Date of Adoption: May 29, 2002.

     Purpose: To amend existing weights and measures rules governing method of sale, packaging, labeling and device tolerances and specifications, and testing the net contents of packaged goods, to bring them into compliance with requirements of statute, with practices of other states, and with current practice by adopting annually revised national standards.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-662-105.

     Statutory Authority for Adoption: Chapter 19.94 RCW.

      Adopted under notice filed as WSR 02-07-121 on March 20, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 29, 2002

William E. Brookreson

Acting Director

OTS-5534.1

AMENDATORY SECTION(Amending WSR 01-16-005, filed 7/19/01, effective 8/19/01)

WAC 16-662-105   Adoption -- Weighing and measuring equipment requirements -- Package checking -- Packaging and labeling -- Method of sale -- Price verification.   (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment shall be those contained in the ((2001)) 2002 Edition of the National Institute of Standards and Technology (NIST) Handbook 44, published by the U.S. Department of Commerce, entitled the National Institute of Standards and Technology Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

     (2) The procedures for checking the accuracy of the net contents of packaged goods shall be those contained in the ((Third)) Fourth Edition of ((National Bureau of Standards (NBS))) National Institute of Standards and Technology (NIST) Handbook 133 published by the United States Department of Commerce, entitled ((the National Bureau of Standards)) NIST Handbook 133 - ((Third)) Fourth Edition - Checking the Net Contents of Packaged Goods ((as modified by NIST Handbook 133 Supplements 1, 2, 3, and 4, issued in 1990, 1991, 1992, and 1994 respectively)) - Fourth Edition, 2002 Edition.

     (3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification shall be those contained in the ((2001)) 2002 Edition of National Institute of Standards and Technology Handbook 130, entitled the NIST Handbook 130 - Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality, specifically:

     (a) Weights and measures requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

     (b) Weights and measures requirements for the method of sale of food and nonfood commodities shall be those found in the Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

     (c) Weights and measures requirements for price verification shall be the Examination Procedures for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

[Statutory Authority: RCW 19.94.195. 01-16-005, § 16-662-105, filed 7/19/01, effective 8/19/01; 00-14-005, § 16-662-105, filed 6/23/00, effective 7/24/00; 99-07-056, § 16-662-105, filed 3/16/99, effective 4/16/99; 98-13-072, § 16-662-105, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-105, filed 6/4/97, effective 7/5/97.]

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