WSR 13-03-046

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 10, 2013, 8:12 a.m. , effective February 10, 2013 ]


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

     Purpose: This rule-making order amends chapter 16-101 WAC by adopting the 2011 version of the pasteurized milk ordinance and revision of the somatic cell count in milk.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-101-701, 16-101-716, 16-101-721, 16-101-726, and 16-101-731.

     Statutory Authority for Adoption: RCW 15.36.021.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 12-23-050 on November 16, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 10, 2013.

Dan Newhouse

Director

OTS-5137.4


AMENDATORY SECTION(Amending WSR 08-24-073, filed 12/1/08, effective 1/1/09)

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)) 2011 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)) 2011 Revision:

     (a) Grade "A" Pasteurized Milk Ordinance - ((2007)) 2011 Revision.


PMO Page No. Excepted Portion
Pages ((11-12)) 12-13 • Section 3, Permits, paragraph 4, which begins with "The regulatory agency shall suspend..."
• Section 3, Permits, paragraph 5, which begins with "Upon notification..."
Page 24 • Section 6, The Examination of Milk and Milk Products, paragraph 5, which begins with "Whenever two (2) of the last four (4) consecutive..."
Page ((28)) 29 Section of Table 1 entitled "GRADE "A" RAW MILK AND MILK PRODUCTS FOR PASTEURIZATION, ULTRA-PASTEURIZATION OR ASEPTIC PROCESSING"
• "Temperature: Cooled to 10°C (50°F) or less within four (4) hours or less of the commencement of the first milking and to 7°C (45°F) 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 10°C (50°F)."
Note: Milk sample submitted for testing cooled and maintained at 0°C (32°F) to 4.4°C (40°F), but <7.0°C (45°F) 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)) (52) Item 18r. "Raw Milk Cooling" paragraph 1, which begins with "Raw milk for pasteurization shall be cooled..."
Page((s 51-52)) 53 Ir. "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)) 126 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)) 202-203 All of Appendix E

     (3) The department does adopt the following somatic cell count standards to be: Individual producer bovine cow milk not to exceed 400,000 per mL; and goat, sheep, and all other species milk not to exceed 1,000,000 per mL.

[Statutory Authority: RCW 15.36.21 [15.36.021] and chapter 15.36 RCW. 08-24-073, § 16-101-701, filed 12/1/08, effective 1/1/09.]


AMENDATORY SECTION(Amending WSR 08-24-073, filed 12/1/08, effective 1/1/09)

WAC 16-101-716   Procedures for certification of interstate milk shippers.   The department adopts the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments ((2007)) 2011 Revision as Washington state procedures for the certification of interstate milk shippers.

[Statutory Authority: RCW 15.36.21 [15.36.021] and chapter 15.36 RCW. 08-24-073, § 16-101-716, filed 12/1/08, effective 1/1/09. 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 08-24-073, filed 12/1/08, effective 1/1/09)

WAC 16-101-721   Methods for making sanitation ratings of milk shippers.   The department adopts the Methods of Making Sanitation Ratings of Milk Shippers ((2007)) 2011 Revision, United States Health and Human Services Public Health Service/Food and Drug Administration as Washington state methods for ratings of interstate milk shippers.

[Statutory Authority: RCW 15.36.21 [15.36.021] and chapter 15.36 RCW. 08-24-073, § 16-101-721, filed 12/1/08, effective 1/1/09. 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 08-24-073, filed 12/1/08, effective 1/1/09)

WAC 16-101-726   Standard for the accrediting of milk laboratories.   The department adopts the Evaluation of Milk Laboratories ((2005)) 2011 Revision United States Health and Human Services Public Health Service/Food and Drug Administration as the Washington state standard for accrediting milk laboratories and certified industry supervisors who request certification and approval for uniform collection and testing required for compliance with the Grade "A" Pasteurized Milk Ordinance.

[Statutory Authority: RCW 15.36.21 [15.36.021] and chapter 15.36 RCW. 08-24-073, § 16-101-726, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 15.36.021(3). 96-22-059, § 16-101-726, filed 11/4/96, effective 12/5/96.]


AMENDATORY SECTION(Amending WSR 08-24-073, filed 12/1/08, effective 1/1/09)

WAC 16-101-731   Availability of the publications adopted by the department in this chapter.   (1) The Grade "A" Pasteurized Milk Ordinance, ((2007)) 2011 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)) 2011 Revision((.

     •)), the Methods of Making Sanitation Ratings of Milk Shippers, ((2007)) 2011 Revision, United States Department of Health and Human Services Public Health Services/Food and Drug Administration((.

     •)), and the Evaluation of Milk Laboratories, ((2005)) 2011 Revision, United States Department of Health and Human Services Public Health Service/Food and Drug Administration can be obtained at: http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/MilkSafety/NationalConferenceonInterstateMilkShipmentsNCIMSModelDocuments/default.htm.

     (2) For information regarding the contents and application of these publications, contact the Food Safety and Consumer Services Division at the Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 or FSCS@agr.wa.gov.

[Statutory Authority: RCW 15.36.21 [15.36.021] and chapter 15.36 RCW. 08-24-073, § 16-101-731, filed 12/1/08, effective 1/1/09.]