The Washington State Board of Health is requesting informal feedback on draft revisions to WAC 246-282 – The Sanitary Control of Shellfish.
Background
On February 23, 2022, the Washington State Board of Health (Board) filed the CR-101 to begin working on our rules about the Sanitary Control of Shellfish. We are making editorial and technical revisions along with other updates to the rule. This rulemaking began as a response to the extreme heat event in 2021, which highlighted potential gaps in the rule.
The Board coordinated with the Department of Health’s Office of Environmental Health and Safety to convene a Rules Advisory Committee made up of volunteers from the commercial shellfish industry, Tribes, Washington State Department of Fish & Wildlife, Willapa Grays Harbor Growers Association, and Pacific Coast Shellfish Growers Association when this work began. The committee met to discuss and review potential changes. These meetings gathered valuable feedback. The Board is now gathering additional feedback from the broader industry and the public to continue to refine the draft and answer any questions.
How to Provide Feedback
We are requesting feedback during this informal comment period on the draft rule language by Tuesday, April 15, 2025, at 11:59pm. An informal comment period is an opportunity to provide feedback before a formal proposal for rule language, and your participation is critical.
The attached document shows changes to the draft rule. These changes include feedback we have heard so far and are intended to clarify the rule and ensure it complies with the Code Reviser’s 2025 Bill Drafting Guide.
You may provide feedback on the draft rule through the following ways:
- Written comments will be accepted until Tuesday, April 15, 2025, at 11:59pm, using the following options:
- Send to the State Board of Health Shellfish Rule email address: shellfish@sboh.wa.gov
- Send via the U.S. Mail to:
Washington State Board of Health
PO Box 47990
Olympia, WA 98504-7990
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- Redline Edits will be accepted until Tuesday, April 15, 2025, at 11:59pm. To provide redline edits, open the document attached and follow these steps:
- Go to the “Review” tab.
- Select “Track Changes” from the drop-down arrow in the “Tracking” section.
- Make your edits and watch them appear as colored text.
- When finished, save the document as [Last Name, First Name] WAC246-282_Draft
- Send the draft to shellfish@sboh.wa.gov by the April 15 deadline.
- Additional Comment Methods – The Washington State Board of Health is committed to providing access to all individuals that want to participate in our work. Alternative commenting options include verbal comment, support for interpretation and translation, and other accessible options. If you would like to take advantage of these methods of providing comment, please contact us at (360) 236-4110 or email wsboh@sboh.wa.gov.
Next Steps
After the informal comment period, the team will review and consider feedback. As part of the rulemaking process, we will also conduct a significant analysis and a small business economic statement. We will be in touch with industry partners throughout this process so that we can better understand how potential changes could impact costs. We will then consider the next steps based on feedback.
The Board is committed to promoting equity in all aspects of the rulemaking process, ensuring fair and inclusive policies that address the diverse needs and perspectives of our communities. This feedback will help the Board make further edits and clarify any questions before a final rule is proposed.
Please Note - This rulemaking is not related to the Department of Health’s withdrawn shellfish fee rulemaking. For more information on the fee rulemaking, please visit https://doh.wa.gov/community-and-environment/shellfish/rules/program-fees-rule-revision.
