reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-170 - Special permits for slaughtering poultry › Section 16-170-175 - Requirements for the chilling and storing of slaughtered poultry

Current through Register Vol. 24-14, July 15, 2024
(1) All slaughtered
				poultry must be chilled to a temperature at or below forty-five degrees
				Fahrenheit within four hours of slaughter unless the customer takes possession
				of the slaughtered poultry during this time.
(2) Chilling poultry may be accomplished
				through the use of mechanical refrigeration, an ice chest using ice from an
				approved source (see WAC
				16-170-155
				), or by being immersed in cold running water.
(3) A temperature control (TC) must be used
				to monitor slaughter cool down temperature by inserting a calibrated
				thermometer into the thickest portion of the first slaughtered poultry carcass
				and monitoring the temperature to ensure proper chilling at or below forty-five
				degrees Fahrenheit within four hours of slaughter.
(4)
(a)
				Slaughtered poultry can be stored for up to forty-eight hours before they are
				sold.
(b) During their storage
				period, poultry carcass temperatures must be kept at or less than forty-five
				degrees Fahrenheit by mechanical refrigeration equipped with a thermometer or
				by maintaining the carcasses in a properly designed storage container with the
				use of a temperature control (TC) as outlined in subsection (3) of this
				section.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-170 - Special permits for slaughtering poultry › Section 16-170-180 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) At
				a minimum, the following records must be kept at the special permit holder's
				farm:
(a) A record of the poultry slaughter
				dates;
(b) The number of poultry by
				species slaughtered on each slaughter date and the cumulative total of poultry
				by species slaughtered;
(c) The
				temperature control log monitoring proper poultry slaughter cool down and
				storage; and
(d) The water testing
				records if required by WAC
				16-170-155.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-171 - Hemp extract certification › Section 16-171-100 - Hemp extract certification-Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to:
(1) Establish requirements for new hemp
				extract certification applications and renewals.
(2) Establish an inspection criteria and a
				rating system that will be used to determine whether a hemp extract
				certification applicant is in compliance with chapters 69.07 and 15.130 RCW,
				and regulations adopted thereunder, including Title 21 C.F.R.
(3) Identify steps leading to enforcement
				actions by the department.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-171 - Hemp extract certification › Section 16-171-120 - Hemp extract facility certification-New application and renewals-Inspection criteria

Current through Register Vol. 24-14, July 15, 2024
To qualify for a new hemp extract certification issued under
				  chapter 69.07 RCW, the Washington Food Processing Act, a hemp processor must
				  first make an application to the department. After the department receives a
				  complete application, the department will inspect the facility. The facility
				  must be in compliance with the following requirements prior to issuance of a
				  certification:
(1) The applicant must
				submit an application that includes:
(a) The
				full name of the applicant and the location of the hemp extraction facility
				where the applicant intends to operate, and if the applicant is an entity, the
				full name of each officer, managing member, or other responsible
				individuals;
(b) The principal
				business address of the applicant in the state and elsewhere and the name of a
				person domiciled in this state authorized to receive and accept service of
				summons of legal notices of all kinds for the applicant; and
(c) The type of hemp extracts to be
				processed, the method of manufacturing, and any other necessary information to
				make an evaluation.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-171 - Hemp extract certification › Section 16-171-130 - Hemp extract certification-Inspection criteria definitions

Current through Register Vol. 24-14, July 15, 2024
This section provides definitions for certain criteria the
				  department will use when conducting inspections to determine if a hemp extract
				  facility complies with inspection criteria and good manufacturing practices for
				  hemp extract certification. The complete set of inspection criteria is set
				  forth in WAC 16-171-140.
(1)
"Clean and adequate protective clothing and hair restraints"
means
				the clothing, or the outside layer of clothing, which can occasionally or
				incidentally contact hemp extract, either directly or indirectly, is:
(a) Clean at the start of the work shift;
				and
(b) Changed when the clothing
				becomes so soiled during the course of the work shift that contamination of
				hemp extract, hemp extract packaging or hemp extract contact surfaces becomes
				imminent; and
(c) Suitable to the
				specific hemp extract manufacturing operation for protection against the
				contamination of hemp extract, hemp extract packaging, and hemp extract contact
				surfaces; and
(d) Clean and
				effective hair restraints, such as hairnets, or beard nets if appropriate, are
				worn for the protection of hemp extract from contamination. Hats, caps, scarves
				or other head cover are acceptable if the hair is properly contained to protect
				hemp extract from contamination. Hair spray and/or tying back the hair in
				pony-tails, etc., are not considered effective hair restraints.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-171 - Hemp extract certification › Section 16-171-150 - Hemp extract facility inspection rating system- Inspection score

Current through Register Vol. 24-14, July 15, 2024
(1) A hemp extract
				facility is evaluated at the completion of an inspection conducted by the
				department as follows:
(a) A hemp extract
				facility will be debited the point value assigned to the inspection item listed
				in WAC 16-171-140 for each violation found during an inspection.
(b) The maximum point value possible is
				100.
(c) The sum of the points
				debited for an inspection are subtracted from the maximum point value of 100.
				The remaining sum is the facility's score for that inspection.
(d) When the department identifies a critical
				violation during inspection of a hemp extract facility a failing score of
				"critical" will be listed unless the violation is satisfactorily corrected
				during the inspection.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › DAIRY, FOOD AND EGGS › Chapter 16-171 - Hemp extract certification › Section 16-171-160 - Hemp extract facilities-Basis for enforcement action

Current through Register Vol. 24-14, July 15, 2024
(1) The department may issue a notice of
				correction for:
(a) Hemp extract facilities
				that score less than 90 points on an inspection; or
(b) Critical violations found during an
				inspection of a hemp extract facility.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-600 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The following sections concerning the protection of
				  groundwater, labeling requirements and examination of fertilizer minerals and
				  limes (WAC
				  16-200-708 through 16-200-742 )
				  are established in this chapter under the authority of the Commercial
				  Fertilizer Act,
				  chapter
				  15.54 RCW.
This chapter also describes the requirements for registration
				  of commercial fertilizers, including the information which must be submitted as
				  part of the registration application, the sample preparation and analysis
				  methods which must be used, the maximum application rates the department will
				  use to determine whether a commercial fertilizer may be registered, the
				  Washington standards for metals (in pounds per acre per year), and the acts
				  which are unlawful under this chapter.
Statutory Authority:
					 RCW
					 15.54.270(4) and
					 15.54.800. 00-19-058, §
					 16-200-600, filed 9/18/00, effective
					 10/19/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-701 - What products are exempt from the definition of commercial fertilizer?

Current through Register Vol. 24-14, July 15, 2024
In addition to unmanipulated animal and vegetable manures and
				  organic waste-derived materials, the following materials are exempt from the
				  definition of commercial fertilizer:
(1) Unpackaged biosolids if they comply with
				biosolids regulation under chapter 173-308 WAC, and they do not use the term
				"fertilizer" in the labeling of the biosolids, except to disclaim them as
				commercial fertilizer;
(2) Packaged
				biosolids if they do not meet the definition for commercial fertilizer, do not
				use the term "fertilizer" in the labeling of the biosolids, except to disclaim
				them as commercial fertilizer, and comply with biosolids regulation under
				chapter 173-308 WAC.
Statutory Authority:
					 RCW
					 15.54.270(4) and
					 15.54.800. 00-19-058, §
					 16-200-701, filed 9/18/00, effective
					 10/19/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-703 - How are biosolids regulated under the Commercial Fertilizer Act?

Current through Register Vol. 24-14, July 15, 2024
(1) Unpackaged
				biosolids and packaged biosolids that do not meet the definition for commercial
				fertilizer must include a legible and conspicuous disclaimer on their labeling.
				The disclaimer must specifically state that the product is not a commercial
				fertilizer, and that any nutrient claims are estimates or averages and are not
				guaranteed.
(2) Packaged biosolids
				that meet the definition for commercial fertilizer must be registered as
				commercial fertilizer.
Statutory Authority:
					 RCW
					 15.54.270(4) and
					 15.54.800. 00-19-058, §
					 16-200-703, filed 9/18/00, effective
					 10/19/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7061 - What information must I include with my registration application concerning total metals and application rates?

Current through Register Vol. 24-14, July 15, 2024
(1) You are required to submit the following
				metals information with your registration application:
(a) Total concentration of each metal in each
				commercial fertilizer reported in parts per million (PPM) which is equivalent
				to milligrams of metal per kilogram of fertilizer (mg/kg), or micrograms per
				gram;
(b) Copy of the laboratory
				report on total metals analysis;
(c) Method of analysis;
(d) Method of sample preparation;
				and
(e) Minimum detection limits
				for each method used.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7062 - What method must I use to analyze the total metals contained in my commercial fertilizer?

Current through Register Vol. 24-14, July 15, 2024
(1)
				You must prepare your sample of commercial fertilizer using U.S. Environmental
				Protection Agency ("EPA") sample preparation method 3050B (except when
				preparing a sample for analysis of mercury*). You must analyze your commercial
				fertilizer for the total concentration of each of the following nine metals in
				each commercial fertilizer using one or more of the EPA analysis methods listed
				in Table 1. All methods are described in EPA's SW-846, Third Edition.
Table 1. Acceptable Sample Preparation and Analysis
				  Methods for Total Metals
Metal
Inductively Coupled Plasma
								(ICP)
Atomic Absorption
Inductively Coupled Plasma Mass Spectroscopy
								(ICP/MS)
Arsenic (As)
6010, 6010A, 6010B
7060A, 7061A
6020
Cadmium (Cd)
6010, 6010A, 6010B
7131A
6020
Cobalt (Co)
6010, 6010A, 6010B
7201
6020
Lead (Pb)
6010, 6010A, 6010B
7420, 7421
6020
Molybdenum (Mo)
6010, 6010A, 6010B
7480
6020
Nickel (Ni)
6010, 6010A, 6010B
7520, 7521
6020
Selenium (Se)
6010, 6010A, 6010B
7740, 7741A
6020
Zinc (Zn)
6010, 6010A, 6010B
7951
6020
Mercury (Hg)
7470A*, 7471A*
Sample Preparation
3050B
3050B
3050B
Copies of SW-846 Third Edition and all associated updates are
				  available from: The Government Printing Office, Superintendent of Documents,
				  Washington, DC 20402, (202) 512-1800, and from the Department of Commerce,
				  National Technical Information Center, 5285 Port Royal Road, Springfield, VA
				  22161, (703) 487-4650 or 800-553-NTIS.
*Since sample preparation method 3050B cannot provide for an
				  analysis of mercury, when you prepare a sample for analysis of mercury you must
				  use the sample preparation method established for analysis method 7470A when
				  using method 7470A to analyze your sample and the sample preparation method
				  established for analysis method 7471A when using method 7471A to analyze your
				  product.
(2) Other sample
				preparation and analysis methods for total concentration of each metal in each
				commercial fertilizer may be used only under the following conditions:
(a) You must submit a request to the
				department, in writing, detailing the sample preparation and analysis methods,
				minimum detection limits and quality assurance, quality control documentation
				and a side-by-side comparison of the analysis results from the alternative
				method to one of the approved methods' analysis results of the same material;
				and
(b) The department, after
				reviewing the request, may approve the sample preparation or analysis method
				only if the capability of the method meets or exceeds the sensitivity and
				accuracy of the applicable method listed in the Table 1.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7063 - How will the department determine whether a commercial fertilizer meets Washington standards for metals?

Current through Register Vol. 24-14, July 15, 2024
(1) To determine whether a commercial
				fertilizer meets Washington standards for metals, the department will use the
				following formula:
Pounds of product applied per acre per year X
				  metal content of product (ppm)
1,000,000
The number used for pounds of product applied per acre per
				  year will be the maximum application rate allowed by the commercial fertilizer
				  label. If specific label directions for use are not available, the department
				  will use the Washington application rates listed in subsection (2) of this
				  section, divided by four.
(2) Using
				normal agronomic rates that are representative of soil, crop rotation, and
				climatic conditions in Washington state, the department developed the following
				Washington application rates:
Nutrient
4 Yr. Cumulative Total
								(lbs./acre)
Nitrogen (N)
1600
Phosphorous (as P2O5)
700
Potassium (as K2O)
1600
Boron (B)
12
Calcium (Ca)
800
Chlorine (Cl)
300
Copper (Cu)
10
Iron (Fe)
80
Magnesium (Mg)
400
Manganese (Mn)
40
Molybdenum (Mo)
4
Sulfur (S)
400
Zinc (Zn)
30
Lime (CaCO3 equivalent)
20,000
Gypsum (CaSO4)
16,000
(3)
				To ensure that the maximum acceptable cumulative metals additions to soil are
				not exceeded, the department will assume the commercial fertilizer will be
				applied at the maximum rate as stated on the label or established in this
				rule.
Statutory Authority:
					 Chapter
					 15.54 RCW. 99-02-035,
					 § 16-200-7063, filed 12/30/98, effective
					 1/30/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7064 - What are the Washington standards for metals?

Current through Register Vol. 24-14, July 15, 2024
(1) The standards for metals in Washington
				are the maximum acceptable annual metals additions to soils adopted in
				RCW
				15.54.800 and are presented in Table 2.
				Because the Canadian standards contained in the Canadian Trade Memorandum
				T-4-93 dated August 1996 are based on long-term (forty-five-year) cumulative
				metals additions to soils, the maximum acceptable annual metals additions to
				soils are determined by dividing the Canadian standards by forty-five. The
				Washington standards are expressed as pounds per acre per year.
Table 2. Washington Standards For Metals.
Metals
Lbs./acre/yr
.
Arsenic (As)
.297
Cadmium (Cd)
.079
Cobalt (Co)
.594
Mercury (Hg)
.019
Molybdenum (Mo)
.079
Nickel (Ni)
.713
Lead (Pb)
1.981
Selenium (Se)
.055
Zinc (Zn)
7.329
(2)
				To be registered with the department and distributed in Washington, a
				commercial fertilizer must not exceed the above standards. Because cobalt (Co),
				molybdenum (Mo), and zinc (Zn) are also plant nutrients, higher concentrations
				than those presented in the table may be permitted. Commercial fertilizers
				which contain cobalt (Co), molybdenum (Mo), and/or zinc (Zn) concentrations may
				be registered and distributed in Washington if those metals are used as plant
				nutrients and those metals meet all applicable minimum guarantees and labeling
				requirements of
				chapter
				15.54 RCW and the rules
				adopted thereunder.
(3) If a
				commercial fertilizer contains cobalt (Co), molybdenum (Mo), or zinc (Zn) and
				any one or more of those metals are not intended to be used as a plant
				nutrient, then the nonplant nutrient metals must meet the Standards shown in
				Table 2.
Statutory Authority:
					 Chapter
					 15.54 RCW. 99-02-035,
					 § 16-200-7064, filed 12/30/98, effective
					 1/30/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-708 - Unlawful acts

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be
				unlawful for any person to refuse or neglect to comply with the provisions of
				the applicable sections of
				chapter
				15.54 RCW, the rules
				adopted thereunder, or any lawful order of the department.
(2) It is unlawful to distribute a commercial
				fertilizer in Washington that exceeds the standards for nonnutritive substances
				established in
				RCW
				15.54.800(3). The department
				will determine if a commercial fertilizer exceeds the standards by using the
				maximum application rates and by either:
(a)
				Comparing data submitted by the registrant to the standards established in WAC
				16-200-7064; or
(b) Comparing the results of the analysis of
				an official sample to the standards established in WAC
				16-200-7064. Official samples will
				be analyzed by the methods set forth in these rules.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-711 - Plant nutrients in addition to nitrogen, phosphorus and potassium

Current through Register Vol. 24-14, July 15, 2024
(1) Plant
				nutrients, other than nitrogen, phosphorus and potassium, when mentioned in any
				form or manner shall be registered and shall be guaranteed on the label.
				Guarantees shall be made on the elemental basis. Sources of the elements
				guaranteed shall be shown on the label. Proof of availability shall be provided
				the director upon request. Except guarantees for those water soluble nutrients
				labeled solely for hydroponic or continuous liquid feed programs, the minimum
				percentages which will be accepted for registration are as follows:
Element
%
Calcium (Ca)
1.0000
Magnesium (Mg)
0.5000
Sulfur (S)
1.0000
Boron (B)
0.0200
Chlorine (Cl)
0.1000
Cobalt (Co)
0.0005
Copper (Cu)
0.0500
Iron (Fe)
0.1000
Manganese (Mn)
0.0500
Molybdenum (Mo)
0.0005
Sodium (Na)
0.1000
Zinc (Zn)
0.0500
(2)
				Guarantees or claims for the plant nutrients listed in subsection (1) of this
				section are the only ones which shall be accepted by the department. Proposed
				labels and directions for the use of the fertilizer shall be furnished to the
				department with the application for registration upon request. Any of the above
				listed elements which are guaranteed shall appear in the order listed
				immediately following guarantees for the primary nutrients of nitrogen,
				phosphorus and potassium.
(3) A
				warning or caution statement may be required on the label for any commercial
				fertilizer containing more than 0.1% boron or more than 0.001% molybdenum. The
				following are examples of possible warning or caution statements:
(a) Boron:
(i) This fertilizer contains boron which may
				be injurious to certain crops. Contact your local county agent or field
				consultant for specific information.
(ii) WARNING: This fertilizer carries added
				borax and is intended for use only on alfalfa. Its use on any other crops or
				under conditions other than those recommended may result in serious injury to
				the crops.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-721 - Slowly released plant nutrients

Current through Register Vol. 24-14, July 15, 2024
(1) No fertilizer label shall bear a
				statement that connotes or implies that certain plant nutrients contained in a
				fertilizer are released slowly over a period of time, unless the nutrient or
				nutrients are identified and guaranteed.
(2) Types of products with slow release
				properties recognized are:
(a) Water
				insoluble (nitrogen products only), such as natural organics, ureaform
				materials, urea-formaldehyde products, IBDU, oxamide, etc.;
(b) Coated slow release, such as sulfur
				coated urea and other encapsulated soluble fertilizers;
(c) Occluded slow release, where fertilizers
				or fertilizer materials are mixed with waxes, resins, or other inert materials
				and formed into particles; and
(d)
				Products containing water soluble nitrogen such as ureaform materials,
				urea-formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU),
				dicyanodianide (DCD), etc.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-725 - Commercial fertilizer definitions

Current through Register Vol. 24-14, July 15, 2024
Except as the director designates otherwise in specific
				  cases, the names and definitions for commercial fertilizers shall be those
				  adopted by the Association of American Plant Food Control
				  Officials.
Statutory Authority:
					 Chapter
					 15.54 RCW. 87-19-097
					 (Order 1952), § 16-200-725, filed
					 9/17/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-731 - Commercial value of plant nutrients

Current through Register Vol. 24-14, July 15, 2024
The commercial values used in assessing penalties for plant
				  nutrient deficiencies are as follows:
(1)
Fertilizer Materials
Commercial
Value
($/Unit)
N
P205
K20
Urea
4.20
Ammonium Nitrate
(33.5% -34% N)
4.75
Ammonium Sulfate
3.27
Ammonium Phosphate:
16-20-0
18-46-0
11-52-0
11-55-0
5.61
4.81
4.68
4.63
5.61
4.81
4.68
4.63
Triple Superphosphate
(45%-46%
								P205)
5.25
Muriate of Potash
(60%-62% K20)
2.17
Potassium Sulfate
(50%-53% K20)
6.64
Sulfate of Potash-Magnesia
8.20
Anhydrous Ammonia
(82% N)
3.00
Urea ammonium nitrate (32-0-0)
4.62
Aqua Ammonia (20-0-0)
3.00
Ammonium Thiosulfate (12-0-0)
5.00
Ammonium Polyphosphate (10-34-0)
6.00
6.10
If the commercial value of any of the fertilizer materials
				  listed above varies by more than 10% of the actual invoice value of the lot
				  sampled, the registrant may request that the invoice be used in determining the
				  commercial value of the fertilizer. The request must be accompanied by a copy
				  of the invoice.
(2)
Relative values for macronutrients:
Commercial
Value
($/Unit)
N
P205
K20
Dry blend nonspecialty fertilizer (not listed in
								(1) above)
4.48
5.16
2.74
Liquid blend nonspecialty fertilizer (not listed in
								(1) above)
3.93
5.96
2.74
Dry blend specialty fertilizer
18.96
18.96
18.96
Liquid blend specialty fertilizer
18.96
18.96
18.96
(3) Values used
				for determining and assessing penalties for secondary and minor plant nutrients
				shall be determined from the sales invoice.
Statutory Authority:
					 Chapter
					 15.54 RCW. 87-19-097
					 (Order 1952), § 16-200-731, filed
					 9/17/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-735 - Breakdown of plant food elements within the guaranteed analysis

Current through Register Vol. 24-14, July 15, 2024
When a plant nutrient guarantee is broken down into the
				  component forms, the percentage for each component shall be shown before the
				  name of the form. For example: 4% Nitrate Nitrogen.
Statutory Authority:
					 Chapter
					 15.54 RCW. 87-19-097
					 (Order 1952), § 16-200-735, filed
					 9/17/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-739 - Brand name

Current through Register Vol. 24-14, July 15, 2024
The addition of another prominent name or design to a
				  registered brand (other than descriptive words associated with the grade) shall
				  constitute a new and different brand. For example: Blue Bird 5-10-10 vs. John
				  Doe Blue Bird 5-10-10.
Statutory Authority:
					 Chapter
					 15.54 RCW. 87-19-097
					 (Order 1952), § 16-200-739, filed
					 9/17/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7401 - Statement of purpose - Penalty assignment

Current through Register Vol. 24-14, July 15, 2024
For the purpose of fair, uniform determination of penalty as
				  set forth in WAC
				  16-200-7401 through
				  16-200-7407, the director hereby
				  declares:
(1) Regulatory action is
				necessary to deter violations of the Fertilizer Regulation Act and rules
				adopted under it, and to educate persons about the consequences of such
				violation(s); and
(2) Any
				regulatory action taken by the department against any person who violates the
				provisions of
				chapter
				15.54 RCW and/or rules
				adopted under it shall be commensurate with the seriousness of the violation
				under the circumstances; and
(3)
				Each person shall be treated fairly in accordance with the rules set forth in
				this chapter and in adherence with the Administrative Procedure Act
				(chapter
				34.05 RCW).
Statutory Authority:
					 Chapters
					 15.54,
					 34.05 RCW. 03-02-100, §
					 16-200-7401, filed 1/2/03, effective
					 2/2/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7402 - Definitions - Penalty assignment

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions set forth in
				  RCW
				  15.54.270 and WAC
				  16-200-695, the following shall
				  apply to WAC
				  16-200-7401 through
				  16-200-7407.
(1) "Adverse effect(s)" means that the
				effects resulting from violations of
				chapter
				15.54 RCW or the rules
				adopted under it actually causes, or creates the possibility of damage or
				injury to humans, animals, plants, property or the environment, or causes or
				creates the possibility of a threat to public health.
(2) "Level of violation" means that the
				alleged violation is a first, second, third, fourth, or more violation(s).
(a) First violation. This means the alleged
				violator has committed no prior violation within three years of committing the
				current alleged violation.
(b)
				Second violation. This means the alleged violator committed one prior violation
				within three years of committing the current alleged violation.
(c) Third violation. This means the alleged
				violator committed two prior violations within three years of committing the
				current alleged violation.
(d)
				Fourth violation. This means the alleged violator committed three or more prior
				violations within three years of committing the current alleged
				violation.
(e) For purposes of
				calculating the level of violation, prior violations will be measured from the
				date that a final action was taken by the department and not from the date that
				the violation(s) occurred.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7403 - Application of RCW 43.05.100 and 43.05.110 - Issuance of a civil penalty without first issuing a notice of correction

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				43.05.100, a notice of correction may be
				issued by the department when they become aware of conditions and/or conduct
				that are not in compliance with the applicable laws and rules enforced by the
				department. The issuance of a notice of correction by the department shall not
				constitute a previous violation for purposes of WAC
				16-200-7402(2),
				but may, at the discretion of the department, be considered as an aggravating
				factor for the purposes of WAC
				16-200-7404(2).
(2) Prior to issuing a civil penalty for a
				violation of
				chapter
				15.54 RCW and/or the rules
				adopted under it, the department shall comply with the requirements of
				RCW
				43.05.110.
				RCW
				43.05.110 allows the department of
				agriculture to issue a civil penalty provided for by law without first issuing
				a notice of correction if:
(a) The person has
				previously been subject to an enforcement action for the same or similar type
				of violation of the same statute or rule or has been given a previous notice of
				the same or similar type of violation of the same statute or rule; or
(b) Compliance is not achieved by the date
				established by the department in a previously issued notice of correction, if
				the department has responded to any request for review of such date by
				reaffirming the original date or establishing a new date; or
(c) The violation has a probability of
				placing a person in danger of death or bodily harm, has a probability of
				causing more than minor environmental harm, or has a probability of causing
				physical damage to the property of another in an amount exceeding one thousand
				dollars; or
(d) The violation was
				committed by a business that employed fifty or more employees on at least one
				day in each of the preceding twelve months.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7404 - Calculation of a civil penalty

Current through Register Vol. 24-14, July 15, 2024
(1) In the disposition of administrative
				cases, the department shall use the penalty assignment schedules listed in WAC
				16-200-7407 to determine the
				appropriate penalty. The department shall calculate the appropriate penalty
				based on the level of violation and the adverse effect(s) or potential adverse
				effects at the time of the incident(s) giving rise to the violation. The median
				penalty shall be assessed unless an adjustment is warranted due to aggravating
				or mitigating factors. The median penalty may be adjusted to a level greater
				than the maximum penalty listed for the violation in the penalty assignment
				schedule table, but shall not exceed seven thousand five hundred dollars per
				violation. The median penalty may be adjusted to a lesser amount due to
				mitigating factors, but not less than the minimum penalty listed for the
				violation.
(2) Adjustment of median
				penalty.
(a) The department reserves the
				right to increase the civil penalty when certain aggravating factors are
				present. Such aggravating factors include, but are not limited to:
(i) Situations where the civil penalty
				assessed is not substantially equivalent to the violator's economic benefit
				derived from the violation;
(ii)
				The number of separate alleged violations contained within a single notice of
				intent;
(iii) The high magnitude of
				the harm, or potential harm, including quantity and/or degree, to humans,
				animals, plants, property or the environment caused by the
				violation(s);
(iv) The similarity
				of the current alleged violation to previous violations committed within the
				last three years;
(v) The extent to
				which the alleged violation is part of a pattern of the same or substantially
				similar conduct.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7405 - Denial or cancellation of a bulk fertilizer distribution license

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				retains the sole discretion to determine when a bulk fertilizer distribution
				license should be canceled. Cancellation of a license shall be an option for
				the department in those circumstances where:
(a) The penalty schedule allows for
				cancellation; and/or
(b) One or
				more aggravating factors are present.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7406 - Other dispositions of alleged violations

Current through Register Vol. 24-14, July 15, 2024
Nothing herein shall prevent the department from:
(1) Choosing not to pursue a civil penalty or
				bulk fertilizer distribution license denial or cancellation.
(2) Issuing a notice of correction in lieu of
				pursuing a civil penalty, or bulk fertilizer distribution license denial or
				cancellation.
(3) Negotiating
				settlement(s) of cases on such terms and for such reasons as it deems
				appropriate. Prior violation(s) covered by a prior settlement agreement may be
				used by the department for the purpose of determining the appropriate penalty
				for the current alleged violation(s) if not prohibited by the
				agreement.
(4) Referring violations
				or alleged violations to any federal, state or county authority with
				jurisdiction over the activities in question.
Statutory Authority:
					 Chapters
					 15.54,
					 34.05 RCW. 03-02-100, §
					 16-200-7406, filed 1/2/03, effective
					 2/2/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-200 - Fertilizers › Section 16-200-7407 - Penalty assignment schedule

Current through Register Vol. 24-14, July 15, 2024
This assignment schedule shall be used for violations of
				  chapter
				  15.54 RCW and rules
				  adopted under it.
Level of Violation
Adverse Effects Not Probable
Adverse Effects Probable
Minimum
Median
Maximum
Minimum
Median
Maximum
First
$400
$600
$1000
$700
$900
$1100
Second
$700
$1000
$2000
$1200
$2600
$4000 and/or license denial or cancellation
Third
$1400
$2000
$4000
$1600 and/or license denial or cancellation
$4800 and/or license denial or cancellation
$7500 and/or license denial or cancellation
Fourth or more
$1800 and/or license denial or cancellation
$4000 and/or license denial or cancellation
$6000 and/or license denial or cancellation
$2000 and/or license denial or cancellation
$7500 and/or license denial or cancellation
$7500 and license denial or cancellation
Statutory Authority:
					 Chapters
					 15.54,
					 34.05 RCW. 03-02-100, §
					 16-200-7407, filed 1/2/03, effective
					 2/2/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions set forth in this section shall apply
				  throughout this chapter, unless the context otherwise requires.
(1)
"Approved air gap"
means a
				physical separation between the free-flowing end of a water supply pipeline and
				the overflow rim of an open or nonpressurized receiving vessel. To be an
				approved air gap, the separation must be at least:
(a) Twice the diameter of the supply piping
				measured vertically from the overflow rim of the receiving vessel, and in no
				case be less than one inch, when unaffected by vertical surfaces (sidewalls):
				or
(b) Three times the diameter of
				the supply piping, if the horizontal distance between the supply pipe and a
				vertical surface (sidewall) is less than or equal to three times the diameter
				of the supply pipe, or if the horizontal distance between the supply pipe and
				intersecting vertical surfaces (sidewalls) is less than or equal to four times
				the diameter of the supply pipe and in no case less than one and one-half
				inches.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-020 - Secondary containment of liquid bulk fertilizers - General requirements

Current through Register Vol. 24-14, July 15, 2024
Primary storage of bulk liquid fertilizers at a permanent
				  storage facility shall be located within secondary containment designed to
				  prevent the release of discharged fertilizers. Secondary containment shall
				  consist of:
(1) A wall and liner with
				a sloped floor as provided in WAC
				16-201-028 and
				16-201-030; or
(2) A prefabricated facility as provided in
				WAC 16-201-040.
(3) Secondary containment in operation prior
				to March 1, 1994, which does not have sloped floors shall be exempt from this
				section: Provided, That upon alteration to the secondary containment or
				increase of storage volume, the secondary containment shall be brought into
				full compliance with this section.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-020,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-020, filed 11/2/93, effective
					 3/1/94.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-025 - Secondary containment of liquid bulk fertilizers - Capacity

Current through Register Vol. 24-14, July 15, 2024
(1) Secondary
				containment shall contain at least one hundred twenty-five percent of the
				volume of the largest storage container within the area plus the displacement
				of all other tanks, appurtenances, and other items within the containment area:
				Provided, That permanent storage facilities that have tanks of one hundred
				thousand gallons or greater capacity may use the following method to meet the
				capacity requirement: Secondary containment shall contain at least one hundred
				ten percent of the volume of the largest storage container within the area plus
				the displacement of all other tanks, appurtenances, and other items within the
				area plus sufficient volume to contain the precipitation from a twenty-five
				year, twenty-four hour storm event.
(2) If the secondary containment is located
				indoors or under a roof to prevent accumulation of rainfall, the area shall
				contain at least one hundred ten percent of the volume of the largest storage
				container plus the displacement of all other tanks, appurtenances and other
				items within the containment area.
(3) Secondary containment in operation prior
				to March 1, 1994, having a capacity of at least one hundred ten percent of the
				volume of the largest storage container within the area plus the displacement
				of all other tanks, appurtenances, and other items within the containment area
				shall be considered to be in compliance with this section: Provided, That upon
				alteration to the secondary containment or increase of storage container volume
				the secondary [containment] shall be brought into full compliance with the
				specific capacity requirement of this section.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-025,
					 filed 11/17/00, effective 12/18/00. Statutory Authority:
					 RCW
					 15.54.800 and
					 15.58.040. 93-22-093 (Order 5018),
					 § 16-201-025, filed 11/2/93, effective 3/1/94.
Reviser's note:
RCW
					 34.05.395 requires the use of underlining and
					 deletion marks to indicate amendments to existing rules, and deems ineffectual
					 changes not filed by the agency in this manner. The bracketed material in the
					 above section does not appear to conform to the statutory
					 requirement.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-028 - Secondary containment of liquid bulk fertilizers - Walls and floors

Current through Register Vol. 24-14, July 15, 2024
(1) The secondary
				containment floor shall slope to one or more liquid tight collection points or
				sumps that allows spilled or deposited materials to be easily
				removed.
(2) The walls and floor of
				secondary containment shall be constructed of steel, poured reinforced
				concrete, precast concrete modules, solid masonry, or other materials or
				combination of materials that:
(a) Shall be
				designed to withstand a full hydrostatic head of any discharged
				liquid;
(b) Shall have sufficient
				thickness and chemical resistance to contain a release until it is
				recovered;
(c) Shall be constructed
				and maintained to a permeability standard of 1X10-6
				cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic
				Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or
				other test method approved by the department;
(d) Shall have sufficient structural strength
				to maintain the containment's integrity under normally anticipated
				loadings;
(e) Shall be chemically
				compatible with the materials being stored; and
(f) Shall be properly sealed to prevent
				leakage.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-029 - Secondary containment of liquid bulk fertilizer - Earthen walls

Current through Register Vol. 24-14, July 15, 2024
(1) Secondary
				containment walls constructed of earth shall be allowed at permanent storage
				facilities when a liner is used: Provided, That only permanent storage
				facilities having storage containers of one hundred thousand gallons or greater
				capacity can use clay liners.
(2)
				Earthen walls shall have a horizontal to vertical slope of at least three to
				one, unless a steeper slope is consistent with good engineering practice, and
				shall be packed and protected from erosion.
(3) The top of earthen walls shall be no less
				than two feet six inches wide.
Statutory Authority:
					 RCW
					 15.54.800. 00-23-075, § 16-201-029,
					 filed 11/17/00, effective 12/18/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-030 - Secondary containment of liquid bulk fertilizers - Lining

Current through Register Vol. 24-14, July 15, 2024
If a liner is required to meet the standards set forth in WAC
				  16-201-028, then it must be
				  constructed as follows:
(1) Synthetic
				liners:
(a) Synthetic liners shall be
				chemically compatible with the materials being stored within the permanent
				storage facility and have a minimum thickness of thirty mils +/-1 mil. A
				written confirmation of compatibility and a written estimate of the life of the
				liner from the manufacturer shall be kept on file at the permanent storage
				facility or the nearest local office from which the permanent storage facility
				is administered.
(b) Synthetic
				liners shall be installed under the supervision of a qualified representative
				of the manufacturer, a contractor certified by the manufacturer, or a certified
				engineer. All field constructed seams shall be tested, and repaired if
				necessary, in accordance with the manufacturer's recommendations.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-201 - Fertilizer bulk storage and operational area containment rules › Section 16-201-031 - Secondary containment of liquid bulk fertilizers - Floors and linings - Alternative procedures

Current through Register Vol. 24-14, July 15, 2024
A floor and/or liner need not be installed directly under a
				  storage container having a capacity of one hundred thousand gallons or more
				  which has been constructed on site and put into use prior to March 1, 1994:
				  Provided
,
That one of the following alternative procedures are
				  complied with, certified to in writing by an official of the company which owns
				  the storage container, and the certificate is filed with the department:
(1) Alternative 1 is as follows:
(a) A second bottom made of steel shall be
				constructed for the storage container. The second bottom shall be placed over
				the original bottom and separated from the original bottom by a support medium
				designed to provide for leak detection between the two bottoms and properly
				support the new bottom. This support layer may consist of gravel, sand,
				concrete (grooved to provide leak detection), steel or other grillage, wire
				mesh, etc. as dictated by good engineering practice.
(b) The original bottom of the storage
				container shall be tested for leaks before the support layer and second bottom
				are installed. A record of the test shall be kept on file at the permanent
				storage facility or at the nearest local office from which the permanent
				storage facility is administered.
(c) The newly constructed bottom shall be
				tested for leaks before any liquid fertilizer is stored on the newly
				constructed bottom. A record of the test shall be kept on file at the permanent
				storage facility or at the nearest local office from which the permanent
				storage facility is administered.
(d) There shall be a system to readily detect
				leaks through the newly constructed bottom into the support layer. Leak tests
				should be conducted at not more than six-month intervals with a record of such
				tests to be kept at the permanent storage facility or at the nearest local
				office from which the permanent storage facility is administered.