Washington Administrative Code

(1) All appeals of civil penalties and orders issued by the department's dairy nutrient management program are filed with the pollution control hearings board at the environmental hearings office and are served on the department of agriculture under RCW 43.21B.230 and 43.21B.300,…

The model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge under RCW 34.05.250 are adopted for use by the department. In the case of a conflict between the model rules of procedure and procedural rules adopted in this chapter, the procedural ru…

(1) In matters involving an adjudicative proceeding, the director will designate the presiding officer. The presiding officer may be:(a) An administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW; or(b) The deputy direct…

Without affecting the department's discretion to otherwise consolidate adjudicative proceedings, the department may consolidate an emergency adjudicative proceeding with an adjudicative proceeding on the merits.[Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-022, file…

(1) A request for hearing (application for adjudicative proceeding) must be in writing and filed with the department during regular office hours at the address designated in the notice or instructions provided by the department.(2) A request for hearing is filed in a timely manne…

Before or after a hearing, parties to a proceeding may enter into discussions leading to a voluntary settlement of the subject matter of the proceeding. These conferences shall be informal and without prejudice to the rights of the parties, and no statement, admission, or offer o…

(1) Discovery in adjudicative proceedings other than as enumerated in WAC 16-08-061 through 16-08-121 may be permitted at the discretion of the presiding officer. In permitting such discovery, the presiding officer shall make reference to the civil rules of procedure.(2) The pres…

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding.[Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-061, filed …

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.[Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-071, filed 11/15/91, effective 12/16/91.]

Within the United States or within a territory or insular possession subject to the dominion of the United States depositions shall be taken before an officer authorized to administer oaths by the laws of the state of Washington or of the place where the examination is held; with…

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than five days in writing to the department of agriculture and all parties. The notice shall state the time and place for taking the deposition, the name and addre…

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the director or their designated presiding officer may make an order that the deposition shall…

Subject to rulings by the presiding officer upon objections, a deposition taken and filed as provided in this rule will not become a part of the record in the proceeding until received in evidence by the presiding officer upon his own motion or the motion of any party. Except by …

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington under RCW 5.56.010, which fees shall be tendered and paid by the party at whose instance the d…

(1) Any party to an adjudicative proceeding may file a petition for review of an initial order.(2) The petition for review shall be filed with the director within twenty days of the date of service of the initial order unless a different place and time limit for filing the petiti…

(1) If an adjudicative proceeding is requested in a matter not listed in this section, a brief adjudicative proceeding may be conducted at the discretion of the presiding officer when use of a brief adjudicative proceeding will not violate any provision of law and protection of t…

(1) A request for hearing (application for brief adjudicative proceeding) must be in writing and filed with the department during regular office hours at the address designated in the notice or instructions provided by the department. A party may request a brief adjudicative proc…

(1) Brief adjudicative proceedings shall be conducted by a presiding officer designated by the director in accordance with WAC 16-08-021.(2) The parties or their representatives may present written documentation in addition to the request for hearing. The presiding officer for br…

(1) The presiding officer for brief adjudicative proceedings shall not issue an oral order.(2) Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer shall enter a written initial order. The initial order will contain a brief…

(1) Any party may request orally or in writing a review of the initial order issued under WAC 16-08-145. A petition for review of an initial order shall contain a written explanation of the party's view of the matter and a statement of reasons why the initial order is incorrect. …

The agency record in a brief adjudicative proceeding shall consist of any documents relating to the matter that were considered or prepared by the presiding officer or by the reviewing officer for any review. The agency record shall include:(1) All initiating documents;(2) The re…

(1) Pursuant to RCW 34.05.479, the department shall use emergency adjudicative proceedings for the suspension or cancellation of authority in situations involving an immediate danger to the public health, safety, or welfare requiring immediate action by the department. Such situa…

(1) Upon application by any person or upon their own motion, the presiding officer or other official responsible for the original proceeding shall consider whether the conversion of a proceeding pursuant to RCW 34.05.070 should be made.(2) Commencement of the new proceeding shall…

Any documents filed with the director under provisions of the Administrative Procedure Act, chapter 34.05 RCW, Model rules of procedure, chapter 10-08 WAC, and this chapter, shall be filed with the Administrative Regulations Program, P.O. Box 42560, 1111 Washington St., S.E., Oly…

(1) With the exception of the portions identified in subsection (2) of this section, the department adopts the Grade "A" Pasteurized Milk Ordinance, 2023 Revision, United States Public Health Service/Food and Drug Administration, as additional Washington state standards for the p…

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 2023 Revision as Washington state procedures for the certification of interstate milk shippers.[…

The department adopts the Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers 2023 Revision, United States Health and Human Services Public Health Service/Fo…

The department adopts the Evaluation of Milk Laboratories 2023 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 cer…

(1) The Grade "A" Pasteurized Milk Ordinance, 2023 Revision, United States Public Health Service/Food and Drug Administration, the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk S…

(1) This rule is promulgated under authority of RCW 15.36.021(1) and 15.130.120 and applies to containers of raw milk intended for sale to consumers in the state of Washington.(2) The purpose is to inform consumers about possible harm that may occur from consuming raw milk that c…

(1) The director shall call for a degrade of a dairy farm operation of a producer or a Grade A milk processing plant operation for one or more repeat violations of chapter 15.36 RCW, or rules adopted thereunder, which are noted on consecutive inspections as provided in RCW 15.36.…

The length of a degrade of a dairy farm operation or a grade A milk processing plant operation shall be based on the total number of debit points awarded to repeat violations as provided in WAC 16-101X-030 or until the director determines the violations that caused the degrade ar…

(1) The debit point for each violation, as shown in the table below, is the same as the debit points awarded to dairy farms or milk processing plants during state surveys and federal check ratings as determined in the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" p…

A producer or processor subject to degrade action for repeat violations must apply on an application provided by the department to have their dairy farm or milk processing plant regraded. The application must be signed by the producer or processor and must state that all violatio…

The director may initiate revocation proceedings against a dairy producer or milk processor whenever that producer or processor has had their milk processing plant operation or dairy farm operation degraded for repeated violations and/or had his or her Grade A producer's license …

(This promulgation relates only to WAC 16-102-010, 16-102-020 and 16-102-030.)I, Donald W. Moos, director of agriculture of the state of Washington, after public notice and hearing held at Olympia, Washington on February 26, 1970 by virtue of authority vested in me under chapters…

Sampling, preserving and storage of samples shall be the same as for Babcock testing with the following exceptions.(1) Proportionate portions from each shipment of milk shall be added to the composite sample so that the completed composite sample will contain not less than 5 ounc…

The instrument shall be operated, maintained and cleaned in the manner specified by the manufacturer of the instrument, and each manufacturer of instruments for use in this method of testing milk for butterfat shall satisfy the director of agriculture that their instructions are …

(1) A bound record book shall be provided for all permanent records.(2) All calibration results and check tests for initial calibration or subsequent calibration shall be recorded in permanent record book.(3) All tests for checking accuracy of calibration shall be recorded in per…

(1) The assessment on all milk processed in this state shall be fifty-three and one-half hundredths of one cent per hundredweight.(2) All assessments shall be levied on the operator of the first milk plant receiving the milk for processing. This includes milk plants producing the…

Milk plant operators shall submit a report to the director on or before the twentieth day of each month with the preceding month's assessment. The report shall list the milk plant name and address, pounds of milk received at that plant including milk purchased or received from ot…

Any due and payable assessment not paid by the milk plant operator by the 20th of the succeeding month shall be considered a lien on any property owned by them. All delinquent assessments shall be filed as liens quarterly by the director with the county auditor of any county in w…

These rules are promulgated under the authority of RCW 15.32.110 as recodified by chapter 143, Laws of 1994. The purpose of these rules is to establish a renewal date for the annual milk processing plant license.[Statutory Authority: RCW 15.36.051. WSR 94-19-011, (Order 5055), § …

The licensing period for milk processing plants shall begin on July 1 and run through the following June 30. All annual milk processing plant licenses shall expire on June 30 of each year.[Statutory Authority: RCW 15.36.051. WSR 94-19-011, (Order 5055), § 16-103-020, filed 9/9/94…

(1) General. The Washington state standards for quality of individual shell eggs contained in this order are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.Interior egg quality specifications for these standards are based on the …

(1) Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains, or cage marks, if such specks, stains, or cage marks are not of sufficient number or intensit…

(1) Depth of the air cell (air space between shell membranes, normally in the large end of the egg). The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward.(2) Free air cell. An air cell that moves freely toward the uppermost poi…

(1) Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazae should not be confused with foreign bodies such as spots or blood clots.)(2) Firm (AA quality). A white that is sufficiently thick or viscous to prevent the yolk out…

(1) Outline slightly defined (AA quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.(2) Outline fairly well defined (A quality). A yolk outline that is discernible but not clearly outlined as the egg is tw…

(1) Loss. An egg that is inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.(2) Inedible eggs. Eggs of the following descriptions are classed as inedible: Black rots, yellow rots, white rot…