WSR 98-01-154

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed December 22, 1997, 3:49 p.m.]

Subject of Possible Rule Making: The Department of Health is considering a proposal to establish a limited commercial shellfish license. The new classification, harvester, is intended to provide a license category for small operations not interested in being on the interstate shippers list.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.040 and 43.20B.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, shellstock shippers are the lowest regulatory category recognized by the Office of Shellfish Programs. The harvester classification is a more limited class designed to be exempt from the new federal hazard analysis critical control point (HACCP) regulations that become effective December 18, 1997.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Food and Drug Administration (FDA) issued the HACCP rules and reviews the state program for compliance with national shellfish sanitation program (NSSP). The Department of Health has been working with FDA to ensure the Department of Health definition of harvester will comply with FDA exemptions for HACCP and NSSP requirements.

Process for Developing New Rule: The rule-making process will include mailings to interested parties. Public meetings will be held if responses demonstrate a need.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ned Therien, Department of Health, Office of Shellfish Programs, Airdustrial Center, Building 4, P.O. Box 47824, Olympia, WA 98504-7824, phone (360) 753-5992, FAX (360) 586-4499.

December 11, 1997

Bruce Miyahara