WSR 00-03-052

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed January 14, 2000, 2:14 p.m. ]

Subject of Possible Rule Making: Adoption of the 2000 edition of National Institute of Standards and Technology (NIST) Handbook 44, Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices. Adoption of portions of NIST Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Specifically, chapters in NIST Handbook 130 entitled "Uniform Regulation for the Method of Sale of Commodities," "Uniform Packaging and Labeling Regulation" and "Examination Procedure for Price Verification," as well as guidelines governing the method of sale of fresh fruits and vegetables.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.94.190 and 19.94.195.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules and regulations contained in NIST Handbook 44 provide for uniform testing procedures and tolerances of weighing and measuring devices. RCW 19.94.195 requires the director to adopt the most current version of NIST Handbook 44. NIST Handbook 130 provides for uniform rules and regulations governing labeling, method of sale and examination procedure for price verification. Both handbooks are developed by the National Conference on Weights and Measures and are adopted by nearly all fifty states.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study; and the agency will consult with the weights and measures advisory group.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jerry Buendel, Program Manager, Washington State Department of Agriculture, Weights and Measures Program, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1856, fax (360) 902-2086, e-mail jbuendel@agr.wa.gov.

January 6, 2000

Julie C. Sandberg

Assistant Director

Washington State Code Reviser's Office