Original Notice.

Preproposal statement of inquiry was filed as WSR 00-02-077.

Title of Rule: Milk and milk products, chapter 16-101 WAC, adopts documents covering requirements for cooperative interstate milk shippers program.

Purpose: Adopts the latest 1999 editions of the Pasteurized Milk Ordinance and Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments (NCIMS). It also adopts the 1997 edition of the Methods of Making Sanitation Ratings of Milk Shippers. This permits the department to use the most current requirements under the interstate milk shippers program to ensure free movement of Washington milk in interstate commerce.

Statutory Authority for Adoption: RCW 15.36.021(3).

Statute Being Implemented: Chapter 15.36 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: Adoption of the latest requirements under the NCIMS cooperative agreements ensures that Washington milk plants, producers and single service container plants are being held to latest standards to assist in continued acceptance of their products in interstate commerce. Allows new enforcement procedures to be implemented.

Name of Agency Personnel Responsible for Drafting and Implementation: Claudia Coles, 1111 Washington Street, Olympia, WA 98504, (360) 902-1905; and Enforcement: Mike Donovan, 1111 Washington Street, 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 sets standards for the NCIMS voluntary program that allows milk to be freely shipped from one state to another, because of the cooperative agreement, and maintaining uniform standards for sanitation and processing. Adoption of the updated pasteurized milk ordinance and procedures (PMO) and other documents will enable the department to update its enforcement procedures to apply civil penalties and avoid dumping of good milk for penalties for violations. The new version of the PMO also includes the voluntary dairy hazard analysis critical control point (HACCP) pilot program. A Washington state plant, Safeway milk plant, has volunteered to participate in this pilot program.

Proposal Changes the Following Existing Rules: Adopts new updated versions of PMO that include voluntary dairy HACCP pilot program and allowing use of different penalties for correction of violations. The language has been improved and some redundancies have been removed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rule change will have no impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The department's rules are not covered under section 201.

Hearing Location: Room 205, Natural Resources Building, 1111 Washington Street, P.O. Box 42560, Olympia, WA 98504-2560, on August 24, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Linda Condon by August 22, 2000, TDD (360) 902-1996.

Submit Written Comments to: Claudia Coles, P.O. Box 42560, 1111 Washington Street, Olympia, WA 98504, fax (360) 902-2087, by August 24, 2000.

Date of Intended Adoption: September 7, 2000.

June 30, 2000

Candace A. Jacobs, DVM

Assistant Director

OTS-4127.2

AMENDATORY SECTION(Amending WSR 96-22-058, filed 11/4/96, effective 12/5/96)

WAC 16-101-700
Adoption of the pasteurized milk ordinance as the standard for production of milk and milk products.

The Grade "A" Pasteurized Milk Ordinance ((1995)) 1999 Recommendations of the United States Public Health Service/Food and Drug Administration is adopted by reference as additional Washington state standards for the production of milk and milk products under chapter 15.36 RCW with the exception of the following portions.

     (a) ((Part 1.))      Grade A Pasteurized Milk Ordinance((:)) - 1999 Revision.

     (i) Section 3, Permits, paragraphs 3 and 4, page ((8)) 5-6.

     (ii) Section 7.      Table 1, line 1, Temperature. . . . Cooled to 7°C (45°F) or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10°C (50°F); line 2, Bacterial Limits. . . . Individual producer milk not to exceed 100,000 per ml prior to commingling with other producer milk, page ((14)) 19.

     (((iii))) (b) Standards for Grade "A" Raw Milk for Pasteurization, Ultra-pasteurization or Aseptic Processing.

     (i) Item ((19r)) 18r Raw Milk Cooling, page ((19)) 37.

     (((b) Part II.      Administrative Procedures:

     (i) Section 3, Permits, paragraphs 3 and 4, page 38.

     (ii) Section 7.      Table 1, line 1, Temperature. . . . Cooled to 7°C (45°F) or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10°C (50°F); line 2, Bacterial Limits. . . . Individual producer milk not to exceed 100,000 per ml prior to commingling with other producer milk; page 51.

     (iii) Section 7, Item 19r Cooling)) (ii) Item 18r Administrative Procedures, paragraph 1, page ((70)) 38.

     (((iv) Section 7,)) (iii) Item ((18r)) 17p Cooling of Milk, paragraph 1, page ((69A)) 81.

     (((v) Section 7,)) (iv) Item ((19r Cooling)) 17p, Administrative Procedures (1), page ((70)) 81.

     (((vi) Section 7, Item 18r Cooling, Administrative Procedures (1), page 70A.

     (vii))) (c) Standards for Grade "A" Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products.

     Sections ((9, page 121,)) 15, 16, and 17, page ((126)) 93.

     (((viii))) (d) Appendix E, pages ((189-190)) 161-162.

     (((ix) Appendix K, page 261-262.

     (x))) (e) Appendix N: Regulatory Agency Responsibilities, B. Enforcement: First Paragraph Titled Reinstatement, page ((316)) 262.

[Statutory Authority: RCW 15.36.021(3).      96-22-058, § 16-101-700, filed 11/4/96, effective 12/5/96.      Statutory Authority: RCW 15.36.540 and [15.36.]550.      93-24-093 (Order 5021), § 16-101-700, filed 11/30/93, effective 12/31/93.      Statutory Authority: Chapter 15.36 RCW.      80-06-125 (Order 1706), § 16-101-700, filed 6/2/80.]

The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers ((1995)) 1999 Revision is adopted by reference as Washington state procedures covering certification of interstate milk shippers.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-716, filed 11/4/96, effective 12/5/96.]

The Methods of Making Sanitation Ratings of Milk Supplies ((1995)) 1997 Revision United States Health and Human Services Public Health Service/Food and Drug Administration is adopted by reference as Washington methods for ratings of interstate milk supplies.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-721, filed 11/4/96, effective 12/5/96.]

(1) The Grade "A" Pasteurized Milk Ordinance ((1995)) 1999 Recommendation of the United States Public Health Service/Food and Drug Administration can be purchased from the Superintendent of Documents, U.S. Printing Office, Washington D.C.

     (2) The following publications can be obtained by writing the Center for Food Safety and Applied Nutrition, Director, Office of Constituent Operations, Industry Activities Staff, HFS-S65 200 "C" Street, SW, Washington D.C. 20204.

     (a) The Grade "A" Condensed and Dry Milk Ordinance Grade "A" Condensed and Dry Milk Products and Condensed and Dry Whey -- Supplement I to the Grade "A" Pasteurized Milk Ordinance, 1995 Recommendations of the United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

     (b) The Standards for the Fabrication of Single-Service Containers and Closures for Milk and Milk Products 1995 Recommendations of the United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

     (c) The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers ((1995)) 1999 Revision.

     (d) The Methods of Making Sanitation Ratings of Milk Supplies ((1995)) 1997 Revision United States Department of Health and Human Services Public Health Services/Food and Drug Administration.

     (e) The Evaluation of Milk Laboratories 1995 Revision United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-990, filed 11/4/96, effective 12/5/96.]

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