WSR 04-16-092

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 3, 2004, 9:21 a.m. ]

Title of Rule and Other Identifying Information: Chapter 16-157 WAC, Organic food standards and certification.

NOTICE

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 THIS 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, Olympia, WA 98504-2560 , AND RECEIVED BY October 4, 2004.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 34.05.353 (1)(b) allows the department to use the expedited rule-making process to adopt or incorporate without material change federal statutes or regulations. Using this expedited rule-making process, the department is proposing to adopt recent changes to the National Organic Standards. The final federal rules amend the United States Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect recommendations submitted to the Secretary by the National Organic Standards Board (NOSB). Technical corrections are also included in this final federal rule that clarify specific sections of the National List and adequately reflect previous NOSB recommendations. Consistent with the NOSB recommendations, the final federal rule adds fourteen substances to the National List along with any restrictive annotations. Also, the final federal rule revises the annotations of three substances and makes eight technical revisions.

Reasons Supporting Proposal: The USDA National Organic Program has accredited the Washington State Department of Agriculture (WSDA) as an organic certifying agency. In order to maintain its accreditation and ensure consistency in the implementation of the United States National Organic Program, the WSDA must adopt the recent changes to the National List adopted by USDA.

Statutory Authority for Adoption: RCW 15.86.010 and chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.86 RCW.

Rule is necessary because of federal law, 68 FR 61992, Subpart G-Administrative - National List of Allowed and Prohibited Substances as amended October 31, 2003, and November 3, 2003.

Name of Proponent: Washington State Department of Agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Miles McEvoy, Olympia, (360) 902-1924.

August 3, 2004

Kathy Kravit-Smith

Assistance Director

OTS-7425.1


AMENDATORY SECTION(Amending WSR 03-03-044, filed 1/10/03, effective 2/10/03)

WAC 16-157-020   Adoption of the National Organic Program.   The 2001 National Organic Program final rule, 7 CFR Part 205, effective ((April 21, 2001)) November 3, 2003, is adopted by reference as Washington state standards for the production and handling of organic crops, livestock and processed food products. The ((2001)) National Organic Program final rule may be obtained from the department.

[Statutory Authority: Chapter 15.86 RCW. 03-03-044, 16-157-020, filed 1/10/03, effective 2/10/03; 02-10-090, 16-157-020, filed 4/29/02, effective 5/30/02.]

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