WASHINGTON STATE REGISTER

WSR 12-02-021

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[ Filed December 28, 2011, 8:47 a.m. , effective January 28, 2012 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order adopts (1) the 2011 edition of the National Institute of Standards and Technology (NIST) Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; (2) the 2011 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods); and (3) modifications to increase rule clarity and readability.

Citation of Existing Rules Affected by this Order: Amending WAC 16-662-100, 16-662-105, 16-662-110, and 16-662-120.

Statutory Authority for Adoption: Chapters 19.94, 19.112, and 34.05 RCW.

Adopted under notice filed as WSR 11-22-098 on November 2, 2011, and WSR 12-01-080 on December 19, 2011.

Changes Other than Editing from Proposed to Adopted Version: Proposed changes regarding NIST Handbook 130 were not adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: December 28, 2011.

Dan Newhouse

Director

OTS-4429.4

AMENDATORY SECTION(Amending WSR 09-19-007, filed 9/3/09, effective 10/4/09)

WAC 16-662-100 ((~~What is the purpose of this chapter?~~)) Purpose. (1) This chapter establishes requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures and that are in effect in other states.

(2) This chapter applies specifically to the:

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

(b) Uniform procedures for checking the net contents of packaged goods addressed in NIST Handbook 133;

(d) Uniform regulation for the method of sale of commodities addressed in NIST Handbook 130;

(e) Uniform examination procedure for price verification addressed in NIST Handbook 130; and

(f) Engine fuels, petroleum products, and automotive lubricants regulation addressed in NIST Handbook 130.

(3)(a) NIST Handbook 44, NIST Handbook 130 and NIST Handbook 133, may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. They are also available on the National Institute of Standards and Technology web site at ((~~http://ts.nist.gov/WeightsAndMeasures/index.cfm~~)) http://www.nist.gov/pml/wmd/pubs/handbooks.cfm.

(b) For information regarding the contents and application of these publications, contact the weights and measures program at the Washington State Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560, telephone number 360-902-1857, or e-mail wtsmeasures@agr.wa.gov.

[Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, § 16-662-100, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, § 16-662-100, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, § 16-662-100, filed 5/4/05, effective 6/4/05; 03-08-017, § 16-662-100, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-100, filed 6/4/97, effective 7/5/97.]

AMENDATORY SECTION(Amending WSR 10-18-088, filed 9/1/10, effective 10/2/10)

WAC 16-662-105 ((~~What national weights and measures~~)) Standards ((~~are~~)) adopted by the Washington state department of agriculture (WSDA)((?)). Except as otherwise modified in this chapter, the WSDA adopts the following national standards:

National standard for: Contained in the:

(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment ((~~2010~~)) 2011 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices

(2) The procedures for checking the accuracy of the net contents of packaged goods ((~~Fourth~~)) 2011 Edition ((~~(January 2005)~~)) of NIST Handbook 133 - Checking the Net Contents of Packaged Goods

(3) The requirements for packaging and labeling, method of sale of commodities, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants 2009 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1 Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation. Specifically:

(a) Weights and measures requirements for all food and nonfood commodities in package form Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation

(b) Weights and measures requirements for the method of sale of food and nonfood commodities Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation

(c) Weights and measures requirements for price verification Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation

(d) Definitions and requirements for standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks and dispenser filters; condemned product; product registration; and test methods and reproducibility limits Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation

[Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. 10-18-088, § 16-662-105, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, § 16-662-105, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.94 and 34.05 RCW. 08-05-007, § 16-662-105, filed 2/7/08, effective 3/9/08. Statutory Authority: Chapters 19.112 and 34.05 RCW. 07-05-083, § 16-662-105, filed 2/21/07, effective 3/24/07. Statutory Authority: Chapters 19.94 and 34.05 RCW. 07-01-115A, § 16-662-105, filed 12/20/06, effective 1/20/07; 06-08-102, § 16-662-105, filed 4/5/06, effective 5/6/06; 05-10-088, § 16-662-105, filed 5/4/05, effective 6/4/05; 04-12-025, § 16-662-105, filed 5/26/04, effective 6/26/04; 03-08-017, § 16-662-105, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 02-12-029, § 16-662-105, filed 5/29/02, effective 6/29/02. 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.]

AMENDATORY SECTION(Amending WSR 10-18-088, filed 9/1/10, effective 10/2/10)

WAC 16-662-110 ((~~Does the WSDA modify~~)) Modifications to NIST Handbook 44((?)). The WSDA adopts the following modifications to NIST Handbook 44, which is identified in WAC 16-662-105(1):

Modified Section: Modification:

General Code: Section G-UR.4.1. Maintenance of Equipment In the last sentence of G-UR.4.1., Maintenance of Equipment, change the words "device user" to "device owner or operator." As a result of this modification, the last sentence of G-UR.4.1. will read:

"Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator (see also Introduction, Section Q) shall not be considered "maintained in a proper operating condition.""

Liquid-Measuring Devices: Section S.1.6.4.1. Unit Price ((~~Modify subsection (b) under section S.1.6.4.1. Unit Price, to read:~~)) At the end of the first sentence of S.1.6.4.1.(b), Unit Price, add the words "or after prepayment for the product but prior to its delivery." As a result of this modification, the sentence will read: "Whenever a grade, brand, blend, or mixture is offered for sale from a device at more than one unit price, then all of the unit prices at which that product is offered for sale shall be displayed or shall be capable of being displayed on the dispenser using controls available to the ((~~consumer~~)) customer prior to the delivery of the product or after prepayment for the product but prior to its delivery." ((It is not necessary that all of the unit prices for all grades, brands, blends, or mixtures be simultaneously displayed prior to the delivery of the product. This subsection shall not apply to fleet sales, other contract sales, or truck refueling sales (e.g., sales from dispensers used to refuel trucks).))

[Statutory Authority: Chapters 19.94, 19.112, 34.05 RCW, and 2010 c 96. 10-18-088, § 16-662-110, filed 9/1/10, effective 10/2/10. Statutory Authority: Chapters 19.94, 19.112, and 34.05 RCW. 09-19-007, § 16-662-110, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters 19.94 and 34.05 RCW. 07-01-115A, § 16-662-110, filed 12/20/06, effective 1/20/07; 05-10-088, § 16-662-110, filed 5/4/05, effective 6/4/05; 03-08-017, § 16-662-110, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 01-16-005, § 16-662-110, filed 7/19/01, effective 8/19/01; 99-07-056, § 16-662-110, filed 3/16/99, effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-110, filed 6/4/97, effective 7/5/97.]

AMENDATORY SECTION(Amending WSR 05-10-088, filed 5/4/05, effective 6/4/05)

WAC 16-662-120 ((~~How does the WSDA conduct~~)) Inspections of the net contents of packaged goods under NIST Handbook 133((?)). WSDA inspects packages using ((~~the~~)) either used dry tare or unused dry tare in accordance with the procedures outlined in NIST Handbook 133.

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 05-10-088, § 16-662-120, filed 5/4/05, effective 6/4/05.]

National standard for:	Contained in the:
(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment	((~~2010~~)) 2011 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices
(2) The procedures for checking the accuracy of the net contents of packaged goods	((~~Fourth~~)) 2011 Edition ((~~(January 2005)~~)) of NIST Handbook 133 - Checking the Net Contents of Packaged Goods
(3) The requirements for packaging and labeling, method of sale of commodities, examination procedures for price verification, and engine fuels, petroleum products and automotive lubricants	2009 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1 Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation. Specifically:
(a) Weights and measures requirements for all food and nonfood commodities in package form	Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation
(b) Weights and measures requirements for the method of sale of food and nonfood commodities	Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation
(c) Weights and measures requirements for price verification	Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation
(d) Definitions and requirements for standard fuel specifications; classification and method of sale of petroleum products; retail storage tanks and dispenser filters; condemned product; product registration; and test methods and reproducibility limits	Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2009 Edition. Effective June 1, 2011, the 2010 Amendments to the 2009 Edition of NIST Handbook 130 to Section 2.1. Gasoline and Gasoline-Oxygenate Blends in the Engine Fuels and Automotive Lubricants Regulation

Modified Section:	Modification:
General Code: Section G-UR.4.1. Maintenance of Equipment	In the last sentence of G-UR.4.1., Maintenance of Equipment, change the words "device user" to "device owner or operator." As a result of this modification, the last sentence of G-UR.4.1. will read:
General Code: Section G-UR.4.1. Maintenance of Equipment	"Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator (see also Introduction, Section Q) shall not be considered "maintained in a proper operating condition.""
Liquid-Measuring Devices: Section S.1.6.4.1. Unit Price	((~~Modify subsection (b) under section S.1.6.4.1. Unit Price, to read:~~)) At the end of the first sentence of S.1.6.4.1.(b), Unit Price, add the words "or after prepayment for the product but prior to its delivery." As a result of this modification, the sentence will read: "Whenever a grade, brand, blend, or mixture is offered for sale from a device at more than one unit price, then all of the unit prices at which that product is offered for sale shall be displayed or shall be capable of being displayed on the dispenser using controls available to the ((~~consumer~~)) customer prior to the delivery of the product or after prepayment for the product but prior to its delivery." ((It is not necessary that all of the unit prices for all grades, brands, blends, or mixtures be simultaneously displayed prior to the delivery of the product. This subsection shall not apply to fleet sales, other contract sales, or truck refueling sales (e.g., sales from dispensers used to refuel trucks).))

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