Subject of Possible Rule Making: WAC 246-282-006 Washington state Vibrio parahaemolyticus (Vp) control plan.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.30.030 Rules and regulations -- Duties of state board of health.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The state board of health (board) adopted revisions to WAC 246-282-006 in March 2009 to better protect shellfish consumers from Vp-related illnesses. Even with the latest revisions to the control plan, the number of illnesses has steadily increased. The board is considering revisions to the Vp control plan to include more proactive measures to prevent illness and protect public health. This could include a combination of requirements based on environmental factors to determine the safety of shellfish prior to harvest and consumption. In addition, the board will consider revisions for clarity and consistency with the National Shellfish Sanitation Program Model Ordinance.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

     Process for Developing New Rule: The board will use collaborative rule making with a stakeholder committee process to develop the proposed rule. The committee will be made up of representatives from tribal and nontribal industry, the United States Food and Drug Administration, the department of health, and other interested stakeholders.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rick Porso, Department of Health, Office of Shellfish and Water Protection, P.O. Box 7824, Olympia, WA 98504-7824.

November 28, 2012

Michelle A. Davis

Executive Director