department, shall apply.

[Statutory Authority: RCW 69.30.030. 98-03-096, § 246-282-005, filed 1/21/98, effective 2/21/98; 96-18-096, § 246-282-005, filed 9/4/96, effective 10/5/96; 94-23-026, § 246-282-005, filed 11/8/94, effective 12/9/94.]