AGENDA
If you have any questions, please call George Huffman at (360) 902-1802 or e-mail at ghuffman@agr.wa.gov.
Semi-Annual Rules Agenda
July 1, 2003 - December 31, 2003
P.O. Box 42560
Olympia, WA 98504-2560
| WAC Number | Rule Title | Agency Contact | CR-101 | Tentative Timeline CR-102 | CR-103 | Subject of Rule Making |
| Pesticide Management Division | ||||||
| WAC 16-200-750 through 16-200-887 | Rules relating to commercial feeds. | Ali Kashani Assistant Program Manager phone (360) 902-2028 |
11/6/02 | 9/17/03 | 11/19/03 | (1) As part of the
department's Executive
Order 97-02 rule review
process, the department is
proposing to repeal WAC 16-200-750 through
16-200-950 and replace
them with three new WAC
chapters, each addressing the
needs of a specific segment
of the commercial feed
industry. The department
will propose: • Chapter 16-250 WAC, Commercial feed rules. • Chapter 16-252 WAC, Commercial feed rules: Pet food and specialty pet food. • Chapter 16-256 WAC, Commercial feed rules: Processed animal waste. |
| (2) The new chapters will: • Be written in a clear and readable style. • Increase the safety of animal feed by adapting applicable sections of Part 589.2000 of Title 21 of the Code of Federal Register [Regulations] (Animal proteins prohibited in ruminant feed) to WSDA feed rules. • Increase consistency between WSDA feed rules and the feed rules of many other states as well as the Association of American Feed Control (AAFCO) model regulations by incorporating applicable parts of the AAFCO commercial feed rules into WSDA feed rules. In addition to improving consistency between states the new WSDA rules will improve free trade between states. |
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| (3) In order to mitigate any potential adverse economic impact of these new commercial feed chapters upon the commercial feed industry, the department will delay the effective date of its proposed amendments until July 1, 2004. | ||||||
| Chapter 16-228 WAC WAC 16-230-250 through 16-230-290 |
General pesticide
rules. Ziram -- Bosc pears. Restricted use pesticides -- Mevinphos (phosdrin). Microencapsulated methyl parathion. |
Ann Wick Program Manager phone (360) 902-2051 |
11/6/02 | 8/20/03 | 10/22/03 | As part of its regular four-year Executive Order 97-02 rule review, WSDA is proposing modifications to chapter 16-228 WAC, including incorporating WAC 16-219-010 into the chapter. WAC 16-219-016 and 16-230-250 through 16-230-290 will be repealed. |
| WAC 16-228-1460 | Experimental use permits. | Ted Maxwell Program Manager phone (360) 902-2026 |
9/4/02 | 8/20/03 | 10/22/03 | WAC 16-228-1460 will be
amended to: (1) Clarify the requirements and restrictions that apply to individual experimental use permits. |
| (2) Expand the definition of "collective experimental use permits["] to include "organizations, pesticide registrants, or persons licensed by the department to conduct demonstration and research activities" on land they own or control. | ||||||
| (3) Define the term "control." | ||||||
| (4) Require that any unused experimental use pesticide that does not have a registered use in Washington state must be returned to the manufacturer or disposed of properly. | ||||||
| WAC 16-200-715 | Fertilizer labels. | Ted Maxwell Program Manager phone (360) 902-2026 |
6/18/03 | 9/17/03 | 12/1/03 | (1) The department will propose amendments to WAC 16-200-715 Fertilizer label information, to implement chapter 15, Laws of 2003 (HB 1117), which unanimously passed the 2003 legislature and was signed by Governor Locke April 16, 2003. HB 1117 amends RCW 15.54.340 [(1)](f) and is effective on January 1, 2004. |
| (2) HB 1117 amends RCW 15.54.340 [(1)](f) by requiring the department to adopt, in rule, a statement on a fertilizer label referring people to the department's uniform resource location (URL or web address) where data regarding the metals content of the product is located. The department intends to propose for adoption the three options that are currently in RCW 15.54.340 [(1)](f) with the only change being the citation of the new URL. In addition, the department is considering adopting a fourth option that would cite the Association of American Plant Food Control Official's (AAPFCO) website, which in turn would direct persons to the department's website. Language allowing this fourth option has been tentatively adopted by the AAPFCO and will be voted on in early August for permanent adoption. | ||||||
| (3) In order to mitigate any potential adverse economic impact of these new label requirements upon the regulated industry, the department's proposed amendments will allow industry to continue to use the URL currently in RCW 15.54.340 [(1)](f) until July 1, 2006. | ||||||
| WAC 16-201-010(20) | Definitions-"temporary field
storage." Primary containment of liquid bulk fertilizers -- Temporary field storage. |
Ted Maxwell Program Manager phone (360) 902-2026 |
7/23/03 | TBD | TBD | The department is considering amending chapter 16-201 WAC, Fertilizer bulk storage and operational containment rules, to permanently allow temporary field storage to be kept in place for twenty-one days. Current rule allows for twenty-one days but beginning March 1, 2004, this time period is reduced to fourteen days. The department will solicit industry comment regarding repealing the fourteen day time period and making twenty-one days permanent. |
| NEW | Labeling rules for nursery stock. | Tom Wessels Plant Services Program Manager phone (360) 902-1984 |
12/19/02 | 9/03 | 12/03 | Proposed rules would implement statutory requirement that nursery stock offered for sale in Washington state be labeled with the botanical name of the stock. |
| Yellow nutsedge | Establishing quarantines. Quarantine area. Regulations. Costs of quarantine. |
Mary Toohey Assistant Director Plant Protection Division phone (360) 902-1907 |
5/21/03 (CR-105) |
Expedited Adoption | 7/23/03 | The department proposes lifting the yellow nutsedge quarantine at the Port of Kalama by amending the following sections of rule as requested by the Cowlitz County Noxious Weed Control Board: WAC 16-752-300 Establishing quarantine, 16-752-305 Quarantine area, 16-752-315 Regulations, and 16-752-320 Costs of quarantine. In 1989, the department originally adopted the quarantine of the Port of Kalama in Cowlitz County for yellow nutsedge. The quarantine was initiated to prevent the movement of soil containing yellow nutsedge nutlets off-site. The quarantine was necessary because of the invasive nature of the weed - yellow nutsedge propagates by seed, rhizomes, bulbs, and nutlets. Soil containing nutlets is the primary mode of spread in cultivated land. Since that time an effective method of containment of the contaminated soil has been found that will prevent the yellow nutsedge from spreading, thus making the quarantine at the Port of Kalama unnecessary. |
| Chapter 16-657 WAC | Retail pricing of motor and heating fuel. | Jerry Buendel Weights and Measures Program Manager phone (360) 902-1856 |
1/22/03 | 8/20/03 | 11/03 | Executive Order 97-02 review of chapter 16-657 WAC with the intent to combine this chapter with chapter 16-659 WAC. Rewrite the chapter for clarity and possibly propose amendments based upon industry recommendations. |
| Chapter 16-659 WAC | Weights and measures -- Liquefied petroleum gas. | Jerry Buendel Weights and Measures Program Manager phone (360) 902-1856 |
1/22/03 | 8/20/03 | 11/03 | Executive Order 97-02 review of chapter 16-659 WAC with the intent to combine this chapter with chapter 16-657 WAC. Rewrite the chapter for clarity and possibly propose amendments based upon industry recommendations. |
| WAC 16-401-050 | Annual
assessment -- Fruit tree material. Application and fees. |
Tom Wessels Plant Services Program Manager phone (360) 902-1984 |
7/2/03 | 9/3/03 | 10/03 | During the 2003 legislative session, the Washington state legislature passed legislation (chapter 25, Laws of 2003 (ESSB 5404)), which was signed by Governor Locke on June 26, 2003, authorizing the department to sufficiently increase department fees to ensure that department programs will be able cover the full cost of providing program services. As a result, the department, with the support of Washington state fruit tree nursery industry, plans to amend WAC 16-401-050 to increase the annual assessment on fruit tree material. The department also plans to amend WAC 16-401-050 to require that licensed nurseries maintain accurate records of fruit tree sales. The department will also propose amending WAC 16-350-045 Application and fees, to delete the fruit tree material assessment amount, since it is already specified in WAC 16-401-050, and to correct an RCW reference in WAC 16-350-045. |
| Food Safety, Animal Health and Consumer Services Division | ||||||
| Chapter 16-100 WAC | Refrigerated locker establishments--Recording thermometers. | Claudia Coles Food Safety Program Manager phone (360) 902-1905 |
6/18/03 (CR-105) |
Expedited Repeal | 8/20/03 | As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to repeal a rule chapter that is no longer needed. Content is covered by 21 C.F.R., Part 110, chapters 19.32, 69.04, 69.07, and 69.10 RCW, and chapters 16-139, 16-142, 16-165, and 16-167 WAC. |
| Chapter 16-600 WAC | Honey. | Claudia Coles Food Safety Program Manager phone (360) 902-1905 |
6/18/03 (CR-105) |
Expedited Repeal | 8/20/03 | As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to repeal a rule chapter that is no longer needed. 32 F.R. 7565 and 50 F.R. 15861 cover chapter content. |
| Chapter 16-101 WAC Chapter 16-101X WAC |
Milk and milk
products. Degrades, license suspensions and revocations for dairy producers and processors. |
Jim Pressley Food Safety Assistant Program Manager phone (360) 902-1860 |
8/6/03 | 10/22/03 | 12/17/03 | As part of its ongoing Executive Order 97-02 rule review process, the department is proposing to combine its dairy rules into one, clearly written and easy to use chapter. |
| Chapter 16-102 WAC | Butterfat testing of milk. | |||||
| Chapter 16-103 WAC | Milk processing assessments and collections. | |||||
| Chapter 16-124 WAC | Licensed testers, weighers, samplers and graders. | |||||
| Chapter 16-125 WAC | Farm milk storage tanks and bulk milk tanker -- Requirements. | |||||
| Chapter 16-129 WAC | Labeling and advertising of products resembling genuine dairy products. | |||||
| Chapter 16-144 WAC | Processing frozen desserts. | |||||
| Chapter 16-607 WAC | Inspection and identification of livestock. | Leslie Alexander Livestock Identification Assistant Program Manager phone (360) 902-1855 or (509) 545-8816 |
6/18/03 | 10/1/03 | 11/25/03 | The department is planning to initiate rule making to implement chapter 326, Laws of 2003 (SSB 5891) requirements that were unanimously passed by the 2003 legislature and signed by Governor Locke on May 16, 2003. In addition, the department, in response to Executive Order 97-02, will rewrite chapter 16-607 WAC by replacing it with chapter 16-610 WAC, which will incorporate rule amendments required by SSB 5891 and be written in a clear and readable format based upon clear rule-writing principles. |
| WAC 16-54-155 | Exotic Newcastle Disease (END) emergency quarantine. | Dr. Kathleen M.
Connell, DVM Acting State Veterinarian phone (360) 902-1878 |
N/A | Emergency Rule | 5/28/03 | Extended previously adopted emergency rule to prevent the introduction or spread of Exotic Newcastle Disease (END) into Washington state. The virus that causes END is highly contagious and is readily spread by contact with infected birds or materials contaminated by the virus. |
| WAC 16-54-155 | Exotic Newcastle Disease (END) emergency quarantine. | Dr. Kathleen M.
Connell, DVM Acting State Veterinarian phone (360) 902-1878 |
5/28/03 | 7/23/03 | 9/3/03 | Permanent rule making to replace the emergency END quarantine rules. |
| Implementing Chapter 397, Laws of 2003 (ESHB 1754) | Special temporary permit -- Poultry slaughter. | Jim Pressley Food Safety Assistant Program Manager phone (360) 902-1860 |
6/4/03 | 10/1/03 | 11/19/03 | The department, working
with industry stakeholders
and other interested parties,
will develop rules to
implement chapter 397,
Laws of 2003 (ESHB 1754),
which relates to the
slaughter of chickens
(Gallus domesticus). ESHB
1754 requires that the
department issue a special
temporary permit regulating
"the slaughter and
preparation of one thousand
or fewer pastured chickens
in a calendar year by the
agricultural producer of the
chickens for the sale of
whole raw chickens by the
producer directly to the
ultimate consumer at the
producer's farm, and for such
sale." ESHB 1754, which
was passed unanimously by
the 2003 legislature and
signed by the governor on
May 20, 2003, specifically
directs the department to
develop rules generally
patterned after those
established by WAC 246-215-190 Temporary
food service establishments,
but must be tailored
specifically to the slaughter,
preparation and sale
activities identified in the
bill. The department's rule
requirements must include,
but are not limited to: • Cooling procedures, when applicable; |
| • Sanitary facilities, equipment and utensils; | ||||||
| • Clean water; | ||||||
| • Washing and other hygienic practices; and | ||||||
| • Waste water disposal. The department's special temporary rules must also identify the length of time the permit is valid. |
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| Commodity Inspection Division | ||||||
| Chapter 16-403 WAC | Standards for apples marketed within Washington. | Jim Quigley Program Manager Fruit and Vegetable Inspection Program Commodity Inspection Division phone (360) 902-1883 |
7/23/02 | 9/17/03 | 11/03 | Amendments may be necessary to accommodate changes in United States standards for apples. WSDA, with industry involvement, is reviewing chapter 16-403 WAC to make sure that department apple standards are at-least-as-effective-as new United States standards for apples. |
| Chapter 16-400 WAC | Fruit and vegetable inspection fees. | Jim Quigley Fruit and Vegetable Inspection Program Manager phone (360) 902-1883 |
5/7/03 | 9/17/03 | 11/03 | The department will
propose rules that: (1) Increase fruit and vegetable inspection program hourly inspection rates (regular and overtime). These hourly rate increases are necessary to recover the department's actual costs of providing inspection services. RCW 15.17.150 mandates that the department establish fees to recover the costs of providing inspection and/or certification or other requested services. To comply with this mandate, the department will propose a fee schedule that provides for the recovery of hourly inspection costs, both regular and overtime. Currently, hourly inspection rates are below the cost of providing inspection services. |
| (2) Adopt federal terminal hourly rates established by USDA/AMS/FPB. Since there is no department rule for fresh produce audit verification of fruits and vegetables, the department will propose adopting the federal terminal market hourly inspection rate for such services. Adopting the federal terminal market hourly inspection rate would make the state and federal fees equal for this federal/state program. | ||||||
| (3) Establish fees for fresh produce audit verification program for good agricultural practices (GAP) and good handling practices (GHP). The department will propose adopting federal market inspection fees for GAP and GHP audit certifications performed by federal/state-licensed auditors for the USDA fresh produce audit verification program. | ||||||
| Chapter 16-449 WAC | Washington controlled atmosphere storage requirements for winter pears. | Jim Quigley Fruit and Vegetable Inspection Program Manager phone (360) 902-1883 |
7/2/03 | 9/17/03 | 11/03 | Combine the three chapters into one chapter containing the controlled atmosphere requirements for fruits and vegetables. |
| Chapter 16-459 WAC | Controlled atmosphere storage. | |||||
| Chapter 16-690 WAC | Fruit storage. | |||||
| Chapter 16-461 WAC | Inspection requirements for fruits and vegetables. | Jim Quigley Fruit and Vegetable Inspection Program Manager phone (360) 902-1883 |
8/20/03 | 10/22/03 | 12/03 | The department will consider amending chapter 16-461 WAC because current rule language does not address movement of controlled commodities to out-of-state facilities for packing and shipping for fresh market sales. Current language only addresses requirements for intrastate movement. Rule language will be revised to specifically define the requirements for interstate movement of controlled commodities. Such amendments are necessary because of recent problems a Washington state asparagus handler encountered when requesting to ship asparagus to a California packer/shipper for packing and shipping for fresh market. Also, the department will repeal WAC 16-461-015 because it is no longer needed. |
| WAC 16-301-005 | General seed standards -- Definitions. | Bob Gore Assistant Director Commodity Inspection Division phone (360) 902-1827 |
6/4/03 | 7/23/03 | 9/03 | Proposed amendments will: • Amend the "official seed laboratory" definition in WAC 16-301-005 to include accredited seed laboratories; |
| WAC 16-301-010 | What publications are adopted in chapters 16-301, 16-302 and 16-303 WAC and where can they be obtained? | • Amend WAC 16-301-010 and 16-301-055 to update Association of Official Seed Certifying Agencies (AOSCA) and Association of Official Seed Analysts (AOSA) adoption dates; | ||||
| WAC 16-301-055 | Tolerances for seed law enforcement. | • Amend WAC 16-302-110(1) to read that certification tags "must be" attached to a container of certified seed before it is distributed; | ||||
| WAC 16-302-110 | Completion of seed certification -- When may seed be labeled with a seed certification tag, label or seal? | • Amend WAC 16-302-110(2) by replacing the words "under the supervision of the certifying agency" with "in accordance with the certifying agencies rules"; | ||||
| WAC 16-302-150 | Eligibility for interagency certification. | • Amend WAC 16-302-150(3) and 16-302-155 (2)(b) to delete the references to "Part C" because there isn't a Part "C" on the Interagency Certified Seed Report form; | ||||
| WAC 16-302-155 | Interagency seed certification procedure. | • Amend WAC 16-302-255(1) by replacing "preceding three years" with "preceding one year"; | ||||
| WAC 16-302-255 | Land requirements for bean seed certification. | • Amend WAC 16-302-385 by adding minimum purity requirements for "turf type" fescue and "range/reclamation type" fescue to the fescue section of the table; | ||||
| WAC 16-302-385 | Grass seed standards for certification. | • Amend WAC 16-302-410(3) to delete "a ten gram Poa annua check"; and | ||||
| WAC 16-302-410 | Standards for sod quality seed. | • Any other clarifying amendments to these sections that might be necessary. | ||||
| WAC 16-303-200 | Seed program
testing fees.
Organization for economic cooperation and development scheme for varietal certification (OECD) fees.
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Bob Gore Assistant Director Commodity Inspection Division phone (360) 902-1827 |
6/4/03 | 7/23/03 | 9/03 | Proposed rule amendments will restructure the seed program's fee schedule and increase fees charged for services to a sufficient level to recover current operating costs, finance two additional seed analysts and enhance the program's ability to address future testing requirements of new technology and crops being raised in Washington state. Chapter 308, Laws of 2003 (HB 1126), which was signed by the governor on May 14, 2003, authorizes the department to increase seed certification fees, laboratory analysis fees and miscellaneous fees for alfalfa, grasses, vegetables and other minor seed crops sufficiently to cover the cost of operating the seed program and provide expanded services to effectively meet the needs of the industry. In addition, some sections in chapter 16-303 WAC will either be repealed or combined. |
| WAC 16-303-317 | Annual and rough bluegrass quarantine fees. | |||||
| WAC 16-303-320 | Certification fees for seed certified by the department except grasses. | |||||
| WAC 16-303-330 | Certification fees for grass seed. | |||||
| WAC 16-237-170 | Emergency storage situation. | Don Michelbook Grain Warehouse Audit Program Manager phone (509) 533-2488 |
6/4/03 | 7/23/03 | 8/28/03 | The purpose of this rule
making is to implement
chapter 13, Laws of 2003
(HB 1101), which amended
RCW 22.09.660, and was
unanimously passed by the
2003 legislature and signed
by Governor Locke on April
14, 2003. The department
will implement HB 1101 by
amending WAC 16-237-170
to: • Extend the time period from thirty to one hundred twenty days that grain covered by negotiable receipts can be forwarded during emergency storage situations without canceling or reissuing the negotiable receipt. The one hundred twenty day time period aligns the department's rule with USDA requirements under the uniform grain and rice storage agreement. |
| • Allow for possible extensions of the one hundred twenty day time period. Again, this aligns the department rule with USDA requirements. | ||||||
| • Require written
permission from the
depositor and/or the
holder of the
warehouse receipt
before the grain is
shipped. The department will also rewrite WAC 16-237-170 according to clear rule-writing principles that comply with the "clarity" criteria in Executive Order 97-02. |
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George Huffman
Rules Coordinator