PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-04-067.
Title of Rule: Perishable packaged food goods--Pull dating, establishes uniform standards for pull date labeling and optimum storage conditions for perishable packaged food goods.
Purpose: To establish uniformity in wording and placement of pull dates for perishable packaged food products. It also establishes storage condition requirements for perishable packaged food products. Rule reviewed and rewritten in new clear rule format, repeals WAC 16-142-001, 16-142-010, 16-142-020, 16-142-030, 16-142-040, 16-142-050, and 16-142-060.
Statutory Authority for Adoption: RCW 69.04.915.
Statute Being Implemented: Chapter 69.04 RCW, Intrastate commerce in foods.
Summary: Scheduled review and rewrite of rule that has been in effect since 1975, without updating or amendment. This review changes the language in the rule to the new clear rule question and answer format to make the rule easier to understand and use. The requirements for pull date marking, placement and storage conditions for perishable packaged foods remain the same. It updates the reference to Washington Department of Health regulations to the current regulation in effect. Repeals former WAC 16-142-001, 16-142-010, 16-142-020, 16-142-030, 16-142-040, 16-142-050, and 16-142-060.
Name of Agency Personnel Responsible for Drafting: Verne E. Hedlund, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504, (360) 902-1860; Implementation and Enforcement: Michael Donovan, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504, (360) 902-1883.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes uniform standards for pull dating and optimum storage conditions for perishable packaged foods as required under RCW 69.04.900, [69.04.]905, [69.04.]910, [69.04.]915, and [69.04.]920. It also sets storage conditions for perishable packaged food products. This rule sets uniform requirements for pull date marking and placement of pull date on the label. This rule has been reviewed and rewritten in the clear rule format for ease of use and improved clarity.
Proposal Changes the Following Existing Rules: The rule has been rewritten into the clear rule format to make it easier to use. The current requirements under the rule have not been changed. This repeals former WAC 16-142-001, 16-142-010, 16-142-020, 16-142-030, 16-142-040, 16-142-050, and 16-142-060.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not change the requirements under the rule, has no impact on small business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Natural Resources Building, Room 205, 1111 Washington Street, Olympia, WA 98504, on May 26, 1999, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Julie Carlson by May 19, 1999, TDD (360) 902-1996, or (360) 902-1880.
Submit Written Comments to: Verne E. Hedlund, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504, phone (360) 902-1860, fax (360) 902-2087, by May 26, 1999.
Date of Intended Adoption: June 9, 1999.
April 21, 1999
Candace A. Jacobs, DVM
Assistant Director
OTS-2929.1
PERISHABLE PACKAGED FOOD GOODS--PULL DATING
The purpose for this rule is to establish uniform standards for pull date labeling and safe storage conditions for perishable packaged food goods as described in RCW 69.04.900 through 69.04.920.
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The purpose for pull dates is to inform the consumer of the expected length of shelf life for perishable packaged foods in order to allow them a reasonable amount of time to use the product under proper care and storage conditions.
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The pull date indicates the last day that the product can be sold and still allow the purchaser a reasonable amount of time to use the product under normal usage and storage conditions.
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Yes, products can be sold after the pull date has expired if they are still wholesome, not a danger to health and clearly labeled indicating that the pull date has expired. They must be separated from products that are still within pull date.
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The pull date must first show the month then the day of the month. The month can either be identified with three letters indicating the month such as DEC for December or by numbers indicating the month from one for January through twelve for December. The day of the month must be shown using two numbers such as 06 for the sixth day or 19 for the nineteenth day. When both the month and day of the month are shown by numbers they must be separated by a space or dash. The pull date must be separated from other numbers or letters on the label so as to prevent confusion.
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No, pull dates on perishable packaged foods subject to pull dating may not be changed, crossed-out or concealed.
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The pull date must be placed on the label in a conspicuous location, that is clearly discernible. The pull date must be legible and of a type size consistent with the size of other required labeling.
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Storage conditions and temperature requirements for perishable packaged foods are the same as required under chapter 246-215 WAC rules and regulations of the state board of health for food service and chapter 69.10 RCW Food Storage Warehouses.
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The following sections of the Washington Administrative Code are repealed:
| WAC 16-142-001 | Promulgation. |
| WAC 16-142-010 | Application. |
| WAC 16-142-020 | Date. |
| WAC 16-142-030 | Package dating. |
| WAC 16-142-040 | Placement of "pull date." |
| WAC 16-142-050 | Storage. |
| WAC 16-142-060 | Effective date. |