WSR 04-12-025

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 26, 2004, 11:38 a.m. ]

Date of Adoption: May 26, 2004.

Purpose: This rule-making order amends chapter 16-662 WAC, Weights and measures -- National handbooks, by adopting the 2004 Edition of NIST Handbook 44 (Specifications, Tolerances and other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195. In addition, this order also adopts the Packaging and Labeling Regulation and the Method of Sale Regulation in the 2004 Edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality).

Citation of Existing Rules Affected by this Order: Amending WAC 16-662-105.

Statutory Authority for Adoption: Chapter 19.94 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 04-07-044 on March 10, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 26, 2004

Valoria H. Loveland

Director

OTS-7023.1


AMENDATORY SECTION(Amending WSR 03-08-017, filed 3/25/03, effective 4/25/03)

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 ((2003)) 2004 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 Fourth Edition of National Institute of Standards and Technology (NIST) Handbook 133 published by the United States Department of Commerce, entitled NIST Handbook 133 - Fourth Edition - Checking the Net Contents of Packaged Goods - Fourth Edition, 2003 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 ((2003)) 2004 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, ((2003)) 2004 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, ((2003)) 2004 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, ((2003)) 2004 Edition.

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 03-08-017, 16-662-105, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 02-12-029, 16-662-105, filed 5/29/02, effective 6/29/02. 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.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office