PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-16-113.
Title of Rule and Other Identifying Information: Milk and milk products, chapter 16-101 WAC, adopts documents covering requirements for the cooperative interstate milk shippers program.
Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 259, 2nd Floor, 1111 Washington Street, Olympia, WA 98504-2560, on Thursday, November 6, 2008, at 1:30 p.m.
Date of Intended Adoption: December 1, 2008.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by Friday, November 7, 2008, 5:00 p.m.
Assistance for Persons with Disabilities: Contact WSDA receptionist by October 31, 2008, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state department of agriculture is proposing to adopt, in accordance with RCW 15.36.021, the 2007 Revision of the Grade A Pasteurized Milk Ordinance (PMO), the 2007 Revision of the Methods of Making Sanitation Ratings of Milk Shipppers, the 2007 revision of the Procedures Governing the Cooperative State conference on Interstate Milk Shippers, and the 2005 Revision of the Evaluation of Milk Laboratories. Adoption of the latest revisions will ensure that the milk and milk products produced in this state meet the latest standards and will assist in continued acceptance of Washington state milk and milk products shipped to other states.
In addition to writing the rules in a clear and readable format, the proposed amendments will specifically:
| • | Replace WAC 16-101-700 with new section WAC 16-101-701. The proposed new section adopts the 2007 Revision of the PMO and updates exceptions to the PMO (those portions that conflict with Washington state law), |
| • | Repeal WAC 16-101-705, the dry milk ordinance (DMO) is now consolidated into the 2007 Revision of the PMO, |
| • | Repeal WAC 16-101-711, the fabrication of single service containers and closures for milk and milk products is now covered under Appendix J of the 2007 Revision of the PMO, and |
| • | Replace WAC 16-101-990 with new section WAC 16-101-731. This section is moved within the chapter in order to directly follow the related sections. |
Statutory Authority for Adoption: RCW 15.36.21 [15.36.021].
Statute Being Implemented: Chapter 15.36 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The public health service/Food and Drug Administration's recommended Grade A PMO is an ordinance to regulate the production, transportation, processing, handling, sampling, examination, labeling, and sale of Grade "A" milk and milk products including buttermilk and buttermilk products and condensed and dry milk products. It is the basic standard used in the voluntary Cooperative State-PHS/FDA Program for the Certification of Interstate Milk Shipments, a program participated in by all fifty states, the District of Columbia and United States Trust Territories. The National Conference on Interstate Milk Shipments (MCIMS) in accordance with the Memorandum of Understanding with the Food and Drug Administration recommends at its biennial conference changes and modifications to the Grade "A" PMO. The ordinances are the requirements to participate in this program.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Claudia Coles, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1905.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW does not apply to the adoption of a rule(s) described in RCW 34.05.310 (4)(c) and (e).
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required. The department of agriculture is not a named agency in RCW 34.05.328 (5)(a)(i).
September 29, 2008
Jerry Buendel
Assistant Director
OTS-1896.2
WASHINGTON STATE MILK AND MILK PRODUCTS STANDARDS
(2) The department does not adopt the following portions of the Grade "A" Pasteurized Milk Ordinance, 2007 Revision:
(a) Grade "A" Pasteurized Milk Ordinance - 2007 Revision.
| PMO Page No. | Excepted Portion | |
| Pages 11-12 | • | Section 3, Permits, paragraph 4, which begins with "The regulatory agency shall suspend..." |
| • | Section 3, Permits, paragraph 5, which begins with "Upon notification..." | |
| Page 28 | Section of Table 1 entitled "GRADE "A" RAW MILK AND MILK PRODUCTS FOR PASTEURIZATION, ULTRA-PASTEURIZATION OR ASEPTIC PROCESSING" | |
| • | "Temperature: Cooled to 10°C (50°F) or less within four (4) hours or less of the commencement of the first milking and to 7°C (45°F) or less within two hours after the completion of milking. Provided that the blend temperature after the first milking and subsequent milkings does not exceed 10°C (50°F)." | |
| Note: Milk sample submitted for testing cooled and maintained at 0°C (32°F) to 4.4°C (40°F), but <7.0°C (45°F) and less than three (3) hours after collection has not increased in temperature; | ||
| • | Under Bacterial Limits, only the sentence..."Individual producer milk not to exceed 100,000 per mL prior to commingling with other producer milk." |
| PMO Page No. | Excepted Portion |
| Page 51 | Item 18r. "Raw Milk Cooling" paragraph 1, which begins with "Raw milk for pasteurization shall be cooled..." |
| Pages 51-52 | Item 18r. "Administrative Procedures", paragraph 1 only |
| PMO Page No. | Excepted Portion |
| Page 111 | Item 18p. "Bottling, Packaging and Container Filling", under Public Health Reason, first sentence only which begins with "Manual bottling, packaging, and container filling..." |
| Page 111 | Item 18p. "Administrative Procedures", item number 2 only. |
| Page 113 | Item 19p. "Capping, container closure and sealing and Dry Milk Product Storage", Administrative Procedures, item number 1 only. |
| Page 125 | Sections 15 (Enforcement), 16 (Penalty), and 17 (Repeal and Date of Effect) |
| PMO Page No. | Excepted Portion |
| Pages 198-199 | All of Appendix E |
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[Statutory Authority: RCW 15.36.021(3). 00-21-012, § 16-101-716, filed 10/6/00, effective 11/6/00; 96-22-059, § 16-101-716, filed 11/4/96, effective 12/5/96.]
[Statutory Authority: RCW 15.36.021(3). 00-21-012, § 16-101-721, filed 10/6/00, effective 11/6/00; 96-22-059, § 16-101-721, filed 11/4/96, effective 12/5/96.]
[Statutory Authority: RCW 15.36.021(3). 96-22-059, § 16-101-726, filed 11/4/96, effective 12/5/96.]
(2) The following publications can be obtained by writing the Center for Food Safety and Applied Nutrition, Director, Office of Constituent Operations, Industry Activities Staff, HFS-S65 200 "C" Street, S.W., Washington, D.C. 20204:
• The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2007 Revision.
• The Methods of Making Sanitation Ratings of Milk Shippers, 2007 Revision, United States Department of Health and Human Services Public Health Services/Food and Drug Administration.
• The Evaluation of Milk Laboratories, 2005 Revision, United States Department of Health and Human Services Public Health Service/Food and Drug Administration.
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The following sections of the Washington Administrative Code are repealed:
| WAC 16-101-700 | Adoption of the pasteurized milk ordinance as the standard for production of milk and milk products. |
| WAC 16-101-705 | Adoption of the dry milk ordinance as the standard for production of condensed and dry milk products and condensed and dry whey. |
| WAC 16-101-711 | Adoption of the standards for the fabrication of single-service containers and closures for milk and milk products. |
| WAC 16-101-990 | Where can publications adopted by WSDA under this chapter be obtained? |