WSR 97-05-038

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed February 14, 1997, 11:20 a.m.]

Subject of Possible Rule Making: Update rules in the areas of (1) uniform specifications, tolerances and other technical requirements for weighing and measuring devices; (2) uniform procedures for checking the net contents of packaged goods; (3) uniform packaging and labeling requirements; (4) uniform method of sale of commodities requirements; and (5) examination procedure for price verification.

Statutes Authorizing the Agency to Adopt Rules on this Subject: (1) RCW 19.94.190 and 19.94.195; (2) RCW 19.94.190, 19.94.230, 19.94.350 and 19.94.370; (3) RCW 19.94.340 and 19.94.350; (4) RCW 19.94.340, 19.94.350, 19.94.400 and 19.94.420; and (5) RCW 19.94.390.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules will update Washington's weights and measures regulations and ensure they are reasonably consistent with the most recent uniform state rules adopted by the National Conference on Weights and Measures and with those in effect in other states. Adoption will permit Washington businesses and consumers to realize the same benefits of improved technology in weighing and measuring that businesses and consumers in other areas of the United States enjoy.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Coordination with federal agencies, United States Department of Agriculture and Food and Drug Administration, accomplished at the national level. Adoption of uniform rules previously adopted by National Conference on Weights and Measures ensures coordination with federal agencies has occurred and is incorporated into the referenced publications.

Process for Developing New Rule: Proposed rules will be made available to stakeholders and interested parties for comment.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties desiring to participate in this process should contact the Washington State Department of Agriculture, Attention: Bob Arrington, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1857 or FAX (360) 902-2086. Publications referenced in Statutes Authorizing the Agency to Adopt Rules on this Subject above are available for viewing at the Washington State Department of Agriculture, Weights and Measures Office. National Institute of Standards and Technology (NIST) Handbooks 44, 130, and 133, which contain the referenced publications, are available for purchase from the United States Government Printing Office, Superintendent of Documents, Mailstop: SSOP, Washington, DC 20402-9328. Written comments should be submitted to the Department of Agriculture no later than 5:00 p.m., April 4, 1997.

February 14, 1997

Julie C. Sandberg

Assistant Director

Legislature Code Reviser

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