EXPEDITED RULES
Title of Rule and Other Identifying Information: Chapter 16-662 WAC, Weights and measures -- National handbooks, this
chapter establishes requirements for the state of Washington
that are reasonably consistent with the uniform rules adopted
by the National Conference on Weights and Measures and that
are in effect in other states.
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 May 3, 2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal adopts the National Institute of Standards and Technology (NIST) handbooks as follows:
(1) The 2005 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195;
(2) The 2005 edition of NIST Handbook 130 (Uniform Laws and Regulations in the area of legal metrology and engine fuel quality);
(3) The fourth edition (January 2005) of NIST Handbook 133 (Checking the Net Contents of Packaged Goods); and
(4) Modifications to NIST Handbook 44 and NIST Handbook 130.
In addition, this proposal:
(1) Outlines the process for conducting inspections of the net contents of packaged goods under NIST Handbook 133;
(2) Describes when the department will take enforcement action when conducting price verification inspections under NIST Handbook 130; and
(3) Rewrites the entire chapter to increase its clarity and readability.
Reasons Supporting Proposal: RCW 19.94.195 requires that the most current version of NIST Handbook 44 be adopted every year. The department also adopts the current version of NIST Handbook 130 and NIST Handbook 133 in order to maintain uniformity with other states. Forty-eight of the fifty states use NIST Handbook 130 and the majority of the states use NIST Handbook 44 and NIST Handbook 133.
Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.
Statute Being Implemented: Chapter 19.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State Department of Agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.
March 2, 2005
Mary A. Martin Toohey
Assistant Director
OTS-7850.2
AMENDATORY SECTION(Amending WSR 03-08-017, filed 3/25/03,
effective 4/25/03)
WAC 16-662-100
What is the purpose((.)) of this chapter?
((The purpose of this rule is to establish)) (1) This chapter
establishes requirements for the state of Washington that are
reasonably consistent with the uniform ((state)) rules ((that
have been)) adopted by the National Conference on Weights and
Measures and that are in effect in other states.
(2) This chapter applies specifically to ((subject areas
for)) the:
(((1))) (a) Uniform specifications, tolerances and other
technical requirements for weighing and measuring devices
addressed in the National Institute of Standards and
Technology (NIST) NIST Handbook 44;
(((2))) (b) Uniform procedures for checking the net
contents of packaged goods addressed in ((the National
Institute of Standards and Technology,)) NIST Handbook 133;
(((3))) (c) Uniform packaging and labeling
((requirements)) regulation addressed in NIST Handbook 130;
(((4))) (d) Uniform regulation for the method of sale of
commodities ((requirements)) addressed in NIST Handbook 130;
and
(((5))) (e) Uniform examination procedure((s)) for price
verification addressed in ((the National Institute of
Standards and Technology)) NIST Handbook 130.
((The publications cited in this chapter,)) (3)(a) NIST
Handbook 44, NIST Handbook 130 and NIST Handbook 133, may be
purchased from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402. ((The
handbooks)) They are also available on the National Institute
of Standards and Technology website at
http://ts.nist.gov/ts/htdocs/230/235/owmhome.htm.
(b) For information regarding the contents and
application of these publications, contact the weights and
measures ((in)) program at the Washington State Department of
Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560,
telephone number 360-902-1857, or e-mail
wtsmeasures@agr.wa.gov.
[Statutory Authority: Chapters 19.94 and 34.05 RCW. 03-08-017, § 16-662-100, filed 3/25/03, effective 4/25/03. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-100, filed 6/4/97, effective 7/5/97.]
(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 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, 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, 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, 2004 Edition.)) The WSDA adopts the following national standards:
| National standard for: | Contained in the: |
| (1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment | 2005 Edition of NIST Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices |
| (2) The procedures for checking the accuracy of the net contents of packaged goods | Fourth Edition (January 2005) of NIST Handbook 133 - Checking the Net Contents of Packaged Goods |
| (3) The requirements for packaging and labeling, method of sale of commodities, and the examination procedures for price verification | 2005 Edition of NIST Handbook 130 - Uniform Laws and Regulations in the area of legal metrology and engine fuel quality, specifically: |
| (a) Weights and measures requirements for all food and nonfood commodities in package form | Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2005 Edition |
| (b) Weights and measures requirements for the method of sale of food and nonfood commodities | Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2005 Edition |
| (c) Weights and measures requirements for price verification | Examination Procedure for Price Verification as adopted by the National Conference on Weights and Measures and published in NIST Handbook 130, 2005 Edition |
[Statutory Authority: Chapters 19.94 and 34.05 RCW. 04-12-025, § 16-662-105, filed 5/26/04, effective 6/26/04; 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.]
(1) General Code: Section G-UR. User Requirements. In the last sentence of subsection G-UR.4.1. "Maintenance of Equipment," change "device user" to "device owner or operator."
(2) Scale Code: Section UR.3. Use Requirements. At the end of subsection UR.3.7.(a) add "and homeowner refuse.")) The WSDA adopts the following modifications to NIST Handbook 44, which is identified in WAC 16-662-105(1):
| Modified Section: | Modification: |
| (1) General Code: Section G-UR.4.1. Maintenance of Equipment | In the last sentence of G-UR.4.1., Maintenance of Equipment, change the words "device user" to "device owner or operator." As a result of this modification, the last sentence of G-UR.4.1. will read: |
| "Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator shall not be considered "maintained in a proper operating condition." | |
| (2) Scales: Section UR.3.7. Minimum Load on a Vehicle Scale | At the end of UR.3.7.(a) add "and homeowner refuse." As a result of this modification, UR.3.7.(a) will read: |
| "10 d when weighing scrap material for recycling and homeowner refuse;" |
[Statutory Authority: Chapters 19.94 and 34.05 RCW. 03-08-017, § 16-662-110, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 01-16-005, § 16-662-110, filed 7/19/01, effective 8/19/01; 99-07-056, § 16-662-110, filed 3/16/99, effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-110, filed 6/4/97, effective 7/5/97.]
(((1) Section 2.20. Gasoline-Oxygenate Blends. Delete
Section 2.20. The requirements for this subject are addressed
in RCW 19.94.505 and chapter 16-657 WAC.
(2) Section 2.23. Animal Bedding. Add a new subsection 2.23.1. Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state of Washington shall be in terms of cubic measure or units and fractions thereof.))
| Modified Section: | Modification: |
| (1) Section 2.20 Gasoline-Oxygenate Blends | Delete Section 2.20 because the requirements for this subject are addressed in RCW 19.94.505 and chapter 16-657 WAC |
| (2) Section 2.23 Animal Bedding | Add a new subsection, which reads as follows: |
| 2.23.1 Sawdust, Barkdust, Decorative Wood Particles, and Similar Products. -- As used in this subsection, "unit" means a standard volume equal to 200 cubic feet. When advertised, offered for sale, or sold within Washington state, quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials must be in cubic measures or units and fractions thereof. |
[Statutory Authority: Chapters 19.94 and 34.05 RCW. 03-08-017, § 16-662-115, filed 3/25/03, effective 4/25/03. Statutory Authority: RCW 19.94.195. 98-13-072, § 16-662-115, filed 6/15/98, effective 7/16/98. Statutory Authority: Chapter 19.94 RCW. 97-12-075, § 16-662-115, filed 6/4/97, effective 7/5/97.]
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