Original Notice.

Preproposal statement of inquiry was filed as WSR 94-12-088.

Title of Rule: Chapter 246-282 WAC, Sanitary control of shellfish.

Purpose: To adopt by reference the 1999 National Shellfish Sanitation Program (NSSP) Model Ordinance, make revisions in this chapter to be consistent with the 1999 NSSP Model Ordinance, adopt Department of Health (DOH) shellfish operation licensing policies into WAC, and adopt recommendations of the department's Shellfish Advisory Committee into WAC.

Statutory Authority for Adoption: RCW 69.30.030.

Summary: The proposed amendments include referencing the current 1999 NSSP Model Ordinance; clarifying applicability; adopting licensing procedures from policy into rule; interpreting model ordinance requirements on aquaculture, handling of shellfish in areas with temporary closures, reuse of tags, and relay; adding definitions, wild seed permits, bait harvest permits, wet storage permits for on-shore tanks, and DOH review of construction plans; establishing a standard penalty schedule.

Reasons Supporting Proposal: State rules must be consistent with the current NSSP Model Ordinance in order for Washington shellfish to be shipped interstate.

Name of Agency Personnel Responsible for Drafting: Ned Therien, Tumwater, (360) 236-3012; Implementation and Enforcement: Judy Dowell, Tumwater, (360) 236-3313.

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 Model Ordinance contains specific requirements for safe production, processing, and distribution of molluscan shellfish. The model ordinance is updated every two years based on decisions of the Interstate Shellfish Sanitation Conference and the Food and Drug Administration (FDA). The FDA reviews each state's commercial shellfish sanitation program for compliance with the model ordinance. If the state's program is not consistent with the model ordinance, the FDA will not allow interstate shipment of raw molluscan shellfish from that state. Most of the specific procedures for licensing shellfish operations are left to the states to formulate in rule. Also, the model ordinance gives the states some options for implementing specific sanitation standards. However, many sanitation standards are strictly prescribed by the model ordinance. The State Board of Health (SBOH) last made major revisions to chapter 246-282 WAC in 1978. Periodic updates to the state rules have been made since then, including adopting updates of the NSSP standards and the, new in 1997, FDA Hazard Analysis Critical Control Point rules for seafood by reference. A shellfish advisory committee formed by DOH made recommendations in 1997 that DOH make some rule revisions to allow some new harvesting opportunities and to assure that DOH resources are used efficiently. Recent state statutory changes require adoption of some policies into rule. This major rule revision updates many parts of the rule to be consistent with the model ordinance, adopt recommendations of the advisory committee, and adopt DOH policy into rule.

Proposal Changes the Following Existing Rules: The proposed amendments include referencing the current 1999 NSSP Model Ordinance; clarifying applicability; adopting licensing procedures from policy into rule; interpreting model ordinance requirements on aquaculture, handling of shellfish in areas with temporary closures, and reuse of tags; revising relay permit requirements to be consistent with the model ordinance; adding definitions, wild seed permits, bait harvest permits, wet storage permits for on-shore tanks, and DOH review of construction plans; establishing a standard penalty schedule.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

     Chapter 246-282 WAC, Sanitary control of shellfish, is the primary mechanism used by the department for ensuring that the industry meets the requirements of the National Shellfish Sanitation Program and for fulfilling its statutory direction to regulate the commercial shellfish industry for the protection of public health. This WAC chapter is primarily a rule of the State Board of Health. Although piecemeal changes have been adopted over the past ten years, the chapter has not been comprehensively reviewed and revised since 1978. In 1996, the department convened the Shellfish Advisory Committee, comprised of industry members; citizen action groups; and representatives of local, state, federal and tribal governments, to aid the department in review of the rules and to provide input for revisions. Many of their recommendations have been incorporated into this chapter revision. Another reason for revising the chapter at this time is the recent adoption of the NSSP MO by reference into the rule. The requirements of the MO have been regularly updated and are now incorporated by reference as rule. However, this has left some portions of chapter 246-282 WAC outdated or redundant. And, while the MO provides a framework and many requirements for shellfish regulation, there are many areas that are not specific enough or are left to the shellfish control agency to decide. The focus of this chapter revision is to delete obsolete portions of the rule and make sure that the rule and the MO work together to provide a complete and consistent regulation of commercial shellfish activities in Washington state.

     Small Business Economic Impact Statements: Pursuant to requirements of the Regulatory Fairness Act (act), state agencies must prepare a small business economic impact statement (SBEIS) prior to proposing a new regulation. The impetus for this legislation was a concern that regulatory mandates could "...threaten the very existence of some small businesses" (RCW 19.85.011). The act defines a small business as "any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees" (RCW 19.85.020).

     The Department of Health prepared this SBEIS on behalf of the SBOH as required by the Regulatory Fairness Act. The department used the following process to determine whether the act mandates that the proposed rule include regulatory relief for small businesses.

Step I	Determine the categories of businesses affected by the proposed regulations
Step II	Determine the employment profile for each business category
Step III	Determine the "more than minor" cost threshold
Step IV	Determine whether the estimated cost exceeds the "more than minor" cost threshold for each category of business
Step V	Determine whether the proposed regulation imposes a disproportionate cost burden on small businesses
Step VI	Determine whether regulatory relief is legal and feasible
Step VII	Describe the regulatory relief provided to small businesses
Step VIII	Miscellaneous SBEIS requirements

     This process need not result in the provision of regulatory relief. At several steps along this process the department could determine that regulatory relief is not warranted or even that an SBEIS is not necessary. For example, if in Step II all businesses found within an industrial category had more (or less) than fifty employees, the regulation could not, by definition, disproportionately affect small businesses. Such a finding would obviate the need to provide regulatory relief. Or, if the cost to businesses determined in Step IV were below the "more than minor" cost threshold, then, by law, a SBEIS is not required. Similarly, the department could determine that it could not legally provide regulatory relief in Step VI.

     Step I: What businesses are affected by the proposed regulation? The businesses affected by the proposed regulation are commercial shellfish operations licensed by the department. These include businesses that grow, harvest, process and sell commercial quantities of shellfish for human consumption. The regulations do not apply to retail food establishments or people engaged in recreational shellfish activities. The department currently licenses about 350 operations that likely fall into two standard industrial classification (SIC) codes. They are:

     2092 - Establishments primarily engaged in preparing fresh and raw or cooked frozen fish and other seafoods including shucking and packing fresh oysters.

     0913 - Establishments primarily engaged in the catching or taking of shellfish.

     Step II: What is the employment profile of businesses affected by the proposed regulation? The vast majority of commercial shellfish operations licensed by DOH meet the definition of small businesses (under fifty) employees. There are six businesses with more than fifty employees. However, two of those are huge national food distributors who have sales of molluscan shellfish that are less than one percent of total product sales and are not considered in this analysis. For the purposes of this analysis the department will consider the costs to two categories of shellfish operations: Zero to 49 employees (small) and over fifty (large).

     Step III: What are the "more than minor" cost thresholds for businesses affected by the proposed regulation? A SBEIS is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" thresholds were developed by the Washington State Business Assistance Center (Department of Community, Trade and Economic Development) and range from $50 to $300 depending on a businesses' SIC code. The threshold for SIC codes in the three digit 091 category is $50 so the department will use this as the basis for determining if an SBEIS needs to be completed.

     Step IV: Do the costs imposed by the proposed rule exceed the "more than minor" cost thresholds? The proposed regulations potentially impose new costs in several areas. The regulations create new permits for specialized activities requested by the industry. It is unlikely that any one business would incur all the potential costs because most businesses will engage in one or two activities, but not all. Some of the changes would require an additional cost only in the rarest of circumstances. The following table describes the potential costs from changes to the regulations.

Sections with Potential Costs	Activity Required	Potential Costs	Comments
-012 Certificates of Approval	Harvest site certificate - complete application and provide DOH with a parcel map showing harvest site	2 hrs. labor at $25/hr	Exceeds threshold. Only required for new harvest sites. Licensee may have to obtain parcel map from county assessor's office.
-014 Operating Provisions	Telephone message device	$40 for answering machine	Does not exceed threshold. It only affects a very few licensees – most already have phones with message devices.
-032 Relay Permit	1. Application and plan of operations 2. Write validation study plan 3. Collect samples 4. Lab test fees 5. Stake grow-out site	4 hrs. at $25/hr 0-16 hrs. at $25/hr 0-4 hrs. at $10/hr Lab charge $0-$3,000 4 hrs. at $10/hr	Exceeds threshold. If relay is done both during warm and cold seasons, two validation studies are required. No validation study is required for relay over six months.
-034 Wild Seed Permit	1. Application and plan of operations 2. Stake grow-out site 3. Monitor harvest (prohibited areas only)	4 hrs. at $25/hr 4 hrs. at $10/hr 0-40 hrs. at $25/hr	Exceeds threshold. Total time harvesting is hard to estimate.
-036 Bait Permit	1. Application and plan of operations 2. Monitor harvest (prohibited areas only)	3 hrs. at $25/hr 0-40 hrs. at $25/hr	Exceeds threshold. Total time harvesting is hard to estimate.
-070 Construction of physical facilities	1. Obtain extra copy of prepared plans 2. Send plans to DOH for review	$20 Postage $3	Does not exceed threshold.
-080 Identification and Records	Increase record retention from 6-12 months to 3 years	Potentially requires new file cabinet - $300 - for some licensees.	May exceed threshold for a few licensees. However, records may be stored in cardboard boxes or on computer disk.

     Step V: Does the proposed regulation impose a disproportionate cost burden on small businesses? To determine whether the proposed rule will disproportionately affect small businesses, the act requires a comparison of "the cost of compliance for small business with the cost of compliance for the ten percent of (the largest) businesses... using one or more of the following as a basis for comparing costs:

     (a) Cost per employee;

     (b) Cost per hour of labor; or

     (c) Cost per $100 of sales." (RCW 19.85.040)

     The department conducted a telephone survey of twenty licensees in the category of small businesses and the four licensees in the category of large businesses. The average annual total sales for the small businesses was $500,000 per firm and $56,000 per employee. The average annual total sales for the large businesses was $20,000,000 per firm and $125,000 per employee.

     -012 Certificates of Approval: The cost to complete an application for the department to approve a new harvest site will be about $50 for a licensee. A licensee must only submit an application for new harvest sites not already approved for harvesting by that licensee. No new requirement would be imposed on operations that have only established harvest sites. Some small companies apply for harvest site approvals as frequently as large, well-established companies. The cost will be the same, no matter the size of the operation. The burden would be disproportionately greatest for new operations and those that rely on short-term harvesting of leased properties, which are small businesses, rather than for large operations that have established aquaculture practices at long-worked shellfish beds. The new cost burden will be disproportionately greatest for small businesses because the cost for a harvest site application would be about $0.01 per $100 of sales for a small business vs. $0.00025 per $100 sales for a large business.

     -032 Relay Permit: The cost to complete a relay permit application and plan of operations; prepare and conduct required validation studies; have samples analyzed by an approved laboratory; and to stake a grow-out site will range from about $1560-2060 for a half-year period to about $2580-3580 for a full-year period. A licensee who relays for a minimum grow-out period of six months will not be required to conduct a validation study and, therefore, will have new costs of only about $140. Some small companies apply for relay permits as frequently as large, well-established companies. The cost will be the same, no matter the size of the operation. The new cost burden will be disproportionately greatest for small businesses because the cost for a relay permit would be about $0.03 - 0.72 per $100 of sales for a small business vs. $0.0007 - 0.018 per $100 sales for a large business.

     -034 Wild Seed Permit: The cost to complete a wild seed permit application and plan of operations will range from about $140 to $1140. The cost will be the same, no matter the size of the operation. The new cost burden will be disproportionately greatest for small businesses because the cost for a wild seed permit would be about $0.03 - 0.23 per $100 of sales for a small business vs. $0.0007 - 0.0057 per $100 sales for a large business.

     -036 Bait Permit: The cost to complete a bait permit application and plan of operations will range from about $75 to $1075. The cost will be the same, no matter the size of the operation. The new cost burden will be disproportionately greatest for small businesses because the cost for a wild seed permit would be about $0.015 - 0.215 per $100 of sales for a small business vs. $0.0004 - 0.0054 per $100 sales for a large business.

     -080 Identification and Records: Current requirements are that harvesters must keep records for six months and dealers (shellstock shippers and shucker packers) must keep them for twelve months. The cost to store records an additional twenty-four to thirty months is estimated to be, at maximum, the cost of a file cabinet - about $300. However, a licensee could keep records in cardboard boxes or on computer disk for an additional cost of less that [than] $50. The department has determined that the provision will not commonly result in an extra expense to licensees. Of twenty-four licensees surveyed by telephone, only two said that they were not currently storing most of the required records for three or more years. The general business practice of the licensees is to keep records three to seven years for income tax purposes and for analysis of business trends. Based on these factors, the department finds that this provision will not impose a disproportionate cost burden on small businesses.

     Step VI: Is regulatory relief for small businesses necessary, legal and feasible? The department has determined that some of the rule changes proposed would impose a disproportionate cost on small businesses vs. large businesses. However, the department has identified only four large businesses to exist that would potentially be significantly affected by the rule revision. There are three hundred thirty-five small businesses that would potentially be significantly affected by the rule. The department developed the new provisions specifically to the level of control required for small businesses. The control of small shellfish businesses actually requires more public health provisions than of large shellfish businesses because the small operations are less able to have an employee who is knowledgeable about quality assurance and the principles of food safety.

     In order to mitigate the disproportionate impact of the rules on small businesses, the department will provide assistance to small shellfish business licensees for preparation of the first application of any new type required by the rule revision. Large shellfish businesses have one or more employees who are knowledgeable about how to complete such applications and should need little assistance.

     Step VII: Miscellaneous SBEIS requirements.

     How did the department involve affected businesses and other interested parties in the development of the rule? The department began soliciting stakeholder input in 1994 on issues that needed to be addressed in a major revision of chapter 246-282 WAC. National shellfish standards were changing rapidly and the state regulations were becoming inconsistent. The department formed a shellfish advisory committee in 1996 to review many aspects of shellfish safety. During 1997, the committee developed recommendations that included some changes to the regulations. The findings of the committee were summarized in a report dated September 30, 1997. Many of the recommendations were incorporated into the current proposed rule revision.

     Drafts of the proposed rule revision have been circulating amongst stakeholders since the spring of 1999. The shellfish program scheduled special workshops to solicit comments on the proposal at approximately monthly intervals beginning June 23, 1999, and concluding December 3, 1999. The program received extensive comments during the workshops, resulting in extensive changes to the proposed rule revision.

     The department announced the workshops by special letter and newsletter sent to all shellfish operation licensees. Twenty-eight members of the shellfish industry attended the various workshops. The 1999 workshop schedule and principal issues discussed at each were as follows:

     June 23; relay permits.

     July 8; bait, wild seed, and wet storage permits.

     August 5; harvest site certificates, permit and reinspection fees (restricted by I-695).

     September 1; emergency contact, gloves for packers (removed), and construction plan review.

     October 18; all issues listed above (held in South Bend).

     November 9; complete proposed revision.

     December 3; complete proposed revision.

A copy of the statement may be obtained by writing to Ned Therien, Office of Food Safety and Shellfish Programs, P.O. Box 47824, Olympia, WA 98504-7824, phone (360) 236-3326, fax (360) 236-2257.

RCW 34.05.328 applies to this rule adoption. This is a significant rule. The provisions must be met in order to obtain a commercial shellfish harvester or wholesale dealer license. Violation of the provisions may result in suspension or revocation of a license.

Hearing Location: 7171 Cleanwater Lane, Building 6, Tumwater, on December 8, 2000, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Jan Jacobs, (360) 236-3316, by November 19, 2000, TDD (800) 833-6388.

Submit Written Comments to: Ned Therien, P.O. Box 47824, Olympia, WA 98504-7824, e-mail to ned.therien@doh.wa.gov or fax (360) 236-2250, by December 8, 2000.

Date of Intended Adoption: December 8, 2000.

October 30, 2000

Nancy Ellison

Deputy

for Mary Selecky

Secretary

OTS-4240.3

AMENDATORY SECTION(Amending Order 124B, filed 12/27/90, effective 1/31/91)

WAC 246-282-001
Scope and purpose.

These requirements, as authorized under chapter 69.30 RCW (((chapter 144, Laws of 1955))), establish minimum performance standards for the growing, harvesting, processing, packing, storage, transporting, and selling of shellfish for human consumption. These requirements do not apply to persons who conduct activities limited to:

     (1) Retail food service, in compliance with the requirements of chapter 246-215 WAC, Food service;

     (2) Personal use, in compliance with requirements of chapters 75.25 RCW, Recreational licenses, and 77.15 RCW, Fish and wildlife enforcement code; and

     (3) Transporting as a common carrier of freight.

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-001, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-001, filed 7/24/78; Regulation 58.001, effective 3/11/60.]

(1) ((Every)) Any person engaged in a shellfish operation ((shall)) or possessing a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must comply with and ((shall be)) is subject to:

     (a) The requirements of the ((1997)) 1999 National Shellfish Sanitation Program (NSSP) Model Ordinance, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration((.)) (copies ((can be obtained)) available through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of food safety and shellfish programs((.)));

     (b) The provisions of 21 Code of Federal Regulations (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)) 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

     (c) All other provisions of this chapter.

     (2) ((Where)) If a (("satisfactory compliance" provision)) requirement of the NSSP Model Ordinance or a provision of 21 CFR, 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, ((shall)) will apply.

[Statutory Authority: RCW 69.30.030.      98-18-066, § 246-282-005, filed 8/31/98, effective 10/1/98; 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.]

The following definitions ((shall)), as well as those in the NSSP Model Ordinance, apply in the interpretation and the implementation of these rules and regulations((:)).

     (1) "Approved" means acceptable to the secretary based on ((his or her)) the department's determination as to conformance with appropriate standards and good public health practice.

     (2) "Certificate of approval" means a license issued by the department.

     (3) "Civil penalty" means a monetary penalty administratively issued by the secretary. It does not include any criminal penalty; damage assessment; wages, premiums, or taxes owed; or interest or late fees on any existing obligation.

     (4) "Commercial quantity" means any quantity exceeding:

     (a) Forty pounds of mussels;

     (b) One hundred oysters;

     (c) Fourteen horse clams;

     (d) Six geoducks; or

     (e) Fifty pounds of other hard or soft shell clams; or

     (f) Fifty pounds of scallops.

     (((3))) (5) "Department" means the state department of health.

     (((4) "Easily cleanable" means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by approved cleaning methods.

     (5) "Food contact surfaces" means those surfaces of equipment and utensils with which the shellfish meat normally comes in contact, and those surfaces that drain onto surfaces that may come into contact with said food being processed.))

     (6) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish.

     (7) "Harvest" means the act of removing shellstock from a harvest site and its placement on or in a container for transport.

     (8) "Harvester" means a shellfish operation with activities limited to growing shellstock, placing shellstock in a container, harvesting shellstock, transporting shellstock within Washington state, and delivering shellstock to a shellfish dealer licensed by the department within four hours of landing it. A harvester does not process shellfish, ship shellfish outside of Washington state, sell shellfish outside of Washington state, sell shellfish to retail outlets, shuck shellfish, repack shellfish, or store shellfish in any location outside of the approved growing area from where the shellfish is harvested.

     (9) "Harvest site" means an area of intertidal or subtidal property within a commercial shellfish growing area, that is described by a unique county parcel number, department of natural resources tract number, department of fish and wildlife catch area number, tribal identification number, or other government identification.

     (10) "Harvest site certificate" means a type of certificate of approval that designates one or more harvest sites approved for the harvesting of shellfish.

     (11) "Hatchery" means an operation where shellfish larvae are produced and grown to the first sessile stage of life.

     (12) "Notice of correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance and is not subject to civil penalties as provided for in RCW 43.05.110. It is not a formal enforcement action and is not subject to appeal. It is a public record.

     (13) "Nursery" means an operation where shellfish are grown from an early sessile stage of life up to a maximum size meeting the definition of shellfish seed.

     (14) "Number of previous violations" means the number of prior violations of the same or a similar nature for which the department has taken a license action or assessed a civil penalty.

     (15) "Person" means any individual, firm, corporation, partnership, company, association, or joint stock association, and the legal successor thereof.

     (((7))) (16) "Person in charge" means an individual responsible for the supervision of employees and the management of any shellfish operation ((as defined in subsection (12) of this section)).

     (((8) "Sanitized" means the treatment of clean surfaces of equipment and utensils by an approved process which is effective in destroying microorganisms, including pathogens.

     (9))) (17) "Public health threat" is either:

     (a) "Low," which means a violation that poses a minor possibility of direct or indirect hazard to public health;

     (b) "Intermediate," which means a violation that poses a moderate possibility of direct or indirect hazard to public health; or

     (c) "High," which means a violation that poses a known significant hazard or possibility of significant direct or indirect hazard to public health.

     (18) "Sale" means to sell; offer for sale; barter; trade; deliver; consign; hold for sale, consignment, barter, trade, or delivery; and/or possess with intent to sell or dispose of in a commercial manner.

     (19) "Secretary" means the secretary of the department of health or the secretary's authorized representative.

     (((10))) (20) "Seed" means shellfish that are less than market size for human consumption and have a maximum shell length of:

     (a) Thirteen millimeters (1/2 inch) for mussels;

     (b) Twenty-five millimeters (1 inch) for scallops;

     (c) Nineteen millimeters (3/4 inch) for Olympia oysters;

     (d) Nineteen millimeters (3/4 inch) for Kumomoto oysters;

     (e) Fifty-one millimeters (2 inches) for other oyster species;

     (f) Thirty-eight millimeters (1 and 1/2 inch) for geoducks; and

     (g) Thirteen millimeters (1/2 inch) for other clam species.

     (21) "Shellfish" means all varieties of fresh or fresh-frozen oysters, clams, scallops or mussels, either shucked or in the shell, and all fresh or fresh-frozen edible products thereof.

     (((11))) (22) "Shellfish dealer" means a person with a shellstock shipper or shucker-packer license.

     (23) "Shellfish growing area((s))" means the lands and waters in and upon which shellfish are grown for harvesting in commercial quantities or for sale for human consumption.

     (((12))) (24) "Shellfish operation" means ((any activity in the)) growing, placing in a container, harvesting, transporting, processing, ((to include, but not limited to)) culling, shucking, packing, and repacking ((or)), storing, shipping, or reshipping of shellfish in commercial quantities or for sale for human consumption.

     (25) "Shellfish operation license" means a type of certificate of approval applying to the overall activities of a shellfish operation.

     (26) "Shellstock shipper" means a shellfish operation that does not shuck shellfish or repack shucked shellfish.

     (27) "Shucker-packer" means a shellfish operation that may shuck and pack shellfish.

     (28) "Technical assistance" means information provided by the department to a person regarding chapter 69.30 RCW; this chapter; technologies or other methods to achieve compliance with these rules; assistance in applying for a departmental license or permit required by these rules; or the goals and objectives of these rules. This is not intended to modify the definition of "technical assistance" as provided in RCW 43.05.010(3).

     (29) "Violation" means the commission of an act or acts prohibited by the provisions of chapter 69.30 RCW, these rules, or the NSSP Model Ordinance.

     (30) "Wild seed" means naturally set seed shellfish.

[Statutory Authority: RCW 69.30.030.      92-02-019 (Order 225B), § 246-282-010, filed 12/23/91, effective 1/23/92.      Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-010, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030 and 43.20.050.      85-21-048 (Order 296), § 248-58-005, filed 10/14/85.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-005, filed 7/24/78.]

(1) The department issues two types of certificates of approval to persons who conduct shellfish operations. They are shellfish operation licenses and harvest site certificates.

     (2) Any person who possesses a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must possess, or act on behalf of a person who possesses, a valid shellfish operation license. To obtain a shellfish operation license, a person must:

     (a) Submit to the department a completed application on a form developed by the department;

     (b) Submit to the department an acceptable written plan of operations that completely describes the shellfish operation;

     (c) Pass a preoperational inspection demonstrating compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance; and

     (d) Pay the department any shellfish operation license fee required by this chapter.

     (3) Any person who harvests a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must possess, or act on behalf of a person who possesses, a valid harvest site certificate. In order for a person to obtain a harvest site certificate, all of the following requirements must be met.

     (a) The person possesses a valid shellfish operation license.

     (b) The person submits to the department a completed application that describes the following characteristics of the site:

     (i) Geographic location;

     (ii) Map showing legal boundaries;

     (iii) Unique government identification number, such as county parcel number, department of natural resources tract number, department of fish and wildlife catch area number, or tribal identification number; and

     (iv) Documentation of legal ownership or lease for shellfish harvesting.

     (c) The harvest site is in a growing area that meets the requirements of chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance for a commercial shellfish growing area.

     (d) The harvest site is not impacted by any actual or potential sources of pollution.

     (e) The harvest site passes a pollution assessment inspection conducted by the department if necessary to determine if the site is impacted by any actual or potential sources of pollution.

     (f) The person signs the current conditionally approved area management plan, if applicable.

     (g) The person pays the department any harvest site application fee required by this chapter.

     (4) All shellfish operation licenses and harvest site certificates for shellfish dealers expire on the thirtieth day of September each year. All shellfish operation licenses and harvest site certificates for harvesters expire on the thirty-first day of March each year, beginning in 2002.

[]

(1) Any person who possesses a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must display a photocopy or original of a valid shellfish operation license, upon request, to any authorized representative of the department, a fish and wildlife patrol officer, or an ex officio patrol officer. Failure to do so subjects the person to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.

     (2) Any person who harvests a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must display a photocopy or original of a valid harvest site certificate, upon request, to any authorized representative of the department, a fish and wildlife patrol officer, or an ex officio patrol officer. Failure to do so subjects the person to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.

     (3) Any person who places a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption in containers at a harvest site must do so only at a site for which the person possesses a valid harvest site certificate.

     (4) The owner(s) of a shellfish operation must designate an individual as the person in charge of the operation. The owner(s) of a shellfish operation that includes one or more harvest sites may designate a different individual as the person in charge of the operation's harvest site(s) than the individual designated as the person in charge of all other phases of the shellfish operation.

     (5) The owner(s) and the designated person in charge of a shellfish operation must:

     (a) Ensure that at least one individual harvesting shellfish on behalf of the operation at each harvest site carry a copy of both the operation license and the harvest site certificate designating that the site is approved by the department for harvesting by that operation;

     (b) Furnish shellfish tags meeting the requirements of chapter 69.30 RCW, these rules, and the NSSP Model Ordinance to those individuals harvesting on behalf of the operation;

     (c) Ensure, by supervision at harvest sites or other adequate means, that those individuals working on behalf of the operation harvest only from harvest sites approved by the department for the operation; and

     (d) Notify the department if an owner or person in charge has reason to believe that any individual is using the operation's tags, shellfish operation license, or harvest site certificate for any purpose other than one approved by the department.

     (6) The designated person in charge of a shellfish operation must have a functioning telephone message device or service issued by a telephone service provider to the owner(s) or person in charge. The person in charge must:

     (a) Monitor the device or service each day that the shellfish operation is active, regarding messages from the department about emergency closure of harvest areas or recall of shellfish products; and

     (b) Notify the department whenever the telephone number used for this purpose changes; or

     (c) Maintain another equivalent method of contact with the department approved in the plan of operations.

[]

Any person who conducts an aquaculture operation and is in possession of a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must meet all requirements of this chapter, except such person is exempt from all requirements of this chapter for the purpose of conducting aquaculture activities limited to the following:

     (1) A hatchery operation; or

     (2) A nursery operation handling only seed that is obtained from a hatchery.

[]

(1) ((All shellfish to be sold as defined in RCW 69.30.010(2) in the state of Washington shall be obtained from approved growing areas or from approved growing areas outside the state that have programs of control and standards equivalent to that of the state of Washington.

     (2) Approved shellfish growing areas shall be located in areas not adversely affected by human waste, industrial or natural toxins, recreational use, or other sources of pollutants which may have a detrimental influence on the water quality of the shellfish growing beds and subsequent hazards to the human consumers of shellfish.

     (3) No commercial quantities of shellfish or shellfish to be sold as defined in RCW 69.30.010(2), for human consumption, shall be harvested from growing areas which are not approved as provided herein: Provided, That permission may be granted by the director for the removal of shellfish from nonapproved growing areas for relaying to approved growing areas under the following conditions:

     (a) Shellfish shall be relayed to a designated, approved growing area for a minimum of two weeks or for a longer time period as prescribed by the director.

     (b) Relaying and subsequent removal from the approved area for sale or shipment shall be under the supervision of the director.

     (c) Records shall be kept showing growing areas from which the shellfish were taken, where relayed, dates of relaying, and dates of harvesting.

     (4) All boats, oyster harvesters, and floats used for harvesting or transporting shellfish shall be so constructed, operated, and maintained as to prevent contamination or deterioration of the shellfish.      Approved facilities shall be provided for the disposal of human waste.)) Any person who harvests a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must do so only from a harvest site that meets one or more of the following conditions:

     (a) The department has classified the growing area as "approved" or "conditionally approved," according to provisions of the NSSP Model Ordinance and the harvest site is in open status at the time of harvest;

     (b) The department has approved the harvest site according to provisions of a permit for relay, wild seed, or bait;

     (c) The harvest site is used for shellfish activities limited to a hatchery or a nursery operation handling only seed obtained from a hatchery; or

     (d) The harvest site is used for shellfish activities limited to the initial harvest of seed attached to containerized empty shellfish shells.

     (2) The department classifies a shellfish growing area as "restricted" or "prohibited" according to provisions of the NSSP Model Ordinance. However, the department considers classifying a harvest site as "restricted" only when the department has received a valid application for a permit for relay or wild seed harvest from the site.

     (3) While a harvest site is in closed status, no person may move shellfish from it to a location outside of the harvest site or above the mean low tide line of the harvest site, unless the department has approved:

     (a) Harvesting shellfish by that person from the site according to provisions of a permit for relay, wild seed harvest, or bait harvest; or

     (b) Moving shellfish by that person from the site to another site in a natural body of water within the same "conditionally approved" growing area under a written plan of operations.

     (4) Harvesting is prohibited from all growing areas unclassified by the department.

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-020, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030 and 43.20.050.      85-21-048 (Order 296), § 248-58-010, filed 10/14/85.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-010, filed 7/24/78; Regulation 58.010, effective 3/11/60.]

(1) The department will issue a relay permit to a person to move shellfish from a harvest site in a growing area classified as "restricted" or "conditionally approved" in closed status meeting the criteria for "restricted" classification, if all of the following conditions are met.

     (a) The person possesses a valid shellfish operation license.

     (b) The person possesses a valid harvest site certificate listing both the initial harvest site and the grow-out site.

     (c) The initial harvest site and grow-out site meet the requirements for relay specified in this chapter and the NSSP Model Ordinance.

     (d) The person submits a completed written application and plan of operations approved by the department completely describing the procedures and conditions of the relay operation.

     (e) The person conducts and documents a separate validation study approved by the department for each of the following periods of time when shellfish will be relayed:

     (i) May 1 through October 31; and

     (ii) November 1 through April 30.

     (f) The person pays the department a relay permit application fee or renewal fee as required by this chapter.

     (2) Each validation study for a relay permit must demonstrate that shellfish harvested from a specified initial site do not contain excessive levels of fecal coliform bacteria and when relayed to a specified grow-out site for a specified time period consistently purge themselves of bacteria to approved levels. Each validation study must meet all of the following conditions.

     (a) It must document that the geometric mean fecal coliform bacteria level in a minimum of five 100-gram tissue samples, representative of shellfish of the same species in the entire initial harvest site, is equal to or less than 1300, with no sample having more than 2300.

     (b) It must document that specified relay procedures, times, and environmental conditions reduce fecal coliform bacteria in a minimum of five 100-gram tissue samples, representative of the entire lot of shellfish relayed, to levels that are equal to or less than:

     (i) 330, with no more than two samples having greater than 230; or

     (ii) Ten percent greater than the geometric mean of a minimum of five 100-gram tissue samples representative of the same shellfish species grown continuously for a minimum of six months at the grow-out site.

     (c) It must be repeated a minimum of every twelve years for a continuing operation and whenever relay conditions change.

     (d) All samples must be analyzed by an approved laboratory.

     (3) A person operating under a relay permit must follow all procedures in the plan of operations approved by the department.

     (a) The person must stake or mark the grow-out site to be easily identified by the person until the minimum relay period of time is passed.

     (b) The person must consider the beginning of the minimum relay time period for a lot to be the moment that the last part of the lot is added to the grow-out site.

     (c) The person must relay shellfish to a designated grow-out site for a minimum of seven days, or longer period of time as approved by the department. For each lot of shellfish relayed to a site for a grow-out period of less than fourteen days, the person must:

     (i) Collect at least one sample from the shellfish lot at the initial harvest site and have it analyzed by an approved laboratory to demonstrate that the lot contains no more than 2300 fecal coliform bacteria per 100 grams of shellfish tissue;

     (ii) Collect at least one sample from the shellfish lot at the grow-out site at the end of the relay period and have it analyzed by an approved laboratory to demonstrate that the lot contains fecal coliform bacteria within the maximum limits determined by a validation study, as described in subsection (2)(b) of this section, before releasing control of the shellfish lot;

     (iii) Monitor environmental parameters of water temperature and salinity at the grow-out site at least once during the relay period; and

     (iv) Send results of lot sample analyses and environmental parameter monitoring to the department monthly.

     (d) The person must keep records for each relayed lot of shellfish that show a lot identification number; the species, location, date, and quantity moved from the initial harvest site; the grow-out location; and the date of first harvest of any of those shellfish from the grow-out site.

     (4) A person is exempt from any fees for an initial application and a validation study conducted by the department for a relay permit for the purpose of relaying shellfish from a growing area that the department downgraded from a classification of "approved" or "conditionally approved" to "restricted" within the previous twenty-four months.

     (5) A person's relay permit expires on the same date as the person's shellfish operation license.

     (6) A person is exempt from the provisions of subsection (1) (e) of this section for the purpose of relaying shellfish to an approved grow-out site for a minimum of six months.

     (7) A person possessing a valid shellfish operation license may act as an agent for another person possessing a valid shellfish relay permit for the purpose of harvesting shellfish from the initial harvest site specified in the permit, provided that the agent conducting the harvest is:

     (a) Documented in the permit;

     (b) In possession of a copy of the permit at the time of harvest; and

     (c) Conducting activities described in the written plan of operations approved by the department for the agent's shellfish operation.

[]

(1) The department will issue a wild seed permit to a person to move shellfish from a harvest site in a growing area classified by the department as "conditionally approved" in closed status, "restricted," or "prohibited," if all of the following conditions are met.

     (a) The person possesses a valid shellfish operation license.

     (b) The person possesses a harvest site certificate listing both the initial harvest site for the seed and the grow-out site.

     (c) The original harvest site has acceptable levels of poisonous chemicals, is not in an area known to be a hazardous chemical disposal site, and is not in a closure zone of a wastewater treatment plant or marina.

     (d) The grow-out site is in a natural body of water classified by the department as "approved" or "conditionally approved."

     (e) The person submits a completed written application and plan of operations approved by the department completely describing the procedures of the wild seed operation, including the size distribution of the seed.

     (f) The person pays the department a wild seed permit application fee or renewal fee as required by this chapter.

     (2) A person operating under a wild seed permit must:

     (a) Follow all procedures in the plan of operations approved by the department;

     (b) Harvest seed from an area classified as "prohibited" only during daylight hours;

     (c) Harvest seed from an area classified as "prohibited" only under direct monitoring by a person approved by the department;

     (d) Leave seed in a grow-out site for a minimum of six months before final harvest;

     (e) Limit harvest of live shellfish larger than seed size attached to, or commingled with, the seed to less than five percent of the total number of the shellfish harvested from the site;

     (f) Place any live shellfish larger than seed size attached to, or commingled with, the seed in the grow-out site for a minimum of six months after initial harvest;

     (g) Stake or mark the grow-out site to be easily identified by the person for a minimum of six months from the time of moving to the site any seed attached to, or commingled with, shellfish larger than seed size; and

     (h) Keep records for each lot of seed harvested that show a lot identification number; the species, location, date, and quantity moved from the initial harvest site; the grow-out location; and the date of first harvest of any of those shellfish from the grow-out site.

     (3) A person's wild seed permit expires on the same date as the person's shellfish operation license.

     (4) A person is exempt from the requirements of this section for the activity of harvesting seed attached to containerized empty shellfish shells, provided that the person:

     (a) Meets the conditions of subsection (1)(a) through (d) of this section;

     (b) Leaves the seed in the grow-out site for a minimum of six months before final harvest; and

     (c) Fully describes the seed harvest and grow-out activities in a written plan of operations approved by the department for the person's shellfish operation license.

[]

(1) The department will approve and issue a bait permit to a person to harvest shellfish from a harvest site in a growing area classified by the department as "prohibited," "restricted," or "conditionally approved" in closed status if all of the following conditions are met.

     (a) The person possesses a valid shellfish operation license.

     (b) The person possesses a valid harvest site certificate for the site.

     (c) The harvest site is not impacted by biotoxin levels that would cause the department to close it for harvest for human consumption.

     (d) The person submits a completed written application and plan of operations approved by the department completely describing the procedures of the bait operation.

     (e) The person pays the department a bait permit application fee or renewal fee as required by this chapter.

     (2) A person operating under a bait permit must:

     (a) Follow all procedures in the plan of operations approved by the department;

     (b) Harvest bait from an area classified as "prohibited" only during daylight hours;

     (c) Harvest bait from an area classified as "prohibited" only under direct monitoring by a person approved by the department;

     (d) Completely immerse the shellfish in an approved dye that imparts an easily noticeable permanent color to the tissue immediately upon landing the shellfish;

     (e) Label each container of shellfish "NOT FOR HUMAN CONSUMPTION - BAIT USE ONLY" prior to removal from the harvest site;

     (f) Store the shellfish physically separated from any shellfish intended for human consumption; and

     (g) Keep records for each lot of shellfish harvested for use as bait showing a lot identification number, the species, the harvest site, the harvest date, the quantity harvested, the names of all buyers, and the quantity sold to each buyer.

     (3) A person's bait permit expires on the same date as the person's shellfish operation license.

     (4) Any person possessing a commercial quantity of bait shellfish is exempt from the requirement to obtain a bait permit provided that the person:

     (a) Obtains the shellfish from a person with a valid bait permit;

     (b) Possesses a sales invoice for the shellfish from a person with a valid bait permit; and

     (c) Maintains each container of shellfish prominently labeled "NOT FOR HUMAN CONSUMPTION - BAIT USE ONLY."

[]

(1) Any person who wet stores a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must have a written plan of operations, approved by the department, completely describing the activity.

     (2) A person licensed as a harvester may wet store only in a natural body of water that is part of the same growing area as the harvest site of the shellfish.

     (3) Any person who operates a recirculating or flow-through wet storage system must possess a wet storage permit issued by the department. A wet storage permit will be issued to a person for a recirculating or flow-through wet storage system if the person:

     (a) Possesses a valid shellfish operation license;

     (b) Submits a completed written application and plan of operations to the department completely describing the procedures of the wet storage operation;

     (c) Documents that the water used for the operation meets the requirements of the NSSP Model Ordinance;

     (d) Passes an inspection by the department; and

     (e) Pays the department a wet storage application fee or renewal fee as required by this chapter.

     (4) If a person uses a natural body of water for a wet storage operation, the person must possess a valid harvest site certificate listing the body of water.

     (5) If a person uses artificial seawater for a wet storage operation, the chemicals used to make the seawater must be approved food grade.

     (6) A person operating under a wet storage permit must follow all procedures in the plan of operations approved by the department.

     (7) A person's wet storage permit expires on the same date as the person's shellfish operation license.

[]

(1) ((Shucked shellfish shall be protected from contamination during all phases of processing and shall be packed in approved containers which are clean, and free from contamination.

     (2))) Any person who packs, handles, or stores shucked shellfish ((shall be maintained at)) must maintain it at an internal product temperature of forty-five degrees Fahrenheit or less ((until received by the consumer.      A temperature of thirty-four degrees Fahrenheit to forty degrees Fahrenheit shall be maintained in refrigerators where shucked shellfish are stored.

     (3) Shellfish which are to be marketed as a frozen product shall be frozen as quickly as practicable and maintained at a product temperature of zero degrees Fahrenheit or less until received by the consumer.

     (4) The packing of shucked shellfish shall take place in the same plant in which the shellfish are shucked, unless specific approval for repacking is granted by the director.)) beginning within three hours after it is shucked.

     (2) Any person who operates a shucked shellfish repacking plant((s shall)) must meet all the requirements ((as)) specified in this chapter and the NSSP Model Ordinance for packing plants.      ((Frozen shucked shellfish shall not be repacked.))

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-050, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-040, filed 7/24/78; Regulation 58.040, effective 3/11/60.]

(1) Any person((s)) ill with or the carrier of a communicable disease which is ((transmissable)) transmissible through food and is in the infectious stage((, or persons having exposed boils, infected lesions or wounds, or similar skin infections, or persons having an acute respiratory infection shall)) may not work in any growing area, shucking, packing or repacking plant in any capacity where ((they)) that person might contaminate the shellfish or food contact surfaces with pathogenic organisms.      ((Both)) The owner, the person in charge, and the employee ((shall be)) are all responsible for compliance with the requirements of this section.

     (2) ((Persons who shuck or handle shucked shellfish shall wear clean, waterproof aprons or coats and clean clothing that can be easily cleaned and shall practice good personal cleanliness during all periods of duty.      They shall wash their hands thoroughly with soap and warm water before starting to work and as often thereafter as may be necessary to remove soil and contamination.      Gloves or other protective gear worn on the hands shall be made of waterproof, easily cleanable material and shall be clean.      When manual handling of shucked shellfish becomes necessary, sanitized rubber gloves shall be worn or the hands shall be thoroughly cleaned immediately before such handling.      Effective means shall be taken to keep hair from shellfish (shucked meats) and from food contact surfaces.)) Any person who is an owner, a person in charge, or an employee of a shellfish operation must practice good personal cleanliness while handling shellfish. These persons must wash their hands thoroughly with soap and water before starting to handle shellfish and as often as is necessary to remove filth and soil that might contaminate shellfish.

     (3) If the department determines by investigation that an owner or employee of a shellfish operation might be the source of a foodborne illness transmitted through shellfish, then the secretary may require medical examination of that person and laboratory examination of clinical specimens from that person to determine presence of infection. Any person failing to obtain an examination required by the secretary may not work for a shellfish operation, for a period of time the department determines that person could be infectious, in any capacity that could result in contamination of shellfish with pathogenic organisms.

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-060, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-050, filed 7/24/78; Regulation 58.050, effective 3/11/60.]

(1) ((Equipment and utensils: All food contact surfaces of equipment and utensils shall be constructed of nontoxic, corrosion resistant, and nonabsorbent materials, designed to be easily cleanable and shall be clean and in an approved condition of repair.      Equipment shall be installed and maintained so that it and adjacent areas can be readily cleaned.      Articles intended for single service use shall be used only once and then discarded.

     Utensils and food contact surfaces of equipment shall be cleaned, sanitized and stored in an approved manner so as to be protected from recontamination.      Cleaning and sanitization shall occur before use and at such intervals as necessary to preclude contamination of the shucked product.

     Nonfood contact surfaces of equipment shall be constructed of corrosion resistant and nonabsorbent materials, designed to be easily cleanable and shall be clean and in an approved condition of repair.

     (2))) All owners and persons in charge of shellfish operations must arrange their physical facilities((: The plant shall be so arranged)) to ((facilitate)) aid in the flow of ((the)) shellfish products through all handling, processing, and storage areas in a manner that will ((preclude)) minimize contamination of the shellfish.      ((Shucking and packing operations shall be conducted in separate rooms.      Only authorized persons shall be allowed in the packing room during periods of operation.

     Interior surfaces of rooms or areas where shellfish are stored, processed or utensils or hands are washed, and in walk-in refrigerators and freezers shall be easily cleanable, clean and in an approved condition of repair.

     Rooms for utensil and packaging material storage shall be provided, and separate from areas which shall be provided for employee clothing storage.      These areas shall be separate and apart from the shucking and packing rooms.

     Approved lighting, heating and ventilation shall be provided.      Approved measures for control of rodents and flies, roaches, and other insects on the premises shall be utilized.      Live animals shall be excluded from all areas of the plant.

     (3) Sanitary facilities: Hot and cold water adequate in quality and quantity, and under pressure shall be provided or easily accessible to all rooms in which shellfish are processed or utensils are washed.      The water supply, plumbing, sewage, garbage and rubbish disposal, handwashing, toilet and other facilities shall be installed, operated, and maintained in an approved manner.

     Ice shall be from an approved source and shall be stored and handled in a manner as to be protected from contamination.

     Handwashing facilities consisting of a lavatory or lavatories and equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, single service towels or approved hand drying devices shall be located and maintained to permit convenient use by all employees in shellfish processing areas, utensil washing areas, and toilet rooms or vestibules.      Such facilities shall be kept clean and in an approved condition of repair.)) (2) Any owner of a shellfish operation must submit to the department for consultation properly prepared plans and specifications of physical facilities for shellfish processing or sanitation activities at least thirty days before the facilities are:

     (a) Originally constructed;

     (b) Converted from another use; or

     (c) Extensively remodeled to the extent that a plan for a building permit is required by the city or county where located.

     (3) The department will review properly prepared plans and specifications of physical facilities for shellfish processing or sanitation activities required by subsection (2) of this section within thirty days of receipt and provide technical assistance to the owner of the shellfish operation regarding whether the proposed physical facilities would meet the requirements of this chapter.

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-070, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-060, filed 7/24/78; Regulation 58.060, effective 3/11/60.]

(((1) Shellfish shall be so identified by label, tag or other permanent means at the wholesale or retail level that any given container of shucked meats or lot of shellstock can be traced to the original growing area source(s).

     (2) Shipments of shellfish in the shell shall be accompanied by a tag, label or other mark showing that the shipper has been duly certified by the state in which the growing area is located.

     (3) Shucked shellfish shall be packed, shipped and sold retail in approved containers that are legibly marked by embossing, lithographing, or other permanent means with the name, address, and certification number of the packer, and the date packed or coded in such a manner that the date packed can be determined.      Fresh packs shall be labeled with wording equivalent to "keep refrigerated," and frozen packs shall be labeled with wording equivalent to "keep frozen."

     (4) All shippers, reshippers, packers, repackers, and wholesalers shall keep an accurate record of all lots of shellfish received, shipped and sold.      Retailers shall keep a record of all lots received.      Such records shall be kept on file for a minimum of six months.

     (5) Information recorded by the harvester-shipper shall include: (a) Location of harvesting area(s) by name or code, (b) name and quantity of shellfish, (c) date of harvest, (d) date shipped.

     (6) Shucker-packers and repackers shall record the following information: (a) Location of harvesting area(s) by name or code, or name of harvester, (b) name and quantity of shellfish, (c) date of harvest or date received, and (d) packing date.)) (1) Any person who possesses a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must possess a written record documenting that the shellfish came from one or more of the following sources:

     (a) Harvest site(s) for which the person possesses a valid harvest site certificate;

     (b) Another shellfish operation licensed by the department; or

     (c) A shellfish dealer located outside of the state who is in compliance with the requirements of the NSSP Model Ordinance and is eligible for inclusion on the current Interstate Certified Shellfish Shippers List, published by the U.S. Food and Drug Administration.

     (2) Any person who possesses a commercial quantity of shellstock or any quantity of shellstock for sale for human consumption must identify the shellstock by an approved tag with permanent marking, according to requirements of the NSSP Model Ordinance, upon removal from the harvest site.

     (3) Any person who packs a commercial quantity of shucked shellfish or any quantity of shucked shellfish for sale for human consumption must do so in approved containers that are legibly labeled by permanent marking, in accordance with the requirements of the NSSP Model Ordinance and with:

     (a) Wording equivalent to "keep refrigerated" on containers of fresh shellfish; and

     (b) Wording equivalent to "keep frozen" on containers of frozen shellfish.

     (4) The owner or person in charge of a shellfish operation must keep accurate records of all lots of shellfish harvested, received, wet stored, shucked, packed, shipped, or sold by the shellfish operation for a minimum of three years.

     (5) All tags for shellstock and labels for containers of shucked shellfish required by this section must be used only for the original lot of shellfish for which they were intended and must not be reused.

[Statutory Authority: RCW 69.30.030.      92-02-019 (Order 225B), § 246-282-080, filed 12/23/91, effective 1/23/92.      Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-080, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-070, filed 7/24/78; Regulation 58.070, effective 3/11/60.]

The department will issue an export certificate to a shellfish dealer for a specific lot of shellfish if the dealer:

     (1) Is exporting the lot to an Asian country that requires a production certificate from a governmental health authority;

     (2) Possesses a shellfish operation license issued by the secretary;

     (3) Is in compliance with the requirements of chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance;

     (4) Completes an application specified by the department;

     (5) Documents use of each export certificate as specified by the department; and

     (6) Pays the department any fee for each export certificate required by this chapter.

[]

(1) The department enters and inspects any harvest site, physical facility, vehicle or vessel used by a shellfish operation as often as necessary to determine compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance.

     (2) The department inspects each shellfish operation:

     (a) A minimum of once per year;

     (b) Before issuing a new shellfish operation license to a person;

     (c) Before a shellfish operation uses any physical facility for the first time; and

     (d) Before the shellfish operation uses any extensively remodeled physical facility.

     (3) If the department determines by inspection that an owner, person in charge, or any person working on behalf of the shellfish operation is in violation of any of the requirements of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance, then the department may conduct a reinspection of the shellfish operation. If the same violation is identified by the department during the reinspection, then another reinspection may be conducted by the department within one month. The department may charge the owner of a shellfish operation a fee for a second or subsequent reinspection.

     (4) If necessary to conduct an inspection, then the department may apply to a court of competent jurisdiction for an administrative warrant in accordance with RCW 69.30.120.

     (5) During inspections, the department has free and unimpeded access to any of the following in order to determine whether the operation is in compliance with chapter 69.30 RCW, this chapter, and the NSSP Model Ordinance:

     (a) Buildings, yards, warehouses, storage facilities, transportation facilities, vehicles, vessels and other places reasonably considered to be or to have been used in connection with the shellfish operation;

     (b) Ledgers, books, accounts, memorandums, or records reasonably believed to be or to have been used in connection with the shellfish operation;

     (c) Shellfish, shellfish products, components, or other materials reasonably believed to be or to have been used, processed or produced by or in connection with the shellfish operation;

     (d) Copies of any documents reasonably believed to be or to have been used in connection with the shellfish operation; and

     (e) Samples of shellfish to determine whether they are safe for human consumption.

     (6) The department may inspect shellfish growing areas at any time of day and will inspect any other aspect of a shellfish operation:

     (a) Between 8:00 a.m. and 5:00 p.m. on any weekday that is not a legal holiday;

     (b) During any time the shellfish operation has established as its business hours;

     (c) During any time the shellfish operation is open for business or is otherwise in operation; and

     (d) During any other time with the consent of the owner or the person in charge of the shellfish operation.

[]

(1) The department's notice of a denial, suspension, modification, or revocation of a license ((shall be)) is consistent with RCW 43.70.115.      An applicant or license holder has the right to an adjudicative proceeding to contest the decision.

     (2) The department's notice of imposition of a civil ((fine shall be)) penalty is consistent with RCW 43.70.095.      A person upon whom the department imposes a civil fine has the right to an adjudicative proceeding to contest the decision.

     (3) A license applicant or holder or a person upon whom the department imposes a civil ((fine, contesting)) penalty, may contest a department decision, ((shall)) within twenty-eight days of receipt of the decision((:

     (a) File)) by filing a written application for an adjudicative proceeding by a method showing proof of receipt with the administrative hearings unit, department of health((, 1300 Quince Street S.E., P.O. Box 47851, Olympia, WA 98504-7851; and

     (b))). The person must include the following in or with the application:

     (((i))) (a) A specific statement of the issue or issues and law involved;

     (((ii))) (b) The grounds for contesting the department decision; and

     (((iii))) (c) A copy of the contested department decision.

     (4) ((The)) An adjudicative proceeding is governed by the Administrative Procedure Act (chapter 34.05 RCW), this chapter, and chapter 246-08 WAC.      If a provision in this chapter conflicts with chapter 246-08 WAC, the provision in this chapter governs.

[Statutory Authority: RCW 69.30.030.      92-02-019 (Order 225B), § 246-282-100, filed 12/23/91, effective 1/23/92.      Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-100, filed 12/27/90, effective 1/31/91.      Statutory Authority: Chapter 34.05 RCW and RCW 69.30.030.      90-06-049 (Order 040), § 248-58-085, filed 3/2/90, effective 3/2/90.]

(1) The department may deny, revoke, or suspend a shellfish operation license, harvest site certificate, or permit and may assess a civil penalty if a person:

     (a) Fails to comply with any of the provisions of chapter 69.30 RCW, these rules, and the NSSP Model Ordinance;

     (b) Refuses an inspection by the department;

     (c) Harvests shellfish from any harvest site for which the secretary has not issued a harvest site certificate to the person;

     (d) Knowingly obtains shellfish from a person who is not in compliance with any requirements of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance;

     (e) Makes false statements or misrepresentations to the department during any investigation, inspection, or application for a shellfish operation license or any permit required by these rules;

     (f) Makes false statements or misrepresentations to the department during any investigation, inspection, or application for a shellfish harvest site certificate;

     (g) Fails to cooperate with the department or the department of fish and wildlife during an investigation;

     (h) Aids another person in violating any requirement of chapter 69.30 RCW, these rules, or the NSSP Model Ordinance;

     (i) Provides the department with false or fraudulent records of the shellfish operation;

     (j) Transfers or reassigns a shellfish operation license to another person without the written approval of the department; or

     (k) Fails to comply with the terms of a conditional area management plan, shellfish operation license, harvest site certificate, or any permit required by this chapter.

     (2) Violations of chapter 69.30 RCW, these rules, or the NSSP Model Ordinance committed by a person in charge, employee, or agent of a person issued a shellfish operation license may be treated by the department as a violation committed by the licensee.

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(1) The department calculates an appropriate penalty based on the following factors:

     (a) The level of threat to public health;

     (b) The number of previous violations attributed to the violator; and

     (c) The presence of aggravating or mitigating factors.

     (2) The department determines administrative penalties from the range in the following penalty schedule. The standard penalty is assessed unless a proportionate adjustment is warranted and/or there are aggravating or mitigating factors present.

Penalty Schedule

     (4) The department reserves the right to proportionately decrease the civil penalty and increase the license action when circumstances in a particular case demonstrate the ineffectiveness of a civil penalty as a deterrent.

     (5)(a) When assessing a civil penalty or license action, the department considers any previous violation(s) for the following period of time, depending on the severity of the previous violation(s):

     (i) Three years for low public health threat;

     (ii) Five years for intermediate public health threat; or

     (iii) No limit for high public health threat.

     (b) The time period will begin on the date of adjudication or settlement of the previous violation(s), rather than the date on which the incident or conduct occurred.

     (6) The department considers circumstances that increase the seriousness of a violation, including, but not limited to, the following aggravating factors:

     (a) The extent to which the violation is part of a pattern of the same or substantially similar conduct;

     (b) The extent to which previous education, technical assistance, or notice of correction has been provided for the same or substantially similar conduct; and

     (c) The extent to which the violation caused serious and actual injury or death to a person or persons.

     (7) If the department determines that one or more aggravating factors are present, then the department may assess the aggravated penalty or may increase the penalty to a level greater than listed in the penalty schedule, including, but not limited to, revocation of the license.

     (8) The department will consider circumstances that decrease the seriousness of a violation, including, but not limited to, the following mitigating factors:

     (a) Voluntary disclosure of the violation;

     (b) Complete cooperation and voluntary disclosure during the investigation of the violation; and

     (c) Voluntary taking of remedial measures that will result in increased public health protection and that will result in a decreased likelihood that the violation will be repeated and that other violations will occur.

     (9) If the department determines that one or more mitigating factors are present, then the department may assess the mitigated penalty or may decrease the penalty to a level less than listed in the penalty schedule.

     (10) The maximum civil penalty that may be imposed by the department is five hundred dollars per day for each violation.

     (11) The department considers each violation to be a separate and distinct event. Each day a violation is continued is a separate and distinct violation. When a person has committed multiple violations, the violations are cumulative for purposes of calculating the appropriate penalty. Penalties are added together, rather than served concurrently.

     (12) Nothing in this section prevents the department from responding to a violation by:

     (a) Declining to pursue an administrative penalty;

     (b) Issuing a notice of correction instead of pursuing an administrative penalty; or

     (c) Negotiating settlement of a case on such terms and for such reason as the department deems appropriate. Violations covered by a prior settlement agreement may be used for the purpose of determining the appropriate penalty for the current alleged violation(s), unless prohibited by the prior settlement agreement.

[]

(1) ((The person in charge of shellfish growing areas or processing plant operations shall ensure operations are conducted in a manner complying with the requirements of these regulations.      The person in charge shall periodically inspect the shellfish operations to determine compliance with these regulations, and shall take measures to correct any deficiencies thereby revealed.

     (2) The director shall have access to and be permitted to inspect any and all areas comprising the shellfish operation for the purpose of determining compliance with these regulations and chapter 69.30 RCW, or for the purpose of determining whether any person, shellfish, or condition in the shellfish operation constitutes a nuisance or a threat to the public health.

     (a) In the course of such inspection, the director may, among other things, examine or sample the shellfish in the shellfish operation as often as necessary to determine its safeness for human consumption, and he or she may also examine any and all pertinent records pertaining to shellstock, shellfish, or operational supplies purchased, received, or used, and records pertaining to persons employed.

     (b) If, after the inspection of a shellfish operation, the director finds such operation fails to comply with the requirements of the law, rules and regulations, he or she shall issue to the person in charge of the shellfish operation a written order specifying the manner in which the operation fails to comply with the law, rules and regulations and which sets out a specific and reasonable period of time for correction of the violations.

     (c) In the event the person in charge of the shellfish operation fails to correct the violations as required by the order of the director, the director may revoke the certificate of compliance and/or license of such person and/or initiate such legal enforcement proceeding as authorized by law.

     (d) During or after an investigation or inspection of a shellfish operation, the director may, if he or she suspects the shellfish are unsafe for human consumption, give to the owner or person in charge of the shellfish operation a written hold order prohibiting the disposition or sale of the shellfish pending the director's further investigation of the shellfish's safety.      The person in charge shall thereafter cease from offering such shellfish for human consumption and shall store such shellfish in a suitable place as prescribed by the director until the hold order is lifted or modified by the director or by a court of competent jurisdiction.      Shellfish placed under a hold order shall not be destroyed for at least two days and shall not be held longer than fifteen days; however, upon a finding that the shellfish are safe for human consumption, the director may release them immediately.

     (e) If, during an inspection of a shellfish harvesting operation, the owner or person in charge of the operation fails to immediately display his or her certificate of approval upon request from an authorized representative of the department, a fisheries patrol officer, or an ex officio patrol officer, a written hold order may be issued prohibiting the disposition or sale of the shellfish or the shellfish may immediately be seized.      If a hold order is issued, the person in charge shall thereafter cease from offering such shellfish for human consumption and shall store such shellfish in a suitable place as prescribed by the director until the hold order is lifted or modified by the director or by a court of competent jurisdiction.      Shellfish placed under a hold order or seizure shall not be destroyed for at least two days and shall not be held longer than fifteen days; however, upon a finding that the shellfish are safe for human consumption, the director shall determine disposition.      If the director determines that the operation is certified, the shellfish shall be released to the owner or person in charge of the operation.      If the director determines that the operation is not certified, the director may release the shellfish according to his or her discretion.

     (f) If after investigation the director determines the shellfish are unsafe for human consumption, he or she shall give the owner or person in charge of the shellfish operation a written abatement order, which abatement order may require any or all of the following measures:

     (i) A)) If the department finds during an inspection that any owner or person working on behalf of a shellfish operation fails to comply with any requirements of chapter 69.30 RCW, this chapter, or the NSSP Model Ordinance, then the department may issue a written statement of deficiencies or notice of correction to the owner, person in charge, or other employee of the operation who is present.

     (a) The statement of deficiencies or notice of correction specifies the manner in which the operation fails to comply with chapter 69.30 RCW and these rules. It specifies a reasonable period of time for the owner or person in charge to correct the violation(s).

     (b) In the event the owner or person in charge fails to correct the violation(s) specified in the statement of deficiencies, the department may revoke the license and certificate of compliance for that shellfish operation or may initiate any other enforcement proceeding authorized by law.

     (2) Any authorized representative of the department, fish and wildlife patrol officer or ex officio patrol officer may, without previously providing a statement of deficiencies, immediately seize shellfish or issue written hold orders prohibiting the disposition or sale of shellfish whenever a commercial quantity of shellfish or any amount of shellfish for sale for human consumption is on the premises of, or in the possession of, any person who:

     (a) Fails to display an original or photocopy of a valid shellfish operation license;

     (b) Is reasonably expected to have harvested the shellfish and fails to display an original or photocopy of a valid shellfish operation license and a valid harvest site certificate; or

     (c) Fails to maintain each container of shellfish properly tagged or labeled as required by chapter 69.30 RCW, these rules, and the NSSP Model Ordinance.

     (3) If the department determines during an inspection or investigation that there is reasonable cause to believe that shellfish is potentially unsafe for human consumption, then the department may issue a hold order prohibiting the disposition or sale of the shellfish pending further investigation by the department of the safety of the shellfish.

     (a) The department must complete its further investigation within ten days.

     (b) At the conclusion of the investigation, the department may release the shellfish for sale or issue a written abatement order regarding the shellfish.

     (c) Any person in possession of shellfish for which the department has issued a hold order must store the shellfish in a suitable place prescribed by the department and prevent the shellfish from being offered for human consumption or other use until:

     (i) The hold order is lifted by the department or by a court of competent jurisdiction; or

     (ii) The person disposes of the shellfish in accordance with an abatement order issued by the department.

     (4) Shellfish that the department seizes or places under a hold order and determines are unsafe for human consumption are subject to such abatement as the department considers appropriate. The department may require any one or more of the following measures be taken by a person in possession of shellfish that are the subject of an abatement order:

     (a) Permanent prohibition ((against)) on the ((sale or)) disposition of the shellfish for human consumption;

     (((ii))) (b) Immediate destruction of the shellfish ((in question)) by measures such as denaturing and ((placement)) placing in a sanitary landfill((.      Such destruction shall be accomplished by at least two employees of the department or)), witnessed by an authorized representative((s.)) of the department who provides a record of destruction to the person; or

     (((iii) At the discretion of the director, shellfish having been found to be unsafe)) (c) Temporary prohibition on the disposition of the shellfish for human consumption ((may be relayed to)) pending relay to an approved growing area for ((subsequent reharvest)) a sufficient period of time to assure natural purification of the shellfish.

     (((g) When the director)) (5) The secretary may issue an abatement order to the owner or person in charge of a shellfish operation whenever the department, after conducting an appropriate investigation, determines ((either)) that((:

     (i) A shellfish operation or employee is transmitting a disease; or

     (ii) There is a substantial risk a shellfish operation or employee may be transmitting a disease, he or she may thereafter give to the owner or person in charge of the shellfish operation an abatement order, which order may require any or all of the following measures:

     (A))) a shellfish operation, or person working on behalf of a shellfish operation, presents a potential risk for transmitting an infectious disease to consumers of shellfish.

     (a) The secretary may require any or all of the following measures be taken by the owner or person in charge of a shellfish operation who is issued the abatement order:

     (i) Immediate closure of the shellfish operation until, in the opinion of the ((director)) secretary, no further danger of a disease outbreak exists;

     (((B))) (ii) Immediate exclusion of ((the employee)) any person suspected to be infected with a disease agent transmissible through food from all activities with the shellfish operation((s or food service establishments)); and

     (((C))) (iii) Restriction of the ((employee's service)) activities of any person who is suspected to be infected with a disease agent transmissible through food to some area of the shellfish operation where there would be no danger of the person transmitting disease agents to shellfish consumers.

     (((h))) (b) As an alternative to the abatement order described in ((subsection (2)(g) of)) this section, the ((director)) secretary may require ((any or all of the employees)) the owner, or any person working on behalf of the shellfish operation to submit to adequate medical and laboratory examinations, including examination of their bodily discharges as needed to determine if the person is infected with a microbial agent transmissible through food.

     (((i))) (6) No person ((shall)) may remove or alter a notice or tag constituting a hold order or abatement order placed on ((the)) shellfish by the ((director, and neither such shellfish nor its container shall be relabeled, repacked, reprocessed, altered, disposed of, destroyed, or released without permission of the director, except on)) department.

     (7) No person may relabel, repack, reprocess, alter, dispose of, destroy, or release shellfish or containers of shellfish for which the department has issued a hold order or abatement order without:

     (a) Permission of the department; or

     (b) An order by a court of competent jurisdiction.

     (((j) In the event)) (8) If the owner or person in charge of ((the)) a shellfish operation fails to comply with ((either the)) a hold order or ((the)) an abatement order ((described above)) issued according to this section, then the ((director)) department may revoke the ((certificate of compliance and/or)) license of ((such person and/)) the shellfish operation or initiate ((such)) other legal enforcement proceedings ((as are)) authorized by law((; except that the director may undertake summary abatement of the shellfish, an article, or a condition which is so severely contaminated or contaminating that a delay in abatement until legal enforcement proceedings could be had would pose a grave threat to the public health)).

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-110, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030 and 43.20.050.      85-21-048 (Order 296), § 248-58-090, filed 10/14/85.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-090, filed 7/24/78; Regulation 58.090, effective 3/11/60.]

Any person found violating any of the provisions of these regulations or chapter 69.30 RCW ((shall be)) is guilty of a gross misdemeanor, and upon conviction ((thereof shall)) will be subject to:

     (1) A fine ((of not less than twenty-five dollars nor more than one thousand dollars,)); or

     (2) Imprisonment in the county jail of the county in which the offense was committed ((for not less than thirty days nor more than one year,)); or ((to))

     (3) Both fine and imprisonment.

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-120, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030 and 43.20.050.      85-21-048 (Order 296), § 248-58-500, filed 10/14/85.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-500, filed 7/24/78.]

Should any section, paragraph, clause or phrase of these rules and regulations be declared unconstitutional or invalid for any reason, the remainder of ((said)) these rules and regulations ((shall)) are not ((be)) affected ((thereby)).

[Statutory Authority: RCW 43.20.050.      91-02-051 (Order 124B), recodified as § 246-282-130, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 69.30.030.      78-08-059 (Order 163), § 248-58-900, filed 7/24/78.]

(1) Annual ((certificate)) shellfish operation license fees are:

Type of Operation			Annual Fee
	Harvester			$250.
	Shellstock Shipper
		0 - 49 Acres		$275.
		50 or greater Acres		$440.
	Scallop Shellstock Shipper		$275.
	Shucker-Packer
		Plants with floor space < 2000 sq. ft.		$500.
		Plants with floor space > 2000 sq. ft. and < 5000 sq. ft.		$605.
		Plants with floor space > 5000 sq. ft.		$1,115.

     (2) ((Type of operations are defined as follows:

     (a) "Shellstock shipper" means shippers growing, harvesting, buying, or selling shellstock.      Shellstock shippers are not authorized to shuck shellfish or to repack shucked shellfish.

     (b) "Shucker-packer" means shippers shucking and packing shellfish.      A shucker-packer may act as a shellstock dealer.

     (c) "Harvester" means a commercial shellfish operation with activities limited to harvesting shellstock, and shipping and selling it within Washington state to shellfish dealers licensed by the department.      Harvesters do not shuck shellfish; repack shucked shellfish; repack shellstock; or store shellstock in any location other than the approved growing area where the shellstock was harvested.

     (3) "Export certificate" means a certificate issued by the department to a licensed shucker-packer or shellstock shipper for use in the foreign export of a lot or shipment of shellfish.))      The fee for each export certificate ((shall be)) is $10.

[Statutory Authority: RCW 43.70.250.      00-02-016, § 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-282-990, filed 5/24/99, effective 6/24/99.      Statutory Authority: RCW 43.20B.020 and 69.30.030.      98-12-068, § 246-282-990, filed 6/1/98, effective 7/2/98.      Statutory Authority: RCW 43.203.020 [43.20B.020].      97-12-031, § 246-282-990, filed 5/30/97, effective 6/30/97.      Statutory Authority: RCW 43.20B.020 and 69.30.030.      96-16-073, § 246-282-990, filed 8/6/96, effective 10/1/96.      Statutory Authority: RCW 43.70.040.      93-17-096 (Order 389), § 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as § 246-282-990, filed 12/27/90, effective 1/31/91.      Statutory Authority: RCW 43.20A.055.      85-12-029 (Order 2236), § 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), § 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), § 440-44-065, filed 7/14/83.      Statutory Authority: 1982 c 201.      82-13-011 (Order 1825), § 440-44-065, filed 6/4/82.]

     The following sections of the Washington Administrative Code are repealed:

WAC 246-282-030	Storage, cleansing and washing and shipping of shellstock.
WAC 246-282-040	Shucking of shellfish.
WAC 246-282-090	Certificate of compliance -- Certificate of approval -- Suspension for revocation of certificate of approval -- Licensure -- Revocation of license.

© Washington State Code Reviser's Office