WSR 02-22-094



(Pesticide Management Division)

[ Filed November 6, 2002, 10:09 a.m. ]

     Subject of Possible Rule Making: Rules relating to commercial feeds and processed animal waste products, WAC 16-200-750 through 16-200-950.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.53 RCW, Washington Commercial Feed Law and chapter 34.05 RCW, Administrative Procedure Act.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As part of the department's Executive Order 97-02 rule review process, WAC 16-200-750 through 16-200-950 have been reviewed and will be rewritten in a new WAC chapter (chapter 16-250 WAC, Commercial feed rules) that specifically addresses the needs of the commercial feed industry. This new chapter will:

•     Be written in a clear and readable style allowing users to more easily understand and use WSDA commercial feed rules.

•     Reflect current commercial feed industry practices.

•     Increase the safety of commercial animal feed by incorporating applicable sections of Part 589.2000 of Title 21 of the Code of Federal Regulations (Animal proteins prohibited in ruminant feed).

•     Increase the free flow of trade between Washington state and many other states by incorporating applicable parts of the Association of American Feed Control Officials (AAFCO) model regulations.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Food and Drug Administration (FDA) also has responsibility for regulating certain aspects of animal feed. The regional FDA office will be supplied with copies of the proposed rule changes for review and comment.

     Process for Developing New Rule: The department's feed advisory committee, American Feed Industry Association (AFIA), National Grain and Feed Association (NGFA), Pet Food Institute (PFI) and FDA representatives have commented on the feed rule. Their comments are being incorporated into the draft rules. The department will make copies of the draft rules available for review and comment to the businesses regulated by them. Finally, members of the public and affected businesses will have an opportunity to comment on the proposed rules at the public hearing and during the public comment period.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ali Kashani, Assistant Program Manager, Feed and Fertilizer Program, phone (360) 902-2028, e-mail; or Neil Lanning, Feed Specialist, phone (360) 902-2052, e-mail; address and fax for both: Pesticide Management Division, Department of Agriculture, P.O. Box 42589, Olympia, WA 98504-2589, fax (360) 902-2093.

November 6, 2002

Bob Arrington

Assistant Director

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