PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-24-049.
Title of Rule: Chapter 16-662 WAC, Weights and measures -- National Handbooks.
Purpose: This rule would adopt current versions of National Institute of Standards and Technology (NIST) Handbooks. Specifically NIST Handbook 130 entitled, Uniform Laws and Regulations in the areas of legal metrology and motor fuel quality and NIST Handbook 44 entitled, Specifications, Tolerances and other Technical requirements for Weighing and Measuring Devices.
Statutory Authority for Adoption: RCW 19.94.195.
Statute Being Implemented: Chapter 19.94 RCW.
Summary: This rule adopts the 2001 versions of NIST Handbook 130 and Handbook 44.
Reasons Supporting Proposal: Chapter 19.94 RCW requires the adoption of the most current handbooks and the changes would bring the state requirements into conformance with national standards.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA, (360) 902-1856.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule adopts the 2001 versions of NIST Handbooks 130 and Handbook 44. The handbooks provide uniform regulations and technical guidance. Changing to the current versions will achieve compliance with the statutory requirement for adopting the most current handbooks. These handbooks are adopted by almost all fifty states. Their adoption promotes uniformity in this regulatory activity across the nation.
Proposal Changes the Following Existing Rules: The rule change would adopt the 2001 versions of Handbooks 130 and 144 [44].
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not require a statement because it does not impose any additional costs to small businesses under RCW 19.85.030.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Natural Resources Building, 2nd Floor, Room 205, 1111 Washington Street, Olympia, WA 98504, on June 28, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jodi Jones by June 22, 2001, TDD (360) 902-1996, or (360) 602-1976.
Submit Written Comments to: Washington State Department of Agriculture, Weights and Measures, Jerry Buendel, Program Manager, P.O. Box 42560, or 1111 Washington Street, Olympia, WA 98504-2560, fax (360) 902-2086, by June 27, 2001.
Date of Intended Adoption: July 19, 2001.
May 10, 2001
John Daly
Assistant Director
OTS-4844.1
AMENDATORY SECTION(Amending WSR 00-14-005, filed 6/23/00,
effective 7/24/00)
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 ((2000)) 2001 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 Third Edition of National Bureau of Standards (NBS) Handbook 133 published by the United States Department of Commerce, entitled the National Bureau of Standards Handbook 133 - Third Edition - Checking the Net Contents of Packaged Goods as modified by NIST Handbook 133 Supplements 1, 2, 3, and 4, issued in 1990, 1991, 1992, and 1994 respectively.
(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 ((2000)) 2001
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,
((2000)) 2001 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, ((2000)) 2001 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, ((2000)) 2001 Edition.
[Statutory Authority: RCW 19.94.195. 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:
(a) Section G-T. Tolerances. In paragraphs (b), (c), and (d) of subsection G-T.1. "Acceptance Tolerances", change "30 days" to "90 days."
(b) 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."
(3) ((Vehicle-Tank Meters Code: Section UR.2.2 Ticket
Printer; Customer Ticket. Change the effective dates in brackets
at the end of the section to read as follows (Nonretroactive as
of June 30, 1999. To become retroactive as of January 1, 2001.)
(4))) Appendix D Definitions, Direct Sale. Replace with the following: "A sale in which both parties in the transaction are present when the quantity is being determined."
[Statutory Authority: RCW 19.94.195. 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.]