WSR 97-13-066

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed June 17, 1997, 3:38 p.m.]

Subject of Possible Rule Making: Penalty assessment for violations of chapters 69.04, 69.07, 69.10, and 16.49 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 16.49.680, 69.04.730, 69.07.020, and 69.10.055.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: For the purpose of establishing fair, uniform and equitable means for assessing civil penalties and licensing actions for violations of chapters 69.04, 69.07, 69.10, and 16.49 RCW. These regulatory actions are necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. Fair and equitable systems for penalty assessment are strongly encouraged under RCW 34.05.220(4).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Food and Drug Administration, United States Department of Agriculture, state and local health agencies to some extent. We are coordinating this rule through the meetings of the Food Safety Advisory Committee, to which the Food and Drug Administration, the United States Department of Agriculture, the Department of Health and the local health agencies have representation.

Process for Developing New Rule: Rule was discussed and developed in a series of meetings with the Food Safety Advisory Committee and other affected stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mike Donovan, Program Manager, Food Safety Program, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1883, FAX (360) 902-2087.

Michael J. Donovan

Program Manager

for Candace Jacobs