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

     Purpose: Currently, WAC 246-282-005 references the United States Food and Drug Administration's (FDA) 1999 National Shellfish Sanitation Program (NSSP) Model Ordinance, which all shellfish producing states are required to follow in order to place molluscan shellfish into interstate commerce. The FDA evaluates each state's shellfish sanitation control program to ensure compliance with the NSSP. The FDA has adopted a 2003 version of the Model Ordinance, leaving WAC 246-282-005 out of date. An update of WAC 246-282-005 is needed to assure that Washington state remains in compliance with the NSSP, and that molluscan shellfish products from the state can continue to be placed into interstate commerce. This proposed rule will update the reference to the current document, the 2003 NSSP Guide for the Control of Molluscan Shellfish. The state board of health delegated this rule-making activity to the department of health at their meeting on July 13, 2005.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-282-005.

     Statutory Authority for Adoption: RCW 69.30.030.

      Adopted under notice filed as WSR 05-21-124 on October 19, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The proposed rule as published in WSR 05-21-124 did not correct one reference to the 1999 Model Ordinance. The proposed text of WAC 246-282-005(2) has been amended to correct this oversight.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: December 16, 2005.

M. C. Selecky

Secretary

OTS-8357.2

AMENDATORY SECTION(Amending WSR 01-04-054, filed 2/5/01, effective 3/8/01)

WAC 246-282-005   Minimum performance standards.   (1) Any person engaged in a shellfish operation or possessing a commercial quantity of shellfish or any quantity of shellfish for sale for human consumption must comply with and is subject to:

     (a) The requirements of the ((1999)) 2003 National Shellfish Sanitation Program (NSSP) ((Model Ordinance)) Guide for the Control of Molluscan Shellfish, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration (copies available through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of food safety and shellfish programs);

     (b) The provisions of 21 Code of Federal Regulations (CFR), Part 123 - Fish and Fishery Products, adopted December 18, 1995, by the United States Food and Drug Administration, regarding Hazard Analysis Critical Control Point (HACCP) plans (copies available through the U.S. Food and Drug Administration, Office of Seafood, and the Washington state department of health, office of food safety and shellfish programs); and

     (c) All other provisions of this chapter.

     (2) If a requirement of the NSSP ((Model Ordinance)) Guide for the Control of Molluscan Shellfish or a provision of 21 CFR, Part 123, is inconsistent with a provision otherwise established under this chapter or other state law or rule, then the more stringent provision, as determined by the department, will apply.

[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, § 246-282-005, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 69.30.030. 98-18-066, § 246-282-005, filed 8/31/98, effective 10/1/98; 98-03-096, § 246-282-005, filed 1/21/98, effective 2/21/98; 96-18-096, § 246-282-005, filed 9/4/96, effective 10/5/96; 94-23-026, § 246-282-005, filed 11/8/94, effective 12/9/94.]