PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-12-124.
Title of Rule: Sanitary certificates, covers requirements for issuance of sanitary certificates to food processing plants and milk processing plants.
Purpose: To add requirements to rule for issuance of milk processing plant sanitary certificates as authorized under amendment to chapter 15.36 RCW, Fluid milk by the 1999 Washington legislative session and to complete scheduled review of rule.
Statutory Authority for Adoption: RCW 15.36.525 and 69.07.085.
Statute Being Implemented: Chapter 15.36 RCW.
Summary: Requirements for issuance of sanitary certificates were added to rule that established requirements for issuance of sanitary certificates to food processing plants as authorized by 1999 Washington legislature. Scheduled review of rule was accomplished. A section was added requiring applicants to attest in writing that information provided by the applicant on sanitary certificates is correct where the department has no direct knowledge.
Reasons Supporting Proposal: Rule had not been reviewed or updated since 1984, it contained outdated references and some provisions no longer necessary because of changed circumstances.
Name of Agency Personnel Responsible for Drafting: Verne E. Hedlund, P.O. Box 42560, Olympia, WA 98504, (360) 902-1860; Implementation and Enforcement: Mike Donovan, P.O. Box 42560, Olympia, WA 98504, (360) 902-1883.
Name of Proponent: , governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule was amended to add requirements for issuance of sanitary certificates to milk processing plants.
This rule was also reviewed for accuracy, clarity and application under current circumstances. The rule was amended to clarify the language and requirements. Housekeeping changes were made that require applicants to attest in writing that information contained on the application for inclusion on the sanitary certificate is correct. This is necessary because the department has no way to ensure that lot numbers and other information concerning free sale in other states is correct.
Proposal Changes the Following Existing Rules: It adds necessary additional requirements for issuing sanitary certificates to milk processing plants to current rule that contains requirements for sanitary certificates for food processing plants. Scheduled review of the rule was also completed and housekeeping changes were made as needed to ensure is consistent with current practices on issuing sanitary certificates.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change has no economic impact on small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street, Room 259, Olympia, WA 98504, on January 26, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Julie Carlson by January 19, 2000, TDD (360) 902-1996.
Submit Written Comments to: Verne E. Hedlund, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2087, by January 26, 2000.
Date of Intended Adoption: February 9, 2000.
December 21, 1999
Dan Jemelka, DVM
Acting Assistant Director
OTS-3401.3
AMENDATORY SECTION(Amending Order 5066, filed 12/27/94,
effective 1/27/95)
WAC 16-147-010
((Authority and)) What is the purpose((.))
of this chapter?
((This chapter is promulgated under authority
of RCW 69.07.020 and 69.07.085.)) The purpose of this ((rule))
chapter is to establish requirements for ((issuance of)) issuing
sanitary certificates to food ((processors)) processing plants
and to milk processing plants.
[Statutory Authority: RCW 69.07.020, 69.07.085. 95-02-016 (Order 5066), § 16-147-010, filed 12/27/94, effective 1/27/95.]
A sanitary certificate is a notarized statement by a responsible
food safety official ((that certifies)) certifying that a food
processing plant or milk processing plant has been inspected and
approved by this department and has been issued a license
indicating the same.
((It further certifies that its products to the best of our
knowledge are prepared under sanitary conditions, are not harmful
and are freely sold in the United States.))
[Statutory Authority: RCW 69.07.020, 69.07.085. 95-02-016 (Order 5066), § 16-147-020, filed 12/27/94, effective 1/27/95.]
The requirements for obtaining a sanitary certificate are:
(1) All applicants ((for a sanitary certificate)) must
((have current license)) be currently licensed as either a food
((processor)) processing or milk processing plant in Washington
state with the department of agriculture under RCW 69.07.040 or
15.36.051.
(2) Sanitary certificate will be issued only to cover products listed on the license application or otherwise approved by the department of agriculture.
(3) Products for certification must not be under embargo or
litigation by ((Washington)) the department of agriculture, the
U.S. Food and Drug Administration, or other recognized public
health authorities.
(4) ((A food processor)) An applicant must not be ((in
arrears)) more than ninety days in arrears in paying for previous
sanitary certificates issued.
(5) ((A food processor)) Any applicant that requests
sanitary certificates must have been inspected by the department
of agriculture within the inspection frequency guidelines
established by Washington state department of agriculture and
must be in substantial compliance with applicable food safety and
dairy laws and rules.
(6) The applicant must provide the department with a declaration in a form acceptable to the department.
(7) Sanitary certificates will be in a form approved by the
((Washington state)) department of agriculture ((which)) that
specifies the plant location where the products were ((produced))
processed and that the plant was inspected and found in
substantial compliance with food safety or dairy laws and rules. No statements will be made to ((infer)) imply that ((any given))
a product was inspected and passed.
(((7))) (8) Sanitary certificates will be issued ((as soon
as possible)) in the order the requests are received. However
advance notice of three business days is required to ensure
((the)) that sanitary certificates will be sent by the date
needed.
(((8))) (9) The department will deliver sanitary certificate
by U.S. mail service. Requests for overnight mail or FAX will be
allowed, but must be paid for by requester.
(10) Milk processing plants that request sanitary certificates for Grade A products must be in compliance with the Pasteurized Milk Ordinance (PMO), or Condensed and Dry Milk Ordinance (DMO), as applicable.
[Statutory Authority: RCW 69.07.020, 69.07.085. 95-02-016 (Order 5066), § 16-147-030, filed 12/27/94, effective 1/27/95.]