WSR 17-09-028 PROPOSED RULES DEPARTMENT OF HEALTH [Filed April 12, 2017, 1:15 p.m.] Original Notice. Title of Rule and Other Identifying Information: WAC 246-282-005 Sanitary control of shellfish minimum performance standards, the department of health (department) is amending the rule which references the 2013 version of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish (guide). The rule making is necessary to update the publication date from 2013 to the most recently adopted 2015 version of the NSSP guide previously adopted by reference. Hearing Location(s): Department of Health, Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98511, on May 23, 2017, at 9:30 a.m. Date of Intended Adoption: May 31, 2017. Submit Written Comments to: Michelle K. Austin, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by May 23, 2017. Assistance for Persons with Disabilities: Contact Michelle K. Austin by May 17, 2017, TTY (800) 833-6388 or 711. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed amendment will update the reference to the NSSP guide to assure that the most current health and safety requirements are in rule as required in statute. The United States Food and Drug Administration (FDA) requires all shellfish-producing states to follow the most current version of the NSSP guide in order to place molluscan shellfish into interstate commerce. The rule currently references the 2013 NSSP guide, leaving the current rules out-of-date. The proposed rule updates the reference to the 2015 version of the NSSP guide. Reasons Supporting Proposal: FDA oversees a cooperative program between the shellfish-producing states and the shellfish industry for the production and processing of shellfish consistent with the NSSP guide. FDA evaluates each state's shellfish sanitation control program to ensure compliance with the NSSP guide. Therefore, an update of WAC 246-282-005 is needed so that Washington state remains compliant with the NSSP guide and the molluscan shellfish products from Washington can continue to be placed into interstate commerce. Statutory Authority for Adoption: RCW 69.30.030. Statute Being Implemented: RCW 69.30.030. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Department of health, governmental. Name of Agency Personnel Responsible for Drafting: Michelle K. Austin, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3250; Implementation and Enforcement: Laura W. Johnson, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3333. No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards. A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards. April 12, 2017 Clark Halvorson Assistant Secretary
AMENDATORY SECTION (Amending WSR 15-04-049, filed 1/29/15, effective 1/29/15)
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 U.S. Food and Drug Administration National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish (((2013))) (2015) (copies available through the U.S. Food and Drug Administration, Shellfish Sanitation Branch, and the Washington state department of health, office of shellfish and water protection);
(b) The provisions of 21 Code of Federal Regulations (C.F.R.), 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 or a provision of 21 C.F.R., 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.
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