Title of Rule: Chapter 16-100 WAC, Refrigerator locker establishments -- Recording thermometers, which consists of three sections: WAC 16-100-001 Promulgation, 16-100-010 Specifications and use, and 16-100-020 Penalty.
Purpose: This filing is the result of the department's on-going commitment to review and revise, when necessary, as mandated by Executive Order 97-02. The purpose of this filing is to use the expedited rule-making process to repeal WAC 16-100-001, 16-100-010, and 16-100-020. RCW 34.05.353(2) allows the department to use the expedited rule-making process to repeal rules that are no longer necessary because of changed circumstances (RCW 34.05.353 (2)(c)) or when other rules of the department or of another agency govern the same activity as the rule, making the rule redundant (RCW 34.05.353 (2)(d)).
|•||WAC 16-100-001 Promulgation, represents an outdated method of rule writing that is no longer used and is unnecessary so it should be repealed.|
|•||WAC 16-167-050 covers the temperature requirements contained in WAC 16-100-010 Specifications and use, by adopting Title 21 Code of Federal Regulations (21 C.F.R.) part 110. 21 C.F.R. addresses good manufacturing practices and food storage temperature requirements. Department food storage temperature requirements are also addressed in RCW 19.32.100, 69.04.915, WAC 16-142-170 and 16-165-130(29). For these reasons, the department considers WAC 16-100-010 redundant and proposes to repeal it.|
|•||The content of WAC 16-100-020 Penalty, is also redundant and should be repealed because the subject of penalties is covered in RCW 19.32.180, 69.04.060, 69.04.070, 69.07.150, 69.10.050 and chapter 16-139 WAC, Penalties.|
Statutory Authority for Adoption: Chapters 19.32, 69.04, 69.07, 69.10, and 34.05 RCW.
Statute Being Implemented: Chapters 19.32, 69.04, 69.07, and 69.10 RCW.
Summary: The department is proposing to repeal chapter 16-100 WAC.
Reasons Supporting Proposal: The three sections of chapter 16-100 WAC (WAC 16-100-001, 16-100-010, and 16-100-020) are outdated and redundant and should be repealed.
Name of Agency Personnel Responsible for Drafting: George Huffman, Olympia, Washington, (360) 902-1802; Implementation and Enforcement: Claudia Coles, Olympia, Washington, (360) 902-1905.
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: The department is proposing to repeal chapter 16-100 WAC because its three sections ( WAC 16-100-001, 16-100-010 and 16-100-020) are outdated and redundant and should be repealed.
Proposal Changes the Following Existing Rules: The
proposed change would repeal chapter 16-100 WAC, which is no
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, e-mail firstname.lastname@example.org, fax (360) 902-2092 , AND RECEIVED BY August 19, 2003.
June 18, 2003
The following chapter of the Washington Administrative Code is repealed:
|WAC 16-100-010||Specifications and use.|