WSR 05-10-088

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 4, 2005, 7:59 a.m. , effective June 4, 2005 ]


Purpose: This rule-making order amends chapter 16-662 WAC, Weights and measures -- National Handbooks, by adopting 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 rule-making order:

(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.

Citation of Existing Rules Affected by this Order: Amending WAC 16-662-100, 16-662-105, 16-662-110, and 16-662-115.

Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.

Adopted under notice filed as WSR 05-06-111 on March 2, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 4, Repealed 0.

Date Adopted: May 4, 2005.

Valoria H. Loveland

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.]


AMENDATORY SECTION(Amending WSR 04-12-025, filed 5/26/04, effective 6/26/04)

WAC 16-662-105   ((Adoption -- Weighing and measuring equipment requirements -- Package checking -- Packaging and labeling -- Method of sale -- Price verification.)) What national weights and measures standards are adopted by the Washington state department of agriculture (WSDA)?   (((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 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 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.]


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

WAC 16-662-110   ((Modifications to)) Does the WSDA modify NIST Handbook 44((.))?   ((The following modifications are made to Handbook 44, identified in WAC 16-662-105:

(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.]


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

WAC 16-662-115   ((Modifications to)) Does the WSDA modify NIST Handbook 130((.))?   The WSDA adopts the following modifications ((are made)) to the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):

(((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.]


NEW SECTION
WAC 16-662-120   How does the WSDA conduct inspections of the net contents of packaged goods under NIST Handbook 133?   WSDA inspects packages using the Used Dry Tare procedures outlined in NIST Handbook 133.

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NEW SECTION
WAC 16-662-125   When does WSDA take enforcement action when conducting price verification inspections under NIST Handbook 130?   WSDA uses NIST Handbook 130, Examination Procedure For Price Verification, Paragraph 11.2., Model Enforcement Levels. Overcharges will be used to determine price accuracy for enforcement actions under chapter 19.94 RCW. WSDA may issue a civil penalty after failure of the third price accuracy inspection.

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Washington State Code Reviser's Office