WSR 98-04-075

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed February 4, 1998, 10:00 a.m.]

Subject of Possible Rule Making: Chapter 16-102 WAC, Butterfat testing in milk.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.36.021(1) Fluid milk.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Butterfat testing is important because the butterfat content is used in the buying of milk and cream from producers. Standards and labels for dairy products also require minimum fat levels.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Food and Drug Administration regulates standards for labeling and fat in dairy products, the United States Department of Agriculture milk administrator sets milk prices and regulates sale of milk by producers.

Process for Developing New Rule: None, a rules review was conducted in accordance with the Governor's Executive Order 97-02. The department has determined after the review, including review by the Dairy Inspection Program Advisory Committee (DIPAC) and Food Safety Advisory Committee review (FSAC), not to propose any changes to this rule at this time. The rule is scheduled for review again in 2001.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Comments will be accepted until March 20, 1998. Please direct written comments or questions to Verne Hedlund at Washington State Department of Agriculture, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560 or by telephone to (360) 902-1860, FAX (360) 902-2087.

February 4, 1998

Candace A. Jacobs, DVM