WSR 02-12-128

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 5, 2002, 10:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-08-084.

Title of Rule: Chapter 16-674 WAC, Sealing, marking, retesting devices.

Purpose: This rule will be given a new title and amended to clarify weighmaster licensing and operating requirements. The changes will update exemptions for certain weighing or measuring devices or instruments. A change will be made to require the registration of weighing and measuring devices when the device is first placed into commercial use. Three sections regarding fees for inspections, tests, grain elevator scale tests and railroad track scales will be repealed. These repealed sections will be modified and moved to chapter 16-675 WAC. In this process, the fees will be increased within the fiscal growth factor or Fiscal Year 2003. The text will be amended to clear and readable format and updated to conform to current standards.

Statutory Authority for Adoption: RCW 19.94.010, 19.94.190, and 15.80.410.

Statute Being Implemented: Chapters 19.94 and 15.80 RCW.

Summary: Action will delete exemptions granted under an outdated state law. The rule will clarify the requirements for businesses licensed as weighmasters. They will be required to have a bond in force, have their weighing and measuring devices registered with the Department of Licensing, submit a scale test report and submit applications with proper fees. Weighmasters will be required to surrender impression seals upon expiration, suspension or revocation of their licenses. Owners of weighing and measuring devices will be required to register the devices when the device is first placed into commercial use. This action repeals WAC 16-674-010(2), 16-674-065, 16-674-080, and 16-674-090. The deleted sections will be moved to chapter 16-675 WAC and adopted concurrently with this rule change.

Reasons Supporting Proposal: The proposal repeals sections based on outdated state law and will clarify weighmaster licensing requirements and device registration requirements. The sections repealed will be placed in chapter 16-675 WAC thereby consolidating the provisions regarding fees in the weights and measures program into one rule. The new rule accomplishes the intent of Executive Order 97-02, regulatory improvement, by making the rule clear and readable.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA, (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: This rule change will delete exemptions for the testing, sealing and marking requirements granted under an outdated state law. The rule will clarify the requirements for businesses applying for licenses as weighmasters. Weighmasters will be required to surrender their impression seals upon expiration, suspension or revocation of their licenses. Businesses will be required to register weighing and measuring devices when the device is placed into commercial use. The action repeals WAC 16-674-010(2), 16-674-065, 16-674-080, and 16-674-090. The deleted sections will be written into chapter 16-675 WAC and adopted concurrently with this rule change.

Proposal Changes the Following Existing Rules: This proposal repeals WAC 16-674-010(2), 16-674-065, 16-674-080, and 16-674-090. The repealed sections will be written into chapter 16-675 WAC and adopted concurrently with this rule change.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department conducted an economic impact survey of the two hundred forty-five businesses licensed under this program. The survey focused on the requirement that weighmasters submit a copy of a test report for their scales with the license application. The requirement further stipulated that the scale test be not more than twelve months old. 51% of those surveyed responded. The department determined that the compliance costs associated with the proposed new rule requirements are not "more than minor" and a formal small business economic impact statement under chapter 19.85 RCW is not required. We found current practice results in scales being tested at least once a year. Ninety percent of the respondents indicated that their scales are tested at least once a year. The proposed testing requirement does not impose a new compliance cost on the weighmasters. Finally, the fact that the department is not requiring a special test for the application but is allowing any test performed within the twelve months prior to the date a license application is submitted is a mitigating factor.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Natural Resources Building, 2nd Floor, Room 205, 1111 Washington Street, Olympia, WA 98504, on July 11, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by July 3, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Washington State Department of Agriculture, Weights and Measures, Jerry Buendel, Program Manager, P.O. Box 42560, or 1111 Washington Street, Olympia, WA 98504-2506, e-mail Jbuendel@agr.wa.gov, fax (360) 902-2086, by close of business July 11, 2002.

Date of Intended Adoption: July 22, 2002.

June 5, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5655.2

Chapter 16-674 WAC

WEIGHTS AND MEASURES -- ((SEALING, MARKING, RETESTING DEVICES)) EXEMPTIONS, WEIGHMASTERS AND DEVICE REGISTRATION


AMENDATORY SECTION(Amending WSR 96-01-040, filed 12/13/95, effective 1/13/96)

WAC 16-674-010   Exemptions and definitions.   (1) The weighing or measuring instruments or devices listed below ((shall be specifically)) are exempted from the sealing or marking inspection and testing requirements of ((section 2, chapter 355, Laws of 1995)) RCW 19.94.163, because they are of such character or size that such sealing or marking ((inspection and testing)) would be inappropriate, impractical, or damaging to the apparatus in question:

(a) Measure containers
(b) Milk bottles
(c) Lubricating oil bottles
(d) Berry baskets and boxes.
(2) ((The classes of weighing or measuring instruments or devices listed below shall be specifically exempted from section 6, of chapter 237, Laws of 1992 because they are of such character that periodic testing is unnecessary to ensure continued accuracy:

(a) Vehicle tanks used as measures*
(b) Farm milk tanks*
(c) Liquid measures*
(d) Glass graduates
(e) Measures containers
(f) Milk bottles
(g) Lubricating oil bottles
(h) Linear measures*
(i) Dry measures*
(j) Berry baskets and boxes.))

*Whenever an item of this class is damaged, repaired or modified in any way that affects the accuracy of measurement, it shall not thereafter be used for measurement until it has been officially inspected and reapproved.

(3)
)) Unless the context clearly requires otherwise, the definitions provided for in chapter 19.94 RCW and in this section shall apply to this chapter.

(a) "Commercial weighing or measuring device" shall be construed to include any weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device.

(b) "Owner" shall be construed to mean the individual or business actually using a weighing or measuring device for commercial purposes, regardless of who is the legal owner or lien holder of such device.

[Statutory Authority: 1995 c 355 1, 2, 3, 4, 9, 10, 15 and 16. 96-01-040, 16-674-010, filed 12/13/95, effective 1/13/96. Statutory Authority: 1992 c 237. 93-03-079, 16-674-010, filed 1/19/93, effective 2/19/93; Order 1145, 16-674-010, filed 2/27/70, effective 4/1/70; Order 792, Regulation 3, effective 3/1/60.]


AMENDATORY SECTION(Amending Order 2091, filed 7/25/91, effective 8/25/91)

WAC 16-674-030   Weighmaster license issuance, expiration and fees.   (1) Weighmaster licenses issued under RCW 15.80.460 shall expire on June 30th following the date of issuance.

(2) Upon expiration, suspension or revocation of the license, the weighmaster must surrender their impression seal to the director or his representative within ten days if they do not renew their license, if their license is suspended or if their license is revoked. The seal may be surrendered by sending the seal to the department or by surrendering the seal to the director or his duly appointed representative.

(3) Businesses or individuals applying to renew their license or applying for their initial license with the department must have a current bond in the amount of one thousand dollars and that bond must remain in force and effect for not less than the entire licensing period.

(4) Weighing and measuring devices used by weighmasters are considered to be in commercial use and must be registered. Registrations are accomplished through the department of licensing as part of the master license service under chapter 19.02 RCW.

(5) Proof of a scale test within the last twelve months must be submitted with the application.

(6) Applications must be submitted with proper fees.

(7) Fees for weighmasters are as follows:

Item Fee
Annual application $ 20.00
Each weigher $ 5.00
Each seal rental $ 5.00
Replacement seal $ 25.00
Late renewal penalty 50% of total renewal fee

(8) Applications received without subsections (3), (4), (5) and (6) of this section will be considered incomplete applications and will be returned to the applicant.

[Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. 91-16-005 (Order 2091), 16-674-030, filed 7/25/91, effective 8/25/91.]


AMENDATORY SECTION(Amending Order 2091, filed 7/25/91, effective 8/25/91)

WAC 16-674-040   Weighmaster license -- Late renewal penalty.   (1) Renewal applications for weighmaster licenses issued under chapter 15.80 RCW not filed by July 1st of any one year are subject to a penalty of fifty percent of the renewal fee as provided by RCW 15.80.470.

(2) Nothing herein shall be construed to limit the department's ability, as otherwise provided by law, to deny a license, to condition license renewal, or to enforce violations of applicable laws, subsequent to the expiration of a license.

[Statutory Authority: RCW 15.32.100, 15.32.110, 15.32.584, 69.07.040, 16.49.440, 16.49.630, 15.80.460, 15.80.470, 15.80.500, 16.58.060, 20.01.050, 22.09.050, 22.09.055, 22.09.070, 22.09.075, 17.21.070, 17.21.110, 17.21.126, 17.21.129, 17.21.220, 17.21.122, 15.58.200, 15.58.210, 15.58.220, 17.21.140 and 16.57.080. 91-16-005 (Order 2091), 16-674-040, filed 7/25/91, effective 8/25/91.]


NEW SECTION
WAC 16-674-055   Weighing and measuring devices.   (1) Weighing and measuring devices used by weighmasters must meet all legal requirements for commercial weighing and measuring devices.

(2) Effective September 1, 2002, weighmaster scales must be tested not less than every twelve months and must conform to the tolerances and specifications in the edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," adopted by the department in chapter 16-662 WAC. Inspections must be performed by either service agents registered with the department or by the department. The department is under no obligation to provide this inspection service.

(3) A legible copy of the current scale inspection and current master business license must be maintained at the same site as the scale and must be immediately made available to the director or his representative upon request.

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AMENDATORY SECTION(Amending WSR 96-01-040, filed 12/13/95, effective 1/13/96)

WAC 16-674-095   Device registration.   (1) All weighing or measuring devices used for commercial purposes in the state shall be registered annually. Devices in commercial use within a city having a city sealer and a weights and measures program that has adopted registration fees shall be registered with the city. Devices used commercially outside of such city shall register with the department. If the commercial use of the device is within such city that has not adopted fees, the device shall be registered with the department.

(2) The device registration fees established in RCW 19.94.175 shall apply unless a city jurisdiction has adopted separate registration fees for devices used within its jurisdiction. Cities may establish separate annual registration fees for devices within city jurisdictions; however, they may not exceed the fees in RCW 19.94.175 for registering the use of a similar instrument or device. Payment of the device registration fee constitutes registration. Cities shall notify the department of agriculture regarding the adoption of fee levels and any changes in fees.

(3) All device registrations with the department shall be accomplished as part of the department of licensing, master license system under chapter 19.02 RCW. Devices shall be initially registered at the time the owner applies for a master license for a new business or ((at the first renewal of the license that occurs after)) when the device is first placed into commercial use. Device registrations with a city may be accomplished through the master licensing system with a letter of request for implementation assistance from the city to the department of agriculture.

(4) The department of licensing shall remit to the department of agriculture all registration fees collected less reasonable collection expenses. The department of agriculture shall forward to the city that portion of fees attributable to city registrations.

[Statutory Authority: 1995 c 355 1, 2, 3, 4, 9, 10, 15 and 16. 96-01-040, 16-674-095, filed 12/13/95, effective 1/13/96.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-674-065 Special inspection and testing fees.
WAC 16-674-080 Fees for federal grain elevator scales.
WAC 16-674-090 Fees for railroad track scales.

Washington State Code Reviser's Office