Title of Rule: Chapter 16-662 WAC, Weights and measures -- National handbooks.

     Purpose: To bring the existing weights and measures rules, governing method of sale, packaging, labeling, device tolerances and specifications, and for testing the net contents of packaged goods into compliance with requirements of statute, with other states, and with current practice by adopting annually revised national standards.

     Statutory Authority for Adoption: RCW 19.94.190 and 19.94.195.

     Statute Being Implemented: Chapter 19.94 RCW.

     Summary: This proposal would amend existing rules to adopt the 2002 edition of National Institute of Standards and Tolerances (NIST) Handbook 44. The proposal will also adopt the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2002 edition of NIST Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality. The department adopts these regulations annually. The rule would also adopt the 2002 edition of NIST Handbook 133, Fourth Edition, Checking the Net Contents of Packaged Goods.

     Reasons Supporting Proposal: NIST Handbook 130 provides uniform standards for method of sale, packaging and labeling of commodities. NIST Handbook 44 contains the tolerances and technical requirements for weighing and measuring devices. NIST Handbook 133 provides procedures and standards for testing the net contents of packaged goods. These handbooks are adopted in some form by approximately forty-eight of the fifty states. Their use promotes uniformity in commerce and in the regulations governing weighing and measuring devices. RCW 19.94.195 requires the most current version of NIST Handbook 44 be adopted.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, Olympia, (360) 902-1856.

     Name of Proponent: Washington State Department of Agriculture, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: NIST Handbook 130 provides uniform standards for method of sale, packaging and labeling of commodities. NIST Handbook 44 contains the tolerances and technical requirements for weighing and measuring devices. NIST Handbook 133 provides procedures and standards for testing the net contents of packaged goods. These handbooks are adopted in some form by approximately forty-eight of the fifty states. Their use promotes uniformity in commerce and in the regulations governing weighing and measuring devices. These regulations insure consumers can compare prices and make informed judgements about items for sale in the marketplace. These regulations also insure that businesses compete on a fair and consistent basis.

     Proposal Changes the Following Existing Rules: This change will adopt the most current version of the NIST Handbooks. NIST Handbook 44 was changed to include general code requirements for listing the model designations, trademarks and other markings on weighing and measuring devices. The others are technical changes to requirements for testing and tolerance of devices. NIST Handbook 130 changes the method of sale regulation for sand, rock, gravel and similar materials. The handbooks are available on the Internet at http://ts.nist.gov/ts/htdocs/230/235/pubs.htm. Changes to NIST Handbook 44 are listed beginning on page viii. Changes to NIST Handbook 130 are listed on page vi. NIST Handbook 133 is a compilation of National Bureau of Standard Handbook 133 and its four supplements. There were no substantial changes to the procedures, tolerances and technical requirements in the newest version of the handbook.

March 18, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5534.1

AMENDATORY SECTION(Amending WSR 01-16-005, filed 7/19/01, effective 8/19/01)

WAC 16-662-105   Adoption -- Weighing and measuring equipment requirements -- Package checking -- Packaging and labeling -- Method of sale -- Price verification.   (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment shall be those contained in the ((2001)) 2002 Edition of the National Institute of Standards and Technology (NIST) Handbook 44, published by the U.S. Department of Commerce, entitled the National Institute of Standards and Technology Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

     (2) The procedures for checking the accuracy of the net contents of packaged goods shall be those contained in the ((Third)) Fourth Edition of ((National Bureau of Standards (NBS))) National Institute of Standards and Technology (NIST) Handbook 133 published by the United States Department of Commerce, entitled ((the National Bureau of Standards)) NIST Handbook 133 - ((Third)) Fourth Edition - Checking the Net Contents of Packaged Goods ((as modified by NIST Handbook 133 Supplements 1, 2, 3, and 4, issued in 1990, 1991, 1992, and 1994 respectively)) - Fourth Edition, 2002 Edition.

     (3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification shall be those contained in the ((2001)) 2002 Edition of National Institute of Standards and Technology Handbook 130, entitled the NIST Handbook 130 - Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality, specifically:

     (a) Weights and measures requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

     (b) Weights and measures requirements for the method of sale of food and nonfood commodities shall be those found in the Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

     (c) Weights and measures requirements for price verification shall be the Examination Procedures for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST (National Institute of Standards and Technology) Handbook 130, ((2001)) 2002 Edition.

[Statutory Authority: RCW 19.94.195. 01-16-005, § 16-662-105, filed 7/19/01, effective 8/19/01; 00-14-005, § 16-662-105, filed 6/23/00, effective 7/24/00; 99-07-056, § 16-662-105, filed 3/16/99, effective 4/16/99; 98-13-072, § 16-662-105, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-105, filed 6/4/97, effective 7/5/97.]

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