WSR 08-24-073

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 1, 2008, 11:23 a.m. , effective January 1, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The Washington state department of agriculture is adopting, 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 shippers, 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 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.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-101-700, 16-101-705, 16-101-711 and 16-101-990; and amending WAC 16-101-716, 16-101-721, and 16-101-726.

Statutory Authority for Adoption: RCW 15.36.21 [15.36.021].

Other Authority: Chapter 15.36 RCW.

Adopted under notice filed as WSR 08-20-093 on September 29, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 3, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 3, Repealed 4.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 3, Repealed 4.

Date Adopted: December 1, 2008.

Robert W. Gore

Director

OTS-1896.2

Chapter 16-101 WAC

WASHINGTON STATE MILK AND MILK PRODUCTS STANDARDS


NEW SECTION
WAC 16-101-701   Standards for the production of milk and milk products.   (1) With the exception of the portions identified in subsection (2) of this section, the department adopts the Grade "A" Pasteurized Milk Ordinance, 2007 Revision, United States Public Health Service/Food and Drug Administration, as additional Washington state standards for the production of milk and milk products including Grade A condensed and dry milk products and condensed and dry whey products under chapter 15.36 RCW.

(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 10C (50F) or less within four (4) hours or less of the commencement of the first milking and to 7C (45F) 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 10C (50F)."
Note: Milk sample submitted for testing cooled and maintained at 0C (32F) to 4.4C (40F), but <7.0C (45F) 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."

(b) Standards for Grade "A" Raw Milk for Pasteurization, Ultra-pasteurization or Aseptic Processing.


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

(c) Standards for Grade "A" Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products.


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)

(d) Appendix E: Examples of 3-out-of-5 Compliance Enforcement Procedures.


PMO Page No. Excepted Portion
Pages 198-199 All of Appendix E

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AMENDATORY SECTION(Amending WSR 00-21-012, filed 10/6/00, effective 11/6/00)

WAC 16-101-716   ((Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program)) Procedures for certification of interstate milk shippers.   The department adopts the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program ((for Certification of Interstate Milk Shippers 1999)) of the National Conference on Interstate Milk Shipments 2007 Revision ((is adopted by reference)) as Washington state procedures ((covering)) for the certification of interstate milk shippers.

[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.]


AMENDATORY SECTION(Amending WSR 00-21-012, filed 10/6/00, effective 11/6/00)

WAC 16-101-721   ((Adoption of)) Methods ((of Making Sanitation Ratings)) for making sanitation ratings of milk ((Supplies)) shippers.   The department adopts the Methods of Making Sanitation Ratings of Milk ((Supplies 1999)) Shippers 2007 Revision, United States Health and Human Services Public Health Service/Food and Drug Administration ((is adopted by reference)) as Washington state methods for ratings of interstate milk ((supplies)) shippers.

[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.]


AMENDATORY SECTION(Amending WSR 96-22-059, filed 11/4/96, effective 12/5/96)

WAC 16-101-726   ((Adoption of Evaluation of)) Standard for the accrediting of milk laboratories.   The department adopts the Evaluation of Milk Laboratories ((1995)) 2005 Revision United States Health and Human Services Public Health Service/Food and Drug Administration ((is adopted by reference)) as the Washington state standard for ((accreditation of)) accrediting milk laboratories and certified industry supervisors ((requesting)) who request certification and approval for uniform collection and testing required for compliance with the Grade "A" Pasteurized Milk Ordinance.

[Statutory Authority: RCW 15.36.021(3). 96-22-059, 16-101-726, filed 11/4/96, effective 12/5/96.]


NEW SECTION
WAC 16-101-731   Availability of the publications adopted by the department in this chapter.   (1) The Grade "A" Pasteurized Milk Ordinance, 2007 Revision, United States Public Health Service/Food and Drug Administration, can be purchased from the Superintendent of Documents, U.S. Printing Office, Washington, D.C.

(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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REPEALER

     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?

Washington State Code Reviser's Office