CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 52-Z 
4. Will not result in any nondiscretionary costs or 
savings to  local agencies. 
5. Will not result in any costs or savings in federal 
funding to  the state. 
6. Will not have any potential cost impact on private 
persons, businesses or small businesses. 
All inquiries concerning this proposed amendment 
and any communication required by this notice should 
be directed to: Dorothy Bacskai Egel, Senior Attorney, 
State Personnel Board, 801 Capitol Mall, Sacramento, California 95814; (916) 653−1403; Dorothy.Egel@ spb.ca.gov. 
TITLE 4. DEPARTMENT OF 
FOOD AND AGRICULTURE 
Fireplace and Stove Wood 
The California Department of Food and Agriculture 
(Department) proposes to amend California Code of Regulations (CCR) Title 4, sections 4530 through 4536.2, inclusive, relating to the method of sale and test 
procedures for stacked and packaged natural firewood 
(fireplace and stove wood), manufactured wood (artifi-
cial compressed or processed logs), stove wood pellets 
or chips, and wood flavoring chips. 
PUBLIC HEARING 
A public hearing is not scheduled. A public hearing 
will be held if any interested person or his or her duly authorized representative submits to the Department a written request for a public hearing no later than 15 days 
prior to  the close of the public comment period. Address 
the written request for a public hearing to the primary contact person below. 
WRITTEN COMMENT PERIOD 
Any interested person or his or her authorized repre-
sentative may submit to the Department written com-ments relevant to the proposed regulatory action by email, fax, or mail addressed to the primary contact per-
son listed below. Please include ‘Firewood Regulation’ 
in the subject line of any email, fax, or letter regarding 
this rulemaking. The public comment period begins on 
December 27, 2019, and closes at 5:00 p.m. on Febru-ary 11, 2020. AUTHORITY/REFERENCE 
The Legislature has char ged the Department in Busi-
ness and Professions Code (BPC) Division 5, section 12100 with the responsibility of supervising weights and measures activities in California. The secretary of 
the Department is granted authority in BPC section 
12027 to adopt such regulations as are reasonably nec-
essary to  carry out the provisions of Division 5. The De-
partment’s authority to promulgate this regulation is 
granted in BPC section 12024.11 mandating the secre-
tary to ad opt necessary rules and regulations pertaining 
to the sale or advertisement of firewood products, and to 
standardize quantities of measurement of these com-
modities. Authority is also provided in BPC section 12211 and CCR section 4600, requiring the secretary to 
adopt and incorporate by reference the package check-
ing procedures in the current edition of the National In-
stitute of Standards and T echnology (NIST) Handbook 
133, Checking the Net Contents of Packaged Goods 
(NIST  Handbook 133), “Chapter 3. Test Procedures — 
For Packages Labeled by V olume, Section 3.14. Firewood — V olumetric Test Procedure for Packaged Firewood with a Labeled V olume of 113 L [4 cubic feet] 
or Less and Stacked Firewood Sold by the Cord or Frac-tions of a  Cord.” 
INFORMATIVE DIGEST/POLICY STATEMENT 
OVERVIEW 
Method of  Sale Requir ements 
With this rulemaking, the Department proposes to 
standardize and make consistent the state’s method of sale, advertising, and labeling requirements for pack-
aged and non−packaged firewood in CCR sections 
4530−4534 with the national uniform model standard 
for fireplace and stove wood. The Department refer-
ences the 2019 edition of NIST Handbook 130, Uni-
form Laws and Regulations in the Areas of Legal 
Metrology and Fuel Quality  (NIST Handbook 130), 
“IV. Uniform Regulations, Section B. Uniform Regula-
tion for the Method of Sale of Commodities, Section 2. 
Non−Food Products, Section 2.4. Fireplace and Stove 
Wood.,” inclusive, for the method of sale, advertising, 
and labeling requirements of stacked and packaged nat-
ural  firewood, artificial compressed or  processed wood, 
stove wood pellets or chips, and wood flavoring chips. Current California regulation in CCR section 4531 re-
quires firewood products to be sold by the cord, fraction 
of a cord, or percentage of a cord; with some exceptions. 
For example, CCR section 4531(a) requires natural firewood packaged in quantities less than one−eighth 
cord to be sold in terms of a cubic foot or fraction of a 
cubic foot, yet it does not include a requirement for declaring the packaged quantity in terms of a liter or fraction of a  liter. 
1701 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 52-Z 
In 2016, the National Conference on Weights and 
Measures (NCWM) changed NIST Handbook 130 re-
quirements for the method of sale of natural firewood 
and wood flavoring chips packaged in quantities less 
than one−eighth cord to be advertised and sold in terms 
of a liter or fraction of a liter, and permissively to in-clude a  declaration of quantity in terms of a cubic foot or 
fraction  of a cubic foot. This change created significant 
conflict between the national uniform model standard 
and California’s regulation. The Department proposes 
to remove current California regulation and adopt and 
incorporate by reference the 2019 edition of NIST 
Handbook 130 for the method of sale of firewood. Do-
ing so will align California’s method of sale, advertis-
ing, and labeling requirements with the rest of the U.S. 
Volumetric Sampling and Test Pr ocedures 
In 1991, the Department was ordered by the Califor-
nia Superior Court to adopt necessary rules and regula-tions pertaining to the  sale or advertisement of firewood 
products,  and to standardize quantities of measurement 
of those commodities. Concurrently and unrelated, the Department was in the process of ad opting in regulation 
all requirements in NIST Handbook 133 in CCR section 4600. However, at that time, NIST Handbook 133 did 
not include a national uniform model standard for volu-
metric sampling and test procedures for stacked and 
packaged firewood. To fulfill the court order, in 1996, 
the Department cooperatively worked with the fire-
wood industry to draft volumetric sampling and test 
procedures for stacked and packaged natural firewood. 
The Department adopted that regulation in CCR sec-
tions 4535−4536.2, inclusive. Two years later, Califor-
nia’s regulation was presented to NCWM to be consid-
ered for adoption in NIST Handbook 133. It was adopt-
ed that year and published in the 1999 edition of NIST 
Handbook 133. Pursuant to CCR section 4600, the De-
partment already adopts the current edition of NIST 
Handbook 133, so when NCWM changed the national 
uniform model standard for firewood test procedures, it 
inadvertently allowed for duplication and conflict of the 
test procedures in CCR sections 4534−4536.2, inclu-
sive. Being that they were identical at the time, there 
wasn’t a real concern to correct the duplication. Subse-
quently, NCWM has modified the sampling and test 
procedures for firewood in NIST Handbook 133 caus-
ing the national uniform model standard adopted in 
CCR section 4600 to be slightly different than the test 
procedures in  CCR sections 4534−4536.2, inclusive. 
Consequently, by  complying with one they are in vio-
lation of the other, and vise versa. Several counties have 
expressed confusion whether to  follow the latest proce-
dures published in NIST Handbook 133, pursuant to BPC section 12221 and CCR section 4600, or those 
adopted in  CCR sections 4535−4536.2, inclusive. Some weights and measures of ficials throughout the state are 
susceptible to  misinterpreting and inconsistently apply-
ing the dissimilar regulations compared to their coun-
terparts elsewhere in the state. The firewood industry 
may not be uniformly regulated throughout the state as a 
result of  the dif ferences with the two regulations. To  re-
solve the regulatory conflict and remove the confusion, 
the Department proposes to repeal CCR sections 
4535−4536.2, inclusive. Repealing these sections and 
deferring to the national uniform model standard pub-
lished in  the current edition of NIST Handbook 133 will 
harmonize California regulation with other states. 
Anticipated Benefits of the Proposed Regulation 
The proposed regulation standardizes the unit of 
measure on the labels and packages of firewood prod-ucts nationwide. Weights and measures officials in Cal-
ifornia  will have clear test procedures that are identical 
to those applied throughout the state and in other states 
that adopt NIST Handbook 133. 
The packaged natural firewood industry in California 
will benefit from the proposed regulation by complying 
with the method of sale requirements adopted in NIST Handbook 130. The fireplace and stove wood industies 
can confidently sell firewood products both in Califor-
nia and across the country using the same advertising 
and package labeling. This proposed regulation also re-
moves confusion and conflict with differing require-ments in  the national uniform model standard and Cali-
fornia regulation. Following NIST Handbook 133 re-
garding sampling and test procedures for firewood pro-
vides the firewood industry and state and county offi-
cials with uniform procedures to apply nationwide. 
The proposed regulation strengthens consumer con-
fidence and improves the marketplace. Harmonization with the national uniform model standard provides con-
sumers a similar basis of value comparison by having the same unit of measure declared on package labeling. 
The Department believes this will lead to greater con-
sumer satisfaction and maintain demand for stacked and packaged natural firewood, artificial compressed or 
processed logs, stove wood pellets or chips, and wood 
flavoring chips. 
The Department determines there will be no signifi-
cant benefit to the health and welfare of California resi-
dents, worker safety, and the state’s environment due to the adoption of this regulation. 
Consistency and Compatibility with Existing State and 
Federal Regulations 
The Department has determined that this proposed 
regulation harmonizes method of sale, advertising, and 
labeling requirements, and removes existing inconsis-
tencies and dissimilarities of firewood test procedures in the California Code of Regulations. The Department is the only state agency with the authority to regulate 
1702 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 52-Z 
firewood and stove wood sold in California. The De-
partment determines that there are no other regulations 
regarding the method of sale, advertising, and labeling 
requirements, or sampling and test procedures of fire-wood and stove wood than those referenced above. 
The proposed changes to this regulation do not con-
flict  with any federal regulations contained in the Code 
of Federal Regulations. The Department is not aware of any Federal laws or regulations relating to the advertis-
ing and testing of firewood and stove wood products, 
and this rulemaking is not mandated by federal law or regulation. 
DOCUMENTS ADOPTED AND 
INCORPORATED BY REFERENCE 
The following documents are adopted and incorpo-
rated by  reference in this proposed regulation: 
The 2019 edition of NIST Handbook 130, Uniform 
Laws and Regulations in the Areas of Legal Metrology and Fuel Quality (NIST Handbook 130), “IV . Uniform Regulations, Section B. Uniform Regulation for the 
Method of Sale of Commodities, Section 2. Non−Food 
Products, Section 2.4. Fireplace and Stove Wood.,” 
inclusive. 
The current edition of NIST Handbook 133, Check-
ing the Net Contents of Packaged Goods, “Chapter 3. Test Procedures — For Packages Labeled by V olume, Section 3.14. Firewood — V olumetric Test Procedure 
for Packaged Firewood with a Labeled V olume of 113  L 
[4 cubic feet] or Less and Stacked Firewood Sold by the 
Cord or  Fractions of a Cord.” is already adopted and in-
corporated by  reference in CCR section 4600. 
LOCAL MANDATE, FISCAL IMPACT, AND 
HOUSING COSTS 
The Department determines that because the pro-
posed regulation only makes technical changes by mod-
ifying the state’s method of sale, advertising, and label-
ing requirements, and the sampling and test procedures, 
it: 
1. Does not impose a mandate on local agencies or 
school districts; 
2. Does not incur costs to any local agency or school 
district requiring reimbursement pursuant to 
Government Code sections 17500 et seq.; 
3. Does not incur costs or savings to any state agency; 
4. Does not incur other non−discretionary costs or 
savings  imposed on local agencies; 
5. Does not incur costs or savings in federal funding 
to the state; and 6. Does not have a significant effect on housing 
costs. 
STATEWIDE ADVERSE ECONOMIC IMPACT 
This proposed regulation will have a nominal impact 
on small and large businesses. However, the Depart-
ment initially determines that impact is not a signifi-cant, statewide adverse economic impact directly af-
fecting California businesses, large or small, including 
the ability of California businesses to compete with businesses in other states. The costs incurred are nominal. 
RESULTS OF ECONOMIC 
IMPACT ASSESSMENT 
The Department determines that because the pro-
posed regulation only makes technical changes by mod-
ifying the state’s method of sale, advertising, and label-
ing requirements, and the sampling and test procedures, 
it: 
1. Does not create or eliminate jobs in California; 
2. May create new businesses in California that have 
not previously done business in California because 
of  differences with California’s current regulation 
compared to the national uniform model 
standards. The proposed regulation will not eliminate existing businesses in California; and 
3. May allow for the expansion of businesses in 
California, to do business in other states that have 
also adopted firewood requirements in NIST Handbooks 130 and 133. 
Other Anticipated Benefits of this Regulation 
In addition to the anticipated benefits mentioned 
above, the Department determines there will be no other 
significant benefits to the health and welfare of Califor-
nia residents, worker safety , and the state’s  environment 
due to the adoption of this regulation. 
COST IMPACTS ON REPRESENTATIVE 
PRIV ATE PERSON OR BUSINESS, INCLUDING 
SMALL BUSINESSES 
The Department is aware of nominal costs imposed 
on large and small businesses to comply with the 
method of sale requirements of this proposed regula-
tion. In compliance with current state regulation, many 
firewood  businesses in California, large and small, sell 
firewood packaged in quantities less than one−eighth 
cord in terms of a cubic foot or fraction of a cubic foot, 
and not in terms of a liter or fraction of a liter. Large and 
small businesses that do not already advertise in terms of a liter or fraction of a liter will have to modify their la-
1703 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 52-Z 
beling and advertising to sell packaged quantities in 
terms of a  liter or fraction of a liter. The Department de-
termines that at nominal cost the firewood industry can 
easily switch from selling firewood in terms of a cubic 
foot or  fraction of a cubic foot to terms of a liter of frac-
tion of a  liter. 
There will not be a direct economic impact to any 
California  business, large or small, due to the proposed 
changes to the firewood sampling and test procedures. 
The Department is not aware of any direct or indirect economic impact to private persons because of this pro-
posed regulation. The Department believes the retail 
price of fireplace and stove wood will not be directly 
affected. 
REPORTING REQUIREMENTS 
This p roposed regulation does not mandate reporting 
requirements. 
CONSIDERATION OF ALTERNATIVES 
Government Code section 11346.5(a)(13) requires 
that the Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef-
fective in carrying out the purpose for which the action 
is proposed, would be as effective and less burdensome 
to affected private persons than the proposed action, or 
would be more cost−effective to affected private per-
sons and equally effective in implementing the statuto-
ry policy or other provision of law. 
The Department invites interested persons to present 
statements or arguments with respect to alternatives to 
the proposed regulation during the written comment 
period. 
CONTACT INFORMATION 
Primary and Secondary Contacts: 
Samuel Ferris, Senior Environmental 
Scientist (Specialist) 
Kevin Schnepp, Environmental Program 
Manager I 
California Department of Food and Agriculture Division of Measurement Standards 6790 Florin Perkins Road, Suite 100 
Sacramento, CA 95828−1812 
Main: (916) 229−3000 Fax: (916) 229−3055 Email: dms@cdfa.ca.gov A V AILABILITY OF INITIAL STATEMENT OF 
REASONS, TEXT OF PROPOSED 
REGULATIONS, AND RULEMAKING FILE 
The Department will have the entire rulemaking file 
available for inspection and copying throughout the rulemaking process at the above address. As of the date 
this notice is published in the California Regulatory No-
tice Register, the rulemaking file consists of  this notice, 
the proposed text of the regulation, the Initial Statement 
of Reasons, and all supporting documents and informa-tion relied upon in the development of this proposed 
regulation. Please submit a request to the address above 
to receive a copy of the rulemaking file. 
A V AILABILITY OF CHANGED OR 
MODIFIED TEXT 
After receiving and considering all timely and rele-
vant comments, the Department may adopt the pro-posed regulation substantially as described in this no-
tice. If, however, the Department makes modifications which are suf ficiently related to the originally proposed 
text, it  will make the modified text (with changes clear-
ly indicated) available to the public for at least 15 days before the Department adopts the modified regulation. Please submit a request to the above address for a copy 
of the modified text of the regulation. Include ‘Fire-
wood Regulation’ in the subject line of any email, fax, or letter regarding this rulemaking. 
A V AILABILITY OF THE FINAL 
STATEMENT OF REASONS 
Upon its completion, a copy of the Final Statement of 
Reasons  may be obtained by submitting a request to the 
above address. 
A V AILABILITY OF 
DOCUMENTS ON THE INTERNET 
The Department posts electronic copies of this rule-
making file on its website at: www.cdfa.ca.gov/dms/ 
regulations.html 
TITLE 14. DIVISION OF 
BOATING AND WATERWAYS 
Division of Boating and Waterways  (“Division”) 
proposes to  amend the Quagga and Zebra Mussel Infes-
tation Prevention Program (“QZ Program”) regulations 
after considering all comments, objections, and recom-mendations regarding the proposed action. 
PUBLIC HEARING 
The Division has not scheduled a public hearing on 
this proposed action. However,  the Division will hold a 
1704