WSR 99-03-045
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF AGRICULTURE
[Filed January 15, 1999, 9:04 a.m.]
Subject of Possible Rule Making: Chapter 16-108 WAC, Washington state egg seals and assessments.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 69.25 RCW, Washington Wholesome Eggs and Egg Products Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has conducted a review of the above-mentioned rule(s) under the provisions of the Governor's Executive Order 97-02 and has determined the rules are necessary and should be retained. These rules provide the means under which adulterated or unwholesome eggs or egg products are discouraged from being sold in the marketplace. They are necessary to address the issue of funding to operate the shell egg inspection program within the Department of Agriculture. The majority of the shell egg industry is in favor of these rules in that a marketing environment is created where all can compete equally and their reputation is protected.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture has some authority regarding eggs and egg products through the United States Egg Products Inspection Act. Their requirements mainly apply to eggs graded under the voluntary grading program on a fee for service basis. They encourage states to have rules that apply to those egg grading facilities not having grading service. State rules do not duplicate federal rules due to the different circumstances under which they apply. State rules apply to all egg graders selling in intrastate commerce.
Process for Developing New Rule: A rules review was conducted in accordance with the Governor's Executive Order 97-02. Results of this review will be shared with representatives of the rule(s) stakeholders for input. The Egg Inspection Program Advisory Board has participated in the review of chapter 16-108 WAC. They recommended the rules as they currently exist be retained. The department is seeking input on its decision to retain the rule(s) and additionally to propose fee increases within the fiscal growth factor limits for FY 1999 and for FY 2000.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by commenting in writing to Washington State Department of Agriculture, Egg Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1830, fax (360) 902-2087. Written comments should be made by March 20, 1999.
January 15, 1999
Dr. Candace A. Jacobs
Assistant Director