Wyo. Code R. 010 | Wyoming Administrative Rules 010 — Agriculture, Dept. of

19 Agriculture Mediation Board

Chapter 1 Agriculture and Natural Resource Mediation Board

Wyo. Code R. 010.0006.1.07182000 Agriculture and Natural Resource Mediation Board

AGRICULTURE AND NATURAL RESOURCE MEDIATION BOARD

CHAPTER 1

Section 1. Purpose. These Rules and Regulations implement the Agriculture Mediation Service Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998 by setting forth the qualifications and role of mediators and describing how the Mediation process will be conducted. The goal of the Mediation program is to resolve disputes by using a voluntary and confidential Mediation process by which a trained neutral party assists with primary decision makers to reach mutually agreed upon solutions.

Section 2. Authority. These rules are adopted pursuant to the Agriculture Mediation Service Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998, W.S. 11-41-101 through W.S. 11-41-110.

Section 3. Definitions. As used in this Chapter and in addition to the definitions found in W.S. 11-41-102 (a), the following terms are defined:

(a) "Act" means the Agriculture Mediation Service Act of 1987 as amended by the Agricul- ture and Natural Resource Mediation Act of 1998, W.S. 11-41-101 through 11-41-110;

(b) "Action" under W.S. 11-41-102 (a)(i) means a court action by a Creditor against a Farmer for payment of a debt, to enforce or foreclose a security interest, lien or mortgage, or to repossess or declare a Creditor's interest in real property. "Action" also includes any matter filed in a court of law or before an agency by a party to resolve a dispute.

(c) "Agricultural property " under W.S. 11-41-102 (a)(ii) means real property that is used principally for Farming or ranching, real property that is a Farmer's principal residence and any land contiguous to the residence, personal property that is used as security to finance Farming or personal property that is used for Farming;

(d) "Board" under W.S. 11-41-102 (a)(iii) means the Agriculture and Natural Resource Media- tion Board;

(e) "Creditor" under W.S. 11-41-102 (a)(iv) means any person who holds a mortgage on or is vendor of a land contract for Agricultural property, who has a lien on or security interest in Agricul- tural property or who is a judgment Creditor with a judgment against a Farmer affecting the Farmer's Agricultural property;

(f) "Farmer" or "Rancher" under W.S. 11-41-102 (a)(v) means a person engaged in Farming or ranching who owns or leases a total of sixty (60) acres or more of land that is Agricultural property and whose gross sales of farm products for the preceding year equaled twenty thousand dollars ($20,000.00) or more;

(g) "Farming or ranching" under W.S. 11-41-102 (a)(vi) means the employment and operation of real property for the production of agricultural products, including but not limited to:

(i) Raising, harvesting and selling crops, hay and other products of the soil;

(ii) Feeding, breeding, management and sale of livestock, poultry, fur bearing animals or honeybees, or the produce thereof; or

(iii) Dairying and the sale of dairy products.

(h) "Natural Resources" means the physical, chemical or biological properties of natural re- sources including but not limited to air, water, wildlife, soil, minerals, or vegetation.

(i) "Mediation" under W.S. 11-41-102 (a)(vii) means the act of a neutral person in intermedi- ating between or among contending Parties with a view to persuading them to adjust or settle their dispute by mutual agreement.

(j) "Parties" under W.S. 11-41-102 (a)(viii) means the primary decision makers engaged in the Mediation process.

(k) "Standing" under W.S. 11-41-102 (a)(ix) means a person is given the authority to initiate a Mediation process by the Board.

Section 4. Persons Who Have Standing to Seek Mediation.

(a) In order for Parties to be given the authority to enter into the Mediation process, they must meet the following criteria:

(i) Parties or their authorized designee(s) must have the authority to settle the dispute, and

(ii) Parties must be active participants in the Mediation process.

Section 5. Where the Mediation Process Applies.

(a) Pursuant to W.S. 11-41-108 (a): Any conflict between two (2) Parties which involves agri- culture or Natural Resources may be subject to Mediation. This may include, but not limited to, con- flicts between federal, state and local government agencies, individuals and organizations.

Section 6. Qualifications and Duties of Mediators.

(a) In order to become a mediator, one must meet the following qualifications:

(i) In order to be considered qualified, each mediator shall be certified as having attended and satisfied the requirements of a Board-approved Mediation training program; an approved training program shall provide at least (30) thirty hours of course work in Mediation process, resolving conflicts, farm finance negotiating, communications, issue and problem framing, final bargaining and agreement writing. The Board shall establish a listing of approved training programs and shall certify each mediator who has attended and satisfactorily completed the training requirements; and

(ii) Individuals with dispute resolution experience at the time the Agriculture Mediation Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998 was passed may petition the Board to become mediators under the act. The Board may approve such application on a case-by-case basis, and may specify areas of additional training which must be satisfied before the petitioner will be certified.

(b) In performing their duties, mediators shall:

(i) Under W.S. 11-41-105 (b)(i) listen to the disputing Parties desiring to be heard;

(ii) Attempt to mediate between the disputing Parties;

(iii) Remain neutral;

(iv) Under W.S. 11-41-105 (b)(iii) inform the disputing Parties as to the existence of available assistance programs;

(v) Under W.S. 11-41-105 (b)(v) assist disputing Parties in attempting to arrive at an agreement for the future conduct of working relations among them;

(vi) Under W.S. 11-41-105 (b)(vi) if requested by the Parties, assist in the preparation of a written agreement;

(vii) Comply with all provisions of the Act and the Rules and Regulations of the Board; and

(viii) Under W.S. 11-41-105 (b)(ii) endeavor to create a climate conducive to the reso- lution of differences between the Parties.

(c) The Board will bi-annually review and renew the certificates of those mediators who have demonstrated satisfactory performance of their Mediation responsibilities as outlined in these rules.

(d) To be recertified, mediators will submit, with their request for recertification, evidence of at least eight (8) hours of additional training on Mediation process skills since their last certification.

(e) Certified mediators agree to act as mentors for others, when requested to do so by the Board. The Board, with consent of the Parties, may designate a person to act as an observer of a Mediation meeting.

(f) Certified mediators will provide a written statement outlining to the Board:

(i) The mediator's name, address, and phone number.

(ii) A description of the mediators training in the Mediation process.

(iii) A description of the mediators Mediation experience.

(iv) A description of the mediator's Mediation style.

(v) A description of those subjects for which the mediator is available.

(vi) A description of mediator's fees.

(vii) The date on which the written statement was prepared; and

(viii) Any other information the mediator feels relevant.

Section 7. Procedures for Establishing a Mediation under the Act.

(a) A request for Mediation shall be submitted to the Board in writing on a form provided by the Board. The request shall be submitted to the Wyoming Agriculture and Natural Resource Media- tion Board in care of the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, Wyoming 82002.

(b) A request for Mediation shall include:

(i) The name and address of each party, or authorized designee (s),

(ii) Information sufficient to establish that the dispute for which Mediation is requested meets the requirements of the act.

(iii) Summary of information relating to the issue; and

(iv) Signature of a party having Standing.

(c) The Wyoming Department of Agriculture shall notify persons named in the request for Mediation to determine whether these persons are interested in participating. Persons interested in participating must complete an "Agreement to Mediate" form, prepared by the Board which refers them to these rules for further information regarding the Mediation process. Persons not interested in Mediation will be asked to complete a Mediation waiver form, indicating that they are not interested in participating at this time.

Section 8. Mediation Assistance.

(a) Under W.S. 11-41-105 (e) upon request for agricultural credit assistance, the Board may refer the borrower to the director of the Extension Service in the College of Agriculture at the Univer- sity of Wyoming. The Extension Service shall assist the borrower in preparing financial information for the initial Mediation meeting.

(b) Under W.S. 11-41-105 (e) the Board may also refer the Farmer or Rancher to a list of other financial analysts skilled in assisting with farm debt matters. The Board shall require persons applying to be placed on this list to outline;

(i) Name and address of applicant;

(ii) Training and number of years experience in financial analysis skills;

(iii) Training concerning farm financing and the farm credit system; and

(iv) Fees charged for rendering of financial analysis.

(c) Under W.S. 11-41-104(b) the Board may employ and remove for cause administrative, tech- nical and other personnel on matters requiring technical or scientific expertise, and upon request from both Parties, the Board may recommend that a qualified Technical Review Team (TRT) be appointed to gather appropriate data or evidence to determine the facts. The Board designates the duty of selecting TRT members to the Wyoming Department of Agriculture. The team members would be selected by the Wyoming Department of Agriculture using the following criteria:

(i) Each member must be technically qualified and experienced in the subject matter of the dispute; and

(ii) Each member must be acceptable to both Parties in the disputes.

(d) Compensation for the TRT members will be in accordance with Section 13 (a)(b)(c)(d).

(e) After appropriate field trips or fact finding meetings, the TRT will prepare a report on the technical and scientific aspects of the matter in dispute. This report will be furnished to both Parties and to the mediator to be used as he/she deems necessary in the Mediation efforts.

Section 9. Selection of a Mediator and Preparation of Agreement as to Mediation Arrange- ments.

(a) Under W.S. 11-41-108 (e) The Board shall provide the Parties with the names, mailing addresses, and qualifications background information received under Section 7 of mediators, located in the geographical area in which the Agricultural property or Farmer is located.

(b) Selection of Mediator. The Parties shall notify the Board, by certified letter within seven (7) days of the receipt of the list of mediators, of their selection. The Board shall treat the silence of the Parties as a request for assistance in selecting a mediator. Upon the written request of the Parties or following the expiration of the seven (7) day period, the Board shall designate a mediator. All Parties shall be given notice of the mediator selected by the Board and any Party shall have the right, by written request, to direct the Board to select a different mediator prior to the initial Mediation meet- ing.

(c) Every mediator shall enter into a written agreement setting forth the terms, conditions, time lines and estimated cost for the Mediation services to be provided. The agreement shall:

(i) Be signed by the mediator and all Parties to the Mediation process;

(ii) Unless otherwise specified by a court suspension order under W.S. 11-41-107, provide that the Mediation process shall terminate sixty (60) days-after the appointment of the mediator, unless extended by unanimous agreement of the Parties;

(iii) Incorporate a statement agreeing to follow the written terms of any mutual agree- ment arising out of the Mediation process.

(iv) Under W.S. 11-41-108 (e) if no Action has been initiated to which the disputing Farmer and Creditor are Parties, the Board shall identify the Parties to any Mediation under this Chap- ter and shall require all Parties to enter into an agreement to refrain from initiating any Action among the Parties affecting this subject matter of the Mediation for a sixty (60) day period;

(v) If an Action has already commenced, then provide a statement by the Parties that they have obtained a Stipulation to mediate filed in any pending Action and a suspension order signed by a district court judge.

(vi) Include a statement prepared by the mediator, which sets forth the guidelines under which the mediator will conduct the Mediation proceedings; and

(vii) Describe the hourly fees and compensation for travel, per diem and other neces- sary expenses, to be reviewed by the Board.

Section 10. Mediation Proceedings and the Authority of the Mediator.

(a) Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the Parties and the mediator.

(b) The mediator may hold joint or separate meetings with the Parties.

(c) The mediator may request other persons to participate in the Mediation proceedings upon approval of the Parties. Parties may have designees present at Mediation sessions.

(d) The Board may employ a technical expert(s) upon agreement by the Parties in accordance with Section 8 and W.S. 11-41-104(b).

(e) The mediator shall regulate the proceedings to prevent disruptions, and may terminate Mediation sessions in his or her discretion.

(f) Under W.S. 11-41-105 (f) The mediator may not compel a settlement.

(g) A Party may withdraw from Mediation at any point in time prior to final agreement or other conclusions of the Mediation proceedings.

(h) A Party or a mediator may withdraw from Mediation at any time if he or she feels that the mediator is unable or unwilling to perform or has a conflict of interest. The Party or mediator shall notify the Board of his or her intent to withdraw. Upon written agreement by the Parties and the Board, the Mediation proceedings may continue with a new mediator.

Section 11. Agreement After Mediation.

(a) Interim and final agreements of the Parties, if any, shall be reduced to writing. Under W.S.

11-41-105 (b)(vi) the mediator shall assist in the preparation of the written agreement.

(b) At the conclusion of the Mediation proceedings, the mediator shall provide copies of all written agreements to the Board. Agreements may provide for continued Mediation at a future date.

The Parties to a Mediation proceeding are solely responsible for any agreement reached, and for the enforcement of any agreement.

Section 12. Code of Ethics for Mediators.

(a) No mediator may provide legal, financial or therapeutic advice to the Parties in a Mediation proceeding. A mediator may not solicit or accept any payment or item of value, either directly or indirectly, in return for making a referral.

(b) In addition to W.S. 11-41-106, Mediators shall keep confidential all information and records obtained in connection with a Mediation proceeding.

(i) Offer or deliver services, other than Mediation services on any issue involving these same two Parties, raised in the proceeding for a period of at least six months from the time the last Mediation proceeding was concluded.

(ii) Solicit or accept from any person or entity, either directly or indirectly, anything of value that could reasonably be expected to influence the actions or judgment of the mediator in his or her capacity as a mediator or if it could reasonably be considered to be a reward for any Action or inaction by the mediator in his or her capacity as a mediator.

(iii) Use or attempt to use his or her position as a mediator to gain unlawful benefits, advan- tages or privileges for himself or herself, or for others.

(d) A mediator shall disclose to the Board and to the Parties to a Mediation proceeding, every potential conflict of interest and every other matter which may affect the mediator's ability to act in a fair, diligent and impartial manner in the proceeding. A mediator shall withdraw from the proceeding if the mediator is unable to act in a fair and impartial manner.

Section 13. Mediator Compensation.

(a) Mediators shall be compensated at a rate consistent with the information contained in their background questionnaires and agreed upon by the Parties. The Board shall establish a maximum hourly fee for Mediation services.

(b) Mediators will receive compensation for travel, and per diem, in an amount agreed upon by both Parties, provided the per diem and mileage shall not exceed the amount allowed state employees.

(d) Under W.S. 11-41-105 (c) the Parties in the Mediation process shall share the costs of Mediation equally.

(e) Mediators who receive funds in advance shall maintain a trust account for handling all funds received from Mediation. Mediators shall, at the termination of Mediation, file with the Parties and the Board a statement listing the number of hours of Mediation conducted, total charges for Mediation, any compensation for travel or per diem request, and any balance remaining in the trust account. Any balance remaining in the trust account following the termination of Mediation shall be returned to the Parties within (30) thirty days.

History

Effective 2000-07-18

20 Animal Damage Management Board

Chapter 1 Regulations for Governing the Granting of Predator Management Program Funds

Wyo. Code R. 010.0007.1.03312007 Regulations for Governing the Granting of Predator Management Program Funds

Wyoming Animal Damage Management Board

Chapter 1

Regulations Governing the Granting of Predator Management Program Funds

Section 1. Authority. Pursuant to authority vested in the Wyoming Animal Damage Management Board (ADMB) in W.S. § 11-6-304(d) the following regulations are hereby promulgated and adopted.

Section 2. Purpose of rules. These rules govern the distribution of funding appropriated by the Wyoming state legislature through the ADMB to the county Predator Management Districts (PMD) created by W.S. § 11-6-201.

Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 11, Wyoming Statutes and the board also adopts the following definitions:

(a) "Animal Damage Management Board or ADMB" means the statutorily created board under W.S. § 11-6-303.

(b) "Annual Report" means the final documentation the district must provide at the end of the state fiscal year (June 30).

(d) "Audit" means the unbiased examination and evaluation of the records, financial accounts, and financial statements of the district to verify their accuracy. The audit shall be performed in compliance with the State of Wyoming - Department of Audit, W.S. § 9-1-507(a)(iii) and Dept. of Audit Chapter 6 rules for special districts.

(e) "Budget" means an itemized summary of estimated or intended income and expenditures for a given period. For the purposes of this rule, the budget shall be compiled for the state fiscal year of July 1 – June 30.

(f) "Capital Equipment" means tangible equipment purchased for long term use by the district. For the purposes of these rules, capital equipment is a single piece of equipment and necessary attachments with a cost of more than $1,000.00 (one thousand dollars).

(g) "Collect" means to receive or compel payment of.

(h) "Commercial Feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce.

(i) "District" means a predator management district created under W.S. § 11-6-201(a).

(j) "District Board" means the board of directors of a district created under W.S. § 11-6- 202.

(k) "Encumbered Funds" means those funds which have been obligated for use by contract or invoice.

(l) "Financial Statement" means a compilation of a district's financial status. Such records shall include a balance sheet (statement of financial position), an income statement (income and expenditure statement), a cash flow statement, and supplementary notes and recorded significant financial management decisions.

(m) "Grant Application " means the form and documents with which a request is made for funding. The form will be prescribed and distributed by the ADMB.

(n) "Management Plan" means a proposed or tentative course of action, including programs or policies stipulating the proposed service and expected benefits.

(o) "Predacious Bird" means any predatory avian species that is permitted to be taken under either Wyoming law or federal law.

(p) "Predatory Animal" means coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and gray wolf as allowed by law.

(q) "Standard Budget" means an annual or biennial request for funding from a district that provides for a base level of funding for general operational needs of the district.

Section 4. Applicability of rules. These rules shall only apply to districts that solicit or receive grant funding from the ADMB under the program as outlined in these rules.

(a) No state funds awarded to a district by the ADMB shall be used to satisfy debt existing prior to the effective date of these rules.

Section 5. Qualifications for funding. To qualify for funding under these rules, the district shall:

(a) Submit the following to the ADMB:

(i) Proof of compliance with W.S. § 11-6-202(a)(v).

(ii) Completed grant application on a form prescribed by the ADMB

(iii) Budget

(iv) Management Plan

(v) Financial Statement

(vi) Proof of having assessed and collected all available funds as required by W.S. § 11-6-210(o)

(A) Each district, in accordance with W.S. § 11-6-210(f) shall determine which facilities meet the definition of a commercial feedlot.

(B) Each district shall establish a method by which assessment, billing and collection for goats may be conducted.

(vii) Report stating the accomplishments or actions relative to the prior year's management plan. The requirement shall only pertain to districts that have previously received state funds under these rules.

(b) In addition, the district shall assure that:

(i) It is in compliance with applicable Wyoming statutes; and

(ii) All agreements with the ADMB are current or satisfied.

Section 6. Funding Distribution. Funding shall be applied for and justified through the grant application process as follows:

An initial standard budget of $50,000.00 shall be awarded by the ADMB to each qualified district whose application has been approved by the ADMB prior to May1, 2007.

The application must be received by the ADMB prior to April 1, 2007.

Thereafter, the ADMB shall annually establish a standard budget amount that shall be provided to all qualified districts with an application submitted prior to April 1.

(i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.

A maximum of ten percent (10%) of the standard budget may be used to purchase capital equipment.

(i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.

Section 7. Grant Applications. The grant application form shall be developed by the ADMB in accordance with the requirements of this regulation. The ADMB shall make a grant application form available to all districts.

(a) A district requesting grant funds shall submit a new grant application, budget and management plan no later than the date specified on the initial grant application and not later than April 1 of future years.

Section 8. Financial Records. The district shall provide a budget with the grant application. A standardized form will be provided by ADMB.

The budget shall show all proposed income and expenses of the district.

The budget shall be accompanied by the district's current financial statement.

Audit Reports as required by W.S. § 9-1-507(a)(iii) and Chapter 6 rules for special districts shall be submitted to the State Department of Audit and a copy to the ADMB.

Section 9. Management Plan. The district shall include a management plan with the grant application. The management plan shall provide details of the proposed action and the expected results.

The management plan shall address the following, as applicable for the district or funding requested:

Wildlife issues and goals

Livestock issues and goals

Pre- and post-work monitoring

Partnerships and cooperative agreements required to accomplish the management plan.

The criteria shall include but not be limited to the cost of full-time and part-time trappers and the cost of fixed wing aircraft and helicopters, for predator management for livestock and wildlife.

Human health and safety issues.

Section 10. Reporting. The district shall submit an annual report, due to the ADMB, 2219 Carey Avenue, Cheyenne, WY 82002 by no later than July 1st of each year. This report should be relative to the current fiscal year.

The annual report shall contain the following:

Actions taken.

Identifiable and measurable results.

Grant monies expended.

Current financial statement.

Most recent audit report .

Supplemental reports may be requested by the ADMB on any identified and targeted management or site specific projects, at the time funding is provided to the district to carry out such projects.

Section 11. Loss of eligibility. Any district that does not comply with all provisions of these rules shall not be eligible for additional grant funding until they have documented correction of all compliance deficiencies to the satisfaction of the ADMB. Districts that demonstrate correction of all deficiencies may submit a grant application for funding consideration for the next fiscal year.

Section 12. Authority to determine funding amounts. In all cases, the ADMB retains the authority to allocate funding to qualified districts in the amount determined by the ADMB to carry out the intent of W.S. § 11-6-201.

Section 13. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect the other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.

History

Effective 2007-03-31

Chapter 2 Regulations governing the granting of wolf mgmt. program funds

Wyo. Code R. 010.0007.2.04022013 Regulations governing the granting of wolf mgmt. program funds

Wyoming Animal Damage Management Board

Chapter 2

Regulations Governing the Granting of

Wolf Management Program Funds

Section 1. Authority. Pursuant to authority vested in the Animal Damage Management Board by W.S. § 11-6-304, the following regulations are hereby promulgated and adopted.

Section 2. Regulation. The Wyoming Animal Damage Management Board (ADMB) adopts the following regulation governing the distribution of funding appropriated by the Wyoming state legislature for emergency wolf management for the control of gray wolves in Wyoming where designated as a predatory animal. The gray wolf is designated as a predatory animal as defined in W.S. §11-6-302(a)(ix)(B) and W.S. §23-1-101(a)(viii)(B) except in:

(a) Those areas where gray wolves are designated as trophy game animals by W.S. §23-1-101 (a)(xii)(B)(I) and (II), and

(b) Yellowstone National Park; and,

Section 3. Definitions. For the purpose of this regulation, the definitions set forth in Title 11 of the Wyoming Statutes apply unless the context or subject matter clearly requires a different interpretation. The following definitions are adopted:

(a) "District" means a predator management district created under W.S. § 11-6- 201(a).

(b) "District Board" means the board of directors of a district created under W.S. § 11-6-202.

(d) "WDA" means the Wyoming Department of Agriculture

(e) "Director" means the Director of the Department of Agriculture for the state of Wyoming or his designated representative

(f) "Qualified agent or agent" means an individual, company, or organization that can provide necessary service and equipment for managing gray wolves.

Section 4. Applicability of Rules. These rules shall apply to all Districts in Wyoming, whether or not they solicit or receive grant funding from the WDA under any other program. These rules do not preclude any District from performing wolf management work, using its existing personnel at the district's expense.

Section 5. Qualifications for Funding. To qualify for funding under these rules,

(a) A livestock owner, whose livestock has been injured or killed in an area in Wyoming where the gray wolf is designated as a predatory animal, and who suspects the injury or kill is from a gray wolf must:

(i) Contact USDA/APHIS/Wildlife Services (WS), or another qualified agent approved by the Director, to verify that the livestock loss or injury was due to wolf depredation; and

(ii) If the livestock loss or injury is due to wolf depredation, contact the WDA Predator Management Coordinator to request assistance in managing the depredating wolf problem.

(b) The WDA Predator Management Coordinator will then contact WS, or another qualified agent approved by the Director, for assistance in managing the depredating wolf problem. The WDA Predator Management Coordinator will also contact the Predator Management District President or Vice President to notify them of wolf activity in their district.

(c) Through an established Memorandum of Understanding (agreement) between the ADMB and WS, or contract between the ADMB and another qualified agent approved by the Director, WS or the agent will assist the livestock owner, for a reasonable amount of time as agreed upon between WS, or the agent and the livestock owner at the time when WS, or the agent's, assistance is requested. WS or the agent will provide an invoice to the WDA for the services provided to the livestock owner.

(d) Assistance in wolf management may be requested for human health and safety issues and the Director may grant funding for such assistance at his discretion.

Section 6. Funding Distribution. An invoice from WS or agent providing wolf management assistance shall be submitted to the WDA to request wolf management funds.

(a) Initial funding shall be available for payments for wolf management. Any balance left over after the first year shall roll forward into the second year.

(b) Thereafter, the WDA may annually establish a budget amount that shall be provided to reimburse, WS or approved agents of wolf management service.

Section 7. Authority to Determine Funding Amounts. In all cases, the WDA retains the authority to allocate funding to providers of wolf management assistance in the amount determined by the WDA.

Section 8. Savings Clause. If any provision of this regulation shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without that provision; and, to this end, the provisions of this regulation shall be severable.

History

Effective 2013-04-02

Chapter 3 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0007.3.12032018 § 1 Authority

These rules are promulgated by the Wyoming Animal Damage Management Board pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2018-12-03

Wyo. Code R. 010.0007.3.12032018 § 2 Purpose

The Wyoming Animal Damage Management Board hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2018-12-03

Wyo. Code R. 010.0007.3.12032018 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(c) "Electronic public record" is a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record.

(d) "Information technology staff" are employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records.

(e) "Professional staff" are employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under

W.S. 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50

History

Effective 2018-12-03

Wyo. Code R. 010.0007.3.12032018 § 4 Electronic Public Records

(a) Production and Construction Costs. Under W.S. 16-4-202(d)(i), a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services.

(b) Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records. Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold.

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(d) Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre-pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request.

(e) Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records.

(f) Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(g) Request Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and

(e) apply to electronic public records.

History

Effective 2018-12-03

Wyo. Code R. 010.0007.3.12032018 § 5 Non-Electronic Public Records

(a) Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i)

Scanning non-electronic public records.

$0.10/page

(ii)

Electronic Media (disk, thumb drive, etc.).

Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i)

Mailing, including cost of the shipping container.

Actual Cost

(ii)

Facsimile.

Actual Cost

History

Effective 2018-12-03

Chapter 25 Rabies Prevention in Wildlife

Wyo. Code R. 010.0007.25.11192003 Rabies Prevention in Wildlife

RABIES PREVENTION IN WILDLIFE

CHAPTER 25

Section 1. Introduction and Authority.

(a.) Pursuant to authority as required by W.S. 11-6-304 in the Animal Damage Management Board, the Animal Damage Management Board after consultation with the Livestock Board and the Department of Health, shall promulgate rules pertaining to rabies prevention in wildlife including surveillance, public education, vaccination protocol, post-exposure procedures and quarantines.

(b.) Nothing in these rules shall preempt the Wyoming Game and Fish Commission authority to manage wildlife or determine damage pursuant to any provision in title 23 of the Wyoming Statutes.

Section 2. Definitions.

(a) The following definitions apply to these rules.

(i) "Board or ADMB" shall mean the Wyoming Animal Damage Management Board.

(ii) "Domesticated wild animal" means a wild or hybrid animal that is confined or controlled by a human and for which the rabies incubation and viral shed time are unknown.

(iii) "Owner" shall mean legal owner of animal(s), or the owner's agent, or the person in possession of or caring for such animal(s).

(iv) "Person" shall include an individual, partnership, corporation, joint stock company, or any other association or entity, public or private.

(v) "Pet" means an animal for which there is a licensed Rabies vaccine and which is ordinarily maintained in the home of the owner.

(vi) "Positive Rabies case" means an animal diagnosed as positive for rabies.

(vii) "Rabies specimen" means that part of an animal or an entire animal submitted for rabies examination.

(viii) "Rabies Suspect" means an animal showing signs suggestive of Rabies.

(ix) "Under the supervision of a veterinarian" means that a veterinarian is on the premises and is responsible for the Rabies vaccination.

(x) "Vaccinated" means an animal immunized for Rabies.

(xi) "Veterinarian" means a graduate of an accredited college of veterinary medicine and licensed to practice veterinary medicine in the state in which he practices.

(xii) "Wild animal" means a nonhuman terrestrial mammal or a bat that is wild by nature or feral.

Section 3. Wyoming Rabies Management Plan

(a.) In order to meet the intent of the established statutes and regulations, the ADMB shall develop and implement a Wyoming Rabies Management Plan. The plan shall be reviewed annually and should cover areas statutorily defined below:

(i.) surveillance

(ii.) public education & prevention

(iii.) vaccination protocol

(iv.) post-exposure procedures and quarantines

(v.) entering into agreements with law enforcement agencies to carry out quarantine provisions

Section 4. Creation of rabies districts.

(a.) Pursuant to authority vested to the County Commissioners by virtue of W.S. 11 -31 -212.

(i.) The board of County Commissioners of any county may establish a rabies control district by resolution when in the judgment of the board of County Commissioners and the county health officer a district is necessary. The resolution shall designate the boundaries of the district, which may include any incorporated city or town, and shall identify the district by name.

(ii.) The resolution creating the rabies control district shall be published at least once a week for two (2) successive weeks in a newspaper of general circulation in the county wherein the district is located.

(iii.) The resolution creating rabies districts may address the following:

1. District boundaries.

2. Duration of time for which the district will exist.

3. Protocols for domestic animal/pet vaccination requirements.

4. Law enforcement responsibilities.

5. Enforcement and penalties.

6. District cooperators and lead contact.

(b.) The ADMB shall recognize the creation of a rabies district as the defining factor in initiating rabies management program as outlined in the Wyoming Rabies Management Plan. The ADMB may enter into a cooperative agreements with the rabies control districts and structure locally supervised management strategies based upon available and cooperative resources.

Section 5. Public education and prevention.

(a.) The ADMB shall within allocated resources, conduct a public education and prevention program as required by statute and outlined in the Wyoming Rabies Management Plan.

Section 6. Relationship with the Livestock Board, Department of Health, and State Veterinary Laboratory

(a.) The ADMB shall consult with the Wyoming Livestock Board, the Wyoming Department of Health and the Wyoming State Veterinary Laboratory in its deliberations regarding the implementation of the Wyoming Rabies Management Plan.

(b.) Wyoming Livestock Board. The Wyoming Livestock Board is responsible for the management of rabies within the domestic livestock/animal industries. Nothing in this article shall preempt the Wyoming Livestock Board authority to manage domestic livestock or animals pursuant to any provision in title 11 of Wyoming Statutes.

(c.) Wyoming Department of Health. The Wyoming Department of Health is responsible for the management of human health issues and diseases. Nothing in this article shall preempt the Wyoming Department of Health authority to manage human health issues and diseases pursuant to any provision in title 35 of Wyoming Statutes.

(d..) Wyoming State Veterinary Laboratory. The Wyoming State Veterinary Laboratory is responsible for the testing and verification of rabies within an animal population. The ADMB may elect to use the services of the Wyoming State Veterinary Laboratory upon the execution of memorandums of understanding. Payments for services rendered shall be negotiated and agreed upon between parties.

Section 7. Submission of animals for testing.

(a.) The Wyoming State Veterinary Laboratory establishes the guidelines and protocols for submission of animals for testing. These guidelines and protocols are available from the laboratory.

Section 8. Vaccination protocols.

(a) Domestic Animals. All cat and dog owners are encouraged to have their pets kept current on their rabies vaccinations. Municipalities or county governments may require vaccinations. Upon establishment of a rabies district, all cat and dog owners are required to have their pets vaccinated.

Section 9. Post-exposure procedures and quarantines.

(a) All human exposures must be reported to the department of health.

(b) All domestic animal exposures must be reported to the livestock board.

(c) Wild Animals. Wild animals, domesticated wild animals, or hybrids for which there is no licensed rabies vaccine, must be euthanized if exposed to a rabid animal.

Section 10. Animal Importation.

(a.) No unregulated animal species or animal species defined as predators under W.S. 11-6-302 (xi) shall be imported into the state. Animals imported under permit as sanctioned by the Wyoming Animal Damage Management Board for research or study are exempt from this provision.

Section 11. Agreements generally.

(a.) The ADMB may enter into agreements with any person or government agency to carry out the provisions of the Wyoming Animal Damage Management Program.

Section 12. Enforcement.

(a.) Local animal control, health and law enforcement agencies in rabies control districts have authority to enforce the provisions established in these rules and the applicable requirements set forth by the rabies control district.

History

Effective 2003-11-19

27 Beef Council

Chapter 1 Beef Council

Wyo. Code R. 010.0014.1.06241998 Beef Council

RULES AND REGULATIONS

CHAPTER 1

WYOMING BEEF COUNCIL

Section 1. Authority. Pursuant to the authority vested in the Wyoming Beef Council by virtue of W.S. 11-37-104, the following rules and regulations are hereby promulgated.

Section 2. Definitions. The definitions set out in W.S. 11-37-102 are adopted and incorporated within these rules as well as the following:

(a) The term "funding request form" means the form designed by the Council and distributed to those who apply for Council funds setting out the name of the applicant responsible for the funds and the proposed use of the funds.

(b) The term "annual marketing plan" means the guidelines developed by the Council estab- lishing goals for Council funds for a fiscal year.

(c) The term "applicant" means a legal business entity registered with the Wyoming Secre- tary of State, or an individual, organization, association or foundation.

(d) The term "research" means studies relative to the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research and new product development.

(e) The term "promotion" means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace.

(f) The term "consumer information" means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing and use of beef and beef products.

(g) The term "industry information" means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry.

(h) The term "producer organization" means Wyoming farm bureau, farmers union, breed associations, Stockgrowers, Woolgrowers, Wyoming CattleWomen, Western Dairymen, W.I.F.E., Young Farmers, Grange and other organizations as recognized by the Council.

Section 3. Qualifications of an Applicant.

(a) An applicant must submit:

(i) Completed funding request form two (2) weeks prior to a Council meeting; (Projects with statewide or national impact will be given priority.) and

(ii) Any additional information required by the Council.

(b) The Council staff may:

(i) Provide the applicants with information concerning the Council and the applica- tion procedure; and

(ii) Use discretion in forwarding applications to the Council.

Section 4. Distribution of Council Funds in Accordance with Annual Marketing Plan.

(a) By July 1 of each new fiscal year as defined in W.S. 11-37-102, the Council may formu- late an Annual Marketing Plan.

(i) The Annual Marketing Plan shall set out the goals for Council funds as identified by the Council under the guidelines of W.S. 11-37-101 and 104.

(A) After the Council has approved funding, a signed contract or memoran- dum of understanding shall include, but is not limited to: accounting and reporting procedures, owner- ship of products developed with Council funds, an assignment clause, independent contractor clause, sovereign immunity clause, beginning and termination date, before any Council funds are released.

(B) Written amendments to the original contract or memorandum of under- standing must have Council approval.

(ii) The Annual Marketing Plan will be available to the public upon written request.

(b) The Council may consider the requirements of the Beef Promotion and Research Act 7 USC 2901 et.seq. and Order (7 CFR 1260) before distributing funds.

(d) The Council may refer funding requests to the appropriate national organization for an evaluation.

Section 5. Meetings: Conduct.

(a) The Council may meet every other month. The Council shall provide a notice of meeting nine (9) calendar days prior to meeting. Special meetings including telephone conference calls may be called by the chairman by providing timely notice of the meeting to each Council member and to any party requesting notice. Notices shall be sent to other interested parties.

(b) Before convening in executive sessions, the chairman shall publicly announce the pur- pose for exluding the public from the meeting place, and the time when the executive session will be concluded. An executive session shall be held in compliance with the Open Meetings Act.

(d) The chairman and the executive director shall prepare the agenda. Any member of the Council may request an item to be placed on the agenda. Agendas shall include those items requiring Council approval including, but not limited to, the Council's budget and financial statements, personnel action and contracts of the Council. Tentative agenda will be sent no fewer than five (5) calendar days before each Council meeting with support materials.

(e) The Council shall record votes in the following manner:

(i) If there is no dissent to a motion, the action shall be recorded as passed unani- mously. A Council member's dissenting or abstaining vote may be recorded by name at his/her request.

(f) The executive director will ensure recording of Council proceedings but may appoint a recording secretary to record the proceedings of the meetings. Minutes become official after approval by the Council and shall be retained as a permanent record of the Council. Minutes shall show:

(i) The date, time and place of the meeting;

(ii) The presiding officer;

(iii ) Members and guests in attendance;

(iv) Items discussed and disposition taken during the meeting;

(v) Action taken to recess to executive session with purpose and time stated; and

(vi) Time of adjournment.

(g) Unofficial minutes shall be delivered to Council members in advance of the next regu- larly scheduled meeting of the Council and shall also be available to other interested parties. Minutes need not be read publicly, provided that the Council members have had an opportunity to review them before adoption.

(h) A file of permanent minutes of all Council meetings will be maintained in the office of the Council to be made available for inspection upon the request of any interested parties.

Section 6. Election and Duties of Officers.

(a) The chairman and vice-chairman shall be elected at the first meeting after July 1 and shall take office upon being duly elected.

(b) The chairman, during his/her term of office, is responsible for interpretation of Council policy and general supervision of staff administration. The chairman or his/her designee will preside over meetings of the Council and may attend meetings of other producer organizations in his/her official capacity. The chairman's duties may include, but are not limited to:

(i) Suggesting agenda items for each meeting;

(ii) Representing the Council before other groups;

(iii) Communicating to the Council members;

(iv) Conferring with the executive director regarding Council matters on a regular basis; and

(v) When significant new issues arise, the chairman shall, whenever practical, consult with the other Council members and the executive director before speaking for the Council.

(c) The vice-chairman, during his/her term of office, may be called upon by the chairman to serve in the chairman's absence, fulfilling the duties of the higher office as delegated by the chairman.

(d) The secretary-treasurer shall be appointed by the chairman immediately following the chairman's election.

(e) Members of the Council shall have authority only when acting as a body legally in ses- sion or when directed by the Council. A member's duties and obligations are to:

(i) Become familiar with the general objectives of the Council, and with the policies of the Council;

(ii) Vote and act impartially and for the good of the Council;

(A) If a conflict of interest arises, the member with the conflict shall refrain from participating in the discussion or voting on the matter.

(iii) Identify and represent the concerns and points of view of the beef industry people that they represent and communicate information about the Council to them;

(iv) Support Council policies though one may personally disagree at the time of their formulation;

(v) Work harmoniously with the other members of the Council, neither dominating nor neglecting one's share of the responsibilities;

(vi) Discuss complaints and concerns with the executive director and other Council members; and

(vii) Represent the Council at the direction of the Council or the chairman at meetings of other organizations.

(A) Each Council member shall attend at least one National Cattlemen's Beef Association meeting annually.

(B) As determined by a vote of the Council, each Council member may attend other national meetings, ie., National Cattlemen's Beef Association and Meat Export Federation (MEF) as necessary to carry out their responsibilities as Council members.

Section 7. Procedure for Wyoming Beef Council Member Selection.

(a) The executive director will notify all Wyoming producer organizations as defined in Section 2 (h) of upcoming Council vacancies. A nomination form will be included with the notification letter.

(b) The executive director will prepare and distribute a press release regarding upcoming Council vacancies. The press release will state a nomination form can be obtained by contacting the executive director.

(d) All nomination forms are due to the Council Cheyenne office by May 1.

(e) All nomination forms and a cover letter authored by the Council chairman will be sent to the Governor by May 15 for a July 1 appointment. A copy of the cover letter will be sent to all Council members and each nominee listed in the letter.

(i) The cover letter may add comments regarding known facts of any of the candi- dates which may not be reflected on the respective nomination forms. These facts should be limited to only those which relate to the qualifications of a person to fill that position.

Section 8. Procedure for Appointing National Directors.

(a) Any appointment to a national, commission, association or organization which arises due to the contribution of funds or dues under Council control shall be made upon receipt of letters of nomina- tion from persons actively involved in the livestock industry or producer organizations. The terms of appointment will be for three (3) years. Interested persons may nominate themselves.

(i) The executive director will notify all Wyoming producer organizations as defined in Section 2 (h) of national director vacancies. A nomination form will be included with the notification letter.

(ii) The executive director will prepare and distribute a press release regarding up- coming national director vacancies. The press release will state a nomination form can be obtained by contacting the executive director.

(iii) All nomination forms are due to the Council Cheyenne office by the date specified by the Council.

(iv) On the date specified by the Council nominees will be interviewed by the Council. The Council will appoint the national director after all interviews are completed.

(b) The Council has authority to remove national directors as necessary.

(i) The Council may earmark a dollar-specific amount to the National Cattlemen's Beef Association for foreign market programs.

(ii) The Council may appoint up to two (2) Wyoming MEF Directors. The two (2) directors may attend the U.S. MEF meetings at the Council's expense. A duly appointed director could serve no more than two (2) continuous three-year terms.

(iii) When a Wyoming MEF director has been selected to move through the chairs to become national chairman, the Council may waive the two (2) consecutive three-year term limit and grant an additional three-year term for completion of movement through the chairs.

(d) Procedure for Appointing National Cattlemen's Beef Association (NCBA) Checkoff Division Directors.

(i) The Council may appoint Wyoming NCBA Checkoff Division Directors accord- ing to the National Cattlemen's Beef Association Marketing (Checkoff) division Investment Schedule. The directors will attend the NCBA meetings at NCBA expense. A duly appointed director could serve no more than two (2) continuous three-year terms.

(ii) When a Wyoming NCBA Checkoff Division director has been selected to move through the chairs to become national chairman, the Council may waive the two (2) consecutive three- year term limit and grant an additional three-year term for completion of movement through the chairs.

Section 9. Relations with Others.

(a) Every effort shall be made to furnish accurate objective information to producers when requested.

(b) Every effort shall be made to furnish accurate objective information to appropriate state agencies when requested.

(i) The executive director shall provide that the Council's policies and positions are presented whenever issues arise that relate to those policies of positions.

(c) A major focus of the Council is to develop and maintain a positive image for the beef industry and the beef products that are consumed by the public.

(d) The executive director shall issue media releases when he/she considers such information to be of promotional benefit to the industry and of informative value to the industry.

(e) Every effort shall be made to seek cooperation and communication with state- level producer organizations and other such orgnizations as deemed necessary.

(f) The Council shall neither endorse nor oppose candidates for political office, either parti- san or nonpartisan.

Section 10. Authorization of Expenditures.

(a) The executive director may purchase or provide necessary capital equipment, supplies and services for the Council to a maximum of five hundred dollars ($500.00) per purchase. Capital purchases in excess of that amount are subject to the approval of the Council.

(b) The executive director shall supply each member of the Council with monthly Council financial statements. The statements shall be mailed monthly.

(d) Inventory records shall be maintained on physical property under control of the inventory coordinator of the Wyoming Department of Agriculture. Acquisitions and property that is disposed of as "surplus property" shall be recorded on the Wyoming Department of Agriculture's perpetual inventory records.

(e) The Council shall establish a headquarters for the conduct of operations.

Section 11. Research.

(a) The Council may assist in the funding of research projects that will significantly contrib- ute to regaining and sustaining profitability in the industry.

History

Effective 1998-06-24

Chapter 2 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0014.2.05292019 § 1 Authority

These rules are promulgated by the Wyoming Beef Council pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2019-05-29

Wyo. Code R. 010.0014.2.05292019 § 2 Purpose

The Wyoming Beef Council hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2019-05-29

Wyo. Code R. 010.0014.2.05292019 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2019-05-29

Wyo. Code R. 010.0014.2.05292019 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2019-05-29

Wyo. Code R. 010.0014.2.05292019 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost (vi) Photograph. Actual Cost (vii) Utilization of an outside vendor for copying. Actual Cost (viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii) (ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. $0.10/page

(ii) Electronic Media (disk, thumb drive, etc.). Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. Actual Cost

(ii) Facsimile. Actual Cost

History

Effective 2019-05-29

15 Conservation Districts Financial Policies

Chapter 1 Wyoming Conservation Districts Financial Policies

Wyo. Code R. 010.0002.1.08222005 Wyoming Conservation Districts Financial Policies

WYOMING CONSERVATION DISTRICTS FINANCIAL POLICIES

CHAPTER 1

Section 1. Purpose.

These Rules and Regulations implement the Wyoming Conservation Districts Law (W.S. 11-16-101) by setting forth the requirements for receiving funds allocated by the state board of agriculture.

Section 2. Authority.

These rules are adopted pursuant to the Wyoming Conservation Districts Law W.S. 11-16-101 through W.S. 11-16-134.

Section 3. Definitions.

As used in this Chapter and in addition to the definitions found in W.S. 11-16-102 (a), the following terms are defined:

(a) "Blanket bond" means an insurance bond that applies the bond limit to the entire loss regardless of the number of employees and supervisors involved.

(b) "Blanket position bond" means an insurance bond that applies the bond limit to the each individual employee or supervisor covered.

(d) "Department" means the Wyoming Department of Agriculture.

(e) "Dishonesty bond" means an insurance bond that insures the conservation district against loss sustained through any fraudulent or dishonest act of the employees.

(f) "Employee" means any individual employed by the conservation district that is not considered an independent contractor.

(g) "Faithful performance bond" means an insurance bond that insures the conservation district against loss sustained through the failure of an employee to perform faithfully his duties or to account properly for funds.

(h) "Supervisor" means an elected member of the conservation district board.

(j) "Cash on hand" means funds in checking, savings, and reserve accounts, or easily accessible funds.

Section 4. Requirements for bonding.

(a) Conservation districts are required (W.S. 11-16-118) to purchase insurance bonds to protect the district from any loss that might occur as a result of employee or supervisor theft or fraud.

(b) Conservation districts may choose which type of bond to purchase as long as all employees and supervisors are covered under the bond. Conservation districts may choose from the following insurance bond types:

(i) Dishonesty bond

(ii) Faithful performance bond

(iii) Blanket bond

(iv) Blanket position bond

(c) The amount of the bond purchased must be equal to or greater than 10% of the total revenue for the fiscal year and 20% of the cash on hand.

Section 5. Reporting.

(a) Conservation districts are required to submit to the department a copy of the insurance bond and proof of the total anticipated revenue for the fiscal year.

(b) The reporting information will be due on August 30 of each year.

(c) The District shall provide the Department with demonstration that the additional risk management practices contained in Section 6 were conducted accordingly. Demonstration shall be in the form of a letter outlining actions taken and copies of Board meeting minutes in which such action was formally approved.

(d) The Department will require the insurance company to provide notice of change in district bonding status within thirty (30) days of change.

Section 6. Additional risk management practices

(a) There must be two original signatures on each check issued by the district, on all accounts held by the district, one of which shall be a district supervisor.

(b) Each voucher prepared by a district must contain the following perjury statement:

(i) Certification. I hereby certify, under penalty of perjury, that this voucher, and the items included herein for payment, are correct and just in all respects.

(c) Blanket vouchers may be used but the perjury statement shall be placed on each individual invoice and signed and dated by the vendor or conservation district employee responsible for the purchase.

(d) Bank statements must be reconciled each month. The District board shall, at a minimum on a quarterly basis review, at a regularly scheduled board meeting, the District=s reconciliation report and original bank statement.

(e) Authorization to incur debt. The district board shall take formal action, and such action shall be recorded in the proceedings of the district minutes, to establish district employees and supervisors with authorization to incur debt on behalf of the district and establish limits of such debt. Such designees and limits shall be provided to businesses in which the District intends to establish accounts.

(f) No district shall obtain or utilize a debit card.

Section 7. Worker's compensation and unemployment insurance

(a) The District shall provide the Department proof of enrollment in the state worker=s compensation plan, unemployment insurance program and local government liability insurance coverage.

Section 8. Penalties.

(a) Failure to adhere to these rules will result in the Conservation District being ineligible for funding provided by the board of agriculture and the department either in the form of grants or biennium funding.

History

Effective 2005-08-22

16 Food Safety, Wyoming

Chapter 1 Purpose, Variances, Definitions, Demonstration of Knowledge, and Health Status

Wyo. Code R. 010.0003.1.12102012 Purpose, Variances, Definitions, Demonstration of Knowledge, and Health Status

CHAPTER 1

PURPOSE, VARIANCES, DEFINITIONS, DEMONSTRATION OF KNOWLEDGE, AND HEALTH STATUS

Section 1. Authority. Pursuant to the authority vested in the director of the Wyoming department of agriculture by virtue of W.S. 35-7-120, 35-7-123 (a) (iii), and 35-7-127, together with the department of health and the governor's food safety council established pursuant to W.S. 35-7-127, the following rules are hereby promulgated.

Section 2. Wyoming Food Safety Rule.

(a) These provisions shall be known as the Wyoming Food Safety Rule, hereinafter referred to as this Rule.

Section 3. Statement of Purpose.

(a) The purpose of this Rule is to safeguard public health and assure consumers that food is safe, unadulterated, and honestly presented.

(b) This Rule establishes definitions; sets standards for management and personnel, food operations, equipment and facilities; and provides for establishment or processing plant plan review, license issuance, inspection, employee restriction, and license suspension.

Section 4. Public Health Protection.

(a) The regulatory authority shall apply this Rule to promote its underlying purpose of safeguarding the public health and assuring that food is safe, unadulterated, and honestly presented when offered to the consumer.

(b) In enforcing the provisions of this Rule, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this Rule based on the following considerations:

(i) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

(ii) Whether food-contact surfaces comply with Chapter 6, Section 13;

(iii) Whether the capacities of cooling, heating, and holding equipment

are sufficient to comply with Chapter 3, Section 30; and

(iv) The existence of a documented agreement with the license holder that the facilities or equipment will be replaced as specified under Chapter 2, Section 12

(a) (vii), or upgraded or replaced as specified under Chapter 2, Section 12 (a)(vii)(A).

Section 5. Variances of Modifications and Waivers.

(a) The Wyoming department of agriculture may grant a variance by modifying or waiving the requirements of this Rule if in the opinion of the Wyoming department of agriculture a health hazard or nuisance will not result from the variance. If a variance is granted, the Wyoming department of agriculture shall retain the information specified under Chapter 1, Section 6, in its records for the establishment or processing plant.

Section 6. Documentation of Proposed Variance and Justification.

(a) Before a variance from a requirement of this Rule is approved, the information that shall be provided by the person requesting the variance and retained in the Wyoming department of agriculture's file on the establishment or processing plant must include:

(i) A statement of the proposed variance of the Rule requirement citing relevant Rule Section numbers;

(ii) An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant Rule Sections will be alternatively addressed by the proposal; and

(iii) A HACCP Plan if required as specified under Chapter 10, Section 1(a) that includes the information specified under Chapter 10, Section 2, as it is relevant to the variance requested.

Section 7. Variance Requirements.

(a) If the Wyoming department of agriculture grants a variance as specified in Chapter 1, Section 6, or a HACCP plan is otherwise required as specified under Chapter 10, Section 1, the license holder shall:

(i) Comply with the HACCP Plan and procedures that are submitted as specified under Chapter 10, Section 2, and approved as a basis for the modification or waiver; and

(ii) Maintain and provide to the Wyoming department of agriculture, upon request, records specified under Chapter 10, Section 2 (a) (iv) and (v), that demonstrate that the following are routinely employed:

(A) Procedures for monitoring critical control points;

(B) Monitoring of the critical control points;

(D) Necessary corrective actions if there is failure at a critical control point.

Section 8. Applicability and Terms Defined.

(a) The following terms are defined and apply in the interpretation and application of this Rule.

(i) "Accredited program."

(A) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.

(B) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.

(ii) "Additive."

(A) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, §201(s) and 21 CFR 170.3 (e) 1 Food Additives.

(B) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, §201 (t) and 21 CFR 70.3 (f) Color Additives.

(iii) "Administrative meeting" means an informal meeting conducted by the Wyoming department of agriculture for the purpose of facilitating a mutually agreed

upon plan of compliance for the license holder.

(iv) "Adulterated" has the meaning stated in the Federal Food, Drug and Cosmetic Act § 402 and 9 CFR 301.2 Definitions.

(v) "Animals" means but is not limited to livestock as defined in 9 CFR 301 Definitions, poultry as defined in 9 CFR 381.1 Definitions, or exotic animals as defined in 9 CFR 352.1 Definitions, and fish.

(vi) "Approved" means acceptable to the regulatory authority based on determination of conformity with principles, practices, and generally recognized standards that protect public health.

(vii) "Approved source" when used in reference to a bottled water plant's water product or water used in the plant's operations, means the source(s) of the water whether it be from a spring, artesian well, drilled well, municipal water supply, or any other source that has been inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality in accordance with the applicable laws and regulations of the State of Wyoming. The presence in the plant of current certificates or modifications of approval from the State Engineer shall constitute approval of the source in the case of non-municipal water supplies.

(viii) "Approved water source" means any public water source or private well that has been routinely sampled and verified to not have contaminants in excess of the legal maximum contaminant levels as outlined in the primary Environmental Protection Agency (EPA) water quality standards.

(ix) "Artesian water" means bottled water from a well tapping an aquifer in which the water level will stand above the bottom of the confining bed of the aquifer and in which the hydraulic pressure of the water in the aquifer is greater than the force of gravity. "Artesian well water" shall meet the requirements of "natural water."

(x) "Asymptomatic."

(A) "Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

(B) "Asymptomatic" includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.

(xi) "a_w" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol a_w.

(xii) "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.

(xiii) "Bed and breakfast facility" means a private home which is used to provide temporary accommodations for a charge to the public with not more than four (4) lodging units or not more than a daily average of eight (8) persons per night during any thirty (30) day period and in which no more than two (2) family style meals are provided per twenty four (24) hour period.

(xiv) "Beverage" means a liquid for drinking, including water.

(xv) "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

(xvi) "Bulk water hauler" means a person who hauls water in a bulk tank or in containers of 250 gallons or more for human consumption or for use in a licensed establishment or processing plant.

(A) A person hauling bulk water for private use in their own home is exempt from the bulk water requirements in this Rule.

(xvii) "Carcass" means all or any part of a slaughtered animal, including viscera, which is capable of being used for human consumption.

(xviii) "Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.

(xix) "Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.

(xx) "CFR" means Code of Federal Regulations. Citations in this Rule to the CFR refer sequentially to the Title, Part, and Section numbers, such as 21 CFR 178.1010 refers to Title 21, Part 178, Section 1010.

(xxi) "CIP."

(A) "CIP" means cleaned in place by circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.

(B) "CIP" does not include the cleaning of equipment such as

band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

(xxii) "Code of Federal Regulations" means the compilation of the general and permanent regulations published in the Federal Register by the executive departments and agencies of the federal government which:

(A) Is published annually by the U.S. Government Printing Office; and

(B) Contains FDA regulations in 21 CFR, USDA regulations in 7 CFR and 9 CFR, EPA regulations in 40 CFR, and Wildlife and Fisheries regulations in 50 CFR.

(xxiii) "Comb honey" means honey contained in the cells of the comb in which it is produced.

(xxiv) "Commingle" means:

(A) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or

(B) To combine shucked shellfish from containers with different container codes or different shucking dates.

(xxv) "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing.

(A) "Comminuted" includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two (2) or more types of meat that have been reduced in size and combined, such as sausages made from two (2) or more meats.

(xxvi) "Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.

(xxvii) "Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

(xxviii) "Consumer" means a person who is a member of the public, who takes possession of food, who is not functioning in the capacity of an operator of an establishment or processing plant, or who does not offer the food for resale.

(xxix) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.

(xxx) "Contract veterinarian" means a graduate of a school of veterinary medicine accredited by the American Veterinary Medical Association who provides services for the department under contract, and who is licensed to practice veterinary medicine in the state of Wyoming."

(xxxi) "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of use environment.

(xxxii) "Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

(xxxiii) "Cottage food business" means a business which produces not potentially hazardous food for sale at farmers' markets, roadside stands, private homes, or functions utilizing the home style equipment in the kitchen of a private home.

(xxxiv) "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk

(xxxv) "Critical item."

(A) "Critical item or critical violation" means a provision of this Rule, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.

(xxxvi) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

(xxxvii) "Cured" means meat to which specific non-meat ingredients have been incorporated by dry addition or use of aqueous solutions to affect preservation, safety, flavor, and/or color. The non-meat ingredients must include salt (sodium chloride), and most often include sodium nitrite/nitrate. In addition, sugar (sucrose) or other sweetening agents are frequently used.

(xxxviii) "Custom carcass or meat" means carcasses, meat, meat food products or meat by-products which were slaughtered, dressed or otherwise processed by license holders.

(xxxix) "Department" means the Wyoming department of agriculture.

(xl) "Director" means the director of the Wyoming department of agriculture or his duly authorized representative.

(xli) "Disinfectant" means any oxidant, including but not limited to, chlorine, chlorine dioxide, chloramines and ozone added to water in any part of the treatment or distribution process that is intended to kill or inactivate pathogenic microorganisms.

(xlii) "Distilled water" means bottled water which has been produced by a process of distillation and meets the definition of purified water in the 21st Edition of the United States Pharmacopeia.

(xliii) "Distressed merchandise" means any food:

(A) Which has had the label lost;

(B) Which has been subjected to possible damage due to accident, fire, flood, adverse weather, or any other similar cause; or

(xliv) "Drinking water."

(A) "Drinking water" means water that meets 40 CFR 141 National Primary Drinking Water Regulations.

(B) "Drinking water" is traditionally known as "potable water."

(C) "Drinking water" includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.

(xlv) "Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

(xlvi) "Easily cleanable."

(A) "Easily cleanable" means a characteristic of a surface that:

(I) Allows effective removal of soil by normal cleaning methods;

(II) Is dependent on the material, design, construction, and installation of the surface; and

(III) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

(B) "Easily cleanable" includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under Subparagraph (A) of this definition, to different situations in which varying degrees of cleanability are required such as:

(I) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(II) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(xlvii) "Easily movable" means:

(A) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

(B) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

(xlviii) "Edible" means intended for use as human food.

(xlix) "Egg"

(A) "Egg" means the shell egg of avian species such as chicken, turkey, duck, goose, guinea, quail or ratite.

(B) "Egg" does not include:

(I) A balut;

(II) The egg of reptile species such as alligator; or

(III) An egg product.

(l) "Egg Product."

(A) "Egg Product" means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs.

(B) "Egg Product" does not include food which contains eggs only in a relatively small proportion such as cake mixes.

(li) "Employee" means the license holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in an establishment or processing plant.

(lii) "Enterohemorrhagic Escherichia coli" (EHEC) means E. coli which cause hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that have the capacity to produce Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of STEC, whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E.coli O111:NM. Also see shiga toxin-producing e. coli.

(liii) "EPA" means the U.S. Environmental Protection Agency.

(liv) "Equipment."

(A) "Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.

(B) "Equipment" does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

(lv) "Establishment."

(A) "Establishment" means and includes any place or any area of any establishment in which food, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored:

(I) Including but not limited to, a restaurant; retail store; meat slaughter or processing plant, dairy production and processing; bed and 1-10 breakfast; bulk water hauler; satellite, group day care center or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and

(II) That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

(B) "Establishment" includes:

(I) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and

(II) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.

(I) A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or use at farmers' markets, roadside stands, private homes or functions.

(II) An area where food that is prepared as specified in Subparagraph (C) (I) of this definition, is sold;

(III) A kitchen in a private home, such as a small family day-care provider;

(IV) A private home that receives catered or home- delivered food;

(V) A home kitchen where food is prepared and stored for family consumption; or

(VI) Any other place equipped for the preparation, consumption and storage of food on the premise by employees or nonpaying guests.

(lvi) "Establishment number" means an official number assigned by the director to each establishment and included on the inspection legend and label to identify all inspected and passed carcasses, meat, meat food products and meat by-products handled in that establishment.

(lvii) "Exclude" means to prevent a person from working as a food employee or entering an establishment or processing plant as a food employee.

(lviii) "Exotic animal" means any reindeer, elk, deer, antelope, water buffalo or bison.

(lix) "Extracted honey" means honey that has been separated from the comb by centrifugal force, gravity, straining, or by other means.

(lx) "Farmers market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products and other items directly to consumers.

(lxi) "FDA" means the U.S. Food and Drug Administration.

(lxii) "Family style meals" means a meal prepared in a bed and breakfast facility or ranch recreation facility and served in the same facility around a common table(s). At no time would a menu or a preselected list of foods be available, and all foods not consumed, which were of a potentially hazardous nature, would be discarded following the meal.

(lxiii) "Federal inspection" means meat and poultry inspection services conducted or approved by the meat inspection division and the poultry inspection division of the United States Department of Agriculture.

(lxiv) "Federal Meat Inspection Act" means the act of congress approved March 4, 1907, and extended and the imported meat provisions of subsections 306 (b) and (c) of the Tariff Act of 1930 and 9 U.S.C. 1306 (b) and (c).

(lxv) "Federal Poultry Products Inspection Act" means the act of congress approved August 28, 1957, by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451.

(lxvi) "Fish."

(A) "Fish" means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.

(B) "Fish" includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

(lxvii) "Fluoridated water" means bottled water containing naturally occurring or added fluoride. The label shall specify whether the fluoride is naturally occurring or added. Any water which meets the definition of this paragraph shall contain not less than 0.7 and not more than 1.4 mg/l fluoride ions and otherwise comply with the Food and Drug Administration quality standards set forth in 21 CFR 165.110 Bottled Water.

(lxviii) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(lxix) "Foodborne disease outbreak" means the occurrence of two (2) or more cases of a similar illness resulting from the ingestion of a common food.

(lxx) "Food-contact surface" means:

(A) A surface of equipment or a utensil with which food normally comes into contact; or

(B) A surface of equipment or a utensil from which food may drain, drip, or splash:

(I) Into a food; or

(II) Onto a surface normally in contact with food.

(lxxi) "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(lxxii) "Function" means any official ceremony or organized social occasion.

(lxxiii) "Game animals" means any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose or bear.

(lxxiv) "General use pesticide" means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175 Pesticides classified for restricted use.

(lxxv) "Grade A standards" means the requirements of the United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance and Grade A Condensed and Dry Milk Ordinance with which certain fluid and dry milk and milk products must comply.

(lxxvi) "HACCP plan" means a written document that delineates the Formal procedures for following the Hazard Analysis Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

(lxxvii) "Handwashing Sink."

(A) "Handwashing sink" means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands.

(B) "Handwashing sink" includes an automatic handwashing facility.

(lxxivii) "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

(lxxix) "Health officer" means the person appointed by the director of the department of health pursuant to W.S. 9-2-101(f) and 9-2-103.

(lxxx) "Health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional.

(lxxxi) "Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

(lxxxii) "Highly susceptible population" means a group that is composed of persons who are more likely than other groups of persons in the general population to experience foodborne disease because they are:

(A) Immunocompromised, older adults, or preschool age children; and

(B) Obtain food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

(lxxxiii) "Honey" means a food product which is the nectar and saccharin exudation of plants gathered, modified, and stored in the comb by honey bees; is levorotatory; and contains not more than twenty-five percent (25%) of water, not more than twenty-five hundredths percent (.25%) of ash, nor more than eight percent (8%) sucrose.

(lxxxiv) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

(A) The number of potential injuries; and

(B) The nature, severity, and duration of the anticipated injury.

(lxxxv) "Injected" means manipulating a meat to which a solution has been introduced into its interior by processes that are referred to as "injecting," "pump marinating" or "stitch pumping."

(lxxxvi) "Juice."

(A) "Juice," when used in the context of food safety, means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree.

(B) "Juice" does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.

(lxxxvii) "Kitchenware" means food preparation and storage utensils.

(lxxxviii) "Law" means applicable local, state, and federal statutes, rules, regulations, and ordinances.

(lxxxix) "License" means the document issued by the regulatory authority that authorizes a person to operate an establishment or a processing plant.

(xc) "License holder" means the entity that:

(A) Is legally responsible for the operation of the establishment

or processing plant such as the owner, the owner's agent, or other person; and

(B) Possesses a valid license to operate an establishment or processing plant.

(xci) "Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

(xcii) "Lodging unit" means a room with one (1) or more beds, bunks or other facilities for sleeping purposes for an unspecified number of persons.

(xciii) "Major Food Allergen."

(A) "Major food allergen" means:

(I) Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or

(II) A food ingredient that contains protein derived from a food, as specified in Subparagraph (A)(I) of this definition.

(B) "Major food allergen" does not include:

(I) Any highly refined oil derived from a food specified in Subparagraph (A)(I) of this definition and any ingredient derived from such highly refined oil; or

(II) Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).

(xciv) "Manufactured" means meat which has been processed by curing, smoking, canning, cooking, freezing, dehydration, production of intermediate moisture products, and/or the use of certain additives, chemicals, and enzymes into a product different from the starting raw material. This definition shall not include simple grinding, cutting, or mixing.

(xcv) "Manufacturing Milk" means milk for manufacturing purposes produced for processing and manufacturing into products for human consumption but not subject to Grade A or comparable requirements.

(xcvi) "Meat" means the edible part of the muscle of animals, which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing; it does not include the muscle found in the lips, snout or ears.

(A) This definition shall be limited to livestock as defined in 9 CFR 301.2 Definitions.

(xcvii) "Meat by-product" means any edible part of an animal other than meat or meat food products.

(xcviii) "Meat food product" means any article of food for human consumption or any article which enters into the composition of food for human consumption, which is derived or prepared in whole or in part from any portion of any animal, except organotherapeutic substances, meat juices, meat extract and the like which are only for medicinal purposes and are advertised only to the medical profession; any edible part of the carcass which has been manufactured, cured, smoked, processed or otherwise treated shall be considered a meat food product.

(xcix) "Mechanically Tenderized."

(A) "Mechanically tenderized" means manipulating meat with deep penetration by processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades, pins, needles or any mechanical device.

(B) "Mechanically tenderized" does not include processes by which solutions are injected into meat.

(ci) "Milk grader or milk hauler" means any person who samples, approves or rejects raw milk for utilization in milk products.

(cii) "Milk tester" means any person who tests samples of milk taken by a milk grader for the purpose of determining compliance with this Rule, the United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance, or for payment purposes.

(ciii) "Mineral water" means bottled water that contains not less than 500 parts per million mineral solids. "Mineral water" shall meet the requirements of "Natural water."

(civ) "Misbranded" has the meaning stated in the Federal Food, Drug and Cosmetic Act, 21 USC 343 or 9 CFR 301.2 Definition.

(cv) "Mobile establishment" means an establishment designed to be readily movable such as a vehicle-mounted unit or a pushcart.

(cvi) "Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

(cvii) "Natural water" means bottled spring, artesian well, or well water which is not derived from a public system and which is unmodified by blending with water from another source or by mineral addition or deletion, except as it relates to ozonation or equivalent disinfection and filtration.

(cviii) "Non-continuous cooking."

(A) "Non-continuous cooking" means the cooking of food in a food establishment or processing plant using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service.

(B) "Non-continuous cooking" does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.

(cix) "Non-salvageable merchandise" means "distressed merchandise," which cannot be safely or practically reconditioned.

(cx) "Not potentially hazardous food" means any food which does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation. The natural pH or the final pH of acidified food must be 4.6 or less.

(cxi) "Official establishment" means any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulatory authority and this Rule.

(cxii) "Official inspection legend" means any symbol prescribed by the director showing that an article was inspected and passed in accordance with this Rule.

(cxiii) "Official inspection mark" means any symbol prescribed by the director for the purpose of identifying the inspection status of any article so inspected.

(cxiv) "Packaged."

(A) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in an establishment or processing plant.

(B) "Packaged" does not include a wrapper, carry-out box, or other nondurable container used to contain food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

(cxv) "Perishable" means there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled.

(cxvi) "Person" means an individual, partnership, a corporation, association, other legal entity, government, or governmental subdivision or agency.

(cxvii) "Person in charge" means the individual present at an establishment or processing plant who is responsible for the operation at the time of inspection.

(cxviii) "Personal care items."

(A) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.

(B) "Personal care items" include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(cxix) "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral.

(cxx) "Physical facilities" means the structure and interior surfaces of an establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(cxxi) "Plumbing fixture" means a receptacle or device that:

(A) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(B) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

(cxxii) "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

(cxxiii) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in the following four (4) categories:

(A) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(B) Pesticides except sanitizers, which include substances such as insecticides and rodenticides;

(C) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and

(D) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(cxxiv) "Potentially Hazardous Food (Time/Temperature Control for Safety Food)."

(A) "Potentially hazardous food (time/temperature control for safety food)" means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(B) "Potentially hazardous food (time/temperature control for safety food)" includes:

(I) An animal food that is raw or heat-treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way to be unable to support pathogenic microorganism growth or toxin formation; and

(II) Except as specified in Subparagraph (C)(IV) of this definition, a food that because of the interaction of its Aw and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition:

| Table A. Interaction of pH and aw for control of spores in food heat treated to destroy vegetative cells and subsequently packaged | | | | | --- | --- | --- | --- | | Aw values | pH | | | | 4.6 or less | > 4.6 - 5.6 | > 5.6 | | | <0.92 | non-PHF*/nonTCS food** | non-PHF/nonTCS food | non-PHF/nonTCS food | | > 0.92- 95 | non-PHF/nonTCS food | non-PHF/nonTCS food | PA*** | | > 0.95 | non-PHF/nonTCS food | PA | PA | | * PHF means potentially hazardous food ** TCS food means time/temperature control for safety food *** PA means Product Assessment required | | | |

| Table B. Interaction of pH and Aw for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged | | | | | | --- | --- | --- | --- | --- | | Aw values | pH | | | | | < 4.2 | 4.2 - 4.6 | > 4.6 - 5.0 | > 5.0 | | | < 0.88 | non-PHF*/ non-TCS food** | non-PHF/ non-TCS food | non-PHF/ non-TCS food | non-PHF/ non-TCS food | | 0.88 – 0.90 | non-PHF/ non-TCS food | non-PHF/ non-TCS food | non-PHF/ non-TCS food | PA*** | | > 0.90–0.92 | non-PHF/ non-TCS food | non-PHF/ non-TCS food | PA | PA | | > 0.92 | non-PHF/ non-TCS food | PA | PA | PA | | * PHF means Potentially Hazardous Food ** TCS food means time/temperature control for safety food *** PA means Product Assessment required | | | | |

(I) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

(II) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(III) A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of this definition;

(IV) A food that is designated as Product Assessment Required (PA) Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:

(1.) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients,

(2.) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or

(3.) A combination of intrinsic and extrinsic factors; or

(V) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs

(C) (I) - (C)(IV) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

(cxxv) "Poultry."

(A) "Poultry" means:

(I) Any domesticated bird (chickens, turkeys, ducks, geese, guineas or ratites), whether live or dead, as defined in 9 CFR 381 Poultry Products Inspection Regulations; and

(II) Any migratory waterfowl, game bird, such as pheasant, partridge, quail, grouse, guinea, pigeon, or squab, whether live or dead, as defined in 9 CFR 362 Voluntary Poultry Inspection Regulations.

(cxxvi) "Premises" means:

(A) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or

(B) The physical facility, its contents, and the land or property not described under Subparagraph (A) of this definition, if its facilities and contents are under the control of the license holder and may impact the establishment or processing plant personnel, facilities, or operations, if an establishment or processing plant is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(cxxvii) "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

(cxxviii) "Processed" as applied to meat products means fresh meat which has been altered to affect preservation and/or manufacture of meat products, except for simple grinding, cutting, or mixing. This includes curing, smoking, canning, cooking, freezing, dehydration, production of intermediate moisture products, and the use of certain additives, chemicals, and enzymes. Processed does not include otherwise unprocessed meats that are sold in a frozen state.

(cxxix) "Processing plant."

(A) "Processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as processing plants or establishments, and may provide food directly to a consumer.

(B) "Processing plant" does not include an establishment as defined under Chapter 1, Section 8 (lvi).

(cxxx) "Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations.

(cxxxi) "Purified water" means bottled water produced by distillation, deionization, reverse osmosis, or other suitable process and meets the requirements of purified water in the 21st Edition of the United States Pharmacopeia. Water which meets the definition of this paragraph, and is vaporized, then condensed, may be labeled "distilled water."

(cxxxii) "Ranch recreation facility" means a ranch/farm facility containing or having under use agreement one hundred sixty (160) acres or more which may for a charge to the public provide activities for not more than a daily average of eight (8) persons in any given thirty (30) day period or may include sleeping facilities in not more than four (4) sleeping units along with accompanying family style meals. Meals and lodging shall be considered an adjunct to the activities which take place on the ranch and are not available to non-registered guests. This definition does not apply to a dude ranch.

(cxxxiii) "Ratite" means a group of flightless birds including ostriches, cassowaries, kiwis, emus, etc., having undeveloped wings and a breastbone without a keel.

(cxxxiv) "Ready-to-eat food."

(A) "Ready-to-eat food" means food that:

(I) Is in a form that is edible without additional preparation to achieve food safety, as specified under Chapter 3, Section 41(a)-(c), Section 42, or Section 34; or

(II) Is a raw or partially cooked animal food and the consumer is advised as specified under Chapter 3, Section 41(d)(i) and (ii); or

(III) Is prepared in accordance with a variance that is granted as specified under Chapter 3, Section 41(d)(i) and (iii); and

(IV) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

(B) "Ready-to-eat food" includes:

(I) Raw animal food that is cooked as specified under Chapter 3, Sections 41 and 42, or frozen as specified under Chapter 3, Section 34;

(II) Raw fruits and vegetables that are washed as specified under Chapter 3, Section 40;

(III) Fruits and vegetables that are cooked for hot holding, as specified under Chapter 3, Section 43;

(IV) All potentially hazardous food that is cooked to the temperature and time required for the specific food under Chapter 3, Section 41, 42, 43, and cooled as specified in Chapter 3, Section 31;

(V) Plant food for which further washing, cooking, or other processing is not required for food safety and from which rinds, peels, husks, or shells, if naturally present, are removed;

(VI) Substances derived from plants such as spices, seasonings, and sugar;

(VII) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

(VIII) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

(IX) Foods manufactured according to 21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

(cxxxv) "Reconditioning" means any appropriate process or procedure by which distressed merchandise can be brought into compliance with the standards of the regulatory authority for consumption or use by the public.

(cxxxvi) "Reconstituted" means dehydrated food products recombined with water or other liquids.

(cxxxvii) "Reduced oxygen packaging."

(A) "Reduced oxygen packaging" means:

(I) The reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the surrounding 21% oxygen atmosphere; and

(II) A process as specified in Subparagraph (A)(I) of this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.

(B) "Reduced oxygen packaging" includes:

(I) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;

(II) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;

(III) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material;

(IV) Cook chill packaging, in which cooked food is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or

(V) Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

(cxxxviii) "Refuse" means solid waste not carried by water through the sewage system.

(cxxxix) "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the establishment or processing plant.

(cxl) "Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens; and unwrapped single-service or single-use articles.

(cxli) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590 Inspection of Eggs and Egg Products (Egg Products Inspection Act).

(cxlii) "Restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.

(cxliii) "Re-service" means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person.

(cxliv) "Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

(cxlv) "Safe materials" means:

(A) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;

(B) An additive that is used as specified in Section 409 or 706 of the Federal Food, Drug, and Cosmetic Act; or

(C) Other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

(cxlvi) "Salvage distributor" means a person who engages in the business of selling, distribution or otherwise trafficking in any distressed or salvaged merchandise.

(cxlvii) "Salvage handler" means a person who engages in the business of handling distressed merchandise at the scene of an accident, fire, flood or other disaster, with or without taking ownership of the distressed merchandise.

(cxlviii) "Salvage processing plant" means an establishment primarily engaged in the business of reconditioning or by other means salvaging distressed merchandise and which sells or distributes salvaged merchandise for human or animal consumption or use.

(cxlix) "Salvageable merchandise" means any distressed merchandise which can be reconditioned to the satisfaction of the regulatory authority.

(cl) "Salvaged merchandise" means distressed merchandise which has been reconditioned.

(cli) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety nine and nine hundred ninety nine thousandths percent (99.999%) reduction, of representative disease microorganisms of public health importance.

(clii) "Sealed" means free of cracks or other openings that allow the entry or passage of moisture.

(cliii) "Service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(A) Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.

(B) The work or tasks performed by a service animal must be directly related to the handler's disability.

(cliv) "Servicing area" means an operating base location to which a mobile establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

(clv) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(clvi) "Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

(clvii) "Shellstock" means raw, in-shell molluscan shellfish.

(clviii) "Shiga toxin-producing Escherichia coli" means any E. coli capable of producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). Examples of serotypes of STEC include both O157 and non-O157 E. coli. Also see Enterohemorrhagic Escherichia coli.

(clix) "Shucked shellfish" means molluscan shellfish that have one or both shells removed.

(clx) "Single-service article" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

(clxi) "Single-use articles."

(A) "Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded.

(B) "Single-use articles" include items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number ten (10) cans which do not meet the materials, durability, strength, and cleanability specifications under Chapter 6, Sections 1, 13 and 16, for multi-use utensils.

(clxii) "Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -10oF (-23oC) to 25oF (-4o C) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.

(clxiii) "Slaughterhouse" shall include all buildings, structures, and facilities used in the slaughtering or dressing of animals for human consumption.

(clxiv) "Smoked" means meat to which smoke or smoke flavorings have been applied/added for the purpose of preservation, color, flavor, and/or aroma.

(clxv) "Smooth" means:

(A) A food-contact surface having a surface free of pits and

inclusions with a cleanability equal to or exceeding that of one hundred (100) grit number three (3) stainless steel;

(B) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

(C) A floor, wall, or ceiling having an even or level surface with no roughness or projections that renders it difficult to clean.

(clxvi) "Spring water" means water derived from an underground formation from which water flows naturally to the surface of the earth. "Spring water" shall meet the requirements of "natural water."

(clxvii) "Table-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

(clxviii) "Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

(clxix) "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(clxx) "Temporary establishment" means an establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.

(clxxi) "Temporary Sampling Establishment" means an establishment that operates for a period of no more than fourteen (14) individual days within three (3) consecutive months in conjunction with a farmers' markets or other events held at a single location where:

(A) Only free samples of products sold by vendors who hold a food (distributors/processors) license or by agricultural producers may be provided to the public;

(B) Free samples and associated products sold under the food (distributors/processors) license shall meet all requirements of the Wyoming Food Safety Rule during processing;

(D) Whole intact product is exempt from the temporary sampling establishment license.

(clxxii) "Unwholesome" means any animal, carcass, meat, meat food product or meat by product which:

(A) Is unsound, injurious to health, contains any biological residue not permitted under these rules, or is otherwise unfit for human consumption;

(B) Consists in whole or in part of any filthy, putrid or decomposed substance;

(C) Was processed, prepared, packed or held under insanitary conditions so that the same may have become contaminated or may have become injurious to health;

(D) Was produced in whole or in part from animals which died other than by slaughter.

(clxxiii) "USDA" means the U.S. Department of Agriculture.

(clxxiv) "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

(clxxv) "Variance" means a written document issued by the Wyoming Department of Agriculture that authorizes a modification or waiver of one or more requirements of this Rule if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.

(clxxvi) "Vehicle" means any truck, car, bus, or other means by which distressed, salvageable or salvaged merchandise is transported from one location to another.

(clxxvii) "Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

(clxxviii) "Vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

(clxxix) "Warewashing" means the cleaning and sanitizing of food- contact surfaces of equipment and utensils.

(clxxx) "Water hauler" means any person engaged in the distribution of bulk quantities of water by truck or other type of vehicle or conveyance, for sale for human consumption.

(clxxxi) "Well water" means bottled water from a hole bored, drilled, or otherwise constructed in the ground, which taps the water of an aquifer. "Well water" shall meet the requirements of "natural water."

(clxxxii) "Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

(clxxxiii) "Wholesome" means sound, healthful, clean and otherwise fit for human consumption.

(clxxxiv) "Wyoming condemned," or abbreviation thereof, means the animal so marked has been inspected and found to be in a dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.

(clxxxv) "Wyoming inspected and condemned," or abbreviation thereof, means that the carcass, meat, meat food product or meat by-product, so marked or so identified, is unwholesome or adulterated and shall be disposed of in the manner prescribed by the director.

(clxxxvi) "Wyoming inspected and passed," or abbreviation thereof, means that the carcass, meat, meat food product, or meat by-product, so marked or so identified, was at the time it was so marked or so identified found to be wholesome.

(clxxxvii) "Wyoming retained" means that the carcass, meat, meat food product so identified is held for further examination by the director or contract veterinarian to determine its disposal.

(clxxxviii) "Wyoming suspect" means that an animal so marked and identified is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by the director or a contract veterinarian to determine its disposal.

Section 9. Person in Charge Requirement.

(a) The license holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the establishment or processing plant during all hours of operation.

Section 10. Demonstration of Food Safety Knowledge.

(a) Based on the risks of foodborne illness inherent to the establishment or processing plant, during inspections and upon request, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the HACCP principles, if applicable, and the requirements of this Rule. The person in charge shall demonstrate this knowledge by compliance with this Rule, by responding correctly to the inspectors' questions as they relate to the specific establishment or processing plant, or by voluntarily being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. The areas of knowledge may include:

(i) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;

(ii) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(iii) Describing the symptoms associated with the diseases that are transmissible through food;

(iv) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(v) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;

(vi) Stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish;

(vii) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food;

(viii) Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(A) Cross contamination;

(B) Hand contact with ready-to-eat foods;

(D) Maintaining the establishment or processing plant in a clean condition and in good repair;

(ix) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.

(x) Explaining the relationship between food safety and providing equipment that is:

(A) Sufficient in number and capacity; and

(B) Properly designed, constructed, located, installed, operated, maintained, and cleaned;

(xi) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;

(xii) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

(xiii) Identifying poisonous or toxic materials in the establishment or processing plant and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;

(xiv) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Rule;

(xv) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this Rule, or an agreement between the regulatory authority and the establishment or processing plant; and

(xvi) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees.

Section 11. Person in Charge, Duties.

(a) The person in charge shall ensure that:

(i) Establishment or processing plant operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under Chapter 9, Section 42;

(ii) Persons unnecessary to the establishment or processing plant operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;

(iii) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this Rule;

(iv) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;

(v) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;

(vi) Employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under Chapter 6, Section 38(b), and Section 48;

(vii) Employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within four (4) hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;

(viii) Employees are cooking food sufficiently to ensure its safety;

(ix) Employees are properly sanitizing cleaned multi-use equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;

(x) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under Chapter 3, Section 53;

(xi) Except when otherwise approved as specified in Chapter 3, Section 39(b), employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;

(xii) Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; and

(xiii) Food employees and conditional employees are informed of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under Chapter 1, Section 12 (a).

Section 12. Health Status of Food Employees and Applicants.

(a) The license holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

(i) Has any of the following symptoms:

(A) Diarrhea;

(B) Vomiting;

(D) Sore throat with fever, or;

(E) A lesion containing pus such as a boil or infected wound that is open or draining and is:

(I) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;

(II) On exposed portions of the arms, unless the lesion is protected by an impermeable cover; or

(III) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;

(ii) Has an illness diagnosed by a health practitioner due to:

(A) Salmonella spp.;

(B) Shigella spp.;

(D) Hepatitis A virus; or

(E) Viral Gastroenteritis including Norovirus

(iii) Had a previous illness, diagnosed by a health practitioner:

(A) Salmonella spp. within the past three months,

(B) Shigella spp. within the past month,

(D) Hepatitis A virus.

(iv) Has been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with:

(A) Viral Gastroenteritis including Norovirus within the past 48 hours of the last exposure,

(B) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of the last exposure,

(D) Hepatitis A virus within the past 30 days of the last exposure; or

(v) Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual who attends or works in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

(A) Viral Gastroenteritis including Norovirus within the past 48 hours of the last exposure,

(B) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of the last exposure,

(D) Hepatitis A virus within the past 30 days of the last exposure.

(b) The person in charge shall notify the regulatory authority when a food employee is:

(i) Jaundiced, or

(A) Diagnosed with a current or previous illness due to a pathogen as specified in Chapter 1, Section 12 (a) (ii) (A)-(E) or (iii) (A)-(D).

(i) Who exhibits or reports a symptom, or who reports a diagnosed illness as specified in Chapter 1, Section 12 (a) (i)-(iii), is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified in Chapter 1, Section 14; and

(ii) Who will work as a food employee in a food establishment that serves a highly susceptible population and reports a history of exposure as specified in Chapter 1, Section 12 (a) (iv)-(v), is prohibited from becoming a food employee until the conditional employee meets the criteria as specified in Chapter 1, Section 14 (a) (ix).

(d) The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified in Chapter 1, Section 12 (a) (i)-(v) is:

(i) Excluded as specified in Chapter 1, Section 13 (a) (i)-(iii), and Section 13 (a) (iv) (A), (v) (A), (vi) (A), or (vii) (A) and in compliance with the provisions specified in Chapter 1, Section 14 (a) (i)-(vii); or

(ii) Restricted as specified in Chapter 1, Section 13 (a) (iv) (B), (v) (B), (vi) (B), (vii) (B), or Section 13 (a) (viii) or (ix) and in compliance with the provisions specified in Chapter 1, Section 14 (a) (iv)-(ix).

(e) A food employee or conditional employee shall report to the person in charge the information as specified in Chapter 1, Section 12 (a).

(f) A food employee shall:

(i) Comply with an exclusion as specified in Chapter 1, Section 13 (a) (i)-(iii) and Section 13 (a) (iv) (A), (v) (A), (vi) (A), or (vii) (A) and with the provisions specified in Chapter 1, Section 14 (a) (i)-(vii); or

(ii) Comply with a restriction as specified in Chapter 1, Section 13 (a)

(iv) (B), (v) (B), (vi) (B), (vii) (B), or Section 13 (a) (viii) or (ix) and comply with the provisions specified in Chapter 1, Section 14 (a) (iv)-(ix).

Section 13. Exclusions and Restrictions of Food Employees.

(a) The person in charge shall exclude or restrict a food employee from an establishment or processing plant in accordance with the following:

(i) Except when the symptom is from a noninfectious condition, exclude a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles, in an establishment or processing plant if the food employee is:

(A) Symptomatic with vomiting or diarrhea; or

(B) Symptomatic with vomiting or diarrhea and diagnosed with an infection from viral gastroenteritis including Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxin-producing Escherichia coli.

(ii) Exclude a food employee who is:

(A) Jaundiced and the onset of jaundice occurred within the last 7 calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection;

(B) Diagnosed with an infection from hepatitis A virus within 14 calendar days from the onset of any illness symptoms, or within 7 calendar days of the onset of jaundice; or

(iii) Exclude a food employee who is diagnosed with an infection from Salmonella spp, or reports a previous infection with Salmonella spp within the past 3 months as specified under Chapter 1, Section 12 (a) (iii).

(iv) If a food employee is diagnosed with an infection from Norovirus and is asymptomatic:

(A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population.

(v) If a food employee is diagnosed within the past month with an infection from Shigella spp. and is asymptomatic:

(A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population.

(vi) If a food employee is diagnosed within the past month with an infection from enterohemorrhagic or shiga toxin-producing E. coli, and is asymptomatic:

(A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population.

(vii) If a food employee is ill with symptoms of acute onset of sore throat with fever:

(A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population.

(viii) If a food employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified under Chapter 1, Section 12 (a) (i) (E), restrict the food employee.

(ix) If a food employee is exposed to a foodborne pathogen as specified under Chapter 1, Section 12 (a) (iv) or (v), restrict the food employee who works in a food establishment serving a highly susceptible population.

Section 14. Removal, Adjustment, or Retention of Exclusions and Restrictions of Food Employees.

(a) The person in charge may remove, adjust, or retain the exclusion or restriction of a food employee according to the following conditions:

(i) Except when a food employee is diagnosed with an infection from hepatitis A virus or Salmonella spp:

(A) Reinstate a food employee who was excluded as specified under Chapter 1, Section 13 (a) (i) (A) if the food employee:

(I) Is asymptomatic for at least 48 hours; or

(II) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition.

(B) If a food employee was diagnosed with an infection from viral gastroenteritis including Norovirus and excluded as specified in Chapter 1, Section 13 (a) (i) (B):

(I) Restrict the food employee, who is asymptomatic for at least 48 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in Chapter 1, Section 14 (a)

(iv) (A) or (B) are met; or

(II) Retain the exclusion for the food employee, who is asymptomatic for at least 48 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in Chapter 1, Section 14 (a) (iv) (A) or (B) are met.

(C) If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified in Chapter 1, Section 13 (a) (i) (B):

(I) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in Chapter 1, Section 14 (a)(v)(A) or (B) are met; or

(II) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in Chapter 1, Section 14 (a) (v) (A) or (B) are met.

(D) If a food employee was diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli and excluded as specified in Chapter 1, Section 13 (a) (i) (B):

(ii) Reinstate a food employee who was excluded as specified in Chapter 1, Section 13 (a) (ii) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:

(A) The food employee has been jaundiced for more than 7 calendar days;

(B) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days; or

(C) The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a hepatitis A virus infection.

(iii) Reinstate a food employee who was excluded as specified in Chapter 1, Section 13 (a) (iii) if:

(A) The person in charge obtains approval from the regulatory authority; and

(B) The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from Salmonella. spp infection as demonstrated by two (2) consecutive negative stool cultures collected at least 24 hours apart for non-typhoidal Salmonella; or three (3) consecutive negative stool cultures collected at least 24 hours apart for Salmonella sero type Typhi. If any of these cultures are positive for Typhi, exclude the employee and repeat cultures at monthly intervals until three (3) consecutive negative cultures are obtained.

(iv) Reinstate a food employee who was excluded as specified in Chapter 1, Section 13 (a) (i) (B) or (a) (iv) (A) who was restricted in Chapter 1, Section 13 (a) (iv) (B) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Norovirus infection;

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic; or

(C) The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed.

(v) Reinstate a food employee who was excluded as specified in Chapter 1, Section 13 (a) (i) (B) or (a) (v) (A) or who was restricted in Chapter 1, Section 13 (a) (v) (B) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing 2 consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics, and

(II) At least 24 hours apart;

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 4 weeks have passed since the food employee became asymptomatic; or

(C) The food employee was excluded or restricted and did not develop symptoms and more than 4 weeks have passed since the food employee was diagnosed.

(vi) Reinstate a food employee who was excluded or restricted as specified in Chapter 1, Section 13 (a) (i) (B) or (a) (vi) (A) or who was restricted in Chapter 1, Section 13 (a) (vi) (B) if the person in charge obtains approval from the regulatory authority and one of the following conditions is met:

(A) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli based on test results that show 2 consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics; and

(II) At least 24 hours apart.

(B) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than 7 calendar days have passed since the food employee became asymptomatic; or

(C) The food employee was excluded or restricted and did not develop symptoms and more than 7 days have passed since the food employee was diagnosed.

(vii) Reinstate a food employee who was excluded or restricted as specified in Chapter 1, Section 13 (a) (vii) (A) or (B) if due to group A strep pharyngitis and the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:

(A) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours;

(B) Has at least one negative throat specimen culture for Streptococcus pyogenes infection; or

(viii) Reinstate a food employee who was restricted as specified in Chapter 1, Section 13 (a) (viii) if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:

(A) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;

(B) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; or

(ix) Reinstate a food employee who was restricted as specified in Chapter 1, Section 13 (a) (ix) and was exposed to one of the following pathogens as specified in Chapter 1, Section 12 (a) (iv) or (v):

(A) Viral Gastroenteritis including Norovirus and one of the following conditions is met:

(I) More than 48 hours have passed since the last day the food employee was potentially exposed; or

(II) More than 48 hours have passed since the food employee's household contact became asymptomatic.

(B) Shigella spp. or Enterohemorrhagic or Shiga toxin producing Escherichia coli and one of the following conditions is met:

(I) More than 3 calendar days have passed since the last day the food employee was potentially exposed; or

(II) More than 3 calendar days have passed since the food employee's household contact became asymptomatic.

(I) More than 14 calendar days have passed since the last day the food employee was potentially exposed; if Salmonella Typhi, a food employee must have two (2) negative stool cultures twenty four (24) hours apart; or

(II) More than 14 calendar days have passed since the food employee's household contact became asymptomatic; if Salmonella Typhi, a food employee must have two (2) negative stool cultures twenty four (24) hours apart.

(D) Hepatitis A virus and one of the following conditions is met:

(I) The food employee is immune to hepatitis A virus infection because of a prior illness from hepatitis A;

(II) The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A;

(III) The food employee is immune to hepatitis A virus infection because of IgG administration;

(IV) More than 30 calendar days have passed since the last day the food employee was potentially exposed;

(V) More than 30 calendar days have passed since the food employee's household contact became jaundiced; or

(VI) The Food employee does not use an alternative procedure that allows bare hand contact with ready to-eat food until at least 30 days after the potential exposure, as specified in Chapter 1, Section 14 (a) (ix) (D) (IV) and (V), and the food employee receives additional training about:

(1.) Hepatitis A symptoms and preventing the transmission of infection,

(2.) Proper handwashing procedures, and

(3.) Protecting ready-to-eat food from contamination introduced by bare hand contact.

Section 15. Bed and Breakfast and Ranch Recreation Requirements.

(a) Food service provided at bed and breakfast and ranch recreation facilities shall be for the bona fide guests of said facilities and shall not be available for charge or otherwise to other members of the public that might be present.

(i) The kitchen in a bed and breakfast or ranch recreation facility in a home may be equipped the same as any normal home style kitchen provided food safety procedures can be achieved.

Section 16. State Meat and Poultry Inspection Program.

(a) As authorized by W.S. 35-7-123; 9 CFR, 321 Cooperation with States and Territories, and 9 CFR 381 Subpart R-Cooperation with States and Territories; Certification of State and Territorial Programs as at Least Equal to Federal Program, as amended, the Wyoming department of agriculture shall maintain a State Meat and Poultry Inspection Program.

(i) The director shall administer and enforce the provisions of this Rule and shall employ or contract with such persons as may be appropriate.

(b) As authorized by 9 CFR 307.5 Overtime and Holiday Inspection Service and 307.6 Basis of Billing for Overtime and Holiday Services, the Department has the authority to charge state inspected meat and poultry plants for overtime and holiday inspection services.

(i) The owner/operator of a state inspected meat or poultry plant shall reimburse the Department for the cost of the inspection service furnished on any holiday as specified in Section 16 (b) (ii); or for more than 8 hours on any day, or more than 40 hours in any workweek Saturday through Friday.

(ii) Holidays for State employees shall be New Year's Day, January 1; Equality Day, the third Monday in January; President's Day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veterans' Day, November 11; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25 or any other day declared to be a holiday by the Governor of Wyoming or the President of the United States. When any of the above listed holidays falls outside the basic workweek, the nearest workday within that week shall become a holiday.

(iii) Each recipient of overtime or holiday inspection service, or both, shall be billed at the rate of one and one half (1½) times the normal hourly rate of the Inspector-In-Charge for the plant making the request, in increments of quarter hours. For billing purposes, 8 or more minutes shall be considered a full quarter hour. Billing will be for each quarter hour of service rendered by each Department employee.

(iv) State inspected meat or poultry plants requesting and receiving the services of a Department employee after he or she has completed his or her day's assignment and left the premises, or called back to duty during any overtime or holiday period, shall be billed for a minimum of 2 hours overtime or holiday inspection service at the established rate.

(v) Bills are payable upon receipt and become delinquent 30 days from the date of the bill. Overtime or holiday inspection will not be performed for anyone having a delinquent account.

History

Effective 2012-12-10

Chapter 2 Requirements for Plan Submission: License Application and Issuance: Inspection

Wyo. Code R. 010.0003.2.12102012 Requirements for Plan Submission: License Application and Issuance: Inspection

CHAPTER 2

REQUIREMENTS FOR PLAN SUBMISSION; LICENSE APPLICATION AND ISSUANCE; INSPECTION

Section 1. Prerequisite for Operation.

(a) A person shall not operate an establishment or processing plant without a valid license issued by the regulatory authority.

(i) When a person operates two (2) or more establishments or two (2) or more processing plants not on the same premises in this state, a separate license shall be required for each.

(ii) A person conducting two (2) or more operations on the same premises in this state may operate under one (1) license.

Section 2. Submission and Contents of the License Application.

(a) Pursuant to W.S. 35-7-124(a), any person processing, distributing, storing or preparing food for wholesale or retail use shall obtain a license from the department of agriculture or a local health department. The license is not transferable, shall be renewed on an annual basis and shall be prominently displayed in the establishment or processing plant. No establishment or processing plant shall serve, hold for sale or sell food to the public without a valid license. An agriculture producer shall be exempt from the licensure requirement in this Section for processing, distributing, storing or sale of any raw agriculture commodity he produces.

(i) Milk haulers, graders, and testers shall be licensed according to Chapter 2, Section 2, and standardized by the department of agriculture using criteria specified in the United States Public Health Service/FDA Pasteurized Milk Ordinance, Appendix B -Milk Production; Hauling; Industry Inspection.

(ii) Any person candling eggs in the state of Wyoming shall be licensed according to Chapter 2, Section 2, and standardized by the department of agriculture using criteria specified in USDA AMS 56- U.S. Standards, Grades, and Weight Classes for Shell Eggs and 7 CFR Part 56 Regulations Governing the Voluntary Grading of Shell Eggs.

(b) Pursuant to W.S. 35-7-124(b), written application for a new license shall be made on a form approved by the department of agriculture and provided by the department of agriculture or the local health department and shall be signed by the applicant.

(i) The application shall include:

(A) The name, mailing address, telephone number, and signature of the person applying for the license; the name, mailing address, and telephone number of the registered agent; and the name, mailing address, and location of the establishment or processing plant;

(B) Information specifying whether the establishment or processing plant is owned by an association, corporation, individual, partnership, or other legal entity;

(I) Is mobile or stationary and temporary or permanent; and

(II) Is an operation that includes one or more of the following:

(1.) Prepares, offers for sale, or serves potentially hazardous food:

a. Only to order upon a consumer's request;

b. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or

c. Using time as the public health control as specified under Chapter 3, Section 61;

(III) Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;

(IV) Prepares food as specified under Chapter 2, Section 2 (b)(i)(C)(III), for delivery to and consumption at a location off the premises of the establishment where it is prepared;

(V) Prepares food as specified under Chapter 2, Section 2(b) (i)(C)(III), for service to a highly susceptible population;

(VI) Prepares only food that is not potentially hazardous; or

(VII) Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous;

(D) A statement signed by the applicant that:

(I) Certifies to the accuracy of the information provided in the application; and

(II) Affirms that the applicant will:

(1.) Comply with this Rule; and

(2.) Allow the regulatory authority access to the establishment as specified under Chapter 2, Section 24, and to the records specified under Chapter 3, Section 15, Chapter 8, Section 21, and Chapter 10, Section 2 (a) (iv) (F).

Section 3. Qualifications and Responsibilities of Applicants.

(a) To qualify for a license, an applicant shall:

(i) Be an owner of the establishment or the person legally in charge of the business entity;

(ii) Comply with the requirements of this Rule;

(iii) As specified under Chapter 2, Section 24, agree to allow access to the establishment or processing plant and to provide required information; and

(iv) Pay the applicable license fees at the time the application is submitted.

Section 4. Issuance of a License.

(a) For establishments or processing plants that are required to submit plans as specified under Chapter 2, Section 6, the regulatory authority shall issue a license to the applicant after:

(i) A properly completed application is submitted;

(ii) The required fee is submitted;

(iii) The required plans, specifications, and information are reviewed and approved; and

(iv) A pre-operational inspection shows that the establishment or processing plant is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this Rule.

(b) The regulatory authority may renew a license for an existing establishment or processing plant or may issue a license to a new owner of an existing establishment or processing plant after:

(i) A properly completed application is submitted, reviewed, and approved;

(ii) The required fees are submitted; and

(iii) An inspection shows that the establishment or processing plant is in compliance with this Rule.

Section 5. License Fees.

(a) For establishments or processing plants that are required to have a license, as specified under Chapter 2, Section 1 (a), the regulatory authority shall issue a license to the applicant after the appropriate license fee is submitted.

(b) The license fee schedule is as follows:

(i) All establishments that are new, have a new owner or have changed location shall pay an initial license fee of $100.00 with an annual license renewal fee of $50.00;

(ii) Temporary establishment license fees shall be $25.00; and

(iii) Temporary sampling establishment license fees shall be $25.00.

Section 6. When Plans and Specifications Are Required.

(a) A license applicant or license holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval before:

(i) The construction of an establishment or processing plant;

(ii) The conversion of an existing structure for use as an establishment or processing plant; or

(iii) The remodeling of an establishment or processing plant or a change of type of the establishment or processing plant as specified under Chapter 2, Section 7, if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this Rule.

Section 7. Contents of the Plans and Specifications.

(a) The plans and specifications for an establishment or processing plant, including an establishment or processing plant specified under Chapter 10, Section 1, shall include, as required by the regulatory authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with Rule provisions:

(i) Intended menu;

(ii) Anticipated volume of food to be stored, prepared, and sold or served;

(iii) Proposed layout, mechanical schematics, construction materials, and finish schedules;

(iv) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

(v) Evidence that standard procedures that ensure compliance with the requirements of this Rule are developed or are being developed; and

(vi) Other information that may be required by the regulatory authority for the proper review of the proposed construction, conversion or modification, and procedures for operating an establishment or processing plant.

Section 8. Approval of Plans and Specifications.

(a) The regulatory authority shall review all plans and specifications to determine if they are in compliance with this Rule. After reviewing the plans and specifications, the regulatory authority shall:

(i) Complete a plan review sheet.

(b) If the plans and specifications are approved, the regulatory authority shall submit a copy of the plan review sheet denoting approval to the license applicant or license holder.

(c) If the plans and specifications are disapproved, a copy of the plan review sheet stating the reason for disapproval shall be sent to the license applicant or license holder.

Section 9. Pre-operational Inspections.

(a) The regulatory authority shall conduct one or more pre-operational inspections to verify that the establishment or processing plant is constructed and equipped in accordance with the approved plans and approved modifications of those plans and is in compliance with law and this Rule.

(b) The regulatory authority shall conduct a pre-opening inspection prior to issuance of a license.

(i) A routine inspection shall be performed within thirty (30) days after the pre-opening inspection.

Section 10. Application for Official Inspection, Granting Inspection, Official Numbers.

(a) Inspection at official establishments shall be performed by the director, as authorized by 9 CFR 321 Cooperation With States and Territories.

(b) To qualify for official inspection, as specified in 9 CFR 304 Application For Inspection; Grant of Inspection an applicant shall:

(i) Submit a completed application furnished by the director;

(ii) Comply with the requirements of this Rule in addition to 9 CFR 304 Application for Inspection; Grant of Inspection;

(iii) Comply with the requirements of 9 CFR 304.3 Conditions for Receiving Inspection, including:

(A) Developing written Sanitation Standard Operating Procedures, as specified in 9 CFR 416 Sanitation;

(B) Conduct a hazard analysis and have developed and validated a HACCP plan, as required in 9 CFR 417 Hazard Analysis and Critical Control Point (HACCP) Systems.

(iv) Comply with the requirements of 9 CFR 305.3 Sanitation and adequate facilities.

(i) Give notice in writing to each applicant.

(ii) Assign an official number to each official establishment as specified in 9 CFR 305.1 Official numbers; subsidiaries and tenants.

(A) Such number shall be used to identify all inspected and passed products prepared in the establishment;

(B) More than one (1) number shall not be assigned to an establishment; and

(C) Numbers designating all establishments shall be determined by the director, and appropriately placed on all of the inspection stamps designed for each establishment.

(d) Each official establishment granted inspection shall be separate and distinct from any unofficial establishment as specified in 9 CFR 305.2 Separation of official establishments.

(e) To each official establishment granted inspection, the director shall inaugurate and assign inspection, as specified in 9 CFR 305.4 Inauguration of inspection and 9 CFR 306 Assignment and authorities of program employees.

(f) As specified in 9 CFR 307.4 Schedule of operations, no operation requiring inspection shall be conducted except under the supervision of the director.

(g) All slaughtering of animals and preparation of products produced under inspection shall be done within reasonable hours and with reasonable speed, considering the official establishment's facilities.

Section 11. Denial of License Application, Notice.

(a) The director may by order deny a license application if he finds:

(i) The applicant has made false statements on the license application;

(ii) The applicant has violated or failed to comply with any provision of law;

(iii) The applicant is the subject of an order within the past two (2) years of any regulatory authority in this state or any other denying, suspending or revoking a food license;

(iv) The applicant has failed to submit the appropriate fees; or

(v) The applicant has failed to correctly and completely fill out the application.

(b) If a license application is denied, the regulatory authority shall provide the applicant with a notice that includes:

(i) The specific reasons and rule citations for the license application denial;

(ii) The actions, if any, that the applicant must take to qualify for a license application;

(iii) Advisement of the applicant's right to request a hearing before the director;

(iv) The time, place and nature of hearing;

(v) The legal authority under which the hearing is to be held; and

(vi) A short plain statement of the matters asserted.

(d) If a hearing is requested the director shall schedule a time and place for the hearing, to be held not later than thirty (30 days) from the date of the request unless a later date is agreed to by the parties.

(e) If the applicant supplies evidence of correction and all other license requirements have been met a license shall be issued.

(f) The applicant shall be notified of the time, date and place of the hearing at least seven (7) days before the date of the hearing.

Section 12. Responsibilities of the License Holder.

(a) Upon acceptance of the license issued by the regulatory authority, the license holder in order to retain the license shall:

(i) Post the license in a location in the establishment or processing plant that is conspicuous to consumers;

(ii) Comply with the provisions of this Rule including the conditions of a granted variance as specified under Chapter 1, Section 6, and approved plans as specified under Chapter 2, Section 8;

(iii) Comply with the plan as specified under Chapter 1, Section 6, if an establishment or processing plant is required under Chapter 10, Section 1, to operate under a HACCP Plan;

(iv) Immediately contact the regulatory authority to report an illness of a food employee applicant or food employee as specified under Chapter 1, Section 15;

(v) Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under Chapter 2, Section 13;

(vi) Allow representatives of the regulatory authority access to the establishment as specified under Chapter 2, Section 24;

(vii) Except as specified under Chapter 2, Section 12 (a)(viii), replace existing facilities and equipment specified in Chapter 1, Section 4(b), with facilities and equipment that comply with this Rule if:

(A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

(B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or

(viii) Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the license holder's establishment or processing plant or in response to community emergencies;

(ix) Accept notices issued and served by the regulatory authority according to law; and

(x) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Rule or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

Section 13. Ceasing Operations and Reporting.

(a) Except as specified in Chapter 2, Section 13 (b), a license holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as, but not limited to, a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, or gross insanitary occurrence or condition.

(b) A license holder need not discontinue operations in an area of an establishment or processing plant that is unaffected by the imminent health hazard.

Section 14. Resumption of Operations.

(a) If operations are discontinued as specified under Chapter 2, Section 13, or otherwise according to law, the license holder shall obtain approval from the regulatory authority before resuming operations.

Section 15. Conditions Warranting Remedy.

(a) The regulatory authority may seek an administrative or judicial remedy including an administrative meeting to achieve compliance with the provisions of this Rule if a person operating an establishment or processing plant or an employee:

(i) Fails to have a valid license to operate an establishment or processing plant as specified under Chapter 2, Section 1;

(ii) Violates any term or condition of a license as specified under Chapter 2, Section 12;

(iii) Allows serious or repeated rule violations to remain uncorrected beyond time frames for correction approved, directed, or ordered by the regulatory authority under Chapter 2, Sections 26 and 28;

(iv) Fails to comply with a regulatory authority order issued concerning an employee suspected of having a disease transmissible through food by infected persons;

(v) Fails to comply with an order issued as a result of a hearing for an administrative remedy;

(vi) Fails to comply with a summary suspension order issued by the regulatory authority as specified in Chapter 2, Sections 17; or

(vii) Fails to comply with any other rule or regulation.

Section 16. Administrative Meetings.

(a) The Wyoming Department of Agriculture may initiate an administrative meeting for the licensee's failure to:

(i) Correct critical violations from a routine inspection if there is a history of non-compliance with this Rule;

(ii) For refusal to grant access by the regulatory authority; or

(iii) If an inspection reveals deviations in the HACCP plan.

(b) Notice of administrative meeting shall state:

(i) The reasons for the notice of administrative meeting with reference to the provisions of the rules that are in violation;

(ii) The location and time the administrative meeting will be held; and

(iii) The licensee may appear in person or by or with counsel licensed to practice in the State of Wyoming.

(c) The Wyoming Department of Agriculture will administer the administrative meeting and hear opposing opinions regarding the issue in question.

(d) The purpose of the administrative meeting is to facilitate a mutually agreed upon plan of compliance for the license holder.

(e) The plan of compliance shall be:

(i) Presented, in writing to the license holder after the meeting;

(ii) Effective immediately upon presentation with a correction completion date ten (10) business days from the presentation date at which time a re- inspection will be performed; and

(iii) Signed by both the license holder and the regulatory authority.

(f) The administrative meeting may have three (3) possible outcomes:

(i) A mutually agreed upon plan of compliance with a re-inspection date;

(ii) No agreement of cooperation by the license holder resulting in a revocation notice being issued; or

(iii) Dismissal of the meeting by the Wyoming Department of Agriculture.

(g) If no agreement is reached between the Wyoming Department of Agriculture and the license holder or the re-inspection finds the plan of compliance has been ignored, a revocation notice shall be issued within ten (10) business days of the no agreement date or the re-inspection date.

Section 17. Summary Suspension.

(a) The regulatory authority may summarily suspend a license to operate an establishment or processing plant if it determines through inspection, or examination of food employees, food, records, or other means as specified in this Rule, that an imminent health hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or after consultation with the Health Officer.

(i) The regulatory authority may summarily suspend a license by providing written notice of the summary suspension to the license holder or the person in charge without prior warning, notice of a hearing, or a hearing.

(ii) A summary suspension notice shall state:

(A) That the license is immediately suspended and that all operations shall immediately cease;

(B) The reasons for summary suspension with reference to the provisions of this Rule that are in violation;

(D) The name and address of the regulatory authority representative to whom notice for re-inspection may be made and who may certify that reasons for the suspension are eliminated;

(E) The license holder may request a contested case hearing within five (5) business days of the summary suspension. The regulatory authority shall hold a hearing, if requested, within ten (10) business days of the summary suspension; and

(F) The name and address of the regulatory authority representative to whom a request for a contested case hearing may be made.

(iii) The regulatory authority shall conduct a re-inspection of the establishment or processing plant for which the license was summarily suspended within 48 hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.

(iv) A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority through re-inspection and other means as appropriate or until a court of competent jurisdiction otherwise orders.

(v) The suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge.

Section 18. Revocation.

(a) The Wyoming Department of Agriculture may initiate revocation proceedings for a license:

(i) If the condition for the summary suspension is not corrected;

(ii) For failure to correct critical violations from a routine inspection;

(iii) If there is a history of non-compliance with this Rule; or

(iv) For refusal to grant access by the regulatory authority.

(b) The revocation notice shall state:

(i) That the license shall be revoked fifteen (15) calendar days after receipt of the revocation notice and that all operations shall cease at that time unless a contested case hearing is requested;

(A) The revocation notice shall be sent by certified mail, return receipt requested;

(ii) The reasons for revocation with reference to the provisions of this Rule that are in violation;

(iii) That the license holder may request a hearing by submitting a request within fifteen (15) days of the receipt of the notice of revocation;

(iv) The name and address of the Wyoming Department of Agriculture representative to whom a request for a hearing may be made;

(v) If a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. 16- 3-107 through 115 and the Rules of Practice and Procedures of the Wyoming Department of Agriculture; and

(vi) The licensee may appear in person or by or with counsel licensed to practice in the State in Wyoming.

(c) The final decision, accompanied by written findings of fact and conclusions of law and order, shall be issued by the director of the Wyoming Department of Agriculture.

(d) The final decision shall be delivered to the license holder by certified mail, return receipt requested.

Section 19. Hearings.

(a) All hearings provided for in this Rule shall be conducted in accordance with the Rules of Practice and Procedures adopted by the Wyoming Department of Agriculture. Appeal from any final order of the Wyoming Department of Agriculture shall be taken as provided by the Wyoming Administrative Procedure Act.

Section 20. Service of Notices.

(a) A notice issued in accordance with this Rule, except for a notice of summary suspension which shall be considered properly served pursuant to Chapter 2, Section 17, shall be considered to be properly served if it is served by one of the following methods:

(i) The notice is personally served by the regulatory authority, a law enforcement officer, or a person authorized to serve a civil process to the license holder, the person in charge, or person operating an establishment or processing plant without a license;

(ii) The notice is sent by the regulatory authority to the last known address of the license holder or the person operating an establishment or processing plant without a license, by registered or certified mail return receipt requested or by other public means so that a written acknowledgment of receipt may be acquired;

(iii) If the notice is unable to be delivered after reasonable attempts to serve, then the notice shall be clearly posted by the regulatory authority at a public entrance to the establishment or processing plant; or

(iv) The notice is provided by the regulatory authority in accordance with another manner of service authorized in law.

Section 21. When Service is Effective.

(a) Service is effective at the time of the receipt of the notice or at the time of the posting of the notice.

Section 22. Establishing Inspection Interval.

(a) Except as specified under Chapter 2, Section 22 (b) and (c), and Section 10 (f), the regulatory authority may inspect an establishment or processing plant at least once every six (6) months.

(b) The regulatory authority may increase the interval between inspections beyond six (6) months but in no event less than once a year if:

(i) The establishment or processing plant is fully operating under an approved and validated HACCP plan as specified under Chapter 1, Section 7(a)(i) and (ii) and Chapter 10, Section 1;

(ii) The establishment or processing plant is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every six (6) months the establishment or processing plant is contacted by telephone or other means by the regulatory authority to ensure that the establishment or processing plant manager and the nature of operation are not changed; or

(iii) The establishment's operation involves only coffee service and other unpackaged or prepackaged food that is not potentially hazardous such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.

(i) Prepares, sells, or serves unpackaged potentially hazardous food;

(ii) Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or

(iii) Has inexperienced food employees.

Section 23. Performance and Risk-Based Inspections.

(a) Within the parameters specified under Chapter 2, Section 22, the regulatory authority shall prioritize and conduct more frequent inspections based upon its assessment of an establishment's or processing plant's history of compliance with this Rule and the establishment's or processing plant's potential as a vector of foodborne illness by evaluating:

(i) Past performance, for nonconformance with this Rule or HACCP plan requirements that are critical;

(ii) Past performance, for numerous or repeat violations of this Rule or HACCP plan requirements that are noncritical;

(iii) Past performance, for complaints investigated and found to be valid;

(iv) The hazards associated with the particular foods that are prepared, stored, or served;

(v) The type of operation including the methods and extent of food storage, preparation, and service;

(vi) The number of people served; and

(vii) Whether the population served is a highly susceptible population.

Section 24. Access for Inspection.

(a) After the regulatory authority presents official credentials and states the purpose of, and an intent to conduct an inspection, the person in charge shall allow the regulatory authority to determine if the establishment or processing plant is in compliance with this Rule by:

(i) Allowing access to the establishment or processing plant;

(ii) Allowing inspection; and

(iii) Providing information and records specified in this Rule and to which the regulatory authority is entitled according to law, during the establishment's or processing plant's hours of operation and other reasonable times.

(b) Denial of access to inspect shall be grounds for revocation of a license.

Section 25. Documenting Information and Observations.

(a) The regulatory authority shall document on an inspection report form:

(i) Administrative information about the establishment's or processing plant's legal identity, street and mailing addresses, type of establishment or processing plant and operation as specified under Chapter 2, Section 2(b), inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required; and

(ii) Specific factual observations of violative conditions or other deviations from this Rule that require correction by the license holder including but not limited to:

(A) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention and the requirements of this Rule specified under Chapter 1, Section 10;

(B) Failure of food employees and the person in charge to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under Chapter 1, Sections 15 and 16;

(D) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under Chapter 1, Section 7;

(E) Failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified under Chapter 10, Section 2(a)(iv)(F);

(F) Nonconformance with critical limits of a HACCP plan; and

(G) Nonconformance with any other rule or regulation.

Section 26. Timely Correction for Critical Item Violation.

(a) Except as specified in Chapter 2, Section 26 (b), a license holder shall at the time of inspection correct a critical violation of this Rule or implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

(b) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed ten (10) calendar days after the inspection, for the license holder to correct critical violations of this Rule or HACCP plan deviations.

(i) If a determination by the inspector that the corrective action cannot be completed within 10 (ten) days, the inspector may request an extension be granted which must be approved in writing by a supervisor.

Section 27. Verification and Documentation of Correction for Critical Item Violation.

(a) After observing at the time of inspection a correction of a critical item violation or HACCP plan deviation, the regulatory authority shall enter the violation and information about the corrective action on the inspection report.

(b) After receiving notification that the license holder has corrected a critical item violation or HACCP plan deviation, or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records.

Section 28. Time Frame for Correction for Noncritical Violation.

(a) Except as specified in Chapter 2, Section 28 (b), the license holder shall correct noncritical violations by a date and time agreed to or specified by the regulatory authority but no later than ninety (90) calendar days after the inspection.

(b) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under Chapter 2, Section 26 (b), if a written schedule of compliance is submitted by the license holder and no health hazard exists or will result from allowing an extended schedule for compliance.

Section 29. Issuing Report and Obtaining Acknowledgment of Receipt.

(a) At the conclusion of the inspection, the regulatory authority shall provide a copy of the completed inspection report to the license holder or to the person in charge, and request a signed acknowledgment of receipt.

Section 30. Refusal to Sign Acknowledgment.

(a) The regulatory authority shall:

(i) Inform a person who declines to sign an acknowledgment of receipt of inspection findings that:

(A) An acknowledgment of receipt is not an agreement with findings;

(B) Refusal to sign an acknowledgment of receipt will not affect the license holder's obligation to correct the violations noted in the inspection report within the time frames specified; and

(C) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority's historical record for the establishment or processing plant.

Section 31. Public Information.

(a) Except as specified in Chapter 10, Section 3, the completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

Section 32. Examining, Sampling, and Testing Food.

(a) The regulatory authority may examine, sample, and test food in order to determine its compliance with this Rule.

History

Effective 2012-12-10

Chapter 3 Food Care

Wyo. Code R. 010.0003.3.12102012 Food Care

CHAPTER 3

FOOD CARE

Section 1. Compliance with Food Law.

(a) Food shall be obtained from sources that comply with law.

(b) Food prepared in a private home may not be used or offered for human consumption in an establishment.

(c) Packaged food shall be labeled as specified in law, including the Wyoming Food, Drug and Cosmetic Safety Act, W.S. 35-7-110 through 35-7-127, 7 CFR 60 Country of Origin Labeling for Fish and Shellfish, 7 CFR 65 Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Macadamia Nuts, and Peanuts, 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under Chapter 3, Sections 11 and 12.

(d) Fish, other than molluscan shellfish, that are intended for consumption in their raw or undercooked form and allowed as specified in Chapter 3, Section 41(d), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under Chapter 3, Section 34; or frozen on the premises as specified under Chapter 3, Section 34, and records are retained as specified under Chapter 3, Section 35.

(e) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in Chapter 3, Section 41(c) shall be:

(i) Obtained from a processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steaks meet the definition of whole-muscle, intact beef; or

(ii) Deemed acceptable by the regulatory authority based on other evidence such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef, and

(iii) If individually cut in a food establishment:

(A) Cut from whole-muscle intact beef that is labeled by a

processing plant as specified in Chapter 3, Section 1(e)(i) or identified as specified in Chapter 3, Section 1(e) (ii);

(I) Prepared so they remain intact; and

(II) If packaged for undercooking in an establishment, labeled as specified in Chapter 3, Section 1 (e) (i) or identified as specified in Chapter 3, Section 1(e) (ii).

(f) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2 Labels: definitions; required features, and 9 CFR 381.125 Special handling labeling requirements.

(g) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

(h) Food shall be safe, unadulterated, and as specified in Chapter 3, Section 65, honestly presented

Section 2. Food in a Hermetically Sealed Container.

(a) Food in a hermetically sealed container shall be obtained from a processing plant that is regulated by the regulatory authority.

Section 3. Wild Mushrooms.

(a) Except as specified in Chapter 3, Section 3(b), mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert.

(b) This section does not apply to:

(i) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the regulatory authority; or

(ii) Wild mushroom species if they are in packaged form and are the product of a processing plant that is regulated by the regulatory authority.

Section 4. Animals Slaughtered and Processed Under Inspection.

(a) All animals except poultry slaughtered and processed for sale shall have antemortem and postmortem inspection and shall meet the requirements of 9 CFR 313, Humane Slaughter of Livestock, 9 CFR 309, Antemortem Inspection, 310 Postmortem Inspection, and 311 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts.

(i) All animals except poultry slaughtered and processed under Inspection shall be conducted in accordance with this Rule by the Wyoming department of agriculture except as specified in 9 CFR 302 Application of Inspection and Other Requirements and 9 CFR 303 Exemptions.

(A) Exempt establishments handling wild game shall:

(I) Conduct operations in accordance with this Rule and 9 CFR 302 Application of Inspection and Other Requirements and 9 CFR 303 Exemptions;

(II) Be required to hold, process, identify, and prepare Wild game separately from all domestic animal carcasses, meat, meat food or meat food by-products;

(III) Labeled and identified as "wild game," or by the species of wild game, "antelope," "deer," "elk," "moose," "bear," etc.;

(IV) Store the heads, horns, capes, feet, skins, or any part thereof in closed containers and shall not create an offensive condition or odor; and

(V) Process wild game meat which is abandoned Pursuant to W.S. 23-3-303.

(b) All poultry slaughtered and processed for sale shall have antemortem and postmortem inspection and shall meet the requirements of 9 CFR 381, Subpart J Antemortem Inspection, Subpart K Postmortem Inspection; Disposition of Carcasses and Parts; except as specified in 9 CFR 381.6 Establishments Requiring Inspection and 9 CFR 381.10 Exemptions.

(c) A voluntary inspection program shall be administered and performed by the Wyoming department of agriculture and meeting the requirements of the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR 352 Exotic Animals; Voluntary Inspection or rabbits that are "inspected and certified" in accordance with 9 CFR 354 Voluntary Inspection of Rabbits and Edible Products Thereof shall be performed.

(d) An animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.

(e) Meat or meat food products capable of use as human food shall meet the requirements specified in 9 CFR 325, Transportation.

Section 5. Rendering.

(a) Rendering of carcasses and parts shall be done in accordance with 9 CFR 315 Rendering or Other Disposal of Carcasses and Parts Passed for Cooking.

Section 6. Additives.

(a) As specified in law including the Wyoming Food, Drug and Cosmetic Safety Act, W. S. 35-7-110 through 35-7-127, food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b) Food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.

Section 7. Package Integrity.

(a) Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

Section 8. Fluid Milk and Milk Products.

(a) Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in the United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance.

(b) Fluid and dry milk and milk products complying with Grade A standards as specified in United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance shall be obtained pasteurized.

(d) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133 - Cheeses and Related Cheese Products, for curing certain cheese varieties.

(e) Grade A milk and milk for manufacturing purposes shall meet the requirements of the United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance and Grade A Condensed and Dry Milk Ordinance.

(f) Milk produced for processing and manufacturing into products for human consumption shall meet the requirements of the United States Department of Agriculture/Agriculture Marketing Service Milk for Manufacturing Purposes and its Production and Processing.

(g) Unpasteurized milk and products made from unpasteurized milk (except cheese qualifying under subsection (d)) may not be sold, delivered, served, or provided for human consumption.

(i) This subsection does not apply to individuals who obtain milk from animals owned by them, members of their family, or their employer and who furnish raw milk or products made from raw milk only to members of their family or non-paying guests.

Section 9. Fish.

(a) Fish that are received for sale or service shall be:

(i) Commercially and legally caught or harvested; or

(ii) Approved by the regulatory authority.

Section 10. Molluscan Shellfish.

(a) Molluscan shellfish shall be obtained from sources which meet the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(b) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.

Section 11. Shucked Shellfish, Packaging and Identification.

(a) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:

(i) Name, address, and certification number of the shucker-packer, or repacker, of the molluscan shellfish; and

(ii) The "sell by" date for packages with a capacity of less than one-half (2) gallon (1.87l) or the date shucked for packages with a capacity of one-half (2) gallon (1.87 l) or more.

(b) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under Chapter 3, Section 11(a), shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

Section 12. Shellstock Identification.

(a) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list:

(i) Except as specified under Chapter 3, Section 12(c), on the harvester's tag or label, the following information in the following order:

(A) The harvester's identification number that is assigned by the shellfish control authority;

(B) The date of harvesting;

(C) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;

(D) The type and quantity of shellfish; and

(E) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for ninety (90) days;

(ii) Except as specified in Chapter 3, Section 12(d), on each dealer's tag or label, the following information in the following order:

(A) The dealer's name and address, and the certification number assigned by the shellfish control authority;

(B) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested;

(D) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for ninety (90) days.

(b) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under Chapter 3, Section 12(a), shall be subject to a hold order pursuant to W.S. 35-7-114, or seizure and destruction in accordance with 21 CFR Subpart D -Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

(c) If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.

(d) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under Chapter 3, Section 12 (a)(ii)(A) and (B), individual dealer tags or labels need not be provided.

Section 13. Shellstock, Condition.

(a) When received by an establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

Section 14. Molluscan Shellfish, Original Container.

(a) Except as specified in Chapter 3, Section 14(b) and (c), molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

(b) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

(i) The source of the shellstock on display is identified as specified under Chapter 3, Section 12, and recorded as specified under Chapter 3, Section 15; and

(ii) The shellstock are protected from contamination.

(c) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

(i) The labeling information for the shellfish on display as specified under Chapter 3, Section 11, is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(ii) The shellfish are protected from contamination.

(d) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self service containers where allowed by law if:

(i) The labeling information for the shellfish is on each consumer self service container as specified in Chapter 3, Section 11 and in Chapter 4, Section 1 (a) and (b) (i)-(v);

(ii) The labeling information as specified Chapter 3, Section 11 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

(iii) The labeling information and dates specified in Chapter 3, Section 14 (d) (ii) are maintained for 90 days; and

(iv) The shellfish are protected from contamination.

Section 15. Shellstock, Maintaining Identification.

(a) Except as specified under Chapter 3, Section 15(b)(ii), shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.

(b) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the dates of harvest:

(i) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and

(ii) If shellstock are removed from their tagged or labeled container:

(A) Preserves source identification by using a record keeping system as specified under Chapter 3, Section 15(b)(i); and

(B) Ensures that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer.

Section 16. Eggs.

(a) Shell eggs shall conform to the requirements of 7 CFR 57 Inspection of Eggs (Egg Products Inspection Act), 7 CFR Part 56 Regulations Governing the Voluntary Grading of Shell Eggs and USDA AMS 56 U.S. Standards, Grades, and Weight Classes for Shell Eggs.

(b) Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.

Section 17. Packaged and Unpackaged Food; Separation, Packaging, and Segregation.

(a) Food shall be protected from cross contamination by:

(i) Except as specified in (i) (C) below, separating raw animal foods during storage, preparation, holding, and display from:

(A) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables; and

(B) Cooked ready-to-eat food;

(C) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(ii) Except when combined as ingredients, separating types of raw animal food from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(A) Using separate equipment for each type; or

(B) Arranging each type of food in equipment so that cross contamination of one type with another is prevented; and

areas;

(iii) Cleaning equipment and utensils as specified under Chapter 7, Section 1, and sanitizing as specified under Chapter 7, Section 17;

(iv) Except as specified in Chapter 3, Section 17(b), storing the food in packages, covered containers, or wrappings;

(v) Cleaning hermetically sealed containers of food of visible soil before opening;

(vi) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(vii) Storing damaged, spoiled, or recalled food being held in the food establishment as specified under Chapter 3, Section 22;

(viii) Separating fruits and vegetables, before they are washed as specified under Chapter 3, Section 40, from ready-to-eat food; and

(ix) The use of burlap as a wrapping for meat will not be permitted unless the meat is first wrapped with a food grade paper or cloth which will prevent contamination with lint or other foreign matter.

(b) Chapter 3, Section 17(a) (iv), does not apply to:

(i) Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption;

(ii) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks; smoked or cured sausages that are placed on clean, sanitized racks;

(iii) Food being cooled as specified under Chapter 3, Section 32(b) (ii); or

(iv) Shellstock.

Section 18. Preventing Contamination when Tasting.

(a) A food employee may not use a utensil more than once to taste food that is to be sold or served.

Section 19. Temperature Requirements.

(a) Except as specified in Chapter 3, Section 19(b), refrigerated, potentially hazardous food shall be at a temperature of 41oF (5oC ) or below when received.

(b) If a temperature other than 41oF (5oC) for a potentially hazardous food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

(c) Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45ºF (7ºC) or less.

(d) Potentially hazardous food that is cooked to a temperature and for a time specified under Chapter 3, Section 41 through 43, and received hot shall be at a temperature of 135ºF (57.2ºC) or above.

(e) A food that is labeled frozen and shipped frozen by a processing plant shall be received frozen.

(f) Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.

Section 20. Protection from Unapproved Additives.

(a) Food shall be protected from contamination that may result from the addition of, as specified in Chapter 3, Section 6:

(i) Unsafe or unapproved food or color additives; and

(ii) Unsafe or unapproved levels of approved food and color additives.

(b) A food employee may not:

(i) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or

(ii) Serve or sell food specified under Chapter 3, Section 20(b)(i), that is treated with sulfiting agents before receipt by the establishment, except that grapes need not meet this subparagraph.

Section 21. Food Contact with Equipment and Utensils.

(a) Food shall only contact surfaces of equipment and utensils that are cleaned as specified under Chapter 7, Section 1, of this Rule and sanitized as specified under Chapter 7, Section 15, of this Rule or single-service and single-use articles.

Section 22. Segregation and Location of Distressed Merchandise.

(a) Products that are held by the license holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles.

Section 23. Miscellaneous Sources of Contamination.

(a) Food shall be protected from contamination that may result from a factor or source not specified under Chapter 3, Sections 38 and 55.

Section 24. Linens and Napkins, Use Limitation.

(a) Linens and napkins may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

Section 25. Food Storage, Allowable Areas.

(a) Except as specified in Chapter 3, Section 25(b) and (c), food shall be protected from contamination by storing the food:

(i) In a clean, dry location;

(ii) Where it is not exposed to splash, dust, or other contamination; and

(iii) At least six (6) inches (15 cm) above the floor.

(b) Food in packages and working containers may be stored less than six (6) inches (15 cm) above the floor on case lot handling equipment as specified under Chapter 6, Section 43.

(c) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

Section 26. Food Storage, Prohibited Areas.

(a) Food may not be stored:

(i) In locker rooms;

(ii) In toilet rooms;

(iii) In dressing rooms;

(iv) In garbage rooms;

(v) In mechanical rooms;

(vi) Under sewer lines that are not shielded to intercept potential drips;

(vii) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(viii) Under open stairwells; or

(ix) Under other sources of contamination.

Section 27. Storage or Display of Food in Contact with Water or Ice.

(a) Packaged food shall not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or it's positioning in the ice or water.

(b) Except as specified in Chapter 3, Section 27(c) and (d), unpackaged food may not be stored in direct contact with undrained ice.

(c) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

(d) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

Section 28. Food Storage Containers, Identified with Common Name of Food.

(a) Working containers holding food or food ingredients that are removed from their original packages for use in the establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.

Section 29. Vended Potentially Hazardous Food, Original Container.

(a) Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the establishment or processing plant at which it was prepared.

Section 30. Cooling, Heating, and Holding Capacities.

(a) Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Chapter 3, Sections 31, 41, 42, 43, 46, and 51.

Section 31. Cooling Times and Temperatures.

(a) Cooked potentially hazardous food shall be cooled:

(i) Within two (2) hours, from 135oF (60oC) to 70oF (21oC); and

(ii) Within four (4) hours from 70 ( 21oC) to 41oF (5oC) or less.

(b) Potentially hazardous food shall be cooled within four (4) hours to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.

(c) Except as specified in Chapter 3, Section 31(d), a potentially hazardous food received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier as specified in Chapter 3, Section 19(b), shall be cooled within four (4) hours to 41°F (5°C)) or less

(d) Raw eggs shall be received as specified under Chapter 3, Section 19(c) and immediately placed in refrigerated equipment that is capable of maintaining food at 41°F (5°C) or less.

Section 32. Cooling Methods.

(a) Cooling shall be accomplished in accordance with the time and temperature criteria specified under Chapter 3, Section 31, by using one or more of the following methods based on the type of food being cooled:

(i) Placing the food in shallow pans;

(ii) Separating the food into smaller or thinner portions;

(iii) Using rapid cooling equipment;

(iv) Stirring the food in a container placed in an ice water bath;

(v) Using containers that facilitate heat transfer;

(vi) Adding ice as an ingredient; or

(vii) Other effective methods.

(b) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(i) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(ii) Loosely covered, or uncovered if protected from overhead contamination as specified under Chapter 3, Section 25 (a)(ii), during the cooling period to facilitate heat transfer from the surface of the food.

Section 33. Frozen Food Storage.

(a) Stored frozen foods shall be maintained frozen.

Section 34. Parasite Destruction in Fish.

(a) Except as specified in Chapter 3, Section 34 (b), before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:

(i) -4°F (-20°C) or below for a minimum of one hundred sixty eight (168) hours (7 days) in a freezer; or

(ii) -31°F (-35°C) or below until solid and stored at -31ºF (-35ºC) or below for a minimum of fifteen (15) hours or;

(iii) -31ºF (-35ºC) or below until solid and stored at -4ºF (-20ºC) or below for a minimum of 24 hours.

(b) Chapter 3, Section 34 (a) does not apply to:

(i) Molluscan shellfish;

(ii) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(iii) Aquacultured fish, such as salmon, that:

(A) If raised in open water, are raised in net-pens, or

(B) Are raised in land-based operations such as ponds or tanks, and

(D) Fish eggs that have been removed from the skein and rinsed.

Section 35. Records, Creation and Retention for Freezing Fish.

(a) Except as specified in Chapter 3, Section 35(b), if raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records at the establishment for ninety (90) calendar days beyond the time of service or sale of the fish.

(b) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under Chapter 3, Section 34, may substitute for the records specified under Chapter 3, Section 35(a).

(c) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in Chapter 3, Section 34 (b) (i), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in Chapter 3, Section 34 (b) (i) shall be obtained by the person in charge and retained in the records of the food establishment for 90 calendar days beyond the time of service or sale of the fish.

Section 36. Ice.

(a) Ice for use as a food or a cooling medium shall be made from drinking water.

Section 37. Ice Used as Exterior Coolant, Prohibited as Ingredient.

(a) After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.

Section 38. Food Preparation Preventing Contamination.

(a) During preparation, unpackaged food shall be protected from environmental sources of contamination.

Section 39. Preventing Contamination from Hands.

(a) Food employees shall wash their hands as specified under Chapter 5.

(b) Except when washing fruits and vegetables as specified under Chapter 3, Section 40, or when otherwise approved, food employees shall minimize contact with exposed, ready-to-eat food with their bare hands through the use of suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment.

Section 40. Washing Fruits and Vegetables.

(a) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except as specified in Chapter 3, Section 40(b), and except that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

(b) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 - Chemicals used in washing or to assist in the lye peeling of fruits and vegetables.

(c) Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in an establishment or processing plant shall meet the requirements specified in 21 CFR 173.368 Ozone.

Section 41. Raw Animal Foods, Heating Times and Temperatures.

(a) Except as specified under Chapter 3, Section 41(b) and (c), raw animal foods, such as eggs, fish, meat, poultry and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:

(i) 145°F (63°C) or above for 15 seconds for:

(A) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and

(B) Except as specified under Chapter 3, Section 41(a)(ii) and (iii) and (b), fish and meat including game animals commercially raised for food as specified under Chapter 3, Section 4(a) and (b), and game animals under a voluntary inspection program as specified under Chapter 3, Section 4(c);

(ii) 155°F (68ºC) for 15 seconds or the temperature specified in the following chart that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified under Chapter 3, Section 4(a) and (b); game animals under a voluntary inspection program as specified under Chapter 3, Section 4(c); and raw eggs that are not prepared as specified under Chapter 3, Section 41(a)(i)(A):

(iii)

| Minimum | | | --- | --- | | Temperature °F (°C) | Time | | 145 (63) | 3 minutes | | 150 (66) | 1 minute | | 158 (70) | <1 second (instantaneous) |

(iv) 165°F (74°C) or above for 15 seconds for poultry, wild game animals as specified under Chapter 3, Section 4(b) and (c), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites or stuffing containing fish, meat, poultry or ratites.

(b) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts such as ham, shall be cooked:

(i) In an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature:

| Oven Type | Oven Temperature Based on Roast Weight | | | --- | --- | --- | | | Less than 10 lbs (4.5 kg) | 10 lbs (4.5 kg) | | Still Dry | 350ºF (177ºC) or more | 250ºF (121ºC) or more | | Convection | 325ºF (163ºC) or more | 250ºF (121ºC) or more | | High Humidity¹ | 250ºF (121ºC) or more | 250ºF (121ºC) or more | | ¹Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity | | |

(ii) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:

| Temperature ºF (ºC) | Time¹ in Minutes | Temperature ºF (ºC) | Time¹ in Seconds | | --- | --- | --- | --- | | 130 (54.4) | 112 | 146 (63.3) | 169 | | 131 (55.0) | 89 | 147 (63.9) | 134 | | 132 (55.6) | 71 | 148 (64.4) | 107 | | 133 (56.1) | 56 | 149 (65.0) | 85 | | 134 (56.7) | 45 | 150 (65.6) | 67 | | 135 (57.2) | 36 | 151 (66.1) | 54 | | 136 (57.8) | 28 | 152 (66.7) | 43 | | 137 (58.4) | 23 | 153 (67.2) | 34 | | 138 (58.9) | 18 | 154 (67.8) | 27 | | 139 (59.5) | 15 | 155 (68.3) | 22 | | 140 (60.0) | 12 | 156 (68.9) | 17 | | 141 (60.6) | 9 | 157 (69.4) | 14 | | 142 (61.1) | 8 | 158 (70.0) | 0 | | 143 (61.7) | 6 | 159 (70.6) | 0 | | 144 (62.2) | 5 | 160 (71.1) | 0 | | 145 (62.8) | 4 | | | | ¹ Holding time may include postoven heat rise. | | | |

(i) The establishment serves a population that is not a highly susceptible population;

(ii) The steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef" as specified under Chapter 3, Section 1(e); and

(iii) The steak is cooked on both the top and bottom to a surface temperature of 145ºF (63ºC) or above and a cooked color change is achieved on all external surfaces.

(d) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in Chapter 3, Section 41(c), may be served or offered for sale in a ready-to-eat form if:

(i) The food establishment serves a population that is not a highly susceptible population;

(ii) The food, if served or offered for service by consumer selection from a children's menu, shall not offer raw or undercooked comminuted meat; and

(iii) The food is prepared in response to a consumer's order and for immediate service; or

(iv) The regulatory authority grants a variance from Chapter 3, Section 41 (a) or (b), as specified in Chapter 1, Section 5(a), based on a HACCP plan that:

(A) Is submitted by the license holder and approved a specified under Chapter 1, Section 6;

(B) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

(C) Verifies that equipment and procedures for food preparation and training of food employees at the establishment meet the conditions of the variance.

Section 42. Raw Animal Food, Microwave Cooking.

(a) Raw animal food cooked in a microwave oven shall be:

(i) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(ii) Covered to retain surface moisture;

(iii) Heated to a temperature of at least 165oF (74oC) in all parts of the food; and

(iv) Allowed to stand covered for two (2) minutes after cooking to obtain temperature equilibrium.

Section 43. Plant Food Cooking for Hot Holding.

(a) Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 135ºF (57.2ºF).

Section 44. Non-Continuous Cooking of Raw Animal Foods.

(a) Raw animal foods that are cooked using a non-continuous cooking process shall be:

(i) Subject to an initial heating process that is no longer than sixty (60) minutes in duration;

(ii) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time /temperature control for safety food) under Chapter 3, Section 31(a);

(iii) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) under Chapter 3, Section 51 (a)(ii);

(iv) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature of at least 165°F (74°C) for 15 seconds;

(v) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under Chapter 3, Section 31(a) if not either hot held as specified under Chapter 3, Section 51 (a)(i), served immediately, or held using time as a public health control as specified under Chapter 3, Section 62 after complete cooking; and

(vi) Prepared and stored according to written procedures that:

(A) Have prior approval from the regulatory authority;

(B) Are maintained in the food establishment and are available to the regulatory authority upon request;

(C) Describe how the requirements specified under Chapter 3, Section 45 (a) (i)-(v) are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met;

(D) Describe how the foods, after initial heating but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under Chapter 3, Section 45 (a) (iv) prior to being offered for sale or service; and

(E) Describe how the foods, after initial heating but prior to cooking as specified under Chapter 3, Section 45 (a)(iv), are to be separated from ready- to-eat foods as specified under Chapter 3, Section 17.

Section 45. Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes.

(a) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:

(i) Cooked as specified under Chapter 3, Section 41(a)(i) or (ii); or

(ii) Included in Chapter 3, Section 41(d).

Section 46. Reheating for Hot Holding.

(a) Except as specified under Chapter 3, Section 46 (b), (c), and (e), potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165oF (74oC) for fifteen (15) seconds.

(b) Except as specified under Chapter 3, Section 46 (c), potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165oF (74oC) and the food is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating.

(c) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a processing plant that is inspected by the regulatory authority shall be heated to a temperature of at least 135ºF (57.2ºF) for hot holding.

(d) Reheating for hot holding as specified in (a)-(c) of this Section shall be done rapidly and the time the food is between the temperature specified under Chapter 3, Section 51 (a)(ii), and as specified in (a)-(c) of this Section may not exceed two (2) hours.

(e) Remaining unsliced portions of meat roasts that are cooked as specified under Chapter 3, Section 41(b), may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under Chapter 3, Section 41(b).

Section 47. Reheating for Immediate Service.

(a) Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

Section 48. Food Temperature Measuring Devices.

(a) Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under Chapter 3.

(b) A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish filets.

Section 49. Thawing Potentially Hazardous Foods.

(a) Except as specified in Chapter 3, Section 49 (a)(iv), potentially hazardous food shall be thawed:

(i) Under refrigeration that maintains the food temperature at 41°F (5°C) or less); or

(ii) Completely submerged under running water:

(A) At a water temperature of 70°F (21°C) or below;

(B) With sufficient water velocity to agitate and float off loose particles and overflow; and

(D) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under Chapter 3, Section 41(a) or (b), to be above 41oF (5oC) for more than four (4) hours including:

(I) The time the food is exposed to the running water and the time needed for preparation for cooking; or

(II) The time it takes under refrigeration to lower the food temperature to 41oF (5oC).

(iii) As part of a cooking process if the food that is frozen is:

(A) Cooked as specified under Chapter 3, Section 41(a) or (b), or Chapter 3, Section 42; or

(B) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(iv) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

Section 50. Potentially Hazardous Food, Slacking.

(a) Frozen potentially hazardous food that is slacked to moderate the temperature shall be held:

(i) Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or

(ii) At any temperature if the food remains frozen.

Section 51. Potentially Hazardous Food, Hot and Cold Holding.

(a) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Chapter 3, Section 62, potentially hazardous food shall be maintained:

(i) At 135ºF (57.2ºC) or above, except that roasts cooked to a temperature and for a time specified under Chapter 3, Section 41(b), or reheated as specified in Chapter 3, Section 45(e), may be held at a temperature of 130oF (54oC) or above; or

(ii) At 41°F (5°C) or less.

(b) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of or less.

Section 52. Condiments, Protection.

(a) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

(b) Condiments at a vending machine location shall be in packages or provided in dispensers that are filled at an approved location, such as the establishment that provides food to the vending machine location, a processing plant, or a properly equipped facility that is located on the site of the vending machine location.

Section 53. Utensils, Consumer Self-Service.

(a) A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar.

Section 54. Using Clean Tableware for Second Portions and Refills.

(a) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.

(b) Except as specified in Chapter 3, Section 54 (c), self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

(c) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under Chapter 6, Section 30 (a)(i)(ii), and (iv).

Section 55. In-Use Utensils, Between-Use Storage.

(a) During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(i) Except as specified under Chapter 3, Section 55 (a) (ii), in the food with their handles above the top of the food and the container;

(ii) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(iii) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment is cleaned and sanitized at a frequency specified under Chapter 7, Sections 1 and 16;

(iv) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(v) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous; or

(vi) In a container of water if the water is maintained at a temperature of at least 135ºF (57.2ºC) and the container is cleaned at a frequency specified under Chapter 7, Section 1(d) (vii).

Section 56. Refilling Returnables.

(a) A take-home food container returned to a food establishment may not be refilled at an establishment with a potentially hazardous food.

(b) Except as specified in Chapter 3, Section 56 (c), a take-home food container refilled with food that is not potentially hazardous shall be cleaned as specified under Chapter 7, Section 37(b).

(c) Personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under Chapter 6, Section 30(a)(i), (ii) and (iv).

Section 57. Returned Food, Re-Service or Sale.

(a) Except as specified Chapter 3, Section 57 (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.

(b) Except as specified under Chapter 3, Section 69, a container of food that is not potentially hazardous may be transferred from one consumer to another if:

(i) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(ii) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

Section 58. Food Display Protection.

(a) Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards, display cases; or other effective means.

Section 59. Consumer Self-Service Operations.

(a) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This paragraph does not apply to:

(i) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(ii) Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats, consumer-selected ingredients for Mongolian barbecue; or

(iii) Raw, frozen, shell-on shrimp or lobster.

(b) Consumer self-service operations for ready-to-eat foods shall provide suitable utensils or effective dispensing methods that protect the food from contamination.

(c) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.

Section 60. Ready-to-Eat, Potentially Hazardous Food, Date Marking.

(a) Except when packaging food using a reduced oxygen packaging method as specified in Chapter 3, Section 64, and except as specified in Chapter 3, Section 60 (d), refrigerated, ready-to-eat, potentially hazardous food prepared and held in an establishment for more than twenty four (24) hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature specified in Chapter 3, Section 51 (a) (ii) and the times noted below. The day of preparation shall be counted as Day 1.

(i) A maximum of seven (7) days at 41°F (5°C) or less

(b) Except as specified in Chapter 3, Section 60 (d) and (e), if the food is held for more than twenty four (24) hours refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by a processing plant shall be clearly marked, at the time the original container is opened in an establishment to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in Chapter 3, Section 60 (a); and

(i) The day the original container is opened in the establishment shall be counted as Day 1; and

(ii) The day or date marked by the establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.

(c) A refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.

(d) A date marking system that meets the criteria stated in Chapter 3, Section 60 (a) and (b) may include:

(i) Using a method approved by the regulatory authority for refrigerated, ready-to-eat potentially hazardous food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(ii) Marking the date or day of preparation, with a procedure to discard the food or on before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in (a) of this Section;

(iii) Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in (b) of this Section; or

(iv) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the regulatory authority upon request.

(e) Chapter 3, Section 60 (a) and (b), do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

(f) Chapter 3, Section 60 (b) does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

(i) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110 Current good manufacturing practice in manufacturing, packing, or holding human food;

(ii) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(iii) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(iv) Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(v) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(vi) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled "Keep Refrigerated" as specified in 9 CFR 317 Labeling, marking devices, and containers, and which retain the original casing on the product; and

(vii) Shelf stable salt-cured products such as prosciutto and Parma (ham) that are not labeled "Keep Refrigerated" as specified in 9 CFR 317 Labeling, marking devices, and containers.

Section 61. Ready-to-Eat, Potentially Hazardous Food, Disposition.

(a) A food specified under Chapter 3, Section 60 (a) or (b), shall be discarded if it:

(i) Is in a container or package that does not bear a date or day; or

(ii) Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in Chapter 3, Section 51.

(b) Refrigerated, ready-to-eat, potentially hazardous food prepared in an establishment or processing plant and dispensed through a vending machine with an automatic shut-off control shall be discarded if it exceeds a temperature and time combination as specified in Chapter 3, Section 51.

Section 62. Time as a Public Health Control.

(a) Except as specified in Chapter 3, Section 62 (d), if time only, is used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption:

(i) Written procedures shall be prepared in advance, maintained in the establishment and made available to the regulatory authority upon request, that specify:

(A) Methods of compliance with Chapter 3, Section 61 (b) (i)-(iii) or (c) (i)-(v); and

(B) Methods of compliance with Chapter 3, Section 31 for food that is prepared, cooked, and refrigerated before time is used as a public health control.

(b) If time only, rather than time in conjunction with temperature control, up to a maximum of 4 hours, is used as the public health control:

(i) The food shall have an initial temperature of 41ºF (5ºC) or less if removed from cold holding temperature control or 135ºF (57ºC) or greater if removed from hot holding temperature control:

(ii) The food shall be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control;

(iii) The food shall be cooked and served, served if ready-to-eat, or discarded within four (4) hours from the point in time when the food is removed from temperature control;

(iv) The food in unmarked containers or packages or marked to exceed a four (4) hour limit shall be discarded.

(c) If time only, rather than time in conjunction with temperature control, up to a maximum of 6 hours, is used as the public health control:

(i) The food shall have an initial temperature of 41ºF (5ºC) or less when removed from temperature control and the food temperature may not exceed 70ºF (21ºC) within a maximum time period of 6 hours;

(ii) The food shall be monitored to ensure the warmest portion of the food does not exceed 70ºF (21ºC) during the 6-hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 70ºF (21ºC) during the 6-hour holding period;

(iii) The food shall be marked or otherwise identified to indicate:

(A) The time when the food is removed from 41ºF (5ºC) or less cold holding temperature control, and

(B) The time that is 6 hours past the point in time when the food is removed from cold holding temperature control;

(iv) The food shall be:

(A) Discarded if the temperature of the food exceeds 70°F (21°C), or

(B) Cooked and served, served if ready-to-eat, or discarded within a maximum of 6 hours from the point in time when the food is removed from 41ºF (5ºC) or less cold holding temperature control; and

(v) The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour limit shall be discarded.

(d) A food establishment that serves a highly susceptible population may not use time as specified in Chapter 3, Section 62 (a)-(c) as the public health control for raw eggs.

Section 63. Variance Requirement.

(a) An establishment or processing plant shall obtain a variance from the regulatory authority as specified in Chapter 1, Section 6, and under Chapter 1, Section 7, before:

(i) Smoking food as a method of food preservation rather than as a method of flavor enhancement;

(ii) Curing food;

(iii) Using food additives or adding components such as vinegar:

(A) As a method of food preservation rather than as a method of flavor enhancement, or

(B) To render a food so that it is not potentially hazardous;

(iv) Packaging food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under Chapter 3, Section 64;

(v) Operating a molluscan shellfish life-support system display tank used to store and or display shellfish that are offered for human consumption;

(vi) Custom processing animals that are for personal use as food and not for sale or service in an establishment or processing plant;

(vii) Preparing food by another method that is determined by the regulatory authority to require a variance; or

(viii) Sprouting seeds or beans.

Section 64. Reduced Oxygen Packaging without a variance, Criteria.

(a) Except for an establishment or processing plant that obtains a variance as specified under Chapter 3, Section 63, an establishment or processing plant that packages potentially hazardous food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(b) An establishment or processing plant that packages potentially hazardous food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under Chapter 10, Section 2(a)(iv), and that:

(i) Identifies the food to be packaged;

(ii) Except as specified in (c) and (e) and as specified in (d) of this Section, requires that the packaged food shall be maintained at 41ºF (5ºC) or less and meet at least one of the following criteria:

(A) Has an aw of 0.91 or less;

(B) Has a pH of 4.6 or less;

(C) Is a meat or poultry product cured at a food processing plant regulated by the U.S.D.A. using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation and is received in an intact package; or

(D) Is a food with a high level of competing organisms such as raw meat, raw poultry or raw vegetables;

(iii) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(A) Maintain the food at 41ºF (5ºC) or below; and

(B) Discard the food if within fourteen (14) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;

(iv) Limits the refrigerated shelf life to no more than fourteen (14) calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first;

(v) Includes operational procedures that:

(A) Prohibit contacting ready-to-eat food with bare hands as specified under Chapter 3, Section 39 (b);

(B) Identify a designated area and the method by which:

(I) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

(II) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; and

(vi) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(A) Concepts required for a safe operation;

(B) Equipment and facilities; and

(c) Except for fish that is frozen before, during, and after packaging, an establishment may not package fish using a reduced oxygen packaging method.

(d) Except as specified in (c) of this Section, an establishment or processing plant that packages food using a cook-chill or sous vide process shall:

(i) Implement a HACCP plan that contains the information as specified in Chapter 10, Section 2 (iv);

(ii) Ensure the food is:

(A) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer,

(B) Cooked to heat all parts of the food to a temperature and for a time as specified in Chapter 3, Section 41,

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C),

(E) Cooled to 41°F (5°C) in the sealed package as specified in Chapter 3, Section 31 and subsequently:

(I) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C); and held at that temperature until consumed or discarded within 30 days after the date of packaging;

(II) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C), removed from refrigeration equipment that maintains a 34°F (1°C) food temperature and then held at 41°F (5°C) or below for no more than 72 hours, at which time the food must be consumed or discarded.

(III) Cooled to 38°F (3ºC) or less within 24 hours of reaching 41ºF (5ºC) and held there for no more than 72 hours from packaging, at which time the food must be consumed or discarded; or

(IV) Held frozen with no shelf life restriction while frozen until consumed or used.

(F) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily,

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, and

(H) Labeled with the product name and the date packaged; and

(iii) The records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan, are maintained and are:

(A) Make such records available to the regulatory authority upon request, and

(B) Hold such records for at least 6 months; and

(iv) Implement written operational procedures as specified in (b) (v) of this Section and a training program as specified in (b) (vi) of this Section.

(e) An establishment that packages cheese using a reduced oxygen packaging method shall:

(i) Limits the cheeses packaged to those that are commercially manufactured in a processing plant with no ingredients added in the establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses;

(ii) Have a HACCP plan that contains the information specified in Chapter 10, Section 2 (a) (iv) and as specified under (b)(i), (b)(iii)(A) and (b)(vi) of this Section;

(iii) Labels the package on the principal display panel with a "use by" date that does not exceed 30 days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and

(iv) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging.

Section 65. Standards of Identity, Date Information.

(a) Packaged food shall comply with standard of identity requirements as specified in law including the Wyoming Food, Drug and Cosmetic Safety Act, W. S. 35- 7-110 through 35-7-127, 21 CFR 131-169 and 9 CFR 319 Definitions and Standards of Identity or Composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General.

(b) Food establishment or manufacturers' dating information on foods may not be concealed or altered and must comply with law including the Wyoming Food, Drug and Cosmetic Safety Act, W. S. 35-7-110 through 35-7-127

Section 66. Honestly Presented.

(a) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer and as specified in law including the Wyoming Food, Drug and Cosmetic Safety Act, W. S. 35-7-110 through 35-7-127.

(b) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food and as specified in law including the Wyoming Food, Drug and Cosmetic Safety Act, W. S. 35-7-110 through 35-7-127.

Section 67. Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.

(a) Except as specified in Chapter 3, Section 41 (c) and (d) (iv) and in Chapter 3, Section 68 (a) (iii), if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens either in ready-to-eat form or as an ingredient in another ready-to-eat food, the license holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in (b) and (c) of this section using brochures, deli case or menu advisories, label statements, table tents, placards or other effective written means.

(b) Disclosure shall include:

(i) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)" "raw-egg Caesar salad," and "hamburgers (can be cooked to order)"; or

(ii) Identification of the animal-derived food by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.

(i) Written information is available upon request regarding the safety of these items;

(ii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illness; or

(iii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illness, especially if you have certain medical conditions.

Section 68. Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food.

(a) A food that is unsafe, adulterated, or not honestly presented shall be reconditioned according to an approved procedure or discarded.

(b) Food that is not from an approved source as specified under Chapter 3, Sections 1-4 and 8-10, shall be discarded.

(c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under Chapter 1, Section 13, shall be discarded.

(d) Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.

Section 69. Pasteurized Foods, Prohibited Re-Service, and Prohibited Food.

(a) In an establishment that serves a highly susceptible population:

(i) The following criteria apply to juice:

(A) For the purposes of this paragraph only, children who are age 9 or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;

(B) Prepackaged juice or a prepackaged beverage containing juice that bears a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling, or a packaged juice or beverage containing juice, that bears a warning label as specified under Chapter 3, Section 76 (a) (ii) may not be served or offered for sale; and

(C) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified under Chapter 10, Section 2 (a)(ii)-(v) and as specified in 21 CFR Part 120 - Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart B Pathogen Reduction, 120.24 Process controls.

(ii) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(A) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages;

(B) Except as specified in Chapter 3, Section 69 (v), recipes in which more than one egg is broken and the eggs are combined;

(v) The following foods may not be served or offered for sale in a ready-to-eat form:

(A) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare;

(B) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue; and

(iv) Time only, as the public health control as specified in Chapter 3, Section 62 (d), may not be used for raw eggs.

(vi) Chapter 3, Section 69 (a) (ii)(B), does not apply if:

(A) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified in Chapter 3, Section 41(a)(i), and served immediately, such as an omelet, soufflé, or scrambled eggs;

(B) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

(I) Identifies the food to be prepared;

(II) Prohibits contacting ready-to-eat food with bare hands;

(III) Includes specifications and practices that ensure:

(1.) Salmonella enteritidis growth is controlled before and after cooking; and

(2.) Salmonella enteritidis is destroyed by cooking the eggs according to the temperature and time specified in Chapter 3, Section 41(a)(ii);

(IV) Contains the information specified in Chapter 10, Section 2(a)(iv), including procedures that:

(1.) Control cross contamination of ready-to-eat food with raw eggs; and

(2.) Delineate cleaning and sanitization procedures for food-contact surfaces; and

(V) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

Section 70. Extraction of Honey.

(a) Honey should be extracted only from combs free from blood of the bees or the larvae of the wax moth, and combs that are properly capped.

(i) Combs from colonies containing dead adults or larvae, pesticides, antibiotics or any other adulterants shall not be extracted.

Section 71. Pumping Honey.

(a) Before pumping honey, it shall first be strained through a screen of at least eight mesh to the inch, or pumped from a baffled sump tank which provides a constant supply of honey for the pump.

Section 72. Honey Grading.

(a) All honey or honey product sold or offered for sale or grade shall conform to the grading requirements of 50 FR 15861 United States Standards for Grades of Extracted Honey or 32 FR 7565 United States Standards for Grades of Comb Honey for the specific grade to which reference is made.

Section 73. Meat and Poultry Establishment Processing Requirements.

(a) Meat and poultry products processed in an official establishment shall meet the requirements of 9 CFR 318 Products and Other Articles Entering Official Establishments, 319 Definitions and Standards of Identity or Composition, and 381 Poultry Products Inspection Regulations, Subpart O- Entry of Articles Into Official Establishments; Processing Inspection and Other Reinspections; Processing Requirements, and Subpart P- Definitions and Standards of Identity or Composition.

Section 74. Tagging Food Products, "Wyoming Retained."

(a) Any food product suspected of being adulterated or in any way unfit for human food may be tagged with a "Wyoming Retain" tag by the regulatory authority.

(i) The regulatory authority shall:

(A) Record the tag number; and

(B) The kind and amount of the food product retained.

(ii) The retain tag shall:

(A) Accompany the food product to the room in which it is retained for final inspection; and

(B) Not be removed except under the following condition:

(I) When the final inspection is made, if the food product is an inspected meat product the disposition shall be determined by the regulatory authority.

(iii) The regulatory authority shall make a complete record of the transaction.

(iv) If, upon final inspection, the food product is passed for food, the regulatory authority shall remove the retain tag and record the transaction.

(b) No meat food product which does not meet the requirements of the Federal Meat Inspection Act, the Poultry Products Inspection Act, or 9 CFR 300 to End, may be prepared or sold.

(i) Any meat food product found to violate subsection (b) may be tagged with a "Wyoming Retain" tag by the regulatory authority;

(ii) The retained product shall not be sold or disposed of until an investigation is performed by the regulatory authority; and

(iii) The "Wyoming Retain" tag shall only be removed by the regulatory authority.

Section 75. Juice Treated.

(a) Pre-packaged juice shall:

(i) Be obtained from a processor with a HACCP system as specified in 21 CFR 120;

(ii) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR Part 120.24; or

(iii) Bear a warning label as specified in 21 CFR Section 101.17(g).

Section 76. Treating Juice.

(a) Juice packaged in an establishment or processing plant shall be:

(i) Treated under a HACCP plan as specified in Chapter 10, Section 2(a)(ii)-(v) to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance; or

(ii) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of pubic health significance:

(A) As specified under Chapter 4, and

(B) As specified in 21 CFR 101.17(g) with the phrase, "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."

History

Effective 2012-12-10

Chapter 4 Labeling

Wyo. Code R. 010.0003.4.12102012 Labeling

CHAPTER 4

LABELING

Section 1. Labels.

(a) Food packaged in an establishment or processing plant shall be labeled as specified in law, including 21 CFR 101 Food Labeling and 9 CFR 317 Labeling, Marking Devices, and Containers.

(b) Label information shall include:

(i) The common name of the food, or absent a common name, an adequately descriptive identity statement;

(ii) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor;

(v) Except as exempted in the Federal Food, Drug, and Cosmetic Act 403(Q)(3)-(5) nutrition labeling as specified in 21 CFR 101 Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling;

(vi) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin; and

(vii) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.

(c) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer's or processor's label that was provided with the food; or

(ii) A card, sign, or other method of notification that includes the information specified under Chapter 4, Section 1(b) (i), (ii), and (v).

(d) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the establishment or processing plant or at another establishment or a processing plant that is owned by the same person and is regulated by the regulatory authority.

Section 2. Other Forms of Information.

(a) If required by law, consumer warnings shall be posted.

(b) Establishment, processing plant, or manufacturers' dating information on foods may not be concealed or altered.

Section 3. Country of Origin Food Labeling; Requirements and Inspections.

(a) Pursuant to 7 CFR 60 Country of Origin Labeling for Fish and Shellfish and 7 CFR 65 Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Macadamia Nuts, and Peanuts, every Perishable Agricultural Commodities Act (PACA) licensed retailer who sells or offers for sale in this state is required to notify customers of the country of origin of covered commodities.

(i) "Covered Commodities" include raw muscle cuts of beef (including veal), lamb, chicken, goat and pork; ground beef, lamb, pork, goat and chicken; wild and farm-raised fish and shellfish; perishable agricultural commodities; macadamia nuts, pecans, peanuts, and ginseng.

(A) Covered commodities are excluded from this part if the commodity is a processed food.

(ii) "Perishable agricultural commodity" means fresh and frozen fruits and vegetables of every kind and character which have not been manufactured into articles of a different kind or character, including cherries in brine.

(iii) "Processed food item" means a retail item derived from a covered commodity that has undergone specific processing resulting in a change in the character of the covered commodity, or that has been combined with at least one (1) other covered commodity or other substantive food component (e.g., chocolate, breading, sauces), except that the addition of a component (such as water, salt or sugar) would not in itself result in a processed food item. Specific processing that results in a change in the character of the covered commodity includes cooking, curing, smoking and restructuring.

(iv) "Retailer" as defined by the Perishable Agricultural Commodities Act (PACA) of 1930 refers only to retailers handling fresh and frozen fruits and vegetables with an invoice value of at least $230,000.00 annually. Those retailers are required to be licensed under PACA.

(v) "Wholesaler" any establishment that supplies retailers with one or more of the covered commodities and will be required by retailers to provide country of origin and, if applicable, method of production information so that the retailers can accurately supply that information to customers.

(b) The following labeling is required:

(i) Country of origin declarations which can be in the form of a placard, sign, label, sticker, band twist tie, pin tag, or other format which allows consumers to identify the country of origin.

(A) The declaration of the country of origin of a product may be in statement form such as "Product of the USA", "Produce of the USA", or "Grown in Mexico", may state the country of origin only, such as USA or Canada; or may be indicated by a check box.

(B) The declaration of the country of origin must be legible and in a conspicuous location, which makes it likely to be read and understood by the customer under normal conditions of purchase.

(C) The declaration of country of origin may be typed, printed, or handwritten and must not obscure other labeling information.

(D) Bulk containers such as display cases, shipper containers, bins, cartons and barrels used at retail level to present product to consumers, may contain covered commodities from more than one country of origin provided all possible country of origins are listed.

(E) Only those country abbreviations approved for use under Customs and Border Protection rules, regulations and policies, such as "UK" for "The United Kingdom of Great Britain and Northern Ireland", "Luxemb" for Luxembourg, and "U.S." or "USA" for the "United States of America" are acceptable.

(I) Symbols or flags may be used to denote country of origin with or as part of a proper label.

(F) Domestic perishable agricultural commodities, peanuts, pecans, macadamia nuts and ginseng may use abbreviated U.S. state declarations as long as the federal Country Of Origin Labeling (COOL) regulations are followed and the official U.S. Postal Service abbreviations are used.

(G) Method of production for fish and shellfish can also be declared on the form described in Chapter 4, Section 3 (b) (i). Acceptable forms of production designations include, "wild caught", "wild", "farm-raised", or "farmed".

(I) Method of production designations of "ocean caught", "caught at sea", "line caught", "cultivated", or "cultured", are not acceptable.

(i) All records must be legible and may be maintained in either electronic or hard copy formats. Due to the variation in inventory and recordkeeping systems, various forms are acceptable.

(ii) Meat suppliers and retailers shall make records maintained in the normal course of business that verify an origin claim available to the director, upon request.

(A) Such records shall be provided within 5 business days of the request.

(iii) A supplier that provides a covered commodity to a retailer, whether directly or indirectly, must provide the country (ies) of origin information for covered commodities.

(iv) Country of origin labeling records, including pre-labeled consumer packages or master containers, must contain information identifying the retail supplier, the product, the country (ies) of origin and method of production (if applicable) tracking, linking the documentation to the covered commodity.

(A) Acceptable forms of tracking include:

(I) Invoices;

(II) Bills of lading; or

(III) Purchase orders; which must contain:

(1.) Purchase order number;

(2.) Date;

(3.) Product unique identifier, best by date, or lot number; and

(4.) Package size, brand name, etc.

(v) All records that identify a covered commodity shall be maintained for a period of one (1) year from the date the retailer makes the country of origin declaration.

(d) Inspectors of the Wyoming Department of Agriculture shall, as part of their routine evaluations of retail establishments, inspect the covered commodity declarations of country of origin and method of production, including the records maintained for covered commodities.

Section 4. Exemptions to Country of Origin Labeling.

(a) Exemptions to the country of origin labeling requirements are found in 7 CFR 65.140 Food Service Establishment and 7 CFR 65.220 Processed Food Item.

(b) Retailers not required to be PACA licensed are exempt from Section 3 above.

Section 5. Official Marks, Devices, Marking Products and Their Containers.

(a) The official inspection legend, marks, devices and certificates required by 9 CFR 312 Official Marks, Devices and Certificates, as amended, and 9 CFR 316 Marking Products and Their Containers, as amended, shall be applied and used on inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the director and shall be in the appropriate form.

(i) Meat inspection stamps which contain the words "Wyoming Inspected and Passed" and "Wyoming Inspected and Condemned" shall be provided by the Wyoming Department of Agriculture to all establishments which have been approved and granted state meat or poultry inspection service by the department.

(b) The use of the inspection legend is prohibited except under supervision of the director.

(i) No person shall affix or place or cause to be affixed or place the inspection legend, or any abbreviation, copy or representation thereof, to or on any product or container thereof except under the supervision of the director; and

(ii) No person shall fill or cause to be filled in whole or in part with any product, any container bearing or intended to bear the inspection legend or any abbreviation, copy or representation thereof, except under the supervision of the director.

(i) The department shall furnish or have approved such ink brands, burning brands and like devices for marking products as the director may require.

(A) The mark of inspection on such a device shall be in the following form as a facsimile of one of the official brands using the size best suited for the purpose intended:

(ii) In advance of manufacture, brands and marking devices shall:

(A) Have complete and accurate descriptions and designs as specified in Chapter 4, Section 4(c) (i) (A), submitted to and approved by the director;

(B) Every such brand and device which bears the inspection legend shall be delivered into the custody of the Wyoming Department of Agriculture; and

(iii) When not in use for marking inspected and passed product, all such brands and devices bearing the inspection legend shall be kept locked in properly equipped lockers or compartments, the keys of which shall not leave the possession of the regulatory authority.

(d) No person shall remove or cause to be removed from an official establishment any article which this Rule requires to be marked.

(e) Branding ink shall be:

(i) Furnished by the official establishment for marking product;

(ii) Made with harmless ingredients that are approved by the Wyoming Department of Agriculture; and

(iii) Of proper color.

(f) Brands or marking devices shall be of such style and type as will make a clear and legible impression as determined by the Wyoming Department of Agriculture.

(g) Each carcass which has been inspected and passed in an official establishment shall be marked at the time of inspection with the inspection legend in accordance with 9 CFR 316 Marking Products and Their Containers and 9 CFR 381, Subpart M-Official Marks, Devices and Certificates; Export Certificates; Certification Procedures.

(h) The official inspection legend, marks, devices and certificates required by 9 CFR 352 Exotic Animals; Voluntary Inspection or 9 CFR 354 Voluntary Inspection of Rabbits and Edible Products Thereof shall be applied and used on inspected and passed carcasses and parts of carcasses of exotic animals or rabbits as approved by the director and shall be in the appropriate form.

(i) The specific requirements for use of an official mark of inspection shall be the same as Section 5 (a)-(g) above and Section 6 below.

Section 6. Specific Labeling Requirements for Inspected and Passed Meat and Poultry Products, Label Contents and Approval.

(a) Any inspected and passed meat or poultry product placed or packed in any can, pot, tin, canvas or other receptacle or covering constituting an immediate or true container shall be labeled as specified in this Rule, or in law, including 9 CFR 317 Labeling, Marking Devices and Containers and 9 CFR 381, Subpart N-Labeling and Containers.

(b) Labels shall be approved by the director.

(i) No label shall be used on any product until it has been approved in its final form by the director.

(A) The label shall be submitted in triplicate to the director for approval; and

(B) The label shall be submitted as it appears in its final form.

(ii) Inserts, tags, liners, posters and like devices containing printed or graphic matter and for use on, or to be placed within, containers and coverings of product shall be:

(A) Submitted for approval in the same manner as provided for labels in Chapter 4, Section 6 (b) (i), except that:

(I) Inspectors may permit use of such devices which contain no reference to product and bear no misleading feature.

(iii) The inspector may permit the use of approved labels or other marking modifications provided the labeling or marking as modified is so used as not to be false or deceptive.

(iv) Approved labels shall only be used on:

(A) Products to which they are applicable; and

(B) Products for which they are approved.

Section 7. Ungraded Eggs.

(a) A person selling ungraded eggs in Wyoming shall follow the requirements for an exempt producer as defined in 7 CFR 57, Inspection of Eggs (Egg Products Inspection Act).

(b) Any person selling ungraded, uninspected eggs in Wyoming shall:

(i) Label the carton:

(A) Ungraded eggs;

(B) Include the name and address of the exempt producer; and

(i) Only cartons that are clean and in good condition may be reused;

(ii) Cartons with a USDA Grade shield shall not be reused; and

(iii) All wording and dates on reused cartons shall be completely marked out.

Section 8. Bottled Water Labeling Requirements.

(a) All bottled water shall conform to 21 CFR 101 Food Labeling and be labeled in compliance with the following standards:

(i) Mineral water may be labeled "mineral water," or "natural mineral water."

(ii) Spring water may be labeled "spring water" or "natural spring water."

(iii) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or from which the gas is naturally occurring in the water may bear on its label the words "naturally carbonated" or "naturally sparkling."

(iv) Bottled water which contains carbon dioxide other than that which is naturally occurring in the source of the product shall be labeled with the words "carbonated" or "sparkling" when the carbonation is obtained from a natural or manufactured source.

(v) Well water may be labeled "well water" or "natural well water."

(vi) Artesian water may be labeled "artesian water," "natural artesian water," "well water" or "natural well water."

(vii) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label. However, nothing contained herein shall preclude labeling purified water produced by distillation as "distilled water."

(viii) Drinking water may be labeled "drinking water."

(ix) Any bottler, distributor or vendor of bottled water whose corporate name, brand name or trademark contains the words "spring," "springs," "well," "artesian well," "mineral" or "natural" or any derivative of those words shall label each bottle with the source of the water in type face at least equal to the size of the type face of the corporate name or trademark, if the source of the bottled water is different from the source stated in the corporate name, brand name or trademark.

(x) The use of words "spring," "spring fresh," "spring brand," "spring type," or other language containing the word "spring" to describe water that is not spring water as defined herein shall be prohibited.

(xi) A product meeting more than one definition may be identified by any of the applicable product names, except where otherwise specifically prohibited.

(xii) Supplemental printed information and graphics concerning recognized uses of the water may appear on the label but shall not imply properties of the product or preparation methods which are not factual.

History

Effective 2012-12-10

Chapter 5 Personal Hygiene

Wyo. Code R. 010.0003.5.12102012 Personal Hygiene

CHAPTER 5

PERSONAL HYGIENE

Section 1. Employee Health.

(a) Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

Section 2. Clean Condition.

(a) Food employees shall keep their hands and exposed portions of their arms clean.

Section 3. Cleaning Procedure.

(a) Except as specified in Chapter 5, Section 3 (d), food employees shall clean their hands and exposed portions of their arms (or surrogate prosthetic devices for hands or arms) for at least 20 seconds, using a cleaning compound in a lavatory that is equipped as specified under Chapter 8, Section 55(a)

(b) Food employees shall use the following cleaning procedure:

(i) Administering vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands and arms (or by vigorously rubbing the surrogate prosthetic devices for hands or arms) for at least 10 to 15 seconds, followed by;

(ii) Thorough rinsing under clean, running warm water; and

(iii) Immediately follow the cleaning procedure with thorough drying of cleaned hands and arms (or surrogate prosthetic devices) using a method as specified in Chapter 8, Section 58.

(d) An automatic handwashing facility, capable of removing the types of soils encountered in the food operations involved and approved by the Department, may be used by food employees to clean their hands or surrogate prosthetic devices.

Section 4. When To Wash.

(a) Food employees shall clean their hands and exposed portions of their arms as specified under Chapter 5, Section 3, immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and:

(i) After touching bare human body parts other than clean hands and clean, exposed portions of arms;

(ii) After using the toilet room;

(iii) After caring for or handling service animals or aquatic animals as specified in Chapter 5, Section 9(e);

(iv) Except as specified in Chapter 5, Section 9 (b) (i), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;

(v) After handling soiled equipment or utensils;

(vi) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;

(vii) When switching between working with raw food and working with ready-to-eat food;

(viii) Before donning gloves for working with food;

(ix) After dressing or handling diseased carcasses, inedibles, viscera, or paunches; and

(x) After engaging in other activities that contaminate the hands.

Section 5. Where To Wash.

(a) Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.

Section 6. Hand Antiseptics.

(a) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

(i) Comply with one of the following:

(A) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; or

(B) Have active antimicrobial ingredients that are listed in:

(I) The FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash; and

(ii) Comply with one of the following:

(A) Have components that are exempted from the requirement of being listed in federal Food Additive regulations as specified in 21 CFR 170.39 - Threshold of regulation for substances used in food-contact articles; or

(B) Comply with and be listed in:

(I) 21 CFR 178- Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as an additive with conditions of safe use; or

(II) 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe for use in contact with food; and

(iii) Be applied only to hands that are cleaned as specified under Chapter 5, Section 3.

(b) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified under Chapter 5, Section 6(a), use shall be:

(i) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or

(ii) Limited to situations that involve no direct contact with food by the bare hands.

(c) A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least one hundred (100) mg/l chlorine.

Section 7. Gloves, Use Limitation.

(a) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.

(b) Except as specified in Chapter 5, Section 7(c), slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under Chapter 3, Section 41, such as frozen food or a primal cut of meat.

(c) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

(d) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under Chapter 3, Section 41, such as frozen food or a primal cut of meat.

Section 8. Clothing.

(a) Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(b) Except as provided in Chapter 5, Section 8(c), food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(c) This Section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

Section 9. Employee Practices.

(a) Except as specified in Chapter 5, Section 9(b), an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.

(b) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

(i) The employee's hands;

(ii) The container; and

(iii) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(c) While preparing food, food employees may not wear jewelry on their arms or hands. This Section does not apply to a plain ring such as a wedding band.

(d) Except as specified in Chapter 5, Section 9 (e), food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in Chapter 9, Section 52 (b)(ii)-(iv).

(e) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under Chapter 5, Sections 3 and 4 (a) (iii).

(f) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.

(g) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food.

History

Effective 2012-12-10

Chapter 6 Equipment and Utensils

Wyo. Code R. 010.0003.6.12102012 Equipment and Utensils

CHAPTER 6

EQUIPMENT AND UTENSILS

Section 1. Equipment and Utensils, Design and Construction.

(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under conditions of normal use.

Section 2. Lead in Ceramic, China, and Crystal Utensils; Use Limitation.

(a) Ceramic, china, crystal utensils, and decorative utensils such as hand painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:

| Utensil Category | Ceramic Article Description | Maximum Lead mg/l | | --- | --- | --- | | Beverage Mugs, Cups, Pitchers | Coffee Mugs | 0.5 | | Large Hollowware (excluding pitchers) | Bowls 1.1 L (1.16 qt) | 1 | | Small Hollowware (excluding cups & mugs) | Bowls < 1.1 L (1.16 qt) | 2.0 | | Flat Tableware | Plates, Saucers | 3.0 |

(b) Pewter alloys containing lead in excess of 0.05% may not be used as a food contact surface.

Section 3. Copper, Use Limitation.

(a) Except as specified in Chapter 6, Section 3(b), copper and copper alloys such as brass may not be used in contact with a food that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator.

(b) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the pre-fermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

Section 4. Galvanized Metal, Use Limitation.

(a) Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.

Section 5. Single-Service and Single-Use.

(a) Materials that are used to make single-service and single-use articles:

(i) May not:

(A) Allow the migration of deleterious substances; or

(B) Impart odors, colors, or tastes to food; and

(ii) Shall be:

(A) Safe; and

(B) Clean.

Section 6. Wood, Plastic; Use Limitation.

(a) Except as specified in Chapter 6, Section 6 (b), (c), and (d), wood and wood wicker may not be used as a food-contact surface.

(b) Hard maple or an equivalently hard, close-grained wood may be used for:

(i) Cutting blocks; cutting boards; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(ii) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 230°F (110°C) or above.

(c) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

(d) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

(i) Untreated wood containers; or

(ii) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood.

(e) Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods may be used.

Section 7. Shells, Use Limitation.

(a) Mollusk and crustacea shells may not be used more than once as serving containers.

Section 8. Single-Service and Single-Use Articles, Use Limitation.

(a) Single service and single-use articles may not be reused.

(b) The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one (1) inch (2.5 cm) protruding from the chilled dispensing head.

Section 9. Single-Service and Single-Use Articles, Required Use.

(a) An establishment without facilities specified under Chapter 7, Sections 1 and 2, for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers.

Section 10. Food Equipment, Certification and Classification.

(a) Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program is deemed to comply with Sections 1 and 11, of this Chapter.

Section 11. Characteristics of Food Contact Surfaces.

(a) Materials that are used in the construction of utensils, and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food under conditions of normal use and shall be:

(i) Safe;

(ii) Durable, corrosion-resistant, and nonabsorbent;

(iii) Sufficient in weight and thickness to withstand repeated warewashing;

(iv) Finished to have a smooth, easily cleanable surface; and

(v) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

Section 12. Conditioning Device, Design.

(a) A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.

Section 13. Nonstick Coatings, Use Limitation.

(a) Multi-use kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with non-scoring or non-scratching utensils and cleaning aids.

Section 14. Food-Contact Surfaces.

(a) Multi-use food-contact surfaces shall be:

(i) Smooth;

(ii) Free of breaks, open seams, cracks, chips, pits, and similar imperfections;

(iii) Free of sharp internal angles, corners and crevices;

(iv) Finished to have smooth welds and joints; and

(v) Accessible for cleaning and inspection by one of the following

methods:

(A) Without being disassembled;

(B) By disassembling without the use of tools; or

(C) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and allen wrenches.

Section 15. Cast Iron, Use Limitation.

(a) Except as specified in Chapter 6, Section 15(b) and (c), cast iron may not be used for utensils or food-contact surfaces of equipment.

(b) Cast iron may be used as a surface for cooking.

(c) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

Section 16. "V" Threads, Use Limitation.

(a) "V" type threads may not be used on food-contact surfaces. This Section does not apply to hot oil cooking equipment or filtering equipment.

Section 17. Hot Oil Filtering Equipment.

(a) Hot oil filtering equipment shall meet the characteristics specified under Chapter 6, Sections 14 and 33, and shall be readily accessible for filter replacement and cleaning of the filter.

Section 18. Molluscan Shellfish Tanks.

(a) Except as specified under Chapter 6, Section 18(b), molluscan shellfish life support system display tanks may not be used to store or display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only.

(b) Molluscan shellfish life-support system display tanks that are used to store and or display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the regulatory authority as specified in Chapter 1, Section 5, and a HACCP Plan that:

(i) Is submitted by the license holder and approved as specified under Chapter 1, Section 6; and

(ii) Ensures that:

(A) Water used with fish other than molluscan shellfish does not flow into the molluscan tank;

(B) The safety and quality of the shellfish as they were received are not compromised by the use of the tank; and

Section 19. Can Openers.

(a) Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

Section 20. Can Openers on Vending Machines.

(a) Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.

Section 21. Equipment Openings, Closures and Deflectors.

(a) A cover or lid for equipment shall overlap the opening and be sloped to drain.

(b) An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least two-tenths (.2) of an inch (5 millimeters).

(c) Except as specified under Chapter 6, Section 21(d), fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment shall be provided with a watertight joint at the point where the item enters the equipment.

(d) If a watertight joint is not provided:

(i) The piping, temperature measuring devices, rotary shafts, and other

parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

(ii) The opening shall be flanged as specified under Chapter 6, Section 21(b).

Section 22. Vending Machine, Vending Stage Closure.

(a) The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not potentially hazardous such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine is:

(i) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(ii) Available for self-service during hours when it is not under the full-time supervision of a food employee.

Section 23. Vending Machines, Automatic Shutoff.

(a) A machine vending potentially hazardous food shall have an automatic control that prevents the machine from vending food:

(i) If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified under Chapter 3, Section 50; and

(ii) If a condition specified under Chapter 6, Section 23(a)(i), occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified under Chapter 3, Section 50.

(b) When the automatic shutoff within a machine vending potentially hazardous food is activated:

(i) In a refrigerated vending machine, the ambient temperature may not exceed 41oF (5oC) or 45oF (7oC ) as specified under Chapter 3, Section 50(a)(iii), for more than thirty (30) minutes immediately after the machine is filled, serviced, or restocked; or

(ii) In a hot holding vending machine, the ambient temperature may not be less than 135ºF (57.2ºF) for more than one hundred twenty (120) minutes immediately after the machine is filled, serviced, or restocked.

Section 24. Vending Machine Doors and Openings.

(a) Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than one-sixteenth (1/16) inch (1.5 millimeters) or by:

(i) Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than one-sixteenth (1/16) inch or (1.5 millimeters). Screening of twelve (12) or more mesh to 2.5 centimeters (12 mesh to 1 inch) meets this requirement;

(ii) Being effectively gasketed;

(iii) Having interface surfaces that are at least one-half (2) inch (13 millimeters) wide; or

(iv) Jambs or surfaces used to form an L-shaped entry path to the interface.

(b) Vending machine service connection openings through an exterior wall of a machine shall be closed by sealants, clamps, or grommets so that the openings are no larger than one-sixteenth (1/16) inch or (1.5 millimeters).

Section 25. Bearings and Gear Boxes, Leakproof.

(a) Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces.

Section 26. Food-Contact Surface Lubricants.

(a) Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.

Section 27. Condenser Unit, Separation.

(a) If a condenser unit is an integral component of equipment, the condenser unit shall be separated from the food and food storage space by a dust proof barrier.

Section 28. Dispensing Equipment, Protection of Equipment and Food.

(a) In equipment that dispenses or vends liquid food or ice in unpackaged form:

(i) The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food;

(ii) The delivery tube, chute, and orifice shall be protected from manual contact such as by being recessed;

(iii) The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

(A) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(B) Available for self-service during hours when it is not under the full-time supervision of a food employee; and

(iv) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.

Section 29. Beverage Tubing, Separation.

(a) Beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice. This Section does not apply to cold plates that are constructed integrally with an ice storage bin.

Section 30. Ice Units, Separation of Drains.

(a) Liquid waste drain lines may not pass through an ice machine or ice storage bin.

Section 31. Warewashing Sinks and Drainboards, Self-Draining.

(a) Sinks and drainboards of warewashing sinks and machines shall be self- draining.

Section 32. Equipment Compartments, Drainage.

(a) Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice shall be sloped to an outlet that allows complete draining.

Section 33. CIP Equipment.

(a) CIP equipment shall meet the characteristics specified under Chapter 6, Section 14, and shall be designed and constructed so that:

(i) Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces; and

(ii) The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

(b) CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.

Section 34. Vending Machines, Liquid Waste Products.

(a) Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage.

(b) Vending machines that dispense liquid food in bulk shall be:

(i) Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow, or other internal wastes; and

(ii) Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.

(c) Shutoff devices specified under Chapter 6, Section 34(b)(ii), shall prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that could lead to overflow of the waste receptacle.

Section 35. Temperature Measuring Devices.

(a) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

(b) Except as specified in Chapter 6, Section 35(c), cold or hot holding equipment used for potentially hazardous food shall be designed to include and shall be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.

(c) Chapter 6, Section 35(b), does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.

(d) Temperature measuring devices shall be designed to be easily readable.

(e) Food temperature measuring devices and water temperature measuring devices on warewashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than 2oF or 1oC in the intended range of use.

Section 36. Food Temperature Measuring Devices.

(a) Food temperature measuring devices may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used.

(b) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to ± 1°C in the intended range of use.

(c) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ± 2ºF in the intended range of use.

Section 37. Temperature Measuring Devices, Ambient Air and Water.

(a) Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to 1.5°C in the intended range of use.

(b) Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to 3oF in the intended range of use.

Section 38. Pressure Measuring Devices, Mechanical Warewashing Equipment.

(a) Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of seven (7) kilopascals (1 pound per square inch) or smaller and shall be accurate to 14 kilopascals (2 pounds per square inch) in the 100-170 kilopascals (15-25 pounds per square inch) range.

Section 39. Nonfood-Contact Surfaces.

(a) Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

(b) Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

Section 40. Kick Plates, Removable.

(a) Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being:

(i) Removable by one of the methods specified under Chapter 6, Section 14 (a)(v)(A) - (C), or capable of being rotated open; and

(ii) Removable or capable of being rotated open without unlocking equipment doors.

Section 41. Case Lot Handling Apparatuses, Movability.

(a) Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available equipment such as hand trucks and forklifts.

Section 42. Heating, Ventilating, Air Conditioning System Vents.

(a) Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.

Section 43. Ventilation Hood Systems, Drip Prevention.

(a) Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducts shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.

Section 44. Ventilation Hood Systems, Filters.

(a) Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

Section 45. Equipment Repair and Proper Adjustment.

(a) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Chapter 6, Sections 1 and 11.

(b) Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.

(c) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

Section 46. Utensil Repair and Calibration.

(a) Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under Chapter 6, Sections 1 and 11, or shall be discarded.

(b) Food temperature measuring devices shall be calibrated in accordance with manufacturer's specifications as necessary to ensure their accuracy.

(c) Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

Section 47. Cutting Surfaces.

(a) Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.

Section 48. Microwave Ovens.

(a) Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave ovens.

Section 49. Fixed Equipment, Elevation or Sealing.

(a) Except as specified under Chapter 6, Section 49(b) and (c), floor-mounted equipment that is not easily movable shall be sealed to the floor or on legs that provide at least a six (6) inch (15 centimeter) clearance between the floor and the equipment.

(b) If no part of the floor under the floor-mounted equipment is more than six (6) inches (15 centimeters) from the point of cleaning access, the clearance space may be only four (4) inches (10 centimeters).

(c) This Section does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a retail food store, if the floor under the units is maintained clean.

(d) Except as specified under Chapter 6, Section 49(e), counter-mounted equipment that is not easily movable shall be elevated on legs that provide at least a four (4) inch (10 centimeter) clearance between the table and the equipment.

(e) The clearance space between the table and counter-mounted equipment may be:

(i) Three (3) inches (7.5 centimeters) if the horizontal distance of the table top under the equipment is no more than twenty (20) inches (50 centimeters) from the point of access for cleaning; or

(ii) Two (2) inches ( 5 centimeters) if the horizontal distance of the table top under the equipment is no more than three (3) inches (7.5 centimeters) from the point of access for cleaning.

Section 50. Fixed Equipment, Spacing or Sealing.

(a) Equipment that is fixed because it is not easily movable shall be installed so that it is:

(i) Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(ii) Spaced from adjoining equipment walls, and ceilings a distance of not more than one thirty-second (1/32) inch or 1 millimeter; or

(iii) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

(b) Counter-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

(i) Sealed; or

(ii) Elevated on legs as specified under Section Chapter 6, Section 49(d).

History

Effective 2012-12-10

Chapter 7 Cleaning, Sanitization and Storage of Equipment and Utensils

Wyo. Code R. 010.0003.7.12102012 Cleaning, Sanitization and Storage of Equipment and Utensils

CHAPTER 7

CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS

Section 1. Equipment Food-Contact Surfaces and Utensils.

(a) Equipment food-contact surfaces and utensils shall be cleaned:

(i) Except as specified in Chapter 7, Section 1(b), between each use of a different type of raw animal species such as beef, fish, lamb, pork, or poultry;

(ii) Each time there is a change from working with raw food to working with ready-to-eat food;

(iii) Between uses with raw fruits and vegetables and potentially hazardous food;

(iv) Before using or storing a food temperature measuring device; and

(v) At any time during the operation when contamination may have occurred.

(b) Chapter 7, Section 1(a)(i), does not apply if raw animal foods that require cooking temperatures specified under Chapter 3, Section 41(a)(iii), are prepared after foods that require cooking temperatures specified under Chapter 3, Section 41(a)(i) and (ii) and b.

(c) Except as specified in Chapter 7, Section 1(d), if used with potentially hazardous food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least every four (4) hours.

(d) Surfaces of utensils and equipment contacting potentially hazardous food may be cleaned less frequently than every four (4) hours if:

(i) In storage, containers of potentially hazardous food and their contents are maintained at temperatures specified under Chapter 3 and the containers are cleaned when they are empty;

(ii) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart: and

(A) The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature:

| Temperature | Cleaning Frequency | | --- | --- | | 41ºF (5.0ºC) or less | 24 hours | | >41ºF - 45ºF (>5.0ºC - 7.2ºC) | 20 hours | | >45ºF - 50ºF (>7.2ºC - 10.0ºC) | 16 hours | | >50ºF - 55ºF (>10.0ºC - 12.8º C) | 10 hours |

and

(B) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the establishment or processing plant;

(iii) Containers in serving situations, such as salad bars, delis, and cafeteria lines that hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified under Chapter 3, are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned at least every twenty four (24) hours;

(iv) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under Chapter 3;

(v) Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(vi) The cleaning schedule is approved based on consideration of:

(A) Characteristics of the equipment and its use;

(B) The type of food involved;

(D) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease;

(vii) In-use utensils are intermittently stored in a container of water in which the water is maintained at 135ºF (60ºC) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

(e) Except when dry cleaning methods are used as specified under Chapter 7, Section 4, surfaces of utensils and equipment contacting food that is not potentially hazardous shall be cleaned:

(i) At any time when contamination may have occurred;

(ii) At least every twenty four (24) hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladles; or

(iii) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers;

(f) Equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, beverage dispensing lines or tubes, coffee bean grinders, and water vending equipment shall be cleaned:

(i) At a frequency specified by the manufacturer; or

(ii) At a frequency necessary to preclude accumulation of soil or mold in the absence of manufacturer specifications.

Section 2. Cooking and Baking Equipment.

(a) The food-contact surfaces of cooking and baking equipment shall be cleaned at least every twenty four (24) hours. This Section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified under Chapter 7, Section 1(d)(vi).

(b) The cavities and door seals of microwave ovens shall be cleaned at least every twenty four (24) hours by using the manufacturer's recommended cleaning procedure.

(d) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

Section 3. Nonfood-Contact Surfaces.

(a) Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

(b) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

Section 4. Dry Cleaning Methods.

(a) If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry food residues that are not potentially hazardous.

(b) Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any other purpose.

Section 5. Wiping Cloths Used for One Purpose.

(a) Cloths used for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(i) Maintained dry; and

(ii) Used for no other purpose.

(b) Cloths used for wiping counters and other equipment surfaces shall be:

(i) Held between uses in a chemical sanitizer solution at a concentration specified in Chapter 7, Section 18; and

(ii) Laundered daily as specified Chapter 9, Section 47 (d).

(c) Cloths used for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

(d) Dry wiping cloths and the chemical sanitizing solutions specified in (b) (i) of this Section in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

(e) Containers of chemical sanitizing solutions specified in (b)(i) of this Section in which wet wiping cloths are held between uses shall be stored off the floor and

used in a manner that prevents contamination of food, equipment, utensils, linens, single- service, or single-use articles.

(f) Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.

Section 6. Sponges, Use Limitation.

(a) Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

Section 7. Manual Warewashing, Sink Compartment Requirements.

(a) Except as specified in Chapter 7, Section 7(c), a sink with at least three (3) compartments shall be provided for manual washing, rinsing and sanitizing equipment and utensils.

(b) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink or a warewashing machine, alternative equipment as specified in Chapter 7, Section 7(c), shall be used.

(c) Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include:

(i) High-pressure detergent sprayers;

(ii) Low- or line-pressure spray detergent foamers;

(iii) Other task-specific cleaning equipment;

(iv) Brushes or other implements;

(v) Two (2)-compartment sinks as specified under Chapter 7, Section 7(d) and (e); or

(vi) Receptacles that substitute for the compartments of a multicompartment sink.

(d) Before a two (2)-compartment sink is used:

(i) The license holder shall have its use approved; and

(ii) The permit holder shall limit the number of kitchenware items cleaned and sanitized in the 2-compartment sink, and shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall:

(A) Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use, and

(A) Use a detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with the manufacturer's label instructions and as specified under Chapter 7, Section 20; or

(B) Use a hot water sanitization immersion step as specified under Chapter 7, Section 22(a)(ii).

(e) A two (2)-compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process.

Section 8. Washing, Procedures for Alternative Manual Warewashing Equipment.

(a) If washing in sink compartments or a warewashing machine is impractical such as when the equipment is fixed or the utensils are too large, washing shall be done by using alternative manual warewashing equipment as specified under Chapter 7, Section 7(c), in accordance with the following procedures:

(i) Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts;

(ii) Equipment components and utensils shall be scraped or rough cleaned to remove food particle accumulation; and

(iii) Equipment and utensils shall be washed as specified under Chapter 7, Section 11(a).

Section 9. Drainboards Provided.

(a) Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.

Section 10. Warewashing Equipment, Cleaning Frequency.

(a) A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw food, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under Chapter 7, Section 9, shall be cleaned:

(i) Before use;

(ii) Throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and

(iii) If used, at least every twenty four (24) hours.

Section 11. Wet Cleaning Methods.

(a) Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

(b) The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.

Section 12. Warewashing Equipment, Cleaning Agents.

(a) When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified under Chapter 7, Section 7(c), shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions.

Section 13. Manual Warewashing Equipment, Wash Solution Temperature.

(a) The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than 110°F (43°C) or the temperature specified on the cleaning agent manufacturer's label instructions.

Section 14. Rinsing Procedures.

(a) Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures:

(i) Use of a distinct, separate water rinse after washing and before sanitizing if using:

(A) A three (3)-compartment sink;

(B) Alternative manual warewashing equipment equivalent to a three (3)-compartment sink as specified under Chapter 7, Section 7(c); or

(ii) Use of a detergent-sanitizer as specified under Chapter 7, Section 20, if using:

(A) Alternative warewashing equipment as specified under Chapter 7, Section 7(c), that is approved for use with a detergent-sanitizer; or

(B) A warewashing system for CIP equipment;

(iii) Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two (2)-compartment sink operation;

(iv) If using a warewashing machine that does not recycle the sanitizing solution as specified under Chapter 7, Section 14(a)(v), or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is:

(A) Integrated in the application of the sanitizing solution; and

(B) Wasted immediately after each application; or

(v) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

Section 15. Food-Contact Surfaces and Utensils.

(a) Equipment food-contact surfaces and utensils shall be sanitized.

Section 16. Before Use After Cleaning.

(a) Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning.

Section 17. Hot Water and Chemical Sanitization.

(a) After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in:

(i) Hot water manual operations by immersion for at least 30 seconds as specified under Chapter 7, Section 21;

(ii) Hot water mechanical operations by being cycled through equipment that is set up as specified under Chapter 7, Sections 21, 26 and 27, and achieving a utensil surface temperature of 160°F (71°C) as measured by an irreversible registering temperature indicator; or

(iii) Chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified under Chapter 7, Section 18. Contact times shall be consistent with those on EPA-registered label use instructions by providing:

(A) Except as specified under Chapter 7, Section 17(a)(iii)(B), a contact time of at least ten (10) seconds for a chlorine solution specified under Chapter 7, Section 18(a);

(B) A contact time of at least seven (7) seconds for a chlorine solution of fifty (50) mg/l that has a pH of ten (10) or less and a temperature of at least 100°F (38°C) or a pH of eight (8) or less and a temperature of at least 75°F (24°C);

(D) A contact time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields sanitization.

Section 18. Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness.

(a) A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under Chapter 7, Section 17(a)(iii), shall meet the criteria specified in Chapter 9, Section 29 Sanitizers, Criteria, shall be used in accordance with the EPA-registered label use instructions, and shall be used as follows:

(i) A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart:

| Concentration Range | Minimum Temperature | | | --- | --- | --- | | mg/l | pH 10 or less °F (°C) | pH 8 or less °F (°C) | | 25-49 | 120 (49) | 120 (49) | | 50-99 | 100 (38) | 75 (24) | | 100 | 55 (13) | 55 (13) |

(ii) An iodine solution shall have a:

(A) Minimum temperature of 68°F (20°C);

(B) pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective; and

(iii) A quaternary ammonium compound solution shall:

(A) Have a minimum temperature of 75°F (24°C);

(B) Have a concentration as specified under Chapter 9, Section 29, and as indicated by the manufacturer's use directions included in the labeling; and

(C) Be used only in water with 500 mg/l hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions.

(iv) If another solution of a chemical specified under Chapter 7, Section 18 (a) (i)-(iii) is used, the license holder shall demonstrate to the regulatory authority that the solution achieves sanitization and the use of the solution shall be approved; or

(v) If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions.

Section 19. Warewashing Equipment, Clean Solutions.

(a) The wash, rinse, and sanitize solutions shall be maintained clean.

Section 20. Manual Warewashing Equipment, Chemical Sanitization Using Detergent-Sanitizers.

(a) If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step shall be the same detergent-sanitizer that is used in the washing step.

Section 21. Manual Warewashing Equipment, Hot Water Sanitization Temperatures.

(a) If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water shall be maintained at 171°F (77°C) or above.

Section 22. Manual Warewashing Equipment, Heaters and Baskets.

(a) If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:

(i) Designed with an integral heating device that is capable of maintaining water at a temperature not less than 171°F (77°C); and

(ii) Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.

Section 23. Temperature Measuring Devices, Manual Warewashing.

(a) In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.

Section 24. Sanitizing Solutions, Testing Devices and Determining Chemical Sanitizer Concentration.

(a) A test kit or other device that accurately measures the concentration in mg/l of sanitizing solutions shall be provided.

(b) Concentration of the sanitizing solution shall be accurately determined by using a test kit or other device.

Section 25. Warewashing Machine, Data Plate Operating Specifications.

(a) A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications including the:

(i) Temperatures required for washing, rinsing, and sanitizing;

(ii) Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

(iii) Conveyor speed for conveyor machines or cycle time for stationary rack machines.

Section 26. Warewashing Machines, Manufacturers' Operating Instructions.

(a) A warewashing machine and its auxiliary components shall be operated in accordance with the machine's data plate and other manufacturers' instructions.

(b) A warewashing machine's conveyor speed or automatic cycle times shall be maintained and accurately timed in accordance with manufactures' specifications.

Section 27. Mechanical Warewashing Equipment, Sanitization Pressure.

(a) The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine may not be less than fifteen (15) pounds per square inch (100 kilopascals) or more than twenty five (25) pounds per square inch (170 kilopascals) as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve.

Section 28. Warewashing Machines, Flow Pressure Device.

(a) Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the warewashing machine; and

(b) If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device shall be mounted in a one-fourth (¼) inch or (6.4 millimeter) iron pipe size (ips) valve.

(c) Chapter 7, Section 28(a) and (b), do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

Section 29. Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers.

(a) A warewashing machine that is installed after adoption of this Rule by the regulatory authority, shall be equipped to:

(i) Automatically dispense detergents and sanitizers; and

(ii) Incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.

Section 30. Warewashing Machines, Temperature Measuring Devices.

(a) A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:

(i) In each wash and rinse tank; and

(ii) As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank.

Section 31. Warewashing Machines, Internal Baffles.

(a) Warewashing machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.

Section 32. Precleaning of Equipment and Utensils.

(a) Food debris on equipment and utensils shall be scraped over a waste disposal unit, or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle.

(b) If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives.

Section 33. Loading of Soiled Items, Warewashing Machines.

(a) Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets, or onto conveyors, in a position that:

(i) Exposes the items to the unobstructed spray from all cycles; and

(ii) Allows the items to drain.

Section 34. Mechanical Warewashing Equipment, Wash Solution Temperature.

(a) The temperature of the wash solution in spray type warewashers that use hot water to sanitize may not be less than:

(i) For a stationary-rack, dual-temperature machine 150ºF (66°C);

(ii) For a stationary-rack, single-temperature machine, 165ºF (74°C);

(iii) For a single tank, conveyor, dual temperature machine, 160ºF (71°C);

(iv) For a multitank, conveyor, multitemperature machine 150ºF (66°C) .

(b) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize may not be less than 120ºF (49ºC).

Section 35. Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures.

(a) Except as specified under Chapter 7, Section 35(b), in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold may not be more than 194°F (90°C), or less than:

(i) For a stationary rack, single temperature machine, 165°F (74°C); or

(ii) For all other machines, 180°F (82°C).

(b) The maximum temperature specified under Chapter 7, Section 35(a), does not apply to the high pressure and temperature systems with wand-type, hand-held, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws.

Section 36. Equipment and Utensils, Air-Drying Required.

(a) After cleaning and sanitizing, equipment and utensils:

(i) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940 Sanitizing solutions, before contact with food; and

(ii) May not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

Section 37. Returnables, Cleaning for Refilling.

(a) Except as specified under Chapter 7, Section 37(b) and (c), returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated establishment or processing plant.

(b) A food-specific container for beverages may be refilled at an establishment or processing plant if:

(i) Only a beverage that is not a potentially hazardous food is used as specified under Chapter 3, Section 55(a);

(ii) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home, in the establishment or processing plant;

(iii) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(iv) The consumer-owned container returned to the establishment or processing plant for refilling is refilled for sale or service only to the same consumer; and

(v) The container is refilled by:

(A) An employee of the establishment or processing plant; or

(B) The owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.

Section 38. Equipment Reassembling.

(a) Equipment shall be reassembled so that food-contact surfaces are not contaminated.

Section 39. Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

(a) Except as specified under Chapter 7, Section 39(d), cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(i) In a clean, dry location;

(ii) Where they are not exposed to splash, dust, or other contamination; and

(iii) At least six (6) inches (15 cm) above the floor.

(b) Clean equipment and utensils shall be stored as specified under Chapter 7, Section 39(a), and shall be stored:

(i) In a self-draining position that allows air drying; and

(ii) Covered or inverted.

(c) Single-service and single-use articles shall be stored as specified under Chapter 7, Section 39(a), and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.

(d) Items that are kept in closed packages may be stored less than six (6) inches (15 cm) above the floor on dollies, pallets, racks, and skids that are designed as provided under Chapter 6, Section 43.

Section 40. Clean Equipment Storage Prohibitions.

(a) Except as specified under Chapter 7, Section 40(b), cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be stored:

(i) In locker rooms;

(ii) In toilet rooms;

(iii) In garbage rooms;

(iv) In mechanical rooms;

(v) Under sewer lines that are not shielded to intercept potential drips;

(vi) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(vii) Under open stairwells; or

(viii) Under other sources of contamination.

(b) Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room.

Section 41. Equipment, Clothes Washers and Dryers, and Storage Cabinets; Contamination Prevention.

(a) Except as specified in Chapter 7, Section 41(b), equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be located:

(i) In locker rooms;

(ii) In toilet rooms;

(iii) In garbage rooms;

(iv) In mechanical rooms;

(v) Under sewer lines that are not shielded to intercept potential drips;

(vi) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(vii) Under open stairwells; or

(viii) Under other sources of contamination.

(b) A storage cabinet used for linens or single-service or single-use articles may be stored in a locker room.

(c) If a mechanical clothes washer or dryer is provided, it shall be located so that the washer or dryer is protected from contamination and only where there is no exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

Section 42. Kitchenware and Tableware Handled, Displayed, Dispensed.

(a) Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed, and dispensed so that contamination of food-contact and lip- contact surfaces is prevented.

(b) Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by employees and by consumers if consumer self- service is provided.

(c) Except as specified under Chapter 7, Section 42(b), single-service articles that are intended for food-contact or lip-contact shall be furnished for consumer self- service with the original individual wrapper intact or from an approved dispenser.

Section 43. Soiled and Clean Tableware.

(a) Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

Section 44. Preset Tableware.

(a) If tableware is preset:

(i) It shall be protected from contamination by being wrapped, covered, or inverted; or

(ii) If exposed, unused settings shall be removed when a consumer is seated; or

(iii) Exposed, unused settings shall be cleaned and sanitized before further use if the settings are not removed when a consumer is seated.

Section 45. Sanitation Requirements at Official Meat and Poultry Establishments.

(a) Each establishment must be operated and maintained in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated.

(i) Sanitation requirements shall meet the requirements as specified in 9 CFR 416 Sanitation.

Section 46. Tagging Insanitary Equipment, Utensils, Rooms or Compartments.

(a) When, in the opinion of the regulatory authority, any equipment, utensil, room or compartment at an establishment is unclean or its use would be in violation of this Rule, a "Wyoming Rejected" tag may be applied.

(i) No equipment, utensil, room or compartment so tagged shall again be used until made acceptable; and

(ii) Such tag so placed shall not be removed by anyone other than the regulatory authority.

Section 47. Rinsing Equipment and Utensils after Cleaning and Sanitizing.

(a) After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:

(i) The rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified in Chapters 6 & 7; and

(ii) The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

History

Effective 2012-12-10

Chapter 8 Sanitary Facilities and Controls

Wyo. Code R. 010.0003.8.12102012 Sanitary Facilities and Controls

CHAPTER 8

SANITARY FACILITIES AND CONTROLS

Section 1. Approved Water Source.

(a) Drinking water shall be obtained from an approved source that is:

(i) A public water system; or

(ii) A nonpublic water system that is constructed, maintained, and operated according to law.

Section 2. Approved Water System.

(a) Water shall be received from the source through the use of:

(i) An approved public water main; or

(ii) One or more of the following that shall be constructed, maintained, and operated according to law:

(A) Nonpublic water main, water pumps, pipes, hoses, connections, and other appurtenances;

(B) Water transport vehicles; and

Section 3. Alternative Water Supply.

(a) Water meeting the requirements specified under Chapter 8, Sections 1, 5 and 8, shall be made available for a mobile establishment, for a temporary establishment, an establishment or processing plant without a permanent water supply, and for an establishment or processing plant with a temporary interruption of its water supply through:

(i) A supply of containers of commercially bottled drinking water;

(ii) One or more closed portable water containers;

(iii) An enclosed vehicular water tank;

(iv) An on-premises water storage tank; or

(v) Piping, tubing, or hoses connected to an adjacent approved source.

Section 4. System Flushing and Disinfection.

(a) A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.

Section 5. Quality Standards.

(a) Except as specified under Chapter 8, Section 38:

(i) Water from a public water system shall meet 40 CFR 141 National Primary Drinking Water Regulations; and

(ii) Water from a nonpublic water system shall meet the standards set by this Rule.

Section 6. Sampling.

(a) Except when used as specified under Chapter 8, Section 38, water from a nonpublic water system that will be used as drinking water in an establishment shall have a bacteriological test performed on it at least semi-annually.

Section 7. Sample Report.

(a) The most recent sample report for the nonpublic water system shall be retained on file in the establishment or processing plant.

Section 8. Capacity.

(a) The water source and system shall be of sufficient capacity to meet the peak water demands of the establishment or processing plant.

Section 9. Bottled Drinking Water.

(a) Bottled drinking water used or sold in an establishment or processing plant shall be obtained from approved sources as specified in 21 CFR 129 Processing and Bottling of Bottled Drinking Water.

Section 10. Water Pressure.

(a) Water under pressure shall be provided to all fixtures, equipment, and non- food equipment that are required to use water except that water supplied as specified under Chapter 8, Section 3(a)(i), and (ii), to a temporary establishment or in response to a temporary interruption of a water supply need not be under pressure.

Section 11. Hot Water; 170ºF Water Required in Commercial Meat Slaughter Establishments.

(a) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the establishment or processing plant.

(b) At least 170ºF water shall be used for the sanitizing of inspection equipment and other equipment, floors, walls and the like in commercial meat slaughter establishments, which are subject to contamination by the dressing or handling of diseased carcasses, their viscera and parts.

(i) A conveniently located thermometer shall be installed to show the temperature of the water at the point of use.

Section 12. Conveying Sewage.

(a) Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law.

Section 13. Removing Mobile Establishment Wastes.

(a) Sewage and other liquid wastes shall be removed from a mobile establishment at an approved waste servicing station or by a sewage transport vehicle in such a way that an imminent health hazard or nuisance is not created.

Section 14. Flushing a Waste Retention Tank.

(a) A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.

Section 15. Approved Sewage Disposal System.

(a) Sewage shall be disposed through an approved facility that is:

(i) A public sewage treatment plant; or

(ii) An individual sewage disposal system that is sized, constructed, maintained, and operated according to law.

Section 16. Other Liquid Wastes and Rainwater.

(a) Condensate drainage and other non-sewage liquids and rainwater shall be drained from point of discharge to disposal in accordance with law.

Section 17. Capacity and Drainage.

(a) A sewage holding tank in a mobile establishment shall be:

(i) Sized fifteen percent (15%) larger in capacity than the water supply tank; and

(ii) Sloped to a drain that is one (1) inch (25 mm) in inner diameter or greater, and that is equipped with a shut-off valve.

Section 18. Approved System and Cleanable Fixtures.

(a) A plumbing system shall be designed, constructed, and installed according to International Plumbing Code.

(b) A plumbing fixture such as a handwashing sink, toilet, or urinal shall be easily cleanable.

Section 19. Approved Plumbing Materials.

(a) A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to the International Plumbing Code.

(b) A water filter shall be made of safe materials.

Section 20. Conditioning Device, Location.

(a) A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.

Section 21. Scheduling Inspection and Service for a Water System Device.

(a) A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions; and

(b) Records demonstrating inspection and service shall be maintained by the person in charge.

Section 22. Water Reservoir of Fogging Devices, Cleaning.

(a) A reservoir that is used to supply water to a device such as a produce fogger shall be:

(i) Maintained in accordance with manufacturer's specifications; and

(ii) Cleaned in accordance with manufacturer's specifications or according to the procedures specified under Chapter 8, Section 22(b), whichever is more stringent.

(b) Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:

(i) Draining and complete disassembly of the water and aerosol contact parts;

(ii) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution;

(iii) Flushing the complete system with water to remove the detergent solution and particulate accumulation; and

(iv) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 mg/l hypochlorite solution.

Section 23. Plumbing System Maintained in Good Repair.

(a) A plumbing system shall be:

(i) Repaired according to the International Plumbing Code; and

(ii) Maintained in good repair.

Section 24. Materials Approved, Water Tanks.

(a) Materials that are used in the construction of a mobile water tank, mobile establishment water tank, and appurtenances shall be:

(i) Safe;

(ii) Durable, corrosion-resistant, and nonabsorbent; and

(iii) Finished to have a smooth, easily cleanable surface.

Section 25. Enclosed System, Sloped to Drain.

(a) A mobile water tank shall be:

(i) Enclosed from the filling inlet to the discharge outlet; and

(ii) Sloped to an outlet that allows complete drainage of the tank.

Section 26. Inspection and Cleaning Port, Protected and Secured.

(a) If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank; and

(i) Flanged upward at least one-half (½) inch (13 mm); and

(ii) Equipped with a port cover assembly that is:

(A) Provided with a gasket and a device for securing the cover in place; and

(B) Flanged to overlap the opening and sloped to drain.

Section 27. "V" Type Threads, Use Limitation.

(a) A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.

Section 28. Tank Vent, Protected.

(a) If provided, a water tank vent shall terminate in a downward direction and shall be covered with:

(i) 16 mesh to 1 inch (16 mesh to 25.4 mm) screen or equivalent when the vent is in a protected area; or

(ii) A protective filter when the vent is in an area that is not protected from windblown dirt and debris.

Section 29. Inlet and Outlet, Sloped to Drain.

(a) A water tank and its inlet and outlet shall be sloped to drain.

(b) A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

Section 30. Hose, Construction and Identification.

(a) A hose used for conveying drinking water from a water tank shall be:

(i) Safe;

(ii) Durable, corrosion-resistant, and nonabsorbent;

(iii) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(iv) Finished with a smooth interior surface; and

(v) Clearly and durably identified as to its use if not permanently attached.

Section 31. Filter, Compressed Air.

(a) A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is

used to pressurize the water tank system.

Section 32. Protective Cover or Device.

(a) A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and hose.

Section 33. Mobile Establishment Tank Inlet.

(a) A mobile establishment's water tank inlet shall be:

(i) Three-fourths (3/4) inch (19.1 mm) in inner diameter or less; and

(ii) Provided with a hose connection of a size or type that will prevent its use for any other service.

Section 34. System Flushing and Disinfection.

(a) A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of non-use.

Section 35. Using a Pump and Hoses, Backflow Prevention.

(a) A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

Section 36. Protecting Inlet, Outlet, and Hose Fitting.

(a) If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under Chapter 8, Section 32.

Section 37. Tank, Pump, and Hoses; Dedication.

(a) Except as specified under Chapter 8, Section 37(b), a water tank, pump, and hoses used for conveying drinking water shall be used for no other purpose.

(b) Water tanks, pumps, and hoses approved for liquid food may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

Section 38. Nondrinking Water.

(a) A nondrinking water supply shall be used only if its use is approved by the regulatory authority.

(b) Nondrinking water shall be used only for non-culinary purposes such as air-conditioning, nonfood equipment cooling, and fire protection.

Section 39. Prohibiting a Cross Connection.

(a) Except as specified in 9 CFR 308.3 (d) for firefighting, a person may not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality.

(b) The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water.

Section 40. Backflow Prevention Device, Carbonator, When Required.

(a) If not provided with an air gap as specified under Chapter 8, Section 41, a dual check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 1 inch (25.4mm) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line.

(b) A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified under Chapter 8, Section 40(a).

(c) A plumbing system shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the establishment or processing plant, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by the regulatory authority, by:

(i) Providing an air gap as specified under Chapter 8, Section 41; or

(ii) Installing an approved backflow prevention device as specified under Chapter 8, Section 42.

Section 41. Backflow Prevention, Air Gap.

(a) An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than one (1) inch (25 mm).

Section 42. Backflow Prevention Device, Design Standard.

(a) A backflow or back-siphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.

Section 43. Backflow Prevention Device, Location.

(a) A backflow prevention device shall be located so that it may be serviced and maintained.

Section 44. Grease Trap.

(a) If used, a grease trap shall be located to be easily accessible for cleaning and cleaned on a regular basis.

Section 45. Establishment Drainage System.

(a) Establishment or processing plant drainage systems, including grease traps, that convey sewage shall be designed and installed as specified under Chapter 8, Section 18.

Section 46. Backflow Prevention, Indirect Drain.

(a) Except as specified under Chapter 8, Section 46(b), a direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed.

(b) A warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within five (5) feet (1.5 m) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

(c) Paragraph (a) of this Section does not apply to floor drains that originate in refrigerated spaces that are constructed as an integral part of the building.

Section 47. Toilet Rooms.

(a) Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.

Section 48. Toilets and Urinals.

(a) At least one (1) toilet and not fewer than the toilets required by the International Plumbing Code shall be provided. If authorized by the International Plumbing Code, and urinals are substituted for toilets, the substitution shall be done as specified in the International Plumbing Code.

Section 49. Toilet Rooms, Enclosed.

(a) A toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door except that this requirement does not apply to a toilet room that is located outside an establishment or processing plant and does not open directly into the establishment or processing plant such as a toilet room that is provided by the management of a shopping mall.

(b) Toilet room doors as specified under Chapter 8, Section 49(a), shall be kept closed except during cleaning and maintenance operations.

Section 50. Toilet Tissue, Availability.

(a) A supply of toilet tissue shall be available at each toilet.

Section 51. Toilet Room Receptacle, Covered.

(a) A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.

Section 52. Handwashing Sink, Minimum Number.

(a) Except as specified under Chapter 8, Section 52(b), at least 1(one) handwashing sink, a number of handwashing sinks necessary for their convenient use by employees in areas specified under Chapter 8, Section 53, and not fewer than the number of handwashing sinks required by the International Plumbing Code shall be provided.

(b) If approved by the regulatory authority and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands.

(c) If approved by the regulatory authority, when food exposure is limited and handwashing sinks are not conveniently available, such as in some mobile or temporary establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing.

Section 53. Handwashing Sink Location.

(a) A handwashing sink shall be located:

(i) To allow convenient use by employees in food preparation, food dispensing, and warewashing areas; and

(ii) In, or immediately adjacent to, toilet rooms.

Section 54. Using a Handwashing Sink.

(a) A handwashing sink shall be maintained so that it is accessible at all times for employee use.

(b) A handwashing sink may not be used for purposes other than handwashing. Sinks used for food preparation or for washing equipment or utensils shall not be used for handwashing.

Section 55. Handwashing Sink, Water Temperature, Supply and Flow.

(a) Each handwashing sink shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet.

(i) A handwashing sink shall be equipped to provide water at a temperature of at least 100°F (38°C) through a mixing valve or combination faucet.

(b) A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet.

(d) An automatic handwashing facility shall be installed in accordance with manufacturer's instructions.

Section 56. Handwashing Cleanser, Availability.

(a) Each handwashing sink or group of two (2) adjacent sinks shall be provided with a supply of hand-cleaning liquid, powder, or bar soap.

Section 57. Handwashing Aids and Devices, Use Restrictions.

(a) A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a handwashing sink as specified under Chapter 8, Section 56.

Section 58. Hand Drying Provision.

(a) Each handwashing sink or group of adjacent sinks shall be provided with:

(i) Individual, disposable towels;

(ii) A continuous towel system that supplies the user with a clean towel;

(iii) A heated-air hand drying device; or

(iv) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.

(b) If disposable towels are used at handwashing sinks, a waste receptacle shall be located at each sink or group of adjacent sinks.

Section 59. Maintaining and Using Handwashing Sinks, Signs Posted.

(a) Handwashing sinks shall be kept clean, maintained and used as specified under Chapter 8, Section 54.

(b) A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.

Section 60. Waste Receptacles, Inedible Products.

(a) Except as specified under Chapter 8, Section 60(b), receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect and rodent-resistant, leakproof, and nonabsorbent.

(i) Trucks and receptacles used for inedible materials shall be of similar construction and shall bear some conspicuous and distinctive mark and shall not be used for handling edible products.

(b) Plastic bags and wet-strength paper bags may be used to line receptacles for storage inside the establishment or processing plant, or within closed outside receptacles.

Section 61. Covering Waste Receptacles.

(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:

(i) Inside the establishment or processing plant if the receptacles and units:

(A) Contain food residue and are not in continuous use; or

(B) After they are filled; and

(ii) With tight-fitting lids or doors if kept outside the establishment or processing plant.

Section 62. Waste Receptacles in Vending Machines.

(a) A waste receptacle may not be located within a vending machine, except that a receptacle for beverage bottle cap closures may be located within a vending machine.

Section 63. Outside Waste Receptacles.

(a) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the establishment or processing plant shall be designed and constructed to have tight-fitting lids, doors, or covers.

(b) Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that an accumulation of debris which attract and/or harbor insects and/or rodents are minimized, effective cleaning is facilitated around and under the unit if it is not installed flush with the base pad.

Section 64. Waste Receptacle Drain Plugs.

(a) Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

Section 65. Cleaning Waste Receptacles.

(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified under Chapter 8, Section 12.

(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

Section 66. Cleaning Implements and Supplies.

(a) Except as specified under Chapter 8, Section 66(b), suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

(b) If approved by the regulatory authority, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

Section 67. Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units; Location.

(a) An area designated for refuse, recyclables, returnables, and, except as specified under Chapter 8, Section 67(b), a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.

(b) A redeeming machine may be located in the packaged food storage area or consumer area of an establishment or processing plant if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

(c) The location of receptacles and waste handling units for refuse, recyclables, and returnables may not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

Section 68. Storing Refuse, Recyclables, and Returnables.

(a) Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

Section 69. Areas, Enclosures, and Receptacles; Good Repair.

(a) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.

Section 70. Outside Storage Prohibitions.

(a) Except as specified under Chapter 8, Section 70(b), refuse receptacles not meeting the requirements specified under Chapter 8, Section 60, such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue may not be stored outside.

(b) Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

Section 71. Storage Areas, Rooms, and Receptacles.

(a) An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

(b) A receptacle shall be provided in each area of the establishment, processing plant or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

Section 72. Maintaining Refuse Areas and Enclosures.

(a) A storage area and enclosure for refuse, recyclables, or returnables shall be kept clean and maintained free of unnecessary items, as specified under Chapter 9, Section 40.

Section 73. Indoor Storage Area.

(a) If located within the establishment or processing plant, a storage area for refuse, recyclables, and returnables shall meet the requirements specified under Chapter 8, Sections 71 and 72, and Chapter 9, Sections 1, 2 and 9.

Section 74. Outdoor Enclosure.

(a) An outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

Section 75. Outdoor Storage Surface.

(a) An outdoor storage surface for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.

Section 76. Refuse Disposal Frequency.

(a) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and/or rodents.

Section 77. Refuse Removal Receptacles or Vehicles.

(a) Refuse, recyclables, and returnables shall be removed from the premises by means of:

(i) Portable receptacles that are properly constructed and maintained; or

(ii) A transport vehicle that is properly constructed, maintained, and operated.

Section 78. Community or Individual Facility.

(a) Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated appropriately.

Section 79. Controlling Pests.

(a) The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by:

(i) Routinely inspecting incoming shipments of food and supplies;

(ii) Routinely inspecting the premises for evidence of pests;

(iii) Using methods, if pests are found, such as trapping devices or other means of pest control as specified under Chapter 8, Sections 82 and 83, and Chapter 9, Section 32; and

(iv) Eliminating harborage conditions.

Section 80. Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests.

(a) Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.

Section 81. Insect Control Devices, Design and Installation.

(a) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.

(b) Insect control devices shall be installed so that:

(i) The devices are not located over a food preparation area; and

(ii) Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

Section 82. Rodent Bait Stations.

(a) Rodent bait shall be contained in a covered, tamper-resistant bait station.

Section 83. Tracking Powders, Pest Control and Monitoring.

(a) A tracking powder pesticide may not be used in an establishment or processing plant.

(b) If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use articles.

Section 84. Outer Openings, Protected.

(a) Except as specified under Chapter 8, Section 84(b) and (c), outer openings of an establishment or processing plant shall be protected against the entry of insects and rodents by:

(i) Filling or closing holes and other gaps along floors, walls and ceilings;

(ii) Closed, tight-fitting windows; and

(iii) Solid self-closing, tight-fitting doors.

(b) Chapter 8, Section 84(a), does not apply if an establishment or processing plant opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

(i) Solid and tight-fitting;

(ii) Designated by the appropriate fire protection authority for use only when an emergency exists; and

(iii) Restricted so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

(d) Except as specified under Chapter 8, Section 84(b) and (d), if the windows or doors of an establishment or processing plant, or of a larger structure within which an establishment or processing plant is located, are kept open for ventilation or other purposes or a temporary establishment is not provided with windows and doors as specified under Chapter 8, Section 84(a), the openings shall be protected against the entry of insects and rodents by:

(i) Sixteen (16) mesh to one (1) inch (16 mesh to 25.4mm) screens;

(ii) Properly designed and installed air curtains to control flying insects; or

(iii) Other effective means.

(e) Chapter 8, Section 84(c), does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition.

(f) In processing plants that are processing honey, the doors and windows and other openings to the outside shall be properly screened and kept in good repair and equipped with bee escape or other method for disposing of the bees.

Section 85. Exterior Walls and Roofs, Protective Barrier.

(a) Perimeter walls and roofs of an establishment or processing plant shall effectively protect the establishment or processing plant from the weather and the entry of insects, rodents, and other animals.

Section 86. Operating and Storage Rooms for Inedibles; Outside Premises, Maintained in Clean Condition.

(a) All operating and storage rooms and departments of establishments used for inedible materials shall be maintained in acceptable clean conditions and meet the requirements as specified in 9 CFR 314 Handling and Disposal of Condemned or Inedible Products at Official Establishments and 9 CFR 381.95 Disposal of Condemned Poultry Products.

(b) The accumulation on the premises of establishments of any material in which flies may breed, such as hog hair, bones, paunch contents, or manure is forbidden.

History

Effective 2012-12-10

Chapter 9 Construction and Maintenance of Physical Facilities

Wyo. Code R. 010.0003.9.12102012 Construction and Maintenance of Physical Facilities

CHAPTER 9

CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES

Section 1. Floor, Wall, and Ceiling Surface Characteristics.

(a) Except as specified under Chapter 9, Section 1(b), materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be:

(i) Smooth, durable, and easily cleanable for areas where establishment or processing plant operations are conducted;

(ii) Closely woven and easily cleanable carpet for carpeted areas; and

(iii) Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile establishment servicing areas, and areas subject to flushing or spray cleaning methods.

(b) In a temporary establishment:

(i) If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other suitable approved materials that are effectively treated to control dust and mud; and

(ii) Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris.

Section 2. Floors, Walls, and Ceilings; Designed and Installed.

(a) Except as specified under Chapter 9, Section 3, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that anti-slip floor coverings or applications may be used for safety reasons.

Section 3. Floor Carpeting, Restrictions and Installation.

(a) A floor covering such as carpeting or similar material may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing sinks, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

(b) If carpeting is installed as a floor covering in areas other than those specified

under Section (a), it shall be:

(i) Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by other approved method; and

(ii) Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.

Section 4. Absorbent Materials on Floors, Use Limitation.

(a) Except as specified under Chapter 9, Section 12(b), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.

Section 5. Floor Covering, Mats and Duckboards.

(a) Mats and duckboards shall be designed to be removable and easily cleanable.

Section 6. Floor and Wall Junctures, Coved, and Enclosed or Sealed.

(a) In establishments or processing plants in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second (l/32) inch (1 mm).

(b) The floors in establishments or processing plants in which water flush cleaning methods are used shall be provided with drains and be graded to drain and the floor and wall junctures shall be coved and sealed.

Section 7. Floors, Walls, and Ceilings; Utility Lines.

(a) Utility service lines and pipes may not be unnecessarily exposed.

(b) Exposed utility service lines and pipes shall be installed to not obstruct or prevent cleaning of the floor, walls, or ceilings.

Section 8. Wall and Ceiling Coverings and Coatings.

(a) Wall and ceiling covering materials shall be attached so that they are easily cleanable.

(b) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

Section 9. Walls and Ceilings, Studs, Joists, and Rafters.

(a) Studs, joists, and rafters may not be exposed in areas subject to moisture. This requirement does not apply to temporary establishments.

Section 10. Walls and Ceilings, Attachments.

(a) Except as specified under Chapter 9, Section 10(b), attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall-mounted fans, decorative items, and other attachments shall be easily cleanable.

(b) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.

Section 11. Cleaning, Frequency and Restrictions.

(a) The physical facilities shall be cleaned as often as necessary to keep them clean.

(b) Cleaning shall be done during periods when the least amount of food is exposed, such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident.

Section 12. Cleaning Floors, Dustless Method.

(a) Except as specified under Chapter 9, Section 12(b), only dustless methods of cleaning shall be used, such as vacuum cleaning, wet cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds.

(b) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

(i) Without the use of dust-arresting compounds; and

(ii) In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

Section 13. Warewashing Sinks, Use Limitation.

(a) A warewashing sink may not be used for handwashing or dumping mop water.

(b) If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified under Chapter 7, Section 10, before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food shall be sanitized as specified under Chapter 7, Section 16, before and after using the sink to wash produce or thaw food.

Section 14. Cleaning Maintenance Tools, Preventing Contamination.

(a) Food preparation sinks, handwashing lavatories, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.

Section 15. Service Sink.

(a) At least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.

(b) Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste.

Section 16. Light Intensity.

(a) The light intensity shall be:

(i) At least 10 foot candles (108 lux) at a distance of thirty (30) inches (75 cm) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning;

(ii) At least 20 foot candles (215 lux):

(A) At a surface where food is provided for consumer self-service such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption;

(B) Inside equipment such as reach-in and under-counter refrigerators;

(C) At a distance of thirty (30) inches (75 cm) above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and

(iii) At least fifty (50) foot candles (540 lux) at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor; and

(iv) A minimum of fifty (50) foot candles (540 lux) of shadow free lighting at the inspection surfaces of the head, viscera, and carcass.

Section 17. Light Bulbs, Protective Shielding.

(a) Except as specified under Chapter 9, Section 17(b), light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

(b) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:

(i) The integrity of the packages cannot be affected by broken glass falling onto them; and

(ii) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

(c) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

Section 18. Mechanical Ventilation.

(a) If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.

Section 19. Ventilation Hood Systems, Adequacy.

(a) Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.

Section 20. Cleaning Ventilation Systems, Nuisance and Discharge Prohibition.

(a) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.

(b) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge.

Section 21. Storage of Other Personal Care Items.

(a) Except as specified under Chapter 9, Sections 37 and 38, employees shall store their personal care items in facilities as specified under Chapter 9, Section 23.

Section 22. Employee Accommodations.

(a) Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

(b) Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.

Section 23. Dressing Rooms and Lockers.

(a) Dressing rooms shall be designated and used by employees if the employees regularly change their clothes in the establishment or processing plant.

(b) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.

(c) In new construction, lockers or other suitable facilities shall be provided for the orderly storage of employees' clothing and other possessions.

Section 24. Presence and Use of Toxic Materials.

(a) Only those poisonous or toxic materials that are required for the operation and maintenance of an establishment or processing plant, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in an establishment or processing plant.

(b) Chapter 9, Section 24(a) does not apply to packaged poisonous or toxic materials that are for retail sale.

Section 25. Identifying Information, Prominence.

(a) Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.

Section 26. Working Containers, Chemicals.

(a) Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.

Section 27. Chemical Storage.

(a) Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(i) Separating the poisonous or toxic materials by spacing or partitioning; and

(ii) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

Section 28. Storage and Display.

(a) Poisonous or toxic materials shall be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single- use articles by:

(i) Separating the poisonous or toxic materials by spacing or partitioning; and

(ii) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles.

Section 29. Sanitizers, Criteria.

(a) Chemical sanitizers and other chemical antimicrobials applied to food- contact surfaces shall meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food- contact surface sanitizing solutions).

Section 30. Drying Agents, Criteria.

(a) Drying agents used in conjunction with sanitization shall:

(i) Contain only components that are listed as one of the following:

(A) Generally recognized as safe for use in food as specified in 21 CFR 182 -Substances Generally Recognized as Safe, or 21 CFR 184 -Direct Food Substances Affirmed as Generally Recognized as Safe;

(B) Generally recognized as safe for the intended use as specified in 21 CFR 186 -Indirect Food Substances Affirmed as Generally Recognized as Safe;

(C) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 -Prior-Sanctioned Food Ingredients;

(D) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR parts 175 Indirect Food Additives: Adhesives and Components of Coatings through 21 CFR 178 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers; or

(E) Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39 Threshold of regulation for substances used in food-contact articles; and

(ii) When sanitization is with chemicals, the approval required under Chapter 9, Section 30(a)(i)(C) or (a)(i)(E), or as an indirect food additive required under Chapter 9, Section 30(a)(i)(D), shall be specifically for use with chemical sanitizing solutions.

Section 31. Lubricants.

(a) Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces.

Section 32. Restricted Use Pesticides, Criteria.

(a) Restricted use pesticides specified under Chapter 9, Section 34(a)(iii), shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides.

Section 33. Boiler Water Additives, Criteria.

(a) Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 Boiler Water Additives.

Section 34. Conditions of Use.

(a) Poisonous or Toxic Materials shall be:

(i) Used according to:

(A) Law and this Rule;

(B) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in an establishment;

(D) Additional conditions that may be established by the regulatory authority; and

(ii) Applied so that:

(A) A hazard to employees or other persons is not constituted; and

(B) Contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented, and for a restricted-use pesticide, this is achieved by:

(I) Removing the items;

(II) Covering the items with impermeable covers; or

(III) Taking other appropriate preventive actions; and

(IV) Cleaning and sanitizing equipment and utensils after the application.

(iii) A restricted use pesticide shall be applied only by an applicator certified as defined in 7 U.S.C. 136(e) certified applicator, of the federal insecticide, fungicide and rodenticide act, or a person under the direct supervision of a certified applicator.

Section 35. Poisonous or Toxic Material Containers.

(a) A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.

Section 36. Medicines.

(a) Only those medicines that are necessary for the health of employees shall be allowed in an establishment or processing plant. This Section does not apply to medicines that are stored or displayed for retail sale.

(b) Medicines that are in an establishment or processing plant for the employees' use shall be labeled as specified under Chapter 9, Section 25, and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.

Section 37. Refrigerated Medicines, Storage.

(a) Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:

(i) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; and

(ii) Located so they are inaccessible to children.

Section 38. First Aid Supplies.

(a) First aid supplies that are in an establishment or processing plant for the employees' use shall be:

(i) Labeled as specified under Chapter 9, Section 25; and

(ii) Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.

Section 39. Facilities in Good Repair.

(a) The physical facilities shall be maintained in good repair.

Section 40. Maintaining Premises, Unnecessary Items and Litter.

(a) The premises shall be free of:

(i) Items that are unnecessary to the operation or maintenance of the establishment or processing plant such as equipment that is nonfunctional or no longer used; and

(ii) Litter.

Section 41. Private Homes and Living or Sleeping Quarters, Use Prohibition.

(a) A private home, a room used as living or sleeping quarters or an area directly opening into a room used as living or sleeping quarters may not be used for conducting an establishment or processing plant operations.

Section 42. Living or Sleeping Quarters, Separation.

(a) Living or sleeping quarters located on the premises of an establishment or processing plant such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for an establishment or processing plant operations by complete partitioning and solid self-closing doors.

Section 43. Clothes Washers and Dryers.

(a) Except as specified in Chapter 9, Section 43(b), if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer shall be provided and used.

(b) If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified under Chapter 9, Section 46, a mechanical clothes washer and dryer need not be provided.

Section 44. Use of Laundry Facilities.

(a) Except as specified under Chapter 9, Section 44(b), laundry facilities on the premises of an establishment shall be used only for the washing and drying of items used in the operation of the establishment or processing plant.

(b) Separate laundry facilities located on the premises for the purpose of general laundering such as for institutions providing boarding and lodging may also be used for laundering establishment or processing plant items.

Section 45. Mechanical Washing.

(a) Except as specified under Chapter 9, Section 45(b), linens shall be mechanically washed.

(b) In establishments or processing plants in which only wiping cloths are laundered as specified under Chapter 9, Section 43(b), the wiping cloths may be laundered in a mechanical washer, sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that is cleaned as specified under Chapter 7, Section 10.

Section 46. Wiping Cloths, Air-Drying Locations.

(a) Wiping cloths laundered in an establishment or processing plant that does not have a mechanical clothes dryer as specified under Chapter 9, Section 43(b), shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, single-service and single-use articles and the wiping cloths. This Section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under Chapter 7, Section 18.

Section 47. Clean Linens.

(a) Clean linens shall be free from food residues and other soiling matter.

Section 48. Linen Specifications.

(a) Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled.

(b) Cloth gloves used as specified under Chapter 5, Section 7(d), shall be laundered before being used with a different type of raw animal food such as beef, lamb, pork, and fish.

(c) Linens and napkins that are used as specified under Chapter 3, Section 24, and cloth napkins shall be laundered between each use.

(d) Wet wiping cloths shall be laundered daily.

(e) Dry wiping cloths shall be laundered as necessary to prevent contamination of food and clean serving utensils.

Section 49. Storage of Soiled Linens.

(a) Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

Section 50. Drying Mops.

(a) After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

Section 51. Storing Maintenance Tools.

(a) Maintenance tools such as brooms, mops, vacuum cleaners and similar items shall be:

(i) Stored so they do not contaminate food, utensils, equipment, linens, and single-service and single-use articles; and

(ii) Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

Section 52. Prohibiting Animals.

(a) Except as specified under Chapter 9, Section 52(b) and (c), live animals may not be allowed on the premises of an establishment or processing plant.

(b) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result:

(i) Edible fish, or decorative fish in aquariums, shellfish, or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(ii) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(iii) In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person if a health or safety hazard will not result from the presence or activities of the service animal; and

(iv) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

(A) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;

(B) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

(C) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and

(v) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.

(c) Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.

Section 53. Outdoor Surface Characteristics.

(a) The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.

(b) Exterior surfaces of buildings and mobile establishments or processing plants shall be of weather-resistant materials.

(c) Outdoor storage areas for refuse, recyclables, or returnables shall be of materials specified under Chapter 8, Sections 74 and 75.

Section 54. Outdoor Food Vending Areas, Overhead Protection.

(a) If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.

Section 55. Outdoor Servicing Areas, Overhead Protection.

(a) Servicing areas shall be provided with overhead protection except that areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection.

Section 56. Outdoor Walking and Driving Surfaces, Graded to Drain.

(a) Exterior walking and driving surfaces shall be graded to drain.

Section 57. Outdoor Refuse Areas, Curbed and Graded to Drain.

(a) Outdoor refuse areas shall be curbed and graded to drain to collect and dispose of liquid waste resulting from the refuse and/or from cleaning the area and waste receptacles.

Section 58. Facilities, Sanitation at Official Establishments Requiring Inspection.

(a) Official establishments shall be adequate for conducting inspection and meet the requirements as specified in 9 CFR 307 Facilities For Inspection; 416 Sanitation; and 9 CFR 381 Poultry Products Inspection Regulations, Subpart G Facilities for Inspection; Overtime and Holiday Service; Billing Establishments, Subpart H Sanitation, and Subpart I Operating Procedures.

History

Effective 2012-12-10

Chapter 10 Hazard Analysis and Critical Control Points (HACCP)

Wyo. Code R. 010.0003.10.12102012 Hazard Analysis and Critical Control Points (HACCP)

CHAPTER 10

HAZARD ANALYSIS AND CRITICAL CONTROL POINTS (HACCP)

Section 1. When a HACCP Plan is Required.

(a) Before engaging in an activity that requires a HACCP plan, a license applicant or license holder shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified under Chapter 10, Section 2, and the relevant provisions of this Rule if:

(i) Submission of a HACCP plan is required according to law;

(ii) A variance is required as specified under Chapter 3, Sections 41(d)(iv), 62, or Chapter 6, Section 18 (b); or

(iii) The regulatory authority determines that a food preparation or processing method requires a variance based on a plan submittal specified under Chapter 2, Section 7, an inspection finding, or a variance request.

(b) A license applicant or license holder shall have a properly prepared HACCP plan as specified under Chapter 3, Section 63.

Section 2. Contents of a HACCP Plan.

(a) For an establishment or processing plant that is required under Chapter 10, Section 1, to have a HACCP plan, the plan and specification shall indicate:

(i) A categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or other foods that are specified by the regulatory authority;

(ii) A flow diagram by specific food or category type identifying critical control points and providing information on the following:

(A) Ingredients, materials, and equipment used in the preparation of that food; and

(B) Formulations, or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

(iii) Food employee and supervisory training plan that addresses the food safety issues of concern;

(iv) A statement of standard operating procedures for the plan under consideration including clearly identifying:

(A) Each critical control point;

(B) The critical limits for critical control point;

(C) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;

(D) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

(E) Action to be taken by the person in charge if the critical limits for each critical control point are not met;

(F) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and

(v) Additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal.

Section 3. Trade Secrets.

(a) The regulatory authority shall treat as confidential in accordance with law information that meets criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under Chapter 2, Section 7, and Chapter 10, Section 2.

Section 4. HACCP Plans Required in Official Meat and Poultry Establishments.

(a) Every official establishment shall have a written HACCP plan as specified in 9 CFR 417 Hazard Analysis and Critical Control Point (HACCP) Systems.

History

Effective 2012-12-10

Chapter 11 Bottled Water Requirements

Wyo. Code R. 010.0003.11.12102012 Bottled Water Requirements

CHAPTER 11

BOTTLED WATER REQUIREMENTS

Section 1. Water Quality and Source.

(a) All bottled water except mineral water shall meet quality standards prescribed in 21 CFR 165.110 Bottled Water. Mineral water shall not contain any contaminant in quantities injurious to health taking into account the natural constituents and the rate of consumption of mineral water, as compared to drinking water.

Section 2. Good Manufacturing Practices and Operational Requirements.

(a) All bottled water, including mineral water, shall be processed and packaged in accordance with 21 CFR 110 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, and 21 CFR 129 Processing and Bottling of Bottled Drinking Water.

(b) Bottled water shall not be processed or bottled through a line or other equipment that is used for any other food.

(c) Artesian water may be collected with the assistance of external force to enhance the natural underground pressure so long as such measures do not alter the composition and quality of the water.

(d) Natural water may be treated to reduce the concentration of any substance which exceeds standards set under 21 CFR. 165.110 Bottled Water. It may be collected and transported by pipes, tunnels, trucks and similar devices.

(e) Spring water shall be collected only at the natural orifice of the spring or through a bore hole that is adjacent to the natural orifice. Spring water collected with the assistance of external force to protect the water source shall retain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface of the earth.

Section 3. Source Water Sampling.

(a) Water samples shall be:

(i) Taken from approved sources by the plant as often as necessary but at least annually to assure compliance with 21 CFR 129.35 (a) (3) Sanitary Facilities;

(ii) Analysis for microbiological contaminants shall be weekly if the source is other than a public water system;

(iii) The sampling and analyses shall be by qualified personnel and shall be in addition to any sampling performed by government agencies or laboratory;

(iv) Records of the sampling and analyses shall be maintained on file at the plant for two years;

(v) Analysis of the samples shall be performed by an accredited Laboratory;

(vi) Analysis for chemical contaminants shall be at a minimum frequency of once each year; and

(vii) Analysis for radiological contaminants shall be at a minimum frequency of once every four (4) years.

Section 4. Finished Product Sampling.

(a) To assure the plant's production of bottled water is in compliance with 21 CFR 129.80 Processes and Controls, the following product analyses shall be performed by an accredited laboratory:

(i) According to 21 CFR 129.80 Processes and Controls, analyze a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant at least weekly for microbiological purposes; and

(ii) According to 21 CFR 129.80 Processes and Controls, analyze a representative sample from a batch or segment of continuous product run for each type of bottled drinking water produced by the plant at least annually for chemical, physical, and radiological purposes.

(b) The representative sample shall be derived from the bottled product.

(c) All records pertaining to sampling and analysis shall be maintained at the plant for two years. All required documents shall be available for official review upon request.

Section 5. Exemptions.

(a) A bottled water plant operator may request an exemption from sampling source water and finished product if bottling is conducted less than on a weekly basis.

(i) An operator exempted under this section shall sample source water and finished products each production day.

(b) Bottled soda or seltzer or other food complying with 21 CFR 165.110 Bottled Water, is exempt from the requirements of this Rule.

History

Effective 2012-12-10

Chapter 12 Bulk Water Requirements

Wyo. Code R. 010.0003.12.12102012 Bulk Water Requirements

CHAPTER 12

BULK WATER REQUIREMENTS

Section 1. Applicability.

(a) This Rule applies to all persons engaged in the business of hauling bulk quantities of water for human consumption or for use in a licensed establishment or processing plant.

(i) Bulk water haulers shall be licensed according to Chapter 2, Section 2.

Section 2. General Standards.

(a) All bulk water covered shall be obtained from an approved source meeting one (1) of the following requirements:

(i) A regulated public water system that meets the requirements of 40 CFR 141 which is designed, operated, maintained, and sampled according to law;

(ii) A non-public water system that is designed, operated, and maintained according to law with current satisfactory or negative sampling results for coliform bacteria where samples are collected at least semiannually; or

(iii) An approved well or developed spring with an established history of current satisfactory or negative sampling results for coliform bacteria; and

(A) Routine sampling conducted at least quarterly or immediately prior to filling the bulk tank.

(b) Bulk water to be hauled, sold, or used shall not contact any surface or object which is not specifically designed for the sanitary handling and transfer of potable water. All equipment and plumbing coming in contact with the bulk water must be used exclusively for handling potable water and not for any other purpose.

(c) Tanks previously used to haul any beverage, food, or food-grade substance other than potable water, shall be tested for volatile organic chemicals (VOC) and inorganic chemicals (IOC) before being put into service.

(d) Tanks which have previously been used for hauling non-food grade liquids or petroleum products shall not be used to haul potable water.

(e) Bulk water tanks shall be completely sealed and latched at all times except when filling, cleaning, or servicing the bulk tank.

(i) Air vents shall terminate downward, if not otherwise protected by the manhole cover, and be equipped with a dust filter capable of removing particulate material which exceeds 10 microns in diameter.

(A) A twenty four (24) mesh, or finer, screen may be used during the winter months if the filter is likely to become frozen.

(f) All licensed bulk water hauling tanks shall display a "Wyoming Tested and Approved" seal on the outside of the tank or inside the water handling equipment compartment showing the most recent date of inspection.

(g) Water shall not be stored in the bulk tank longer than three (3) days.

Section 3. Vehicle Identification.

(a) The name and address of the person or firm hauling bulk water shall:

(i) Appear on both sides of the tank, or

(ii) On both of the truck cab doors if the bulk tank is not a separate unit.

(A) The size of the lettering shall be at least four (4) inches (10 cm) in height; and

(B) Must be fully visible and legible at all times.

(b) The words "drinking water only" or "potable water only" shall:

(i) Appear on both sides of the tank in letters at least four (4) inches (10 cm) in height;

(ii) On the rear of the tank in letters at least two (2) inches (5 cm) in height; and

(iii) Must be fully visible and legible at all times.

Section 4. Vehicle and Equipment Standards.

(a) All containers, tanks, hoses, fittings, caps and other equipment used to haul, store or transfer bulk water shall:

(i) Be constructed of approved food grade materials and coatings as defined in 40 CFR 141 and 21 CFR 174 and 175.

(b) All pumps must be constructed of food grade, corrosion resistant materials, and have permanently sealed, self-lubricating bearings.

(c) All parts of the tank, filling system, delivery system and associated pumps and hoses must be readily accessible for cleaning and inspection.

(d) All hoses and tubing shall:

(i) Be provided with threaded or clamped caps; and

(ii) The caps shall be in place at all times the fitting or hose is not in use.

(A) All caps shall be appropriately tethered to equipment to prevent loss and misuse.

(e) When hose bibs are available for filling canteens or portable water containers, a vacuum breaker shall be used to prevent backflow contamination.

(i) All hose bibs shall be provided with caps and shall be kept capped except when in use.

(f) All bulk tank openings and valves shall be kept closed and completely sealed at all times to prevent contamination from entering the tank.

(g) A manhole shall be provided for routine maintenance, cleaning and sanitizing.

(i) The manhole shall be large enough to enter for inspection.

(h) A drain at the lowest point in the tank shall be provided to allow for complete drainage.

(i) All reducers, adapters, pipe fittings and any other water-handling equipment carried on board must be stored protected in dust-proof containers.

(j) All tank valves and other openings shall be kept closed, latched, and sealed when not in use.

Section 5. Fill Point Standards.

(a) When using an overhead standpipe filling source, the filler hose shall terminate at least two hose diameters above the overflow of the tank and must be supported by a device which will provide for overhead protection of the fill hole.

(i) Threaded or clamped caps must be attached to the discharge and entry points of the standpipe and shall be used to protect the standpipe when it is not in use for filling.

(b) When filling through a direct connection: ,

(i) A vacuum breaker or other suitable means to prevent backflow from the bulk tank into the water system is required at the filling source; and

(ii) Filler hoses remaining attached to a hydrant shall be:

(A) Tightly capped; and

(B) Stored off the ground; or

(D) The connecting end sprayed with a sanitizing solution prior to connecting to the bulk tank.

Section 6. Discharge Requirements.

(a) When water is discharged from the bulk tank, the manhole and all other openings to the air must remain closed and be properly vented and screened to prevent the entrance of contaminants.

(b) The fill hose opening of the receiving tank must be protected from contamination during the filling procedure.

(c) During discharge, backflow of water from the receiving tank to the discharge (bulk) tank shall be prevented by one of the following methods:

(i) Maintaining an air gap between the discharge hose and the receiving tank;

(ii) Use of a vacuum breaker on the bulk tank or it's pump; or

(iii) By elevating and securing the discharge hose six (6) inches above the filler neck or overflow pipe of the discharge (bulk) tank.

Section 7. Sampling and Evaluation.

(a) A water sample from the tanker shall be submitted to an accredited laboratory by the hauler for a Coliform determination at least every six (6) months and after an extended interruption of water hauling services on the tanker.

(i) The sample shall be collected from the most commonly used discharge port of the bulk tank; and

(ii) A copy of the results shall be provided to the regulatory authority upon request.

Section 8. Records.

(a) The water hauler shall maintain a log of activities including:

(i) Dates, times, and quantities of all bulk water deliveries;

(ii) All water source(s);

(iii) All delivery points including addresses;

(iv) Copies of all agreements and contracts;

(v) Results of all required bacteriological analysis of samples collected from the bulk tank; and

(vi) A record of all cleaning, maintenance, and bulk tank repairs.

(b) These records shall be maintained for two (2) years in a central location and made available for review by the regulatory authority.

Section 9. Exemptions.

(a) Persons hauling water for their own use or for the use of their non-paying guests are not subject to the requirements of this Rule, providing they are not engaged in a profit oriented enterprise or sponsor of a free business or recreational camp where the public would be expected to consume the water.

(b) In emergency situations, equipment and/or water not approved under the auspices of this Rule shall be approved by the regulatory authority if all of the following conditions are met:

(i) The equipment selected for emergency use shall not have been previously used for hauling substances that are potentially unsafe for humans, such as sewage or chemicals;

(ii) All equipment must be thoroughly cleaned and sanitized before use;

(iii) The water shall be sufficiently disinfected to insure it is safe for human consumption; and

(iv) An exemption shall only be granted after inspection and approval by the regulatory authority.

Section 10. Sanitation.

(a) All water transfer equipment and any other equipment having the possibility of coming in contact with the bulk water shall be washed, rinsed, sanitized, and replaced as often as necessary to effectively maintain the sanitary quality of the bulk water.

(b) The bulk tank interior must be visually inspected by the hauler prior to the initial filling each day, and whenever potential contamination is suspected.

(i) Any time contamination has occurred or possibly occurred;

(ii) After back siphonage of water has occurred from a receiving tank;

(iii) When a visual inspection reveals sediment, rust, or foreign material inside the tank;

(iv) After more than 30 days of non-use;

(v) After repairs have been made to the inside of the tank;

(vi) After filling with water from a source where a "boil order" has been imposed; and

(vii) Upon receipt of unsatisfactory results from a routine bacteriological test of water drawn from the tank.

(d) Approved methods for sanitizing bulk tanks include:

(i) Manual (by brushing, spraying, or immersion) application of a sanitizing solution containing chlorine (200 ppm) or quartenary ammonium (200-400 ppm) directly to all interior tank surfaces, allowing a 30 minute contact time then followed by a potable water rinse;

(ii) Filling the tank with a diluted (50 ppm) chlorine sanitizing solution and allowing it to sit in the tank for 24 hours. Approximately one gallon of bleach containing 5.25% sodium hypochlorite will make 1,000 gallons of a sanitizing solution with a concentration of 50 ppm. A chemical test kit must be used for verifying the concentration of sanitizers; or

(iii) Steam contact application to the interior surfaces of the bulk tank.

(e) A spray bottle or tank sprayer containing either a chlorine (100-200 ppm) or quaternary ammonium (200-400 ppm) sanitizing solution shall be kept with the hauler at all times.

(i) Sanitizing solutions shall be applied as needed to pipe fittings, hose bibs, caps, tank openings and other possible points of contamination.

(f) Good hygiene shall be practiced by the hauler during filling, delivery and handling equipment including:

(i) Avoid touching the interior surfaces of hoses, clamps, fittings, and covers;

(ii) Prevent the contamination or unnecessary handling of any surface inside a receiving tank; and

(iii) Hand washing, use of disposable gloves, or the application of an alcohol-based gel-type hand sanitizer is required before handling any equipment surface that may come in contact with the bulk water.

History

Effective 2012-12-10

Chapter 13 Food Salvage

Wyo. Code R. 010.0003.13.11142006 Food Salvage

CHAPTER 13

FOOD SALVAGE

Section 1. Handling of Distressed Merchandise.

(a) Any person owning or having possession of distressed merchandise shall contact the director:

(i) Within 24 hours after the merchandise becomes distressed; and

(ii) Prior to its removal from the place at which it was located when it became distressed merchandise.

(b) If emergency removal of such distressed merchandise is required, or immediate contact with the director cannot be made, such notice to the director shall be made as soon thereafter as possible.

(c) The salvage distributor or manager of the salvage processing plant shall contact the director within forty-eight (48) hours whenever distressed merchandise subject to the provisions of this Rule is obtained.

(d) Distressed and salvageable merchandise shall:

(i) Be moved from the site of a fire, flood, sewer backup, wreck or other cause as expeditiously as possible so as not to become putrid, a rodent or insect harborage, or otherwise a menace to public health;

(ii) If of a perishable nature prior to reconditioning, be transported only in vehicles provided with adequate refrigeration if necessary for product maintenance; and

(iii) Not be shipped interstate without prior approval of the director.

(e) Distressed articles other than food that are also salvaged shall be handled in rooms separate from those in which foods are reconditioned.

(f) Sufficient precautions shall be taken to prevent cross-contamination (animal feed to human food, etc.) among the various types of merchandise which are salvageable or salvaged.

(g) Contaminated foods shall be separated immediately from non-contaminated foods.

Section 2. Reconditioning and Labeling of Distressed Merchandise.

(a) All salvageable merchandise shall be reconditioned prior to sale or distribution except for such sale or distribution to a person who meets all applicable requirements of this Rule and is acceptable to the director.

(b) All metal cans of food offered for sale or distribution shall be essentially free from rust (pitting) and dents (especially at rim, end double seams and/or side seams).

(i) Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution.

(ii) Metal or glass containers of food with press caps, screw caps, pull rings or other types of openings which have been in contact with:

(A) Water, liquid foam; or

(B) Other deleterious substances, as a result of fire fighting efforts, flood, sewer backups or similar mishaps, shall be:

(I) Deemed unfit for sale or distribution, and considered non-salvageable merchandise.

(i) Whose integrity has not been compromised;

(ii) Whose integrity would not be compromised by reconditioning; and

(iii) Which have been partially or totally submerged in water, liquid foam, or other deleterious substance as the result of flood, sewer backup or other reasons shall be:

(A) Thoroughly cleaned; and

(B) Subjected to a sanitizing rinse of a concentration of 100 ppm available chlorine for a minimum period of one minute; or

(iv) Shall subsequently be treated to inhibit rust formation.

(d) Cans or tins showing surface rust shall have:

(i) Labels removed;

(ii) The outer surface cleaned by buffing;

(iii) A protective coating applied when necessary; and

(iv) New labels applied.

(e) Relabeling of other salvageable non-metal (glass, plastic, etc.) containers shall be required when original labels are missing or illegible.

(f) All salvageable merchandise shall:

(i) Be labeled to indicate that the merchandise has been salvaged; and

(ii) Be in containers provided with labels meeting the requirements of W.S. 35-7-119 Fair packaging and labeling provisions, and regulations promulgated under that Act for products in interstate commerce.

(d) If original labels that are removed from containers which are to be resold or redistributed, the distributor must show the name and address of the salvage processing plant, as well as the date of reconditioning for sale or distribution.

Section 3. Handling of Non-Salvageable Merchandise.

(a) Foods shall be deemed to be non-salvageable merchandise if:

(i) They are contaminated and/or adulterated by pesticides or other chemicals;

(ii) They are potentially hazardous foods which have been exposed to a temperature above 41EF (5EC) for a period exceeding four (4) hours;

(iii) They are foods found unfit for salvage upon examination;

(iv) They are foods packaged in paper or other porous materials which have been subject to contamination; and

(v) They are foods so packaged that contaminating residues cannot be removed.

(b) Non-salvageable merchandise shall not be sold or distributed as food, but shall be disposed of in a manner approved by and under the supervision of the regulatory authority.

Section 4. Records.

(a) A written record or receipt of distressed, salvageable and salvaged merchandise shall be kept by the salvage processing plant for inspection by the regulatory authority during business hours.

(i) The records shall include:

(A) The name of the product;

(B) The name and address of the manufacturer or distributor;

(D) Container sizes;

(E) Source of the distressed merchandise;

(F) The date received;

(G) The type of damage; and

(H) The salvage process conducted.

(ii) These records shall be kept on the premises of the salvage processing plant for a period of two (2) years following the completion of transactions.

(b) A written record shall be kept by salvage handlers on forms provided by the director.

(i) The record shall include, among other information requested by the director:

(A) Name and address of manufacturer or distributor;

(B) Description of food;

(D) Container sizes;

(E) Date and time of accident or other event which caused merchandise to be distressed;

(F) Date and time of removal;

(G) Hours without refrigeration, when applicable;

(H) Type and extent of damage;

(I) Methods used for moving;

(J) Amount of merchandise destroyed;

(K) Method of destruction;

(L) Landfill receipt number;

(M) Location of landfill; and

(N) License and trailer numbers of all vehicles used to transport distressed food.

Section 5. Embargo of Distressed Food.

(a) Whenever a "notice of embargo" has been placed on or about any premises or vehicle by the regulatory authority, any person, acting as a salvage handler, must handle the distressed merchandise within the conditions outlined on the notice.

(i) The Anotice of embargo@ must be kept in the general area of the distressed merchandise at all times.

(b) Distressed merchandise which is under embargo may be transferred and moved to a nearby location for further handling.

(i) In all cases the regulatory authority must be notified when distressed merchandise is moved.

(c) Upon final disposition of all distressed merchandise, the salvage handler must return the "notice of embargo" and all other records required by this Rule to the regulatory authority within three (3) days.

History

Effective 2006-11-14

Chapter 14 Incorporation by Reference of Federal Codes, Standards, Rules, and Regulations

Wyo. Code R. 010.0003.14.01212021 § 1 Incorporation by Reference of Federal Codes, Standards, Rules, and Regulations

For the codes, standards, rules, and regulations incorporated by reference in these rules, the following apply:

(a) The Wyoming Department of Agriculture determined that the incorporation of the full text in these rules is cumbersome and inefficient given the length and nature of the codes, standards, rules, and regulations.

(b) Unless otherwise specified, the incorporation by reference consists of the codes, standards, rules, and regulations in effect on August 15, 2019. The incorporation does not include any later amendments or editions of the incorporated matter.

(c) The incorporated codes, standards, rules, and regulations are maintained at 2219 Carey Ave., Cheyenne, Wyoming 82002, and are available for public inspection and copying at cost at the same location.

History

Effective 2021-01-21

Wyo. Code R. 010.0003.14.01212021 § 2 Incorporation by Reference of Federal Codes, Standards, Rules, and Regulations

The following codes, standards, rules, and regulations are incorporated by reference in these rules:

(a) The following sections of the Code of Federal Regulations:

7 CFR 56 Regulations Governing the Voluntary Grading of Shell Eggs.

7 CFR 57 Inspection of Eggs (Egg Products Inspection Act).

7 CFR 60 Country of Origin Labeling for Fish and Shellfish.

7 CFR 65 Country of Origin Labeling of Lamb, Chicken, and Goat Meat, Perishable Agricultural Commodities, Macadamia Nuts, Pecans, Peanuts and Ginseng.

9 CFR 301 Terminology: Adulteration and Misbranding Standards.

9 CFR 302 Application of Inspection and Other Requirements.

9 CFR 303 Exemptions.

9 CFR 304 Application for Inspection; Grant of Inspection.

9 CFR 305 Official Numbers; Inauguration of Inspection; Withdrawal of Inspection; Reports of Violation.

9 CFR 306 Assignment and Authorities of Program Employees.

9 CFR 307 Facilities for Inspection.

9 CFR 309 Ante-mortem Inspection.

9 CFR 310 Post-mortem Inspection.

9 CFR 311 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts.

9 CFR 312 Official Marks, Devices and Certifications.

9 CFR 313 Humane Slaughter of Livestock.

9 CFR 314 Handling and Disposal of Condemned or Other Inedible Product at Official Establishments.

9 CFR 315 Rendering or Other Disposal of Carcasses and Parts Passed for Cooking.

9 CFR 316 Marking Products and Their Containers.

9 CFR 317 Labeling, Marking Devices, and Containers.

9 CFR 318 Entry into Official Establishments; Reinspection and Preparation of Products.

9 CFR 319 Definitions and Standards of Identity or Composition.

9 CFR 320 Records, Registration, and Reports.

9 CFR 321 Cooperation with States and Territories.

9 CFR 325 Transportation.

9 CFR 329 Detention; Seizure and Condemnation; Criminal Offenses.

9 CFR 352 Exotic Animals and Horses; Voluntary Inspection.

9 CFR 354 Voluntary Inspection of Rabbits and Edible Products Thereof.

9 CFR 362 Voluntary Poultry Inspection Regulations.

9 CFR 381 Poultry Products Inspection Regulations.

9 CFR 412 Label Approval.

9 CFR 416 Sanitation.

9 CFR 417 Hazard Analysis and Critical Control Point (HACCP) Systems.

9 CFR 418 Recalls.

9 CFR 424 Preparation and Processing Operations.

9 CFR 430 Requirements for Specific Classes of Products (Listeria monocytogenes).

9 CFR 441.10 Retained Water.

9 CFR 442 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights.

9 CFR 500 Rules of Practice.

9 CFR 590 Inspection of Eggs and Egg Products (Egg Products Inspection Act).

21 CFR 1.20-1.24 Subpart B—General Labeling Requirements.

21 CFR 7.1-7.13 Enforcement Policy Subpart A—General Provisions and 7.40-7.59 Subpart C—Recalls (Including Product Corrections)—Guidance on Policy, Procedures, and Industry Responsibilities.

21 CFR 70 Color Additives.

21 CFR 73.1-73.615 Listing of Color Additives Exempt From Certification Subpart A—Foods.

21 CFR 74.101-74.706 Listing of Color Additives Subject to Certification Subpart A—Foods.

21 CFR 81 General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs, and Cosmetics.

21 CFR 82.3-82.6 Listing of Certified Provisionally Listed Colors and Specifications Subpart A—General Provisions and 82.50-82.706 Subpart B—Drugs and Cosmetics.

21 CFR 100.155 Salt and Iodized Salt.

21 CFR 101 Food Labeling.

21 CFR 102 Common or Usual Name for Nonstandardized Foods (except section 102.19 Petitions).

21 CFR 104 Nutritional Quality Guidelines for Foods.

21 CFR 105 Foods for Special Dietary Use.

21 CFR 108.25-108.35 Emergency Permit Control Subpart B—Specific Requirements and Conditions for Exemption From or Compliance With an Emergency Permit.

21 CFR 109 Unavoidable Contaminants in Food for Human Consumption and Food-Packaging Material.

21 CFR 111 Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements.

21 CFR 113 Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

21 CFR 114 Acidified Foods.

21 CFR 115 Shell Eggs.

21 CFR 117 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food.

21 CFR 120 Hazard Analysis and Critical Control Point (HACCP) Systems.

21 CFR 123 Fish and Fishery Products.

21 CFR 129 Processing and Bottling of Bottled Drinking Water.

21 CFR 130 Food Standards: General.

21 CFR 131 Milk and Cream.

21 CFR 133 Cheeses and Related Cheese Products.

21 CFR 135 Frozen Desserts.

21 CFR 136 Bakery Products.

21 CFR 137 Cereal Flours and Related Products.

21 CFR 139 Macaroni and Noodle Products.

21 CFR 145 Canned Fruits.

21 CFR 146 Canned Fruit Juices.

21 CFR 150 Fruit Butters, Jellies, Preserves and Related Products.

21 CFR 152 Fruit Pies.

21 CFR 155 Canned Vegetables.

21 CFR 156 Vegetable Juices.

21 CFR 158 Frozen Vegetables.

21 CFR 160 Eggs and Egg Products.

21 CFR 161 Fish and Shellfish.

21 CFR 163 Cacao Products.

21 CFR 164 Tree Nut and Peanut Products.

21 CFR 165 Beverages.

21 CFR 166 Margarine.

21 CFR 168 Sweeteners and Table Sirups.

21 CFR 169 Food Dressings and Flavorings.

21 CFR 170 Food Additives.

21 CFR 171 Food Additive Petitions.

21 CFR 172 Food Additives Permitted for Direct Addition to Food For Human Consumption.

21 CFR 173 Secondary Direct Food Additives Permitted in Food for Human Consumption.

21 CFR 174 Indirect Food Additives: General.

21 CFR 175 Indirect Food Additives: Adhesives and Components of Coatings.

21 CFR 176 Indirect Food Additives: Paper and Paperboard Components.

21 CFR 177 Indirect Food Additives; Polymers.

21 CFR 178 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers.

21 CFR 179 Irradiation in the Production, Processing and Handling of Food.

21 CFR 180 Food Additives Permitted in Food or in Contact With Food on an Interim Basis Pending Additional Study.

21 CFR 181 Prior-Sanctioned Food Ingredients.

21 CFR 182 Substances Generally Recognized as Safe.

21 CFR 184 Direct Food Substances Affirmed as Generally Recognized as Safe.

21 CFR 186 Indirect Substances Affirmed as Generally Recognized as Safe.

21 CFR 189 Substances Prohibited From Use in Human Food.

21 CFR 190 Dietary Supplements.

21 CFR 1030.10 Microwave Ovens.

21 CFR 1240.60 Molluscan shellfish.

21 CFR 1240.61 Mandatory pasteurization for all milk and milk products in final package form intended for direct human consumption.

21 CFR 1240.75 Garbage.

40 CFR 141 National Primary Drinking Water Regulations.

40 CFR 152.175 Pesticides Classified for Restricted Use.

40 CFR 180 Tolerances and Exemptions for Pesticide Chemical Residues in Food.

50 CFR 17 Endangered and Threatened Wildlife and Plants.

The incorporated sections may be found electronically at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse

(b) The following sections of the United States Code:

7 USC 136(e) Definitions—Certified applicator, etc.

Humane Methods of Livestock Slaughter 7 USC 1901 through 1907.

Federal Food, Drug, and Cosmetic Act 21 USC 321(k), (m), (s), (t) & (ff) Definitions; generally.

Federal Food, Drug, and Cosmetic Act 21 USC 331(v) Prohibited acts.

Federal Food, Drug, and Cosmetic Act 21 USC 333 Penalties.

Federal Food, Drug, and Cosmetic Act 21 USC 342 Adulterated food.

Federal Food, Drug, and Cosmetic Act 21 USC 348 Food additives.

Federal Food, Drug, and Cosmetic Act 21 USC 350b New dietary ingredients.

Federal Food, Drug, and Cosmetic Act 21 USC 373 Records.

Federal Food, Drug, and Cosmetic Act 21 USC 376 Examination of sea food on request of packer; marking food with results; fees; penalties.

Federal Food, Drug, and Cosmetic Act 21 USC 377 Revision of United States Pharmacopoeia; development of analysis and mechanical and physical tests.

The incorporated sections may be found electronically at: uscode.house.gov

(c) National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2017 Revision, found electronically at: https://www.fda.gov/media/117080/download

(d) U.S. Public Health Service / Food and Drug Administration Grade "A" Pasteurized Milk Ordinance 2017 Revision, found electronically at: https://www.fda.gov/media/114169/download

(e) "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments 2017 Revision," and "Methods of Making Sanitation Ratings of Milk Shippers 2017 Revision," found electronically at: https://www.fda.gov/food/milk-guidance-documents-regulatory-information/national-conference-interstate-milk-shipments-ncims-model-documents

(f) United States Department of Agriculture—Agricultural Marketing Service "Milk for Manufacturing Purposes and its Production and Processing (July 21, 2011)," found electronically at: http://www.ams.usda.gov/publications/content/milk-manufacturing-purposes-and-its-production-and-processing

(g) 2018 International Plumbing Code, found electronically at: https://codes.iccsafe.org/content/IPC2018P2/toc

(h) USDA AMS 56 United States Standards, Grades, and Weight Classes for Shell Eggs (July 20, 2000), found electronically at: https://www.ams.usda.gov/sites/default/files/media/Shell_Egg_Standard%5B1%5D.pdf

(i) 50 FR 15861 United States Standards for Grades of Extracted Honey (May 23, 1985), found electronically at: https://www.ams.usda.gov/grades-standards/extracted-honey-grades-and-standards

(j) 32 FR 7565 United States Standards for Grades of Comb Honey (May 24, 1967), found electronically at: https://www.ams.usda.gov/grades-standards/comb-honey-grades-and-standards

(k) Federal Meat Inspection Act (including the Wholesome Meat Act), found electronically at: https://www.fsis.usda.gov/wps/portal/fsis/topics/rulemaking/federal-meat-inspection-act

(l) Poultry Products Inspection Act, found electronically at: https://www.fsis.usda.gov/wps/portal/fsis/topics/rulemaking/poultry-products-inspection-acts

(m) Food Allergen Labeling and Consumer Protection Act of 2004, found electronically at: https://www.fda.gov/food/food-allergensgluten-free-guidance-documents-regulatory-information/food-allergen-labeling-and-consumer-protection-act-2004-falcpa

History

Effective 2021-01-21

Chapter 15 Egg Grading Requirements

Wyo. Code R. 010.0003.15.12102012 Egg Grading Requirements

CHAPTER 15

EGG GRADING REQUIREMENTS

Section 1. Licensing and Standardizaion

(a) In order to candle and grade eggs for sales to establishments, a license shall be applied for in accordance with Chapter 2, Section 2, (a) (ii) of this Rule.

(b) Standardization is required to ensure knowledge and consistency in candling and grading eggs and shall consist of the following:

(i) Upon receipt of the completed license application form and the license fee, an authorized representative of the Wyoming Department of Agriculture, Consumer Health Services Division shall provide a written and performance examination to the license applicant;

(ii) The written examination shall determine the license applicant's knowledge of egg quality and size standards established in this chapter;

(ii) The performance examination shall determine the license applicant's ability to candle and grade eggs; and

(iv) The license applicant shall obtain a grade of 80% or higher on the written examination and not exceed a deviation of ± 15% on the candling performance examination to qualify for an egg grader standardization.

Section 2. General Definitions

(a) The following definitions apply to this chapter of the Wyoming Food Safety Rule:

(i) "Candling" means the careful examination of the whole egg by means of a strong light in a partially dark room or place.

(ii) "Chalazas" a white structure that is continuous with the chalaziferous layer which suspends the yolk in the center of the white.

(iii) "Check" means an egg with a broken or cracked shell but with membranes intact and no leaking contents.

(iv) "Grader" means a person who determines the quality and size of eggs in accordance with Wyoming laws and rules through candling.

(v) "Haugh unit value" means the value resulting from the correlation of the height of the thick white when broken out as measured by a micrometer and the weight of the egg when broken out.

(vi) "Leaker" means an egg that has a crack or break in the shell and shell membrane to the extent that the egg content is exuding or free to exude through the shell.

(vii) "Loss egg" means an egg that is inedible, smashed or broken so that the contents are leaking, overheated, frozen, or contaminated.

Section 3. Eggs Deemed Unfit for Human Consumption

(a) Eggs defined and described in this section are deemed unfit for human food and may not be sold or offered for sale for human consumption.

(i) "Addled" or "white rot" means an egg that is putrid or rotten.

(ii) "Moldy" means an egg which has deteriorated so that mold spores have formed within the egg.

(iii) "Blood spot" is a spot of blood in excess of 1/8 inch (3.2 mm) in aggregate which adheres to the yolk of the egg.

(iv) "Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance.

(v) "Blood ring" means an egg in which the germ has developed to such an extent that blood is formed.

(vi) "Adherent yolk" means an egg in which the yolk has become fastened to the shell.

(vii) "Incubated eggs" means eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours.

(viii) "Bloody white" means an egg with a general reddish appearance due to blood mixed through the albumen which may show spots of blood floating in the white.

(ix) "Meat spot" means that the egg has a speck of foreign matter adhering to the yolk or floating in the white.

(x) An egg that is smashed or broken and the contents are leaking.

(xi) Eggs which are otherwise unwholesome or adulterated as defined in 7 CFR 57 Inspection of Eggs (Egg Products Inspection Act).

Section 4. Sales of Checked Shell Eggs

(a) Checked shell eggs shall not be sold on or off premises to:

(i) Hospitals, institutions, nursing homes, convalescent homes, retirement homes, or schools, whether owned privately or by a governmental body;

(ii) Food establishments subject to licensing by the Wyoming Department of Agriculture, including but not limited to, bakeries, restaurants, cafes, drive-ins, and food processing plants; or

(iii) Private clubs, organizations, churches or church groups if members, the public and/or non-members and guests are served food.

(b) Checked shell eggs may be sold to a breaking plant approved by the department or for non-human food purposes to an animal-food processing plant in accordance with 7 CFR 57 Inspection of Eggs (Egg Products Inspection Act).

(c) Checked shell eggs may be sold on the premises to the end consumer only if conforming to the requirements of 7 CFR 57 Inspection of Eggs (Egg Products Inspection Act) and as follows:

(i) Each container of checked shell eggs sold or offered for sale shall have a label printed on the container, inserted into the container or by other means attached to the container advising the consumer that the eggs are being sold only for cooking and baking purposes where the cooking temperatures will reach or exceed 165°F. (73.9 C.). Each label must contain the words "checked shell" and the printing on each label shall be clean, clear and of such size print so as to be easily read by the consumer.

(ii) The label and/or container may not have on or in it any words, phrase or graphic material which might tend to mislead the purchaser or consumer that the eggs have been inspected by the department or that they have been candled or graded.

(iii) All references on the containers to size, grade, freshness and seals or imprint seals must be obliterated prior to sale to the consumer.

Section 5. Adulterating of Shell Eggs and Egg Products

(a) No person shall adulterate eggs or egg products except:

(i) Department-approved non-toxic substances or colorings may be added only to make them inedible for humans or for rechanneling eggs and egg products into an animal-food processing plant.

Section 6. Regrading Shell Eggs

(a) All eggs and egg products produced or sold in the state of Wyoming may be regraded by the regulatory authority in order to ascertain compliance with the rules contained in this chapter wherever they are produced, processed, held, kept, sold, offered or intended for sale.

(b) Eggs and egg products which do not comply with the rules contained in this chapter shall be ordered returned to the supplier by the regulatory authority. The supplier shall be notified why the eggs are being returned in writing by the regulatory authority.

Section 7. Candling Procedures

(a) The Wyoming standards for quality of shell eggs contained in this chapter only apply to eggs that are the product of the domesticated chicken hen and remain in the shell.

(b) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light that will enable the grader to make consistently accurate determinations of the interior quality of shell eggs may be used. The grader shall break-out an occasional egg and compare the broken-out and candled appearance to aid in correlating the candled and broken-out appearance by determining the Haugh unit value of the broken-out egg.

Section 8. Shell

(a) A "clean" shell is an unbroken shell free from foreign material and 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 intensity to detract from the generally clean appearance of the egg. Eggs which show traces of processing oil on the shell are considered clean unless otherwise soiled.

(b) A "dirty" shell is an unbroken shell which has dirt or foreign material adhering to its surface, has prominent stains, or has moderate stains covering more than 1/32 of the shell surface if localized or 1/16 of the shell surface if scattered.

(c) A "check egg" is an egg with a broken shell or crack in the shell, but with its shell membranes intact and its contents not leaking. A check egg is considered to be lower quality than a dirty egg.

(d) A "practically normal" (AA or A quality) shell is an unbroken shell that approximates the usual egg shape and is sound and free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

(e) An "abnormal" (B quality) shell is an unbroken shell that is somewhat unusual, decidedly misshapen, faulty in soundness or strength, or shows pronounced ridges or thin spots.

Section 9. Air Cell

(a) The "depth of air cell" (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward.

(b) A "free air cell" is an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

(c) A "bubbly air cell" is a ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

Section 10. White

(a) A "clear" (AA, A quality) white is free from discoloration or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies, such as spots and blood clots.)

(b) A "firm" (AA quality) white is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to the broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45°F. (7.2 C.) and 60°F. (15.6 C.).

(c) A "reasonably firm" (A quality) white is a white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 up to 71 when measured at a temperature between 45°F. (7.2 C.) and 60° F.

(d) A "weak and watery" (B quality) white is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to the broken-out egg, a weak and watery white has a Haugh unit value lower than 60 when measured at a temperature between 45°F. (7.2 C.) and 60°F. (15.6 C.)

(e) Eggs containing "blood clots and/or spots" which are small blood or meat spots (aggregating not more than 1/8 inch (3.2 mm) diameter) are to be classified as B quality.

(f) A "bloody white" is an egg, with a white which has blood diffused through it. Such a condition may be present in new-laid eggs. Eggs with bloody whites are classified as a loss.

Section 11. Yolk

(a) An "outline slightly defined" (AA quality) yolk is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(b) An "outline fairly well defined" (A quality) yolk is discernable but not clearly outlined as the egg is twirled.

(d) An "enlarged and flattened" (B quality) yolk is one in which the membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat.

(e) A "practically free from defects" (AA or A quality) yolk shows no germ development, but may show other very slight defects on its surface.

(f) A "clearly visible germ development" (B quality) yolk is one in which the development of the germ spot of a fertile egg has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(g) "Blood due to germ development" is blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. An egg having blood due to germ development is classified as inedible.

Section 12. Egg Quality Grades

(a) AA Quality:

(i) The shell must be clean, unbroken and practically normal;

(ii) The air cell may not exceed 1/8 inch (3.2 mm) in depth, may show unlimited movement and may be free or bubbly;

(iii) The white must be clear and at least reasonably firm so that the yolk is only slightly defined when the egg is twirled before a candling light; and

(iv) The yolk must be clear and firm.

(b) A Quality:

(i) The shell must be clean, unbroken and practically normal;

(ii) The air cell may not exceed 3/16 inch (4.8 mm) in depth, may show unlimited movement and may be free or bubbly;

(iii) The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light; and

(iv) The yolk must be practically free from apparent defects.

(i) The shell must be unbroken, may be abnormal and may have slightly stained areas.

(A) Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized or 1/16 of the shell surface if scattered.

(B) Eggs having shells with prominent stains or adhering dirt are not permitted.

(ii) The air cell may be over 3/16 inch (4.8 mm) in depth, may show unlimited movement, and may be free or bubbly.

(iii) The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light.

(iv) The yolk may appear dark, enlarged, and flattened, and may show clearly visible germ development but no blood due to germ development.

(A) The yolk may show other serious defects that do not render the egg inedible.

(B) Small blood spots or meat spots (aggregating not more than 1/8 inch (3.2 mm) in diameter) may be present.

Section 13. General Requirements for Buildings and Plant Facilities

(a) Plans and specifications shall be submitted to the Consumer Health Services inspector prior to beginning construction of the separate room or building for processing eggs.

(b) The building shall be constructed and maintained to prevent the entrance or harboring of vermin.

(c) Grading and packing rooms must be of sufficient size to permit installation of necessary equipment and the conduct of grading and packing in a sanitary manner.

(d) A toilet room is required for employees and shall be kept in a clean and sanitary condition.

(i) A hand sink shall be provided with hot and cold running water tempered by means of a mixing valve or combination faucet.

(ii) Toilet rooms must be vented to outside the building.

(iii) Signs instructing employees to wash their hands before returning to work shall be posted in the restrooms

(iv) All waste containers shall be of the covered type and be kept closed when not in use.

(h) Lights in the egg room/building shall either be shielded or utilize shatter proof bulbs.

(i) If mechanical equipment is used, adequate light must be provided for the detection and removal of stained and dirty shells and determining the condition of the packing material.

(i) The walls, floor and ceiling in the egg room or building shall be smooth, non-absorbent, easily cleanable and of a light color.

(j) The egg washing room may double as the egg grading and candling room if it can be adequately darkened to make accurate quality determinations of candled eggs.

(k) The candling lights shall deliver a reasonably uniform intensity of light at the candling aperture which will facilitate accurate quality determinations.

(l) Easily cleanable, certified scales shall be used to check the accuracy of weight classing.

(m) Adequate ventilation shall be provided.

(n) Cooler rooms shall have refrigeration capable of reducing and holding the maximum volume of eggs handled to a temperature of 45°F (7.2 C.) or below within 24 hours.

(i) A thermometer shall be conspicuously located in the refrigerated areas.

(ii) Cooler rooms shall be free from objectionable odors, dirt and pooled wastes.

Section 14. Shell Egg Protecting Operations

(a) Shell egg protecting (oil processing) operations shall be conducted to avoid contamination of the product and maximize conservation of its quality.

(i) Eggs with excess moisture on the shell shall not be shell protected.

(ii) Oil that is obviously contaminated shall not be used in shell egg protection.

(iii) Processing oil that has been previously used or which has become contaminated shall be filtered and heat-treated at 180°F. (82.2 C.) for three (3) minutes prior to use.

(b) Shell egg processing equipment shall be washed, rinsed and treated with a bactericidal agent each time the oil is removed.

(i) Processing oil shall be filtered and heat-treated and shell egg processing equipment cleaned daily when in use.

(ii) Egg processing equipment shall be covered and protected against dust and dirt when not in use.

Section 15. Shell Egg Cleaning Operations

(a) Shell egg cleaning equipment shall be kept clean and in good repair and operating condition. It must be cleaned after each day's use or more frequently if necessary. Visible mineral deposits must be removed, either manually or by de-liming agents.

(b) Waste water from egg washing equipment shall be indirectly drained and wastewater from all drains shall drain to an approved sewage system.

(c) The egg room/candling and grading room shall contain a separate hand sink with hot and cold running water tempered by means of a mixing valve faucet.

(d) Facilities shall have means to wash, rinse and sanitize eggs in a sanitary manner.

(i) The water in continuous-type washers shall be completely changed as required and at least once during each shift and at the end of each shift.

(ii) The minimum maintained temperature of the wash water shall be 90°F. (32.2 C.) Pre-wetting by submersion may not exceed five (5) minutes.

(iii) Eggs shall be removed from the washing and rinsing area of the egg washer during rest periods and from the scanning area whenever there is a build-up of heat.

(iv) Only cleaning and sanitizing compounds approved by the department shall be used.

(v) The use of metered equipment for dispensing the compounds into solution is recommended.

(vi) The entire shell egg cleaning and drying operation shall be continuous and shall be completed as rapidly as possible.

(vi) Only potable water may be used to wash eggs.

(A) Water from a nonpublic water system shall be sampled and tested for coliform bacteria at least semi-annually.

(B) An analysis of the iron content of the water supply, stated in parts per million, is also required. An iron content of less than two (2) ppm is required.

(vii) All washed eggs must be effectively sanitized in warm, potable water which contains an approved sanitizing compound that is no less than fifty (50) ppm nor more than two hundred (200) ppm of available chlorine or it's equivalent.

(viii) Washed eggs must be reasonably dry before cartoning or casing.

(e) Steam or vapors originating from the washing operation shall be continuously and directly removed to the outside of the building.

(f) Eggs that are to be transported to another location for sale shall be maintained at 45°F (7.2 C.) or colder during transportation.

Section 16. Packaging and Labeling

(a) The cartons used to package eggs shall be new and labeled with:

(i) Establishment name;

(ii) Establishment address;

(iii) Egg grade;

(iv) Safe handling instructions;

(v) Number of eggs in carton;

(vi) Packaging date; and

(vii) Wording "Keep Refrigerated"

(b) Cases and packaging material shall be visibly clean, free of mold, mustiness and off odors and shall be of sufficient strength and durability to adequately protect eggs during normal distribution.

(d) The Wyoming certified grader's number shall be stamped on the carton in a conspicuous location prior to entering commerce.

Section 17. Pesticides

(a) Pesticides, insecticides and rodenticides used in the plant must be approved by the department and shall be stored, handled and applied in accordance with the manufacturer's instructions.

Section 18. Health and Hygiene of Personnel

(a) No person known to have a communicable or infectious disease shall come in contact with eggs or egg products.

(b) Plant personnel coming in contact with eggs and egg products shall wear clean, washable clothing.

Section 19. Wyoming Grade and Weight Sampling Requirements for Shell Eggs

(a) The grades provided below are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. Reference in these standards to the term "case" means thirty (30) dozen eggs per case as used in commercial practices in the United States. A minimum of one hundred (100) eggs must be examined per sample case. For lots which consist of less than one (1) case, a minimum of fifty (50) eggs must be examined. If the lot consists of less than fifty (50) eggs, all eggs will be examined. Whenever grading service is performed on a representative sample basis, the sample shall be drawn and consist of not less than the minimum number of cases as indicated in the following table:

MINIMUM NUMBER OF CASES, RANDOMLY SELECTED, COMPRISING A REPRESENTATIVE SAMPLE

Cases in Lot Cases in Sample

1....................................................................................................... 1

2 to 10 inclusive……..…………………………………………………………. 2

11 to 25 …….…………………………………………………….…………….. 3

26 to 50 …….…………………………………………………………………... 4

51 to 100………………………………………………………………………... 5

101 to 200………………………………………………………….…………… 8

201 to 300……………………………………………………………………… 11

301 to 400……………………………………………………………………… 13

401 to 500……………………………………………………………………… 14

501 to 600……………………………………………………………………… 16

(Include one (1) additional case for each fifty (50) cases or fraction thereof in excess of six hundred (600) cases.)

(b) Aggregate tolerances are permitted within each grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading, and reasonable variations of grader's interpretation.

(d) "No grade" means eggs of possible edible quality that fail to meet the requirements of an official Wyoming grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriously affected the character, appearance, or flavor of the eggs.

Section 20. Wyoming Consumer Grades and Weight Classes for Shell Eggs

(a) Grades.

(i) Wyoming grade AA.

(A) Wyoming consumer grade AA must consist of eggs which are 85% AA quality at origin. Within the 15% which may be below AA quality, not more than 5% may be B quality or checks in any combination. No dirties or loss eggs are permitted.

(B) Wyoming consumer grade AA must consist of eggs which are 80% AA quality at destination. Within the 20% which may be below AA quality, not more than 5% may be B quality, checks in any combination, and not more than 0.5% leakers or dirties in any combination.

(ii) Wyoming grade A.

(A) Wyoming consumer grade A at origin must consist of eggs which are 85% A quality or better. Within the 15% which may be below A quality, not more than 5% may be checks. No dirties or loss eggs are permitted.

(B) Wyoming consumer grade A at destination must consist of eggs which are 80% A quality or better. Within the 20% which may be below A quality, not more than 5% may be checks, and not more than 0.5°% leakers and dirties.

(iii) Wyoming grade B:

(A) Wyoming consumer grade B at origin must consist of eggs which are 85% B quality or better. Not more than 10% may be checks. No dirties or loss eggs are permitted.

(B) Wyoming consumer grade B at destination must consist of eggs which are 80% B quality or better. Not more than 10% may be checks and not more than 0.5% leakers and dirties.

(iv) Additional tolerances:

(A) In lots of two (2) or more cases:

(I) For grade AA:

(1.) No individual case may exceed 10% fewer AA quality eggs than the minimum permitted for the lot average.

(II) For grade A:

(1.) No individual case may exceed 10% fewer A quality eggs than the minimum permitted for the lot average.

(III) For grade B:

(1.) No individual case may exceed 10% fewer B quality eggs than the minimum permitted for the lot average.

(B) In lots of 2 or more cartons, no individual carton may contain less than 8 eggs of the specified quality and no individual carton may contain less than ten (10) eggs of the specified quality and the next lower quality. The remaining two (2) eggs may consist of a combination of qualities below the next lower quality (i.e., in lots of grade A, not more than two (2) eggs of the qualities in individual cartons within the sample may be checks.)

(b) Weight classes:

(i) The Wyoming consumer grades and weight classes for shell eggs are as indicated in the following table and shall apply to eggs sold by size.

Minimum Net Minimum Weight Size or Weight Minimum Net Weight Per 30 for Individual Eggs Class Weight Per Dozen Dozen at Rate Per Dozen

Oz (kgms) Lbs (kgm) Oz (gms)

Jumbo 30 (.85) 56 (25.4) 29 (.82) Extra Large 27 (.77) 50 ½ (22.9) 26 (.74) Large 24 (.68) 45 (20.4) 23 (.65) Medium 21 (.6) 39 ½ (17.9) 20 (.57) Small 18 (.51) 34 (15.4) 17 (.48) Peewee 15 (.43) 28 (12.7) --

(ii) A lot average tolerance of 3.3% for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5%.

15-14

History

Effective 2012-12-10

18 General Agency, Board or Commission Rules

Chapter 14 Predatory Animal Control Regulations

Wyo. Code R. 010.0005.14.12142022 § 1 Authority

. These regulations are promulgated in accordance with the authority provided in Wyoming Statutes §§ 11-6-104 and 11-6-105.

History

Effective 2022-12-14

Wyo. Code R. 010.0005.14.12142022 § 2 Aerial Hunting Prohibition and Exceptions

(a) The Federal Airborne Hunting Act, 16 U.S.C. § 742j-1, prohibits aerial hunting and harassing of birds, fish, or other animals with certain exceptions.

(b) Exceptions.

(i) The Airborne Hunting Act allows aerial hunting by persons who are acting within the scope of their official duties as an employee or authorized agent of a state or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops. The Department recognizes this exception and does not require those persons to obtain a permit from the Department.

(ii) The Airborne Hunting Act and related federal regulations also provide that a state may issue permits to persons to engage in aerial hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domesticated animals, human life, or crops, but not for the purpose of sport hunting. Except for the persons described in Section 2(b)(i), any person who seeks to engage in aerial hunting or harassing of rodents and predators must first obtain a permit from the Department.

History

Effective 2022-12-14

Wyo. Code R. 010.0005.14.12142022 § 3 State Permits

(a) The Department will issue an aerial hunting permit to an applicant who:

(i) Meets the requirements of these regulations;

(ii) Submits a district approval form, provided by the Department, for each predator management district over which the applicant plans to conduct aerial hunting that is signed by either the president, vice president, or secretary-treasurer of the district's board;

(iii) Completes and submits the appropriate permit application; and

(iv) Submits the fee established in W.S. § 11-1-104(b)(i).

(b) Each predator management district board should regularly review applicant approvals and denials when it holds a meeting, and when it does, shall note in its meeting minutes:

(i) The name of all applicants who have sought approval from one of the board members since the last board meeting when applicant approvals and denials were reviewed;

(ii) Whether each applicant was approved; and

(iii) If approved, the name of the board officer who signed the district approval form.

(i) Aircraft permits. All aircraft that are used to hunt or harass rodents or predators must have a valid aircraft permit attached within the aircraft's cabin or within the physical possession of the pilot operating the aircraft.

(ii) Pilot permits. A valid pilot permit must be in the physical possession of any person who pilots an aircraft used to hunt or harass rodents or predators.

(iii) Gunner permits. A valid gunner permit must be in the physical possession of any person who shoots at rodents or predators while airborne.

(d) Permit requirements and limitations.

(i) After receiving a permit, a permittee who intends to conduct aerial hunting in an additional predator management district must submit to the Department a district approval form signed by either the president, vice president, or secretary-treasurer of that district's board. No fee is required for submittal of additional district approval forms. The permittee may not conduct aerial hunting in an additional district until the permittee receives from the Department written confirmation of receipt and verification of the signed district approval form.

(ii) A pilot or gunner permittee must produce a permit upon the request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.

(iii) No person shall conduct aerial hunting over private property unless the pilot permittee has physical possession of written permission of the owner or person in charge of the property.

(iv) A pilot permittee must produce written permission from the owner or person in charge of private property upon request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.

(v) Prior to conducting aerial hunting over federal lands, pilot permittees shall notify the appropriate federal land management agency of the area to be flown over.

(vi) State aerial hunting permits do not supersede or authorize the violation of any applicable trespass laws or regulations.

(vii) Unless revoked, permits are valid for up to one year and must be renewed on or before April 1 of each year by following the requirements in Section 3(a).

(viii) The pilot permittee must complete and submit by the fifth day of each month a monthly report to the Department on the Department's form unless the pilot permittee did not conduct aerial hunting during the previous month.

History

Effective 2022-12-14

Wyo. Code R. 010.0005.14.12142022 § 4 Denial of Permits

(a) The Department may deny a permit application if:

(i) The applicant has forged a signature on a district approval form;

(ii) The applicant failed to submit the required fee;

(iii) The applicant failed to submit a correct and complete application or district approval form;

(iv) The applicant has been convicted of violating any state game and fish law, any other law involving trespass while engaged in aerial hunting, or the Airborne Hunting Act, 16 U.S.C. § 742j-1; or

(v) The applicant has violated these regulations.

(b) An applicant denied a permit under Section 4(a)(i), (iv), or (v) will be ineligible for a permit for one year from the date of denial for a first offense and for five years from the date of denial for a subsequent offense.

(c) If the Department denies a permit application, the Department shall provide the applicant with a notice that includes:

(i) The reasons for the denial and citations to the applicable provisions of these regulations;

(ii) The actions, if any, that the applicant must take to qualify for a permit;

(iii) That the applicant may request a hearing by submitting a request to the Department within 20 days of receiving the notice;

(iv) The name and address of the Department representative to whom a request for hearing may be made;

(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. § 16-3-107 through -115, and the Department's Rules of Practice and Procedure for Contested Case Hearings; and

(vi) That the permittee may appear in person or by counsel licensed to practice law in the State of Wyoming.

(d) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(e) If a hearing is requested, the Department shall schedule a time and place for the hearing.

(f) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

(g) If prior to the hearing the applicant corrects the deficiencies and all other permit requirements have been met, the Department may issue a permit and cancel the hearing.

(h) The Department shall send all notices in this section by certified mail, return receipt requested.

History

Effective 2022-12-14

Wyo. Code R. 010.0005.14.12142022 § 5 Revocation of Permits

(a) The Department may revoke all permits held by any person if:

(i) The permittee has forged a signature on a district approval form or made a materially false statement on a report;

(ii) The permittee failed to submit a complete report in accordance with Section 3(d)(viii);

(iii) The permittee has been convicted of violating any state game and fish law, any other law involving trespass while engaged in aerial hunting, or the Airborne Hunting Act, 16 U.S.C. § 742j-1; or

(iv) The permittee has violated these regulations.

(b) A permittee who has a permit revoked pursuant to Section 5(a)(i), (iii), or (iv) will be ineligible for a permit for one year from the date of revocation for a first offense and for five years from the date of revocation for a subsequent offense.

(c) If the Department decides to revoke a permit, the Department will provide the permittee with a revocation notice, which must state:

(i) That the permit shall be revoked 20 days after mailing of the revocation notice unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of these regulations;

(iii) That the permittee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made;

(vi) That the permittee may appear in person or by counsel licensed to practice law in the State of Wyoming.

(d) The Department shall send all notices in this section by certified mail, return receipt requested.

History

Effective 2022-12-14

Wyo. Code R. 010.0005.14.12142022 § 6 Hearings and Appeals

(a) All hearings provided for in these regulations shall be conducted in accordance with the Wyoming Administrative Procedure Act and the Department's Rules of Practice and Procedure for Contested Case Hearings.

(b) Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.

History

Effective 2022-12-14

Chapter 16 Nursery Stock

Wyo. Code R. 010.0005.16.08182003 Nursery Stock

CHAPTER 16

NURSERY STOCK REGULATIONS

Section 1. Authority.

(a.) These rules are promulgated as required by W.S. 11-9-107 and W.S. 16-3- 101 through 16-3-115.

Section 2. Inspection Certificate Required.

(a.) For the purpose of interpreting W.S. 11-9-104, whereas shipping inspection certificates are required as a prerequisite to receiving nursery stock from a nursery stock supplier, the shipping certificate shall be construed to include a statement to the effect that any shipments of sod originated from a noxious weed-free field in addition to the information required by W.S. 11-9-102 relative to non-residents.

Section 3. Exemptions to W.S. 11-9-102.

(a.) In construing W.S. 11-9-102 pertaining to licenses, any person who grows and who occasionally sells or exchanges house plants such as African violets directly to hobbyists, and who is not engaged in the business of selling or offering for sale such plants as a regular or continuous part of his normal business, shall be exempt from the licensing provisions of this section.

Section 4. Resident Nursery Stock Dealers License.

(a.) All resident nursery stock dealers must purchase a resident nursery stock dealers license for the forthcoming year by February 1.

History

Effective 2003-08-18

Chapter 17 Regulations for handling, buying, selling and storing grain

Wyo. Code R. 010.0005.17.12062011 Regulations for handling, buying, selling and storing grain

Chapter 17

REGULATIONS FOR HANDLING, BUYING, SELLING AND STORING GRAIN

Section 1. Authority. Pursuant to the authority vested in the Department of Agriculture by W.S. 11-11-101 through 11-11-121 - ( Buying, Selling and Storing of Grain) and W.S. 16-3-101 through 16-3-115) (Wyoming Administrative Procedure Act), the following regulations are hereby promulgated and adopted.

Section 2. Statement of Purpose. The purpose of these regulations is to establish standards for the construction and operation of warehouses; and procedures for Department inspections and audits of warehouses and warehousemen.

Section 3. Definitions.

(a) "Cash sale" means payment to the producer by the warehouse contemporaneously with the transfer of grain to the warehouse.

(b) "Credit-sale contract" means an agreement in writing whereby the producer transfers a specific quantity of grain to a warehouse or broker with a price or payment to the producer by the warehouse or broker to be made at a later date or on the occurrence of a specific event expressed in the agreement.

(d) "License" means an official document issued by the Department to an applicant who has paid all applicable fees and meets all requirements to entitle the holder to legally operate as a warehouse or warehouseman in the State of Wyoming.

(e) "Open storage" means the deposit of grain by the producer for a period of time with the subsequent disposition of the same or like, kind and grade of grain or a fungible substitute.

(f) "Grain processing establishments" means any facility that cleans, processes, reconditions or renders other similar services.

(g) Terms defined in W.S. 11-11-101 shall have the same meaning when used in these regulations.

Section 4. Licensing.

(a) Information required for licensing. Applicants for a grain warehouse license shall provide the Department with all information as described within the grain warehouse licensing forms.

(b) Trucking companies. Trucking companies that handle grain for commercial storage or solicit grain for commerce are warehouses and shall be licensed as such in accordance with W.S. 11-11-101 through 11-11-121.

(c) Grain Processing establishments. Grain processing establishments holding grower owned grain or seed in storage for future sale shall be licensed in accordance with W.S. 11-11-103. Grain processing establishments that take in grain without storage agreements, and which hold the grain for less than four (4) business days, are exempt from warehouse licensing.

(d) Posting of license. Upon receipt, the warehouse or warehouseman shall post the license, renewal, extension or modification in a conspicuous place in each place of business and in any other places the Department may determine.

(e) Return of suspended or terminated license. Any license issued to a warehouse or warehouseman which has lapsed or been suspended, revoked or canceled by the Department shall immediately be returned to the Department. The license shall be returned to the warehouse or warehouseman to whom it was originally issued at the expiration of any period of suspension and shall be posted as required by Section 4 Subsection (d) of these regulations.

(f) Suspension due to neglect. If inspection or other information indicates that the commodities in storage are deteriorating due to neglect of the warehouse or warehouseman the Department may issue a temporary cease and desist order in accordance with W.S. 11-11-120.

(g) Loss of license. Upon receipt of satisfactory proof of the loss or destruction of a license issued to a warehouse or warehouseman, the Department may issue a duplicate license using the same number.

Section 5. Warehouse Receipts.

(a) Negotiable warehouse receipts. Every warehouse or warehouseman shall issue a negotiable warehouse receipt when requested by the depositor.

(i) All negotiable warehouse receipts issued for stored grain shall be obtained from the Department of Agriculture.

(ii) Negotiable warehouse receipts shall be furnished by the Department to the warehouse at cost. Orders for receipts shall be submitted at least thirty (30) days prior to the time they are needed. The amount required shall be submitted with the order.

(b) Lost Negotiable warehouse receipt. In order to issue a warehouse receipt replacing one that has been lost or destroyed or to cancel an outstanding warehouse receipt that has been lost or destroyed, the licensed warehouse or warehouseman shall require the following from the depositor or other applicant:

(i) An affidavit stating that the depositor is lawfully entitled to the possession of the original receipt, that he has not negotiated or assigned it and an explanation of how the original receipt was lost or destroyed; and

(ii) A bond of double the market value of the grain represented by the lost or destroyed receipt. The market value shall be determined at the time the bond is submitted. This bond shall remain in place until the replacement receipt is returned to the issuing warehouse. Warehouse receipts issued in lieu of lost or destroyed receipts shall duplicate the original and bear a statement that it is issued in lieu of the lost or destroyed receipt. A replacement warehouse receipt shall clearly state that it is a replacement receipt, the number of the original receipt and the license number of the warehouse or warehouseman which issued the original receipt.

(c) Scale Tickets. Every warehouse or warehouseman shall issue a pre- numbered scale ticket for each load of grain deposited into their facility.

(i) Every scale ticket shall include the following information:

Producer of the grain

Type, class and grade of the grain delivered

Date the grain was delivered

Gross weight of the grain load

Net weight of the grain load

Tare weight of the grain load

Total amount of the grain load in bushels, hundred weight or pounds

Any other factor on which the load may be discounted or given a premium, including but not limited to bushel weight, protein, moisture, etc.

(d) Nonnegotiable warehouse receipts. Scale tickets which contain all required information as well as the name, address, city, state and zip code of the receiving warehouse and plainly show the amount of cash or value of merchandise the warehouseman has advanced on the grain represented on the scale ticket, if any, shall be considered nonnegotiable warehouse receipts and may be considered sufficient for all purposes.

(i) All scale tickets to be used as nonnegotiable warehouse receipts shall be signed by the warehouseman or his authorized representative.

Section 6. Condition of warehouses-generally.

(a) Inspection. All warehouses shall be subject to inspection by the Department or its designated agent. The inspection reports shall be retained on file at the Department of Agriculture.

(i) Warehouse shall be of sound construction and in good repair.

(ii) Products which are flammable shall not be stored in the areas of the warehouse that are licensed for storage.

(b) Sanitation of Warehouse. All facilities and grain stored shall be kept in a sanitary condition which conforms to the food and drug laws of the State of Wyoming.

(i) Warehouse shall be provided with an adequate insect and rodent control program.

(ii) Warehouse shall be constructed to prevent access by rodents, birds, etc.

(c) Warehouse size. Warehouse shall be of adequate size for storing the grain received. The routine practice of storing depositor grain outside on the ground or in unapproved facilities is a reason for revoking a license. A warehouse needing outside storage on the ground shall petition the Department for permission. If the Department gives permission for outside storage on the ground, the bonding amount shall be equivalent to that for flat storage as per Section 10 of this chapter.

(d) Warehouse equipment. The warehouse shall be equipped with all equipment required for handling, weighing, caring for and properly storing all grain received.

(e) Licensed warehouse areas. The portion of the warehouse designated and approved for storing grain shall not be used for any other purpose which may create a safety hazard that is not incidental to grain storage and handling.

(f) Warehouse drawings. A copy of the blueprint or a scale drawing of the warehouse giving correct dimensions of bins, rooms, etc., shall be available to the Department.

Section 7. Records.

(a) Warehouse receipts. All warehouse receipts, cancelled or outstanding, shall be filed in numerical order. Cancelled warehouse receipts shall be retained for five (5) years. Original receipts shall accompany all cancelled receipts.

(b) Scale tickets. All scale tickets dealing with the movement of grain are to be filed in numerical or alphabetical order and maintained for three (3) years from date of issuance. Scale tickets, except tickets for electronic scales that are recorded and maintained electronically, shall be pre-numbered and one (1) copy of each ticket shall be maintained in numerical or alphabetical order. All scale tickets shall show the quantity delivered, the ownership, the date of delivery or receipt and the type, class and grade of the grain. Scale tickets used as nonnegotiable warehouse receipts shall be retained for five (5) years from the date of issuance.

(c) Depositor ledger or settlement sheet. Each page shall show depositor name, telephone number, mailing address, city, state and zip code. Separate pages shall be maintained for each individual account and grain. Depositor ledger or settlement sheet shall show each individual transaction, whether in or out, by date, type of grain, volume, and price of grain. The last transaction on a depositor ledger or settlement sheet shall indicate the actual position of the account. Zeros shall be used to indicate a zero balance.

(d) Financial ability. All licensed grain warehouses shall have net assets equal to at least twenty cents ($.20) a bushel for the maximum number of bushels the warehouse is licensed and bonded to accommodate. All licensed warehouses, which are bonded according to the price of dry beans, shall have net assets equal to at least forty cents ($.40) a hundredweight for the maximum number of hundredweight the warehouse is licensed and bonded to accommodate.

(i) All licensed warehouses and warehousemen shall submit their year end financial statements to the Department within 120 days of the warehouse or warehouseman's fiscal year end.

(e) Office records. All warehouses and warehousemen shall maintain complete and sufficient records to show the following:

(i) All individual grain deposits, purchases, sales contracts, storage obligations and load outs

(ii) A daily position record (DPR) showing the total quantity of each kind and class of grain received, loaded out, the amount remaining in storage and the warehouseman's total storage obligation for each kind and class of grain at the close of each business day. Each grain shall be entered on its own page in the DPR.

(iii) Receipts and scale tickets in the warehouse or warehouseman's possession which have not been issued.

(iv) Receipts and scale tickets issued, returned to and cancelled by the warehouse or warehouseman.

(v) A copy of the current insurance policy in effect for the licensed warehouse or warehouseman.

(vi) If any electronic records are maintained outside of the State of Wyoming, the Department shall be allowed to examine them at any reasonable time and place as determined by the Department, and may require any records to be made available within the State of Wyoming during normal business hours.

Section 8. Capacity Changes.

(a) Notification of change. The Department of Agriculture shall be notified of any increase or decrease in the storage capacity of a warehouse. Notice of completion of additional storage capacity shall be provided to the Department of Agriculture before usage.

(b) Additional bonding. No additional storage capacity shall be allowed to be used until the warehouse or warehouseman has provided sufficient additional bond to the Department. Capacities and bond amount shall be provided by the Department.

Section 9. Warehouse Bonds.

(a) Effective dates. All bonds shall be secured by the warehouse or warehouseman and shall remain in effect at all times the warehouse or warehouseman is licensed and until released by the Department.

(b) Acceptable forms. The following types of bonds are acceptable:

(i) A cash bond in the form of a certificate of deposit, assigned to the State of Wyoming; or

(ii) An acceptable irrevocable letter of credit issued and guaranteed by a federally insured financial institution; or

(iii) A surety bond issued by a surety company properly licensed and insured to do business in the state of Wyoming.

(i) The amount of bond for grain (except for beans and grass seed) to be furnished for each warehouse or warehouseman under the regulations in this part shall be fixed at a rate based upon the three (3) year weighted average of the highest reported Denver Cash Grain price as recorded by the USDA; Agricultural Marketing Service per bushel January 15 or the nearest open market day. The formula for upright storage is six percent (6%) of the average price per bushel times upright capacity. The formula for flat storage is twelve percent (12%) of the average price per bushel times flat capacity. All capacities shall be determined by the Department.

Example: Upright storage

Capacity 100,000 bushels

Denver, CO average Price/Bushel = $3.18

6% x $3.18= $ .1908 x 100,000 bushels = $19,080.00

Bond for next licensing period for upright storage: $19,080.00

Flat Storage

Capacity 25,000 bushels

Denver, CO average Price/Bushel = $3.18

12% x $ 3.18= $.3816 x 25,000 bushels = $9,540.00

Bond for next licensing period for flat storage: $9,540.00

Total warehouse bond for next licensing period: $28, 620.00

(ii) The amount of bond for beans to be furnished for each warehouse or warehouseman under the regulations in this part shall be fixed at a rate based upon the three (3) year weighted average of the highest reported Denver Cash Grain price as recorded by the USDA; Agricultural Marketing Service per hundredweight on January 15 or the nearest open market day. Formula is six percent (6%) of the average price per hundredweight times total warehouse capacity. All capacities shall be determined by the Department.

Example: Capacity 100,000 hundredweight

Denver, CO average price/hundredweight= $22.75

6% x $22.75 = $1.3650 x 100,000 hundredweight = $136,500.00

Total warehouse bond for next licensing period: $136,500.00

(iii) The amount of bond for grass seed to be furnished for each warehouse or warehouseman under the regulations in this part shall be fixed at a rate based upon the price per pound of each particular species or the nearest like species using the simple average of the previous calendar years redistribution prices at the Bureau of Land Management Regional Seed Warehouse in Boise, Idaho. Formula is five percent (5%) of price per pound times total warehouse capacity. All capacities shall be determined by the Department.

Example: Capacity 500,000 pounds

BLM Warehouse redistribution species price/lb on May 3, 2006=$4.57

BLM Warehouse redistribution species price/lb on July 16, 2006=$4.34

BLM Warehouse redistribution species price/lb on August 23, 2006=$3.87 Average=$4.26

5% x $4.26 = .21 x 500,000 pounds = $105,000.00

Bond for next licensing period: $105,000.00

(iv) The minimum bond for all grain warehouses shall be twenty thousand dollars ($20,000).

(iv) All warehouse bonds shall be determined by the Department no later than April 1 of each year. The three (3) year weighted average will include the current year that the bond was determined in as well as the two (2) most previous years.

(d) Determination of grain stored. The principal grain stored, to be used for computation of bond, shall be determined by the Department.

(e) Sharing of information. The Department may share inspection reports, audits and any information on a warehouse or warehouseman, with a financial institution which has issued an irrevocable letter of credit, if the warehouse or warehouseman has consented in writing to release the information.

Section 10. Inspection and Audit.

(a) Departmental rights. The Department may access all warehouses and associated facilities during normal business hours to carry out the provisions of this chapter and W.S. 11-11-101 through W.S. 11-11-121.

(i) If, through inspection and audit, the Department determines that it is necessary to issue a temporary cease and desist order pursuant to W.S. 11-11-120, the Department may take all necessary actions to protect the grains stored by the warehouse or warehouseman.

(b) Shortages. If inspection and audit determine that the warehouse or warehouseman is short in grain, the warehouse or warehouseman shall replace the shortage with like grain of the same grade within two (2) business days and shall provide proof of replacement to the Department.

(c) Inspection and audit practices. The Department shall use those practices which are commonly accepted by Association of Grain Regulatory Officials (AGRO) during the course of inspection and audit.

Section 11. Posting of tariffs.

(a) Warehouses. All licensed warehouses and warehousemen that store or handle grain shall have current tariffs posted at all times.

(b) Precedence. Contracts or other separately negotiated written agreements between the warehouse or warehouseman and the depositor shall take precedence over posted tariffs.

History

Effective 2011-12-06

Chapter 18 Weights and Measures, Metrology Laboratory and Registered Service Technicials

Wyo. Code R. 010.0005.18.08132025 Weights and Measures, Metrology Laboratory and Registered Service Technicials

Chapter 18

Weights & Measures, Metrology Laboratory and Registered Service Technicians

Section 1. Authority. Pursuant to the authority provided by Wyoming Statute § 40-10- 122(a) the Wyoming Department of Agriculture hereby promulgates and adopts the following regulations.

Section 2. Definitions.

(a) "The act" means W.S. §§ 40-10-117 through 40-10-136.

(b) "Establishment" means a place of business at a single physical location.

(d) "NIST" means the National Institute of Standards and Technology.

(e) "Premise and inspection location" means the physical location of an establishment or device that is unique by address and may be different than the address of record for management.

(f) "Point-of-sale system" means any combination of a cash register or other devices, or system, such as a scanner, capable of recovering stored information related to the price or computing the price of any individual item which is sold or offered for sale at retail.

(g) "Scale Approach" means an area adjacent to the load-receiving element on either end of the scale which provides access to the scale.

(h) "Special event" means a farmer's market; a local community event; a fair, exposition, or trade show; or other venues open to the public for specified limited periods of time.

Section 3. Incorporation by Reference.

(a) For the standards incorporated by reference in this rule the Department has determined that incorporation of the full text in these rules would be cumbersome and inefficient given the length and nature of the rules.

(b) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in the 2017 Edition of the United States Department of Commerce National Institute of Standards and Technology Handbook 44,

"Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," are adopted and hereby incorporated by reference as a part of these rules, and shall apply to weighing and measuring devices in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.

(i) The following sections of Handbook 44 are not incorporated by reference:

(A) Section 3.33 Hydrocarbon Gas Vapor-Measuring Devices

(B) Section 3.34 Cryogenic Liquid-Measuring Devices

(D) Section 4.40 Vehicle Tanks Used as Measures

(E) Section 4.41 Liquid Measures

(F) Section 4.42 Farm Milk Tanks

(G) Section 4.43 Measure-Containers

(H) Section 4.46 Berry Baskets and Boxes

(I) Section 5.50 Fabric-Measuring Devices

(J) Section 5.51 Wire- and Cordage-Measuring Devices

(K) Section 5.53 Odometers

(L) Section 5.54 Taximeters

(M) Section 5.55 Timing Devices

(N) Section 5.58 Multiple Dimension Measuring Devices

(O) Section 5.59 Electronic Livestock, Meat and Poultry Evaluation Systems and/or Devices

(ii) With regard to the exempted sections of Handbook 44, the Department may respond to evaluate the suitability of equipment upon request.

(c) The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the 2017 Edition of the United States Department of Commerce National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," is adopted and hereby incorporated by reference as a part of the rule, and shall apply to type evaluation in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.

(d) Recognized weighing, measuring, inspection, and sampling procedures, adopted by National Conference on Weights and Measures and published in the Fourth Edition 2017 of the United States Department of Commerce National Institute of Standards and Technology Handbook 133, "Checking the Net Contents of Packaged Goods," are adopted and hereby incorporated by reference as a part of this rule, and shall apply to package check weighing in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of

Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.

(e) The Department shall annually review the newest version of the above handbooks and determine if this section of the rules should be amended to adopt the current version.

Section 4. Exemptions. The following are deemed appropriate to the maintenance of good commercial practices within Wyoming and exempt from the provisions of the act and remaining section in this Chapter.

(a) Ticket printers on vehicle tank meters. Reference: National Institute of Standards Handbook - 44 Section 3.31 Vehicle Tank Meter (VTM) code (Ticket Printer required).

(i) This exemption applies to meters mounted on vehicle tanks such as those used for the measurement and delivery of petroleum products; agri-chemical liquids such as fertilizers, feeds, pesticides, and defoliants; and water delivered in bulk. This exemption is valid until January 1, 2027. All deliveries after this date must be accompanied by a printed ticket generated at the time of delivery.

(ii) This exemption DOES NOT apply to the following:

(A) Devices used for dispensing Liquefied Petroleum Gases, Liquid Anhydrous Ammonia, or other liquids which do not remain in a liquid state at atmospheric pressures and temperatures.

(B) Devices used solely for dispensing a product if the amount dispensed does not affect cost to the customer.

(D) Mass flow meters.

(iii) The delivery ticket may be printed using a mechanical ticket printer on the meter, or may be handwritten in clear hand script if the system does not have a ticket printer.

(iv) All recorded representations shall show the following minimum

information:

(A) The total volume of the delivery;

(B) The unit price;

(D) The product identity by name; and

(E) The name, address, and phone number of the distributor.

(v) The Department will address all complaints on a case by case basis, and apply appropriate sanctions which may include, but not be limited to, revoking the exemption and requiring the immediate installation of mechanical or electronic ticket printers.

(b) Scale Divisions. Livestock Scales shall have a minimum division no greater than five (5) pounds.

(i) All entry areas to livestock scales shall ensure ease of access to the scale

approach.

(ii) On a livestock scale, there shall be a straight approach as follows:

(A) Any approach adjacent to the load receiving element shall be of a width at least the width of the load-receiving element.

(B) Any approach adjacent to the load-receiving element shall be constructed of concrete or similar durable material and shall be designed to ensure any movement of the proper amount of test equipment onto and off the load-receiving element.

(d) All utilities identified in W.S. § 37-1-101, regardless of whether a utility is regulated by, or exempt from regulation by, the Wyoming Public Service Commission. Including, but not limited to, all public and municipal utilities defined in W.S. § 37-1-101.

(e) All commercial weighing and measuring equipment that has been inactive for a period of three (3) years or more must be placed into service by a qualified technician as outlined in Section 6.

Section 5. Inspection and testing of weights and measures used commercially.

(a) Weighing and measuring devices shall be inspected and tested according to a risk based schedule determined by the Director.

(b) Exception. The Department shall exercise no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device.

(i) For a weighing device to be exempt from this section, parties must agree in writing to the use of the weighing device. Appendix A to these rules shows an example of a written agreement. Copies of the signed and dated written agreements shall be retained by the seller for a minimum of 2 years.

(ii) No exception is granted to any device for transactions which are deemed to be in commerce in accordance with the United States Department of Agriculture,

Packers and Stockyards Act, 1921 (7 U.S.C. 181) and the Regulations Under the Packers and

Stockyards Act (9 CFR PART 201).

(i) Standards in possession and use by agencies of the State shall be inspected and tested biennially.

(ii) Registered service technicians shall have their standards inspected and tested biennially by the Department, and will receive certification upon payment of the laboratory fees established in these regulations.

(iii) All standards that are new, recently purchased, or have been damaged must not be used prior to inspection, testing, and approval by the Department.

(iv) Exceptions.

(A) Standards in possession and use by service technicians and that have been inspected and tested biennially by another recognized state laboratory or NIST accredited private laboratory are acceptable for use in Wyoming and exempt from this section.

(B) Standards which are self-contained, such as coal mine hopper weights, shall be inspected and tested by the Department at a minimum of once every five (5) years.

Section 6. Registered Service Technicians.

(a) Licensure of Weighing & Measuring Device Service Technicians. For the benefit of and as a convenience to the users, manufactures and distributors of weighing and measuring devices in the State of Wyoming, and those persons installing, servicing and repairing such instruments, the Department will accept applications for licensure of persons qualified to install, service and repair weighing and measuring devices.

(b) Certification of Registered Service Persons, Technicians. Certification will be valid for a term of 3 years. If the registered service person's license is allowed to expire, suspended or otherwise allowed to lapse within this 3 year period certification will be invalidated.

(i) Certification shall be based on the following:

(A) Applicants shall pass both a general written exam and a specialized exam in each area in which they will be doing service work;

(B) Applicants shall provide evidence that they have received qualified training and appropriate experience; and

(ii) Exam Requirements. Applicants shall successfully pass the general examination and the exam for each area in which they will be conducting service work with a 70% or better score.

(A) Failure to receive a passing score on any examination shall require that the applicant be re-examined only in categories which he failed. Re-examination shall be completed within ninety (90) days of the receipt of notification of the examination results.

(B) Any applicant who fails to obtain a passing score on two (2) successive examination attempts is required to attend a training program for new service technicians approved by the Director prior to taking any examination a third time.

(iii) The Department shall allow registered service technicians to become re- certified by completion of any of the following during the valid term of their certification:

(A) Attending the Department re-certification short course;

(B) Re-examination in all applicable categories;

(C) Attendance at any Department approved NIST or employer training that provides a minimum of six (6) hours of classroom instruction, seminar attendance, professional study; or

(D) Completion and documentation of any Department approved

online coursework.

(c) Upon meeting certification requirements, applicants shall submit an application for licensure and a fee payable to the Wyoming Department of Agriculture. All fees submitted shall be non-refundable and deposited into the State General Fund. Applicants who have been found qualified for certification as a registered service person / technician shall be issued a license in the appropriate categories or sub categories, provided that all other requirements for certification have been fully complied with.

(d) Fees:

(i) The fee for Registered Service Person / Technician License is $25.00.

(ii) Examination fees are $10.00 per exam attempted.

(iii) Employees of governmental entities are exempted from paying the fees, when the license is used in the performance of their official duties.

(e) Registered Service Technician licenses expire March 31 of each year and may be renewed on an annual basis. Any license not renewed by March 31 is null and void and the former holder shall meet all requirements required to obtain an original license.

(f) Any registered service person / technician who has had his license suspended shall, prior to re-instatement, be required to take all applicable examinations and achieved a passing grade before operations may be resumed, and shall be considered on probation for a period of one (1) year thereafter.

(g) The Department shall in all cases adhere to the Wyoming Administrative Procedures Act when revoking, canceling, or suspending any registered service technician license.

(h) The testing equipment used by a registered service technician shall be submitted to the Department for approval upon its request.

(i) A holder of a certificate of registration has authority as provided by W.S. § 40-10-

(j) Registered service technicians, shall use a standard Placing in Service Report approved by the Department. The registered service technician shall execute the Placing in Service Report for all devices they repair or adjust if it affects the accuracy of the device and for all devices which are newly installed (including new and used devices). The original Placing in Service Report shall be submitted to the Department within 24 hours of placing the device in service. Copies shall be left with the user of the device and the registered service technician. A device placed in service by a registered service technician shall meet all specifications, tolerances and technical requirements specified in W.S. § 40-10-120.

Section 7. Testing and Inspection Fees. Fees for testing and inspection shall be reviewed and set by the Board of Agriculture. Fees will become effective upon approval by the board.

Section 8. Laboratory Fees. Laboratory fees shall be reviewed and set by the Board of Agriculture. Fees will become effective upon approval by the Board and may be set at different levels for in-state and out-of-state customers.

Section 9. Establishment Licenses and Fees.

(a) The license fees are as follows:

(i) $40.00 for establishments with no more than five (5) devices.

(ii) $75.00 for establishments with more than (5) and less than eleven (11) devices.

(iii) $115.00 for establishments with eleven (11) or more devices.

(iv) $25.00 for a special events license.

(b) Special event license.

(i) A special events license is valid for the duration of the event. No special event license shall be granted for a period to exceed 30 days.

(ii) In lieu of individual vendors obtaining special event licenses, establishments hosting a special event may purchase a single establishment license that covers all vendors. The fee for this establishment license shall be determined as set forth in this section.

(i) State of Wyoming agencies.

(ii) Pharmacy scales required by the Wyoming State Board of Pharmacy.

(iii) A Point-of-Sale system which is entirely independent from any weighing or measuring device.

APPENDIX A

Example Written Agreement between parties

EXAMPLE WRITTEN AGREEMENT BETWEEN PARTIES

W.S. § 40-10-121(c) Provides, "[E]xcept as otherwise required by law, rule, regulation or third party agreement, the Department shall have no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device."

The parties signed hereto, agree that the weighing device used to determine the weight of

on this date has not been certified by the State of Wyoming, Department of Agriculture, or duly placed in service by a Registered Service Technician; AND the use of the weighing device by the parties is not regulated by the United States Department of Agriculture, "Packers and Stockyards Act, 1921." (7 U.S.C. 181) and the Regulations promulgated Under the Packers and Stockyards Act (9 CFR PART 201).

Seller:

Ranch or Business Name

Address

City, State, Zip

Phone, E-mail

Buyer:

Ranch or Business Name

Address

City, State, Zip

Phone, E-mail

Seller Signature Buyer Signature

Date Date

History

Effective 2025-08-13

Chapter 20 Agriculture Producer Grant Program

Wyo. Code R. 010.0005.20.05132013 Agriculture Producer Grant Program

CHAPTER 20

Wyoming Department of Agriculture

Regulations Governing the Agriculture Producer Research Grant Program Funds

Section 1. Authority. Pursuant to authority vested in the Wyoming Department of Agriculture (WDA) by W.S. §11-2-208 the following regulations are hereby promulgated and adopted.

Section 2. Purpose.

(a) To foster applied agriculture research through the WDA that focuses on practical results that can be implemented by Wyoming producers to enhance agriculture production in Wyoming.

(b) To provide for a method of application review and approval and to govern the distribution of available funds for approved projects.

Section 3. Definitions.

(a) "APRGP" means the Agriculture Producer Research Grant Program enacted by W.S. §11-2-208.

(b) "Agriculture Producer Research" means a study using practical agricultural science/methodologies which is designed to address issues affecting agricultural producers.

(c) "Audit" means an unbiased examination and evaluation of the appropriate educational institution or qualified entity data collected, records, financial accounts, and financial statements associated with the APRGP to verify their accuracy.

(d) "Budget" means an itemized summary of estimated or intended income and expenditures for a given period.

(e) "Contractor" means an institution, educational institution, organization, business or individual that possess the necessary expertise to conduct applied agriculture research projects.

(f) "Director" means the Director of the Wyoming Department of Agriculture

(g) "Educational Institution" means any institution devoted to education and/or research with the ability to provide and administer scientific research projects.

(h) "Match" means cash and/or in-kind contributions. Contributions must have value and must be applicable to the period to which the matching requirement applies and must be necessary for the project. Examples of in-kind contributions include: labor, materials, and professional services. In-kind contributions must be verifiable from the records of the applicant. These records must show how the value placed on in-kind contributions was derived. Labor services will be reported using rates consistent with those ordinarily paid by the applicant or other employers for similar work in the same labor market. Donated supplies and equipment will be valued at market value at the time of donation. Loaned equipment will be valued at the fair rental rate of the equipment at the time of donation.

(i) "Partner" means each party participating on a particular project.

(j) "Program Application" means the application form and associated documents required for inclusion in the APRGP. The form will be prescribed and document templates distributed by the WDA.

(k) "Project" means an approved individual Applied Agricultural Research Program application, plan and budget ready for implementation.

(l) "Producer" means an individual who produces an agriculture commodity. A Producer may be a project Partner.

(m) "Qualified Entity" means institution, educational institution, organization, business or individual possessing the necessary expertise to conduct applied agriculture research projects. Qualified entities may be required to submit resumes or qualifications.

(n) "Research Advisor" means an individual or entity with professional expertise in the field of interest, hired to provide detailed information and advice to producers. Research advisors may be (but not limited to) cooperative extension, educators, specialists, agricultural consultants or agricultural professionals assisting producers at the local level.

(o) "WDA" means the Wyoming Department of Agriculture.

Section 4. Applicability of Rules.

(a) These rules only apply when an application is received from the Wyoming agricultural industry or an educational institution or qualified entity for participation in the APRGP.

Section 5. Application. To qualify for inclusion in the APRGP an educational institution or qualified entity shall submit a grant application to the WDA on a form provided by the WDA.

(a) An application submitted to the WDA will only be considered for funding under the APRGP if the following criteria are addressed in the application:

(i) A justification of relevance demonstrating how the project will benefit or impact agricultural production.

(ii) A review of existing literature and research projects to ensure the project has not been completed previously and justification for the project being considered.

(iii) Contractor will be a qualified entity.

(iv) If producer(s) are active partners in the project, then a signed Partnership Agreement Form is required.

(v) A plan of outreach to disseminate the research results to the widest possible audience of affected Wyoming agricultural producers.

(b) Applications must include a budget and adequate budget justification:

(i) A budget. Standardized forms will be provided by WDA. A minimum match is not required for grant funding, however, those providing a minimum match of 20% will have preference over those that do not during the internal review process.

(ii) Written justification of all costs and expenses for grant and in-kind monies.

(iii) No administrative or overhead cost should be included in budget

c) Written agreements from all committed partners shall be included with the application. The agreement shall include information on each partner's contribution to the project and their commitment to participate if the project is approved for inclusion in the APRGP.

(d) If a Research Advisor(s) is utilized, the application must provide a resume or written description of the research advisor's qualifications to conduct APRGP projects.

(e) An application including a request for grant funding may only be submitted during the period of a Request for Funding Proposal (RFP) as determined by the WDA and will be reviewed after the close of the RFP.

(f) A preference will be given to educational institutions located within the state.

Section 6. WDA APRGP Application Review and Approval. All applications and grant requests shall be reviewed by the WDA to ensure applications meet valid APRGP project criteria. A Project Review Team will be established to score and rank each potential project. The Project Review team will provide recommendations to the Director who shall make recommendations to the Board of Agriculture. The Board of Agriculture shall have final authority for the approval of applications and grant requests.

Section 7. Project Review Team. A Project Review team will be established and consist of two (2) livestock representatives, two (2) crop representatives, one (1) research representative. WDA staff will facilitate the Project Review team and summarize Project Review Team's findings and recommendations to the Director.

Section 8. Financial / Data Records.

(a) Monitoring of Project progress may occur anytime while the educational institutions or qualified entities are under an agreement with the WDA to perform applied agricultural research, and audits may take place during the Project and up to five (5) years after Project completion.

(b) Educational institutions or qualified entities shall maintain and retain accurate records on a completed Project for five (5) years, starting from the date of the educational institution or qualified entity's final report is approved by the WDA.

Section 9. Reporting. The educational institutions or qualified entities shall submit annual progress reports and a final report to the WDA, 2219 Carey Avenue, Cheyenne, WY 82002 in accordance with the terms and conditions of the Project agreement/contract.

Section 10. Loss of Eligibility. Any participating educational institutions or qualified entities who do not comply with all provisions of these rules shall not be eligible for further project inclusion or additional grant funding until they have documented correction of all compliance deficiencies to the satisfaction of the WDA. Educational institutions or qualified entities that demonstrate correction of all deficiencies may submit an application for project inclusion and/or funding consideration.

Section 11. Authority to Determine Project Inclusion and Funding Amounts. In all cases, the WDA retains the authority to determine inclusion and allocate funding to appropriate educational institutions or qualified entities in the amount determined by the WDA to carry out the intent of W.S. § 11-2-208.

Section 12. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect the other provisions of this regulation which can be given effect without that provision; and, to this end, the provisions of this regulation are severable.

History

Effective 2013-05-13

Chapter 21 Contested Case Hearings WY Environmental Control Act

Wyo. Code R. 010.0005.21.08182003 Contested Case Hearings WY Environmental Control Act

CHAPTER 21

BOARD OF CERTIFICATION FOR WYOMING ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1973

RULES OF PRACTICE & PROCEDURE FOR CONTESTED CASE HEARINGS

Section 1. Authority.

(a.) These rules are promulgated as required by the Wyoming Environmental Pesticide Control Act of 1973 (W.S. 35-7-350 through 35-7-376), hereinafter called the Act, and the Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16-3-115) for the purpose of carrying out the intent of the Act and is applicable to all sections of the Act.

Section 2. Definitions.

(a.) Board: The Board of Certification established by W.S. 35-7-353.

(b.) Chairman: The Director of the Department of Agriculture.

(c.) Director: Duly appointed Director of the Department of Agriculture.

(d.) Proponent: The Board, or any other person or party who initiates or requests any action or decision, and may include complainant where applicable.

(e.) Contestant: Any person who will be aggrieved or adversely affected by a proposed action of the Board and who requests a hearing before the Board, and may include the opponent or defendant where applicable.

(f.) Party: Each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(g) Person: Any individual, partnership, association or organized group of persons whether incorporated or not.

(h.) Rules of Civil Procedure: Those Wyoming Rules of Civil Procedure in effect at the time of the hearing.

(i.) Hearing Officer: Designated Hearing Officer who shall preside over the hearing.

Section 3. Notice of Proposed Action by the Board.

(a.) The Board may initiate any action which may result in a contested case in accordance with the Wyoming Administrative Procedure Act by:

(i.) Giving written notice of proposed action either served personally or by certified mail, return receipt requested, to the person or persons who will be aggrieved or adversely affected thereby, or

(ii.) Causing the publication in proper form, of a copy of the notices,

(1.) Said publication to be made in three newspapers of general circulation in the state.

(2.) Said publication to appear at least once a week for three consecutive weeks prior to the commencement of the action, the last publication to appear at least five days prior to the action.

(b.) A notice of proposed action by the Board shall include a statement of:

(i.) The nature of the proposed action.

(ii.) The particular rules, regulations, bylaws, and/or statutes which are involved.

(ii.) A short, plain statement of the matters asserted.

(iv.) The fact that a hearing may be requested within twenty days after the date of the mailing of the notice; and that if a hearing is not requested, the proposed action shall automatically take effect at the expiration of the twenty day period.

(c.) If a person makes a request for a hearing pursuant to this section, the request shall contain the information required by Section 4b.

(d.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice by certified mail, return receipt requested, of the time, place and nature of the hearing as well as the legal authority under which the hearing is being held.

Section 4. Hearing Before the Board.

(a.) Any person aggrieved or adversely affected in fact by the Board's action or decision, or who will be aggrieved or adversely affected in fact by the recommendation, may within twenty days after the date of the mailing of the notice of the action or decision or recommendation, request a hearing before the Board.

(b.) The request for hearing shall be directed to and served upon the Hearing Officer of the Board or the Director of the Department of Agriculture and shall show:

(i.) A request for hearing before the Board.

(ii.) The decision, or recommendation upon which a hearing is requested.

(iii.) A statement in ordinary, but concise, language of the reason for requesting a hearing.

(iv.) The address of the person making the request and the name and address of his attorney, if any.

(c.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice of:

(i.) The time, place and nature of the hearing.

(ii.) The legal authority under which the hearing is to be held.

(iii.) The particular rules, bylaws and/or statutes involved.

(iv.) A short and plain statement of the matters asserted.

(v.) The written notice shall be served by mail addressed to the person making the request or his attorney.

(d.) The hearing shall be conducted as a contested case hearing.

Section 5. Order of Procedure at Hearings.

(a.) As nearly as may be, hearings shall be conducted in accordance with the following order of procedure.

(b.) The Hearing Officer shall announce that the Board is open to transact business and call by docket number and title the case to be heard.

(c.) The proponent will be allowed an opening statement to briefly explain its position to the Board and outline the evidence it proposes to offer, together with the purpose thereof.

(d.) The contestant will be allowed an opening statement.

(e.) Any additional parties will be allowed an opening statement.

(f.) The proponent's evidence will be heard. Witnesses may be cross-examined by the contestant or his attorney, by members of the Board and the Hearing Officer. The proponent's offered exhibits will be marked by letters of the alphabet, beginning with "A".

(g.) The evidence of the contestant will be heard and exhibits of such will be marked with numbers, beginning with the number "1". The proponent or his attorney, each member of the Board, and the attorney for the Hearing Officer, shall have the right to cross-examine all witnesses presented on behalf of the contestant.

(h.) Other parties may offer evidence.

(i.) The Hearing Officer may, in his discretion, allow evidence to be offered out of order, as herein prescribed.

(j.) Closing statements will be made in the following sequence:

(i.) Proponent

(ii.) Contestant

(iii.) Proponent's rebuttal if the Hearing Officer feels it is necessary.

(k.) The time for oral argument may be limited by the Hearing Officer.

(l.) The Hearing Officer may recess the hearing as required.

(m.) After all interested parties have been offered an opportunity to be heard, the Hearing Officer shall declare the evidence closed and excuse all witnesses.

(n.) The Hearing Officer may, at his discretion or the Board's request, allow or require parties to tender written briefs, and the time for filing such briefs shall be set by the Hearing Officer.

(o.) The Board may, at its discretion, appoint a designated Hearing Officer, who will the preside as Hearing Officer during the course of such hearing; such designated Hearing Officer shall be an attorney licensed to practice law in the State of Wyoming.

(p.) The designated Hearing Officer shall, for purposes of that hearing, have all powers provided in W.S. 16-3-112(b).

(q.) The Hearing Officer may declare that the matter is taken under advisement and that the decision and order of the Board will be announced at a later date.

Section 6. Applicable Rules of Civil Procedure.

(a.) The Wyoming Rules of Civil Procedure shall apply in all hearings before the Board.

Section 7. Attorneys.

(a.) The filing of a pleading or other appearance by an attorney constitutes his appearance for the party for whom made. The Board must be notified in writing of his withdrawal from any matter. Any person appearing before the Board at a hearing in representative capacity shall be precluded from examining or cross-examining any witness, unless such person shall be an attorney licensed to practice law in the State of Wyoming, or a non-resident attorney associated with a Wyoming attorney.

Section 8. Intervention.

(a.) Any person interested in obtaining relief sought by a proponent or otherwise interested in the determination of a proceeding pending before the Board, may petition for leave to intervene in such proceeding prior to or at the time it is called for hearing, but not thereafter except for good cause shown. The petition shall set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and if affirmative relief is sought, the same should conform to the requirements for a formal complaint. Leave will not be granted except on allegations reasonable pertinent to the issue already presented and which do not unduly broaden them. If leave is granted, the petitioner becomes an intervener and a party to the proceeding with the right to have notice of, and appear at the taking of testimony, to produce and cross-examine witnesses, and to be heard on the argument of the case.

Section 9. Transcripts.

(a.) Oral proceedings or any part thereof shall be transcribed on request of any party upon payment of the cost thereof. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the time of the hearing with the Board, which transcripts shall be verified by the oath of the reporter or transcribed as true and correct transcripts of the testimony and other evidence in the hearing. The cost of making the transcript shall be paid by the party prosecuting such appeal. The complete record on appeal, including the transcript of testimony, shall be verified by the clerk.

Section 10. Decision and Order.

(a.) The Board shall make a written decision and order in all cases, which decisions shall contain findings of fact and conclusions of law based exclusively on the evidence admitted at the hearing and matters officially noticed. The decision and order of the Board shall be placed in the record of the case which shall be retained by the board.

Section 11. Record.

(a.) The record in all cases shall include

(i.) All formal and informal notices

(ii.) Evidence received or considered including matters officially noticed

(iii.) Questions and offers of proof, objections and rulings thereon.

(iv.) Any proposed findings and objections thereto.

(v.) The decision and order of the Board.

Section 12. Members of the Board Present.

(a.) No member of the Board shall vote upon a decision of the Board unless he shall have been present at the hearing or has read the transcript of the proceedings. A decision by a majority of the members of the Board voting shall be the decision of the Board.

Section 13. Appeals.

(a.) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of Appellate Procedure.

Section 14. Transcript in Case of Appeal.

(a.) In case of an appeal to the District Court as above provided, the party appealing shall secure and file with the Court a transcript of the testimony and all other evidence offered at the hearing, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The compensation of the reporter for making the transcript of the testimony and all other costs involved in such appeal shall be borne by the party prosecuting such appeal.

History

Effective 2003-08-18

Chapter 22 Contested Case Hearings WY Weed & Pest Control Act

Wyo. Code R. 010.0005.22.08182003 Contested Case Hearings WY Weed & Pest Control Act

CHAPTER 22

BOARD OF CERTIFICATION WYOMING WEED AND PEST CONTROL LAW RULES OF PRACTICE & PROCEDURE FOR CONTESTED CASE HEARINGS

Section 1. Authority.

(a.) These rules are promulgated as required by the Wyoming Weed and Pest Control Law of 1957 (W.S. 11-5-101 through W.S. 11-5-303), hereinafter called the Act, and the Wyoming Administrative Procedures Act (W.S. 16-3-101 through W.S. 16-3-115) for the purpose of carrying out the intent of the Act and is applicable to all section of the Act.

Section 2. Definitions.

(a.) Board: The Board of Certification established by W. S. 11-5-106.

(b.) Proponent: The Board, or any other person or party who initiates or requests any action or decision, and may include complainant where applicable.

(c.) Contestant: Any person who will be aggrieved or adversely affected by a proposed action of the Board and who requests a hearing before the Board, and may include the opponent or defendant where applicable.

(d.) Party: Each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(e.) Person: Any individual, partnership, association or organized group of persons whether incorporated or not.

(f.) Rules of Civil Procedure: Those Wyoming Rules of Civil Procedure in effect at the time of the hearing.

(g.) Hearing Officer: Designated hearing officer who shall preside over the hearing.

Section 3. Notice of Proposed Action by the Board.

(a.) The Board may initiate any action which may result in a contested case in accordance with the Wyoming Administrative Procedure Act by:

(i.) Giving written notice of proposed action either served personally or by certified mail, return receipt requested, to the person or persons who will be aggrieved or adversely affected thereby, or

(ii.) Causing the publication in proper form, of a copy of the notices,

(1.) Said publication to be made in three newspapers of general circulation in the state.

(2.) Said publication to appear at least once a week for three consecutive weeks prior to the commencement of the action, the last publication to appear at least five days prior to the action.

(b.) A notice of proposed action by the Board shall include a statement of:

(i.) The nature of the proposed action.

(ii.) The particular rules, regulations, bylaws, and/or statutes which are involved.

(iii.) A short, plain statement of the matters asserted.

(c.) If a person makes a request for a hearing pursuant to this section, the request contain the information required by Section 4b.

(d.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice by certified mail, return receipt requested of the time, place and nature of the hearing as well as the legal authority under which the hearing is being held.

Section 4. Hearing Before the Board.

(a.) Any person aggrieved or adversely affected in fact by the Board"s action or decision, or who will be aggrieved or adversely affected in fact by the recommendation, may within twenty days after the date of the mailing of the notice of the action or decision or recommendation, request a hearing before the Board.

(b.) The request for hearing shall be directed to and served upon the Hearing Officer of the Board or the Director of the Department of Agriculture and shall show:

(i.) A request for hearing before the Board.

(ii.) The decision, or recommendation upon which a hearing is requested.

(iii.) A statement in ordinary, but concise, language of the reason for requesting a hearing.

(iv.) The address of the person making the request and the name and address of his attorney, if any.

(c.) Upon receipt of a request for hearing, the Board shall give the person making the request written notice of:

(i.) The time, place and nature of the hearing.

(ii.) The legal authority under which the hearing is to be held.

(iii.) The particular rules, bylaws and/or statutes involved.

(iv.) A short and plain statement of the matters asserted.

(v.) The written notice shall be served by mail addressed to the person making the request or his attorney.

(d.) The hearing shall be conducted as a contested case hearing.

Section 5. Order of Procedure at Hearings.

(a.) As nearly as may be, hearings shall be conducted in accordance with the following order of procedure.

(b.) The Hearing Officer shall announce that the Board is open to transact business and call by docket number and title the case to be heard.

(c.) The proponent will be allowed an opening statement to briefly explain its position to the Board and outline the evidence it proposes to offer, together with the purpose thereof.

(d.) The contestant will be allowed an opening statement.

(e.) Any additional parties will be allowed an opening statement.

(g.) The evidence of the contestant will be heard and exhibits of such will be marked with numbers, beginning with the number "1". The proponent or his attorney, each member of the Board, and the Hearing Officer, shall have the right to cross-examine all witnesses presented on behalf of the contestant.

(h.) Other parties may offer evidence.

(i.) The Hearing Officer may, in his discretion, allow evidence to be offered out of order, as herein prescribed.

(j.) Closing statements will be made in the following sequence:

(i.) Proponent

(ii.) Contestant

(iii.) Proponent's rebuttal if the Hearing Officer feels it is necessary.

(k.) The time for oral argument may be limited by the Hearing Officer.

(l.) The Hearing Officer may recess the hearing as required.

(m.) After all interested parties have been offered an opportunity to be heard, the Hearing Officer shall declare the evidence closed and excuse all witnesses.

(n.) The Hearing Officer may, at his discretion or the Board's request, allow or require parties to tender written briefs, and the time for filing such briefs shall be set by the Hearing Officer.

(o.) The Board may, at its discretion, appoint a designated Hearing Officer, who will the preside as hearing officer during the course of such hearing; such designated Hearing Officer shall be an attorney licensed to practice law in the State of Wyoming.

(p.) The designated Hearing Officer shall, for purposes of that hearing, have all powers provided in W.S. 16-3-112(b).

(q.) The Hearing Officer may declare that the matter is taken under advisement and that the decision and order of the Board will be announced at a later date.

Section 6. Applicable Rules of Civil Procedure.

(a.) The Wyoming Rules of Civil Procedure shall apply in all hearings before the Board.

Section 7. Attorneys.

Section 8. Intervention.

(a.) Any person interested in obtaining relief sought by a proponent or otherwise interested in the determination of a proceeding pending before the Board, may petition for leave to intervene in such proceeding prior to or at the time it is called for hearing, but not thereafter except for good cause shown. The petition shall set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and if affirmative relief is sought, the same should conform to the requirements for a formal complaint. Leave will not be granted except on allegations reasonable pertinent to the issue already presented and which do not unduly broaden them. If leave is granted, the petitioner becomes an intervener and a party to the proceeding with the right to have notice of, and appear at the taking of testimony, to produce and cross- examine witnesses, and to be heard on the argument of the case.

Section 9. Transcripts.

Section 10. Decision and Order.

Section 11. Record.

(a.) The record in all cases shall include:

(i.) All formal and informal notices.

(ii.) Evidence received or considered including matters officially noticed.

(iii) Questions and offers of proof, objections and rulings thereon.

(iv.) Any proposed findings and objections thereto.

(v.) The decision and order of the Board.

Section 12. Members of the Board Present.

Section 13. Appeals.

(a.) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedures Act and the Wyoming Rules of Appellate Procedure.

Section 14. Transcript in Case of Appeal.

History

Effective 2003-08-18

Chapter 23 Wyoming Department of Agriculture Rules of Practice and Procedure for Contested Case Hearings

Wyo. Code R. 010.0005.23.09062016 Wyoming Department of Agriculture Rules of Practice and Procedure for Contested Case Hearings

CHAPTER 23

WYOMING DEPARTMENT OF AGRICULTURE RULES OF PRACTICE & PROCEDURE FOR CONTESTED CASE HEARINGS

Section 1. Authority. Pursuant to Wyo. Stat. Ann. § 16-3-102(a)(i), the following rules are hereby promulgated.

Section 2. Incorporation by Reference.

(a) The Wyoming Department of Agriculture determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(b) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the effective date identified in subsection (d) of this section;

(c) The incorporated rules are maintained at 2219 Carey Ave., Cheyenne, WY 82002, and are available for public inspection and copying at cost at the same location.

(d) The following rules are incorporated by reference: Chapter 2 - Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

Section 3. Final Decision. At the request of the Director, the hearing officer shall make a recommended decision to the Director of the Wyoming Department of Agriculture. The Director of the Wyoming Department of Agriculture shall issue the final decision.

History

Effective 2016-09-06

Chapter 28 Pesticide Applicator Certification

Wyo. Code R. 010.0005.28.01082025 § 1 Authority

These regulations are promulgated pursuant to Wyoming Statutes 35-7-355 and 35-7-364, and are effective May 1, 2025.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 2 Definitions

Any applicable term defined in W.S. 35-7-354 has the same meaning throughout these regulations unless defined in this section. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose. The following terms have the meaning stated below:

(a) "Act" means the Wyoming Environmental Pesticide Control Act of 1973, W.S. 35-7-350 through W.S. 35-7-376.

(b) "Applicator" means any individual certified in one of the following license classifications:

(i) "Commercial applicator" as defined by W.S. 35-7-354(a)(ii). Commercial Applicator also means a certified applicator who uses, supervises the use, or recommends the use of any pesticide during any commercial application as defined by paragraph (d) of this section.

(ii) "Private applicator" as defined by W.S. 35-7-354(a)(iii).

(iii) "Apprentice commercial applicator" means any person who performs a commercial application of any pesticide under the direct supervision of a commercial applicator.

(iv) "Apprentice private applicator" means any person who uses any restricted use pesticide under the direct supervision of a private applicator.

(c) "Calibration" means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern.

(d) "Commercial application" means the application of any pesticide (excluding sanitizers and disinfectants) done for another for compensation through contract or hire including:

(i) Applications of any pesticide, in, on, or around the following:

(A) Food handling establishments;

(B) Human dwellings;

(D) Parks;

(E) Institutions such as schools and hospitals; and

(F) Industrial establishments or sites, including warehouses and grain elevators, structures, and adjacent areas whether public or private.

(ii) Applications for the protection of stored, processed, or manufactured products.

(iii) Applications done by any local, state, or federal government employee on government owned property or rights-of-way.

(e) "Compatibility" means that property of a pesticide that permits its use with other chemicals without causing undesirable results.

(f) "Department" means the Wyoming Department of Agriculture.

(g) "Environment" means water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these.

(h) "EPA" means the United States Environmental Protection Agency.

(i) "Immediate family" means familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. "First cousin" means the child of a parent's sibling, i.e., the child of an aunt or uncle.

(j) "Labeling" means all labels and all other written, printed, or graphic matter:

(i) Accompanying the pesticide or device at any time; or

(ii) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(k) "Nontarget organism" means any plant, animal, or other organism other than the target pests that a pesticide is intended to affect.

(l) "Ornamental" means trees, shrubs, flowers, and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial, and institutional buildings.

(m) "Persistence" means that period of time a pesticide and its biologically active metabolites remain in the environment.

(n) "Person" has the same meaning as W.S. 11-1-101(a)(v).

(o) "Personal protective equipment" means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

(p) "Private application" means the application of any restricted use pesticide on property owned by the applicator or the applicator's employer or under the applicator's control for which the applicator does not receive compensation other than the trading of personal services.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 3 Certification and Licensing Requirements for Commercial Applicators

(a) Prior to making a commercial application, a person must become certified in the appropriate category and obtain a commercial applicator license. In unique situations, the Board of Certification may grant an exemption from the licensing requirement or a category certification in writing if:

(i) The Department receives a written request for exemption that specifically identifies the license or category or both that the requester wants to be exempt from and the reasons supporting the request; and

(ii) The Board of Certification determines, in its sole discretion, that the requester is highly unlikely to cause a health hazard or nuisance if granted an exemption.

The Board of Certification will not grant an exemption to a person who will or plans to apply restricted use pesticides. An exemption expires on the date specified in the exemption, which shall be from one to three years from the date the Board of Certification grants it. If an exemption is granted, the Department shall retain the records for the exemption in accordance with its record retention schedule. The Department may revoke the exemption if the person violates these rules or federal or state pesticide laws or if the Board of Certification determines that continuing the exemption is likely to cause a health hazard or nuisance.

(b) An individual must be at least 18 years old to be considered for certification as a commercial applicator. All individuals seeking initial certification or recertification must present a valid government issued photo identification or another similarly reliable form of identification approved by the Department.

(c) Individuals seeking initial certification must submit an application for a license and the $25.00 fee payable to the Wyoming Department of Agriculture following successful completion of the required examination. All fees submitted are non-refundable.

(d) Individuals applying for examination or re-examination must take the examination at a location specified by the Department. Individuals seeking examination or re-examination may be tested at the Cheyenne office of the Department during regular office hours at any time convenient to both the individual and the Department. Individuals may also be tested at other locations convenient to the individual and the Department or the proctor designated by the Department.

(e) In order to be eligible for a commercial applicator license, an individual seeking examination or re-examination must obtain a minimum passing score of 70% on the core/general examination and a minimum passing score of 70% in at least one specific category or subcategory. If an individual fails to obtain the minimum passing score on the core/general examination and at least one category or subcategory within 90 days of the initial examination attempt, the individual must restart the examination process by retaking the core/general examination. Applicators with an active license can add categories and subcategories at any time and at no cost to the applicator by obtaining the minimum passing score of 70% on the examination for the pertinent category or subcategory. Adding categories or subcategories during the valid term of an active license does not change the expiration date of that license.

(f) Any individual who fails to obtain a passing score on two successive examination attempts must submit a proof of education form, prescribed by the Department, indicating completion of an education course of the individual's choice, prior to taking the examination a third time. Any individual who fails to obtain a passing score on the third examination attempt must attend an education course approved by the Department or wait 45 days before attempting to take the examination again. An individual may take the examination two more times (the fourth and fifth attempt). If the individual fails to obtain a passing score after the fifth attempt, the individual must attend an education course for new applicators provided by the University of Wyoming Pesticide Safety Education Program before being allowed to take the examination again or wait one year before being allowed to take the examination again. After satisfying one of these conditions, the individual may take the examination one time (the sixth attempt). If an individual fails to obtain a passing score on the sixth attempt, the individual must obtain approval from the Board of Certification for any subsequent attempts. The Board of Certification has complete discretion in granting this approval.

(g) The Department will issue a license, including any applicable categories or subcategories, to applicants who have passed the applicable examinations if all other requirements for certification have been satisfied. The license for commercial applicators expires on January 31 of the third year after the issuing year.

(h) Commercial applicators can become recertified by one of the following methods:

(i) Accumulate 24 hours of Department approved continuing education courses during the term of the applicator's certification.

(A) The Department will verify that the quantity, content, and quality of a continuing education course to maintain applicator certification will be sufficient to ensure the applicator continues to demonstrate the level of competency required in Section 5.

(ii) Retake the examination and obtain a 70% or better score in all applicable categories.

(iii) When the applicator cannot use one of these methods due to extenuating circumstances, the Department may consider granting recertification to the applicator by other means, including by completion of a Department approved annual recertification course, such as the recertification course offered by the University of Wyoming.

(i) To become recertified for Category 911F (piscicide category), the applicator must retake the examination for that category and obtain a 70% or better score.

(j) Applicants meeting recertification requirements must submit an application for licensing and the $25.00 fee payable to the Wyoming Department of Agriculture. All fees submitted are non-refundable. If an applicant fails to meet the recertification requirements in these regulations prior to the expiration date of the applicant's license, the applicant must meet all requirements for initial certification.

(k) It is the responsibility of the applicator to maintain records of completed recertification education courses and provide the Department with these records upon seeking renewal of the applicator's license. The Department will compare the records submitted with the rosters of attendees from the education course sponsor to verify completion of the education course.

(l) It is the responsibility of the applicator to secure recertification education prior to the expiration date of the applicator's license. If the applicator fails to do so, the applicator must meet all of the requirements of initial certification.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 4 Minimum Standards for Certification of Commercial Applicators

(a) Determination of Competence. Competence in the use and handling of pesticides will be determined by examination. Examinations will include the general standards in Appendix A along with the additional standards specifically identified for each category or subcategory in Section 5 that the applicant applies for.

(b) Refer to Appendix A for a listing of general standards of competence for commercial pesticide applicators.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 5 Certification Categories and Minimum Standards of Competence for Commercial Applicators

(a) Category - 901 Agricultural Pest Control

(i) A - Weed Control.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for weed control in production of agriculture commodities as well as on grasslands and non-crop agricultural lands.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

(ii) B - Insect Control.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for insect control in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, such as injury to pollinators, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

(iii) C - Disease Control.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for disease control in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

(iv) D - Livestock Pest Control.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide on animals and to places on or in which animals are confined. Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large scale use of pesticides are included in this subcategory.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of such animals and their associated pests. The required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with factors such as formulation, application techniques, age of animals, stress, and extent of treatment.

(v) E - Rodent Control.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticides to control rodents in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of detrimental rodents that are found in agricultural situations; the potential impact on the environment of pesticides used in rodent control programs; and knowledge of the factors influencing introduction, spread, and population dynamics of relevant pests. Applicators must demonstrate knowledge of target species and their damage patterns.

(vi) F - Chemigation.

(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide through an irrigation system. Certification in this subcategory requires concurrent certification in the applicable subcategories outlined in subsection (a)(i)-(v) of this section.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of anti-backflow/check valves to prevent contamination of water supplies. They must demonstrate knowledge of the labeling requirements of products registered for chemigation, including posting requirements. Further, they must demonstrate knowledge of appropriate use of personal protective equipment associated with this type of application.

(b) Category - 902 Forest Pest Control.

(i) Definition: This category includes commercial applicators using or supervising the use of any pesticide in forests, forest nurseries, or forest seed producing areas.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of types of forests, forest nurseries, and seed production within the jurisdiction of the certifying authority and the pests involved. The required knowledge includes the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and their vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method and proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

(i) A - Weed Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control weeds in the maintenance and production of ornamental plantings, including turf.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.

(ii) B - Insect Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control insects in the maintenance and production of ornamental planting, including turf.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures, such as exposure to pollinators. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.

(iii) C - Disease Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control plant disease in the maintenance and production of ornamental plantings, including turf.

(iv) E - Rodent Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticide to control rodents in the maintenance and production of ornamental plantings, including turf.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of detrimental rodents that are found in ornamental planting and turf; the potential impact on the environment of pesticides used in rodent control programs; and knowledge of the factors influencing introduction, spread, and population dynamics of relevant pests. Applicators must demonstrate knowledge of target species and their damage patterns.

(d) Category - 904 Seed Treatments.

(i) Definition: This category applies to commercial applicators using or supervising the use of any restricted use pesticide on seed.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds.

(e) Category - 905 Aquatic Pest Control.

(i) Definition: This category applies to commercial applicators using or supervising the use of any pesticide purposefully applied to water.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of the characteristics of various aquatic use situations, the potential for adverse effects on non-target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream, and the principles of limited area application.

(f) Category - 906 Right-of-Way Pest Control.

(i) Definition: This category applies to commercial applicators using or supervising the use of any pesticide in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control.

(g) Category - 907 Industrial, Institutional, and Structural Pest Control.

(i) Category - 907G Industrial, Institutional, and Structural Pest Control (General).

(A) Definition: This category applies to commercial applicators using or supervising the use of any pesticide in, on, or around food handling establishments; food processing facilities; packing houses; human dwellings; institutions such as schools and hospitals; prisons; manufacturing facilities; industrial establishments or sites, including warehouses and grain elevators; and any other structures or adjacent areas whether public or private. This category also includes commercial applicators using or supervising the use of any pesticide for the protection of stored, processed, or manufactured products.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional, and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor applications.

(ii) Category - 907H - Bird Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control pest birds.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of protected and unprotected pest birds and conditions conducive to bird problems. They must demonstrate knowledge of all applicable laws and regulations protecting birds and the actions required to control protected pest species. Applicators must demonstrate knowledge of bird control methods and the hazards involved with pesticide usage, especially secondary poisoning of non-target organisms.

(iii) Category - 907I Cooling Tower.

(A) Definition: This category applies to applicators using biocides to disinfect HVAC systems, including cooling towers and evaporative condensers.

(B) Standards of Competence: Applicators must demonstrate practical knowledge in choice of pesticide, correct calculation of the pesticide to be used for the volume of water to be treated, potential off target impact of residual pesticide, determining the pH of the water and its effect on the application, and effluent quality monitoring. Applicators must also demonstrate practical knowledge of how to ensure that discharge does not violate water quality standards.

(iv) Category - 907J - Wood Destroying Pests and Decay Organisms.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of pesticides (insecticides, termiticides, fungicides, etc.) in or around structures to control or prevent wood destroying pests, including wood boring beetles, carpenter ants, and wood decay fungi.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of a wide variety of pests, including their life cycles; types of formulations appropriate for their control; methods of application that avoid damage, contamination of food, contamination of habitation, and exposure of people and pets. Since human exposure is a potential problem, applicators must demonstrate practical knowledge of the specific factors that may lead to a hazardous condition, including continuous exposure in the various situations encountered in this subcategory. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this type of application. Applicators must demonstrate the ability to read and understand label formulations for products used in these settings to insure efficacy. These products include microbials and sanitizers.

(h) Category - 908 Health Related Pest Control.

(i) Category - 908G Health Related Pest Control (General).

(A) Definition: This category applies to applicators using or supervising the use of any pesticides in public health programs for the management and control of pests for medical reasons to protect public health.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of vector disease transmission as it relates to and influences application programs. These applicators must demonstrate practical knowledge of a variety of environments ranging from streams to buildings. They must also demonstrate practical knowledge of the importance and employment of non-chemical control methods such as sanitation, waste disposal, and drainage. This category does not include control of vertebrate pests that are disease vectors.

(ii) Category - 908K Mosquito Control.

(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticide to control mosquitoes.

(B) Standards of Competence: Applicators must demonstrate practical knowledge of appropriate life cycles and habitats of mosquito populations that form the basis of a control strategy. Applicators must demonstrate practical knowledge of a great variety of environments ranging from exterior water sources to those conditions found in or on structures that promote mosquito populations and also have knowledge of non-chemical control methods such as sanitation, waste disposal, and drainage.

(i) Category - 909 - Fumigation - Soil and Non-Soil.

(i) Definition: This category applies to commercial applicators making soil and non-soil fumigation applications.

(A) Standards of Competence: Refer to Appendix D for a listing of standards of competence for this category.

(j) Category - 910 Demonstration and Research Pest Control.

(i) Definition: This category applies to the following:

(A) Commercial applicators who demonstrate to the public the proper use and techniques for applying pesticides or supervise such demonstrations. This group includes persons such as university employees and commercial representatives demonstrating pesticide products or making crop or pest control recommendations, and individuals who demonstrate methods of use in programs for the public.

(B) Commercial applicators who conduct field research with pesticides and use or supervise the use of pesticides. This group includes state, federal, commercial, and other persons who conduct research on and use any pesticide.

(ii) Standards of Competence:

(A) Applicators demonstrating safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstrations, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of the interactions between pesticides and their targets and the importance of integrating pesticide use with other control methods. In addition, they must meet the specific standards required for categories 901-909 of this section as may be applicable to their particular activity along with the general standards under Appendix A.

(B) Persons conducting field research or method improvement work with pesticides should know the general standards under Appendix A. In addition, they must meet the specific standards required for categories 901 through 909 of this section that are applicable to their particular activity or activities.

(k) Category - 911 Specific Use Pest Control.

(l) Category - 912 Aerial Application.

(i) Definition: This category applies to persons making commercial applications from fixed or rotary wing aircraft manned by a pilot and from unmanned aerial systems. To make aerial commercial applications, a person must obtain certification in one or more of the other categories listed in this section appropriate to the type of application to be performed.

(ii) Standards of Competence: Refer to Appendix E for a listing of standards of competence for this category.

(m) Category - 913 Regulatory Pest Control.

(i) Definition: This category applies to state, federal, or other local governmental employees and contractors who use or supervise the use of restricted use pesticides in government-sponsored programs for the control of regulated pests. Certification in this category does not authorize the purchase, use, or supervision of use of sodium cyanide.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They must also demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests.

(n) Category - 914 - Sodium Cyanide Predator Control (M-44).

(i) Definition: This subcategory applies to commercial applicators who use the M-44 device.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of mammalian predator pests that is relevant to pest identification and control, including recognizing those pests and signs of their presence as well as their habitats, life cycles, biology, and behavior. Applicators must demonstrate comprehension of all laws and regulations applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling; proper placement of the capsules and device; proper use of the antidote kit; PPE requirements; notification to medical personnel before use of the device; conditions of and restrictions on when and where devices can be used; requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species; maximum density of devices; provisions for supervising and monitoring applicators; required information exchange in locations where more than one agency is authorized to place devices; and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.

(o) Category - 915 - Piscicide Applicator.

(i) Definition: This subcategory applies to commercial applicators who use piscicides to control undesirable fish populations.

(ii) Standards of Competence: Applicators must demonstrate extensive knowledge of the species of fish to be controlled; potential of target impact to desirable species; environmental factors affecting application such as temperature, streamflow, tributary locations, and streambed geology; calibration of application equipment; monitoring during application; neutralization of piscicide upon completion of application; collection of fish carcasses; safe handling of piscicides; and correct personal protective equipment for those involved in application.

(p) Category - 916 - Wood Preservatives and Wood Treatment.

(i) Definition: This subcategory applies to commercial applicators who use or supervise the use of any pesticide at treating plants or sawmills for preservative treatment of wood by pressure, dipping, soaking, or diffusion processes to produce a commodity for sale, installation, or both. This subcategory also includes the handling and topical application and injection of wood preservatives for operations such as pole treatment, waterproofing, millwork cutoffs, or supplemental field treatment.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of conditions that preservative treatment of wood prevents. Applicators must demonstrate a knowledge of all laws specific to the use of wood preservatives; the associated health and environmental hazards; and the need to inform users of treated wood products of handling, use, and disposal precautions. They must demonstrate a knowledge of applicable treating and testing equipment, structural weed destroying organisms, and conditions conducive to infestation, and must demonstrate their ability to select and calibrate equipment and use appropriate control procedures.

(q) Category - 917 - Sewer Line Root Control.

(i) Definition: This subcategory applies to commercial applicators who use or supervise the use of any pesticide for sewer line root control. This subcategory covers applications of pesticides to control or prevent growth of roots in sewer lines or pipes.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of technical aspects of sewer line root control with emphasis on the safe use and application of chemical products. Applicators must also demonstrate practical knowledge of the pesticide label and comprehension (except buffer zones), non-soil fumigant chemical characteristics, safe handling of sewer root control chemicals; root growth and biology; types of equipment and safety when handling; correct pesticide use; correct use of personal protective equipment; toxicity to humans and off target organisms; cleaning, disposal, and containment techniques; environmental and other effects of root control pesticide use; and the laws and regulations governing pesticide use.

(r) The standards in this section do not apply to:

(i) Persons conducting research involving pesticides in a laboratory; and

(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 6 Apprentice Commercial Applicators

(a) Apprentice commercial applicators must make applications in accordance with W.S. 35-7-376.

(b) When required by a pesticide's product label, a commercial applicator must be physically present on-site at all times during an application made by an apprentice commercial applicator.

(i) Complete a Department approved education course within the last 12 months;

(ii) Complete agricultural handler training under the Worker Protection Standard (40 CFR part 170) within the last 12 months; or

(iii) Hold a valid applicator license in an unrelated category.

(d) The Department will only approve education courses that incorporate the requirements outlined in Appendix B of these regulations.

(e) Apprentice commercial applicator education can only be provided by one of the following:

(i) A commercial applicator;

(ii) A Department designated trainer of applicators or handlers; or

(iii) A person who has completed the EPA approved train-the-trainer course under the Worker Protection Standard.

(f) Supervising commercial applicators must create or verify the existence of records documenting that each apprentice commercial applicator has the qualifications required in subsection (c) of this section. For each apprentice commercial applicator, the records must contain the information appropriate to the method of qualification as provided in this subsection.

(i) If the apprentice commercial applicator was educated in accordance with paragraph (c)(i) of this section, the record must contain all of the following information:

(A) The apprentice commercial applicator's printed name and signature.

(B) The date the education requirement in paragraph (c)(i) of this section was met.

(D) The title or a description of the education provided.

(ii) If the apprentice commercial applicator was trained as an agricultural handler in accordance with paragraph (c)(ii) of this section, the record must contain all of the following information:

(A) The trained handler's printed name and signature.

(B) The date of the training.

(D) The trainer's name and documentation showing that the trainer met the requirements of 40 CFR 170.501(c)(4) at the time of training.

(E) The handler employer's name.

(iii) If the apprentice commercial applicator is a certified applicator who is not licensed to perform the type of application being conducted or not licensed in the jurisdiction where the use will take place, as described in paragraph (c)(iii) of this section, the record must include all of the following information:

(A) The apprentice commercial applicator's name.

(B) The apprentice commercial applicator's license number.

(D) The certifying authority that issued the license.

(g) The supervising commercial applicator must create or verify the existence of the pertinent record described in this section before allowing the apprentice commercial applicator to use pesticides under his or her direct supervision.

(h) The supervising commercial applicator supervising any apprentice commercial applicator must have access to the records described in this section at the commercial applicator's principal place of business for two years from the date the apprentice commercial applicator used a pesticide.

(i) For the duration of the application, the supervising commercial applicator must provide the apprentice commercial applicators with, and ensure continued access to copies of the pesticide product label and Safety Data Sheet for each pesticide to be used in an application, which the apprentice commercial applicator must be able to read and understand.

(j) The supervising commercial applicator must ensure that the apprentice commercial applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose.

(k) The supervising commercial applicator must ensure that before each day of use, the equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice commercial applicator, other persons, or the environment.

(l) The supervising commercial applicator must ensure that the apprentice commercial applicator has been instructed within the last 12 months in the safe operation of any equipment that the apprentice commercial applicator will use for mixing, loading, transferring, or applying pesticides.

(m) The supervising commercial applicator must provide to each apprentice commercial applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface water, groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The supervising commercial applicator must provide these instructions in a manner the apprentice commercial applicator can understand.

(n) The supervising commercial applicator must hold the correct category of license to oversee an apprentice commercial applicator for the specific application being made.

(o) The apprentice commercial applicator must be at least 18 years old, except that an apprentice commercial applicator must be at least 16 years old if all of the following requirements are met:

(i) The apprentice commercial applicator is using the pesticide under the direct supervision of a commercial applicator.

(ii) The pesticide is not a restricted use pesticide.

(iii) The pesticide is not used in a manner that requires compliance with the Worker Protection Standard (40 CFR part 170).

(iv) The apprentice commercial applicator is not applying the pesticide aerially.

(p) Persons who wish to become an apprentice commercial applicator must submit the Department's application form for apprentice commercial applicator status to the Department prior to any commercial application of a pesticide. The applicant must provide any information that the Department deems necessary to process the application along with proof of education completed and the identification of the supervising commercial applicator.

(q) This section does not apply to:

(i) Persons conducting research involving pesticides in a laboratory; and

(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 7 Certification and Licensing Requirements for Private Applicators

(a) Any person making a private application of any restricted use pesticide must become certified in the appropriate category and obtain a private applicator license.

(b) All individuals seeking certification by examination must present a valid government issued photo identification. Individuals must be at least 18 years old to be considered for certification as a private applicator. However, the Department may grant private applicator certification to an individual who is at least 16 years old if all of the following requirements are met:

(i) The individual will use the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member.

(ii) The individual will not apply a fumigant or sodium cyanide.

(iii) The individual will not apply the restricted use pesticide aerially.

(c) Each individual must pass an examination at a time and place specified by and under the direction of the Department. Individuals must obtain a minimum passing score of 70% percent on each section or category of the examination that they wish to be certified in.

(d) An applicant for a private license must complete and submit the Department's application form and present a valid government issued photo identification to the Department.

(e) The Department will issue a license, including any applicable categories or subcategories, to applicants who have passed the examination if all other requirements for certification have been fully completed. The license will be valid for the categories stated on the applicator's license. The license for a private applicator expires on April 30 of the fifth year after the issuing year. This license is a non-fee license.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 8 Standards for Certification of Private Applicators

(a) Determination of Competence. Competence in the use and handling of pesticides will be determined by examination. Any examination must include the general standards applicable to all categories. An applicant must demonstrate competence by examination in any special standards in Section 9.

(b) Please refer to Appendix C for the list of general standards of competence for private pesticide applicators.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 9 Certification Categories and Standards of Competence for Private Applicators

(a) Category - 1001 General Certification.

(i) Definition: This category applies to private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities as well as grasslands and non-crop agricultural lands. This category also includes private applicators using or supervising the use of restricted use pesticides on animals and in places in which animals are confined.

(ii) Standards of Competence: Standards of competence are outlined in Appendix C.

(b) Category - 1003 Sodium Cyanide Predator Control (M-44).

(i) Definition: This category applies to private applicators using the M-44 device.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of mammalian predator pests that is relevant to pest identification and control, including recognizing those pests and signs of their presence as well as their habitats, life cycles, biology, and behavior. Applicators must demonstrate comprehension of all laws applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling; proper placement of the capsules and device; proper use of the antidote kit; PPE requirements; notification to medical personnel before use of the device; conditions of and restrictions on when and where devices can be used; requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species; maximum density of devices; provisions for supervising and monitoring applicators; required information exchange in locations where more than one agency is authorized to place devices; and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.

(i) Definition: This category applies to private applicators using or supervising the application of restricted use pesticides through an irrigation system.

(ii) Standards of Competence: Applicators must demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of an anti-backflow/check valve to prevent contamination of water supplies. They must demonstrate knowledge of labeling requirements for products registered for chemigation, including posting requirements. Further, they must demonstrate knowledge of the appropriate use of personal protective equipment used for this type of application.

(d) Category - 1006 Aerial.

(i) Definition: This category applies to private applicators performing aerial applications of restricted use pesticides using a fixed wing or rotary winged aircraft or unmanned aircraft systems.

(ii) Standards of Competence: Refer to Appendix E for a listing of standards of competence for this category.

(e) Category - 1007 Fumigation.

(i) Definition: This category includes private applicators making soil and non-soil fumigation applications.

(ii) Standards of Competence: Refer to Appendix D for a listing of standards of competence for this category.

(f) The standards in this section do not apply to:

(i) Persons conducting research involving pesticides in a laboratory; and

(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 10 Apprentice Private Applicators

(a) Apprentice private applicators must make applications in accordance with W.S. 35-7-376.

(b) When required by a pesticide's product label, a private or commercial applicator must be physically present on-site at all times during an application made by an apprentice private applicator.

(i) Complete a Department approved education course within the last 12 months;

(ii) Complete agricultural handler training under the Worker Protection Standard (40 CFR part 170) within the last 12 months; or

(iii) Hold a valid applicator license in an unrelated category.

(d) The Department will only approve education courses that incorporate the requirements outlined in Appendix B of these regulations.

(e) Apprentice private applicator education can only be provided by one of the following:

(i) A private or commercial applicator;

(ii) A Department designated trainer of applicators or handlers; or

(iii) A person who has completed the EPA approved train-the-trainer course under the Worker Protection Standard (40 CFR part 170).

(f) For the duration of the application, the supervising private or commercial applicator must provide the apprentice private applicators with, and ensure continued access to during, copies of the pesticide product label and Safety Data Sheet for each pesticide to be used in an application, which the apprentice private applicator must be able to read and understand.

(g) The supervising private or commercial applicator must ensure that the apprentice private applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose.

(h) The supervising private or commercial applicator must ensure that before each day of use, the equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice private applicator, other persons, or the environment.

(i) The supervising private or commercial applicator must ensure that the apprentice private applicator has been instructed within the last 12 months in the safe operation of any equipment that the apprentice private applicator will use for mixing, loading, transferring, or applying pesticides.

(j) The supervising private or commercial applicator must provide to each apprentice private applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface water, groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The supervising private or commercial applicator must provide these instructions in a manner the apprentice private applicator can understand.

(k) The supervising private or commercial applicator must hold the correct category of license to oversee an apprentice private applicator for the specific application being made.

(l) The apprentice private applicator must be at least 18 years old, except that an apprentice private applicator must be at least 16 years old if all of the following requirements are met:

(i) The apprentice private applicator is using the pesticide under the direct supervision of a private or commercial applicator who is an immediate family member.

(ii) The pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.

(iii) The apprentice private applicator is not applying the pesticide aerially.

(m) Persons who wish to become an apprentice private applicator must submit the Department's application form for apprentice private applicator status to the Department prior to any private application of a pesticide. The applicant must provide any information that the Department deems necessary to process the application along with proof of education completed and the identification of the supervising private or commercial applicator.

(n) This section does not apply to:

(i) Persons conducting research involving pesticides in a laboratory; and

(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.

Section 11. Pesticide Dealer License.

(a) Any person who sells a restricted use pesticide must apply for a license for each location that the person operates.

(b) Persons requiring a pesticide dealer license must submit a license application and a $25.00 fee for each dealer establishment, payable to the Wyoming Department of Agriculture.

(c) Once the Department receives a complete and accurate license application and the appropriate fees, the Department will issue a pesticide dealer license to the applicant for each establishment.

(d) Licensees must renew their licenses annually on or before April 1 by completing and submitting the Department provided form and submitting the $25.00 renewal fee.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 12 Required Practices for Applicators

(a) Commercial applicators and private applicators must notify the Department of any change of business address within 30 days.

(b) Prior to making a commercial application, a commercial applicator must provide the customer with all of the following information:

(i) The pesticide to be applied;

(ii) The possible residue hazards;

(iii) Any restricted entry periods;

(iv) Any waiting periods prior to harvest;

(v) The application date and time;

(vi) The post-application label safety precautions; and

(vii) Any other applicable label requirements such as posting requirements.

(c) Commercial applicators must maintain accurate and legible records of the information required under subsection (b) of this section for two years.

(d) All applicators must make applications in accordance with the applicable standards of competence.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 13 Storage and Disposal of Pesticides and Pesticide Containers

(a) All applicators must store all pesticide concentrates and dilute mixtures using methods that are reasonably calculated to prevent the contamination of other products by means of volatilization, leakage, breakage, or other causes, and that are reasonably calculated to prevent risk of harm to persons, property, animals, or the environment.

(b) All applicators must keep pesticide storage areas clean and orderly, and must position pesticide containers so that the containers and labels are not at risk of damage.

(c) All applicators must cover or otherwise protect pesticides and pesticide containers from the elements in a manner that is reasonably calculated to prevent damage to labels and to avoid harm to persons, property, animals, or the environment.

(d) The Board of Certification recommends that applicators follow the procedures for proper storage and disposal of pesticides and pesticide containers detailed in 40 CFR part 165. The Department shall make copies of these procedures available to any person needing guidance for proper storage and disposal of pesticides and pesticide containers.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 14 License Denial, Suspension, Revocation, and Appeals

(a) Any violation of these regulations, the Department's Chapter 62 regulations, or the Act may result in the denial, revocation, or suspension of any license issued pursuant to the Act or these regulations. Additionally, if a person has a criminal conviction under 14(b) of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) or has been subject to a final order imposing a civil penalty under 14(a) of FIFRA the Department may deny, revoke or suspend a license issued pursuant to the Act or these regulations.

(b) The Department will deny a license application if:

(i) The applicant has made a materially false statement on the application;

(ii) The applicant failed to submit the appropriate fee; or

(iii) The applicant failed to submit a correct and complete application.

(c) The Department may deny a license application if the applicant has failed to comply with the Act, these regulations, or Chapter 62.

(d) If the Department denies a license application, the Department shall provide the applicant with a notice that includes:

(i) The specific reasons for the denial and citations to the applicable provisions of the Act or regulations;

(ii) The actions, if any, that the applicant must take to qualify for a license;

(iii) Notice of the applicant's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(e) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(f) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(g) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

(h) If prior to the hearing the applicant supplies evidence of correction and all other license requirements have been met, the Department may issue a license and cancel the hearing.

(i) If an applicator's violation constitutes a threat to public health, safety, or welfare that requires emergency action, the Department may immediately suspend the applicator's license in accordance with the Wyoming Administrative Procedure Act.

(j) Any applicator whose license is suspended must retake all applicable examinations and achieve a passing score before the Department will reinstate the license. However, if an applicator whose license is suspended fails to retake all applicable examinations and achieve a passing score within 15 days of suspension, the Department will proceed to revoke the applicator's license.

(k) An applicator with a reinstated license will be on probation for one year.

(l) If an applicator on probation violates any part of the Act, these regulations, or the Chapter 62, that violation constitutes a threat to public health, safety, or welfare that requires emergency action, and the Department may immediately suspend the applicator's license in accordance with the Wyoming Administrative Procedure Act.

(m) If the Department decides to revoke a license, the Department will provide the licensee with a revocation notice, which shall state:

(i) That the license shall be revoked 20 days after receipt of the revocation notice and that all pesticide applications shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Act, these regulations, or Chapter 62;

(iii) That the licensee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made; and

(v) That if a hearing is requested, the hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through -115, and the Board of Certification's Rules of Practice and Procedure for Contested Case Hearings.

(n) The Department shall send all notices in this section by certified mail, return receipt requested.

(o) Hearings: All hearings provided for in these regulations shall be conducted in accordance with the Board of Certification's Rules of Practice and Procedures for Contested Case Hearings.

History

Effective 2025-01-08

Wyo. Code R. 010.0005.28.01082025 § 15 Examination Standards

(a) All examinations must be presented in a written or electronic format authorized by the Department.

(b) Any person seeking pesticide applicator certification may not serve as an examination proctor.

(c) All proctors and certification authority personnel must keep examinations secure before, during, and after the examination period so that applicants have access to the examination only while a proctor is present.

(d) All applicants must present a valid government issued photo identification at the time of examination.

(e) No reference materials are allowed in the testing area except as provided by the Department.

(f) The examination must be conducted in accordance with any other requirements of the Department related to examination administration.

(g) The Department will notify the applicant of the applicant's examination results.

(h) Requirements for Proctors.

(i) Proctors must outline examination procedures to applicants before beginning the examination process.

(ii) Proctors must monitor examination applicants throughout the examination period.

(iii) Proctors must prohibit any verbal or nonverbal communication between applicants and anyone other than the proctor during the examination period.

(iv) Proctors must prohibit examination or approved reference materials from being copied or retained by any person not authorized by the Department. Proctors must examine any examination materials or approved reference materials for portions that may have been removed, altered, or destroyed.

(v) Proctors must report to the Department any inconsistencies or irregularities during the administration of an examination, such as cheating, use of unauthorized materials, and attempts to copy or retain materials.

APPENDIX A

CORE STANDARDS FOR COMMERCIAL APPLICATORS

Persons seeking certification as commercial applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides by passing a written examination. Written examinations for all commercial applicators must address all of the following areas of competency:

(a) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following:

(i) The general format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of federal and state law to use any registered pesticide in a manner inconsistent with its labeling;

(iv) Understanding when a certified applicator must be physically present at the site of the application based on labeling requirements;

(v) Understanding labeling requirements for supervising apprentice applicators working under the direct supervision of a commercial applicator;

(vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;

(vii) Understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;

(viii) Understanding and complying with product-specific notification requirements; and

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(b) Safety. Measures to avoid or minimize adverse health effects, including all of the following:

(i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide toxicity;

(iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) The need for, and proper use of, protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap; and

(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

(c) Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of all of the following:

(i) Weather and other indoor and outdoor climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other non-target organisms; and

(iv) Drainage patterns.

(d) Pests. The proper identification and effective control of pests, including all of the following:

(i) The importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and

(ii) Verifying that the labeling does not prohibit the use of the product to control the target pest.

(e) Pesticides. Characteristics of pesticides, including all of the following:

(i) Types of pesticides;

(ii) Types of formulations;

(iii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iv) Hazards and residues associated with use;

(v) Factors that influence effectiveness or lead to problems such as pesticide resistance; and

(vi) Dilution procedures.

(f) Equipment. Application equipment, including all of the following:

(i) Types of equipment and advantages and limitations of each type; and

(ii) Use, maintenance, and calibration procedures.

(g) Application methods. Selecting appropriate application methods, including all of the following:

(i) Methods used to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, sodium cyanide, or sodium fluoroacetate requires additional certification;

(iii) How selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and

(iv) Prevention of drift and pesticide loss into the environment.

(h) Laws and regulations. Knowledge of all applicable state, tribal, and federal laws and regulations.

(i) Responsibilities of supervisors of apprentice applicators. Knowledge of the responsibilities of commercial applicators supervising apprentice applicators, including all of the following:

(i) Understanding and complying with requirements in 40 CFR 171.201 for commercial applicators who supervise apprentice applicators using restricted use pesticides;

(ii) The recordkeeping requirements of pesticide safety education for apprentice applicators who use restricted use pesticides under the direct supervision of a commercial applicator;

(iii) Providing use-specific instructions to apprentice applicators using restricted use pesticides under the direct supervision of a commercial applicator; and

(iv) Explaining pertinent state, tribal, and federal laws and regulations to apprentice applicators who use restricted use pesticides under the direct supervision of a commercial applicator.

(j) Professionalism. Understanding the importance of all of the following:

(i) Maintaining chemical security for restricted use pesticides;

(ii) How to communicate information about pesticide exposures and risks with customers and the public; and

(iii) Appropriate product stewardship for commercial applicators.

APPENDIX B

CORE STANDARDS FOR APPRENTICE APPLICATORS

The apprentice applicator education materials must include the information that apprentice applicators need in order to protect themselves, other people, and the environment before, during, and after making a restricted use pesticide application. The apprentice applicator education materials must include, at a minimum, the following:

(a) Potential hazards from toxicity and exposure that pesticides present to apprentice applicators and their families, including acute and chronic effects, delayed effects, and sensitization;

(b) Routes through which pesticides can enter the body;

(d) Emergency first aid for pesticide injuries or poisonings;

(e) Routine and emergency decontamination procedures, including emergency eye flushing techniques. Apprentice applicators must be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Apprentice applicators must also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible;

(f) How and when to obtain emergency medical care;

(g) After working with pesticides, to wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet;

(h) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working with pesticides;

(i) Potential hazards from pesticide residues on clothing;

(j) Wash work clothes before wearing them again and wash them separately from other clothes;

(k) Do not take pesticides or pesticide containers used at work to your home;

(l) Potential hazards to children and pregnant women from pesticide exposure;

(m) After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members;

(n) How to report suspected pesticide use violations to the appropriate state or tribal agency responsible for pesticide enforcement;

(o) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment;

(p) Need for, and appropriate use and removal of, personal protective equipment;

(q) How to recognize, prevent, and provide first aid treatment for heat-related illness;

(r) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

(s) Environmental concerns such as drift, runoff, and wildlife hazards;

(t) Restricted use pesticides may be used only by a certified applicator or by an apprentice applicator working under the direct supervision of a certified applicator;

(u) The certified applicator's responsibility to provide to each apprentice applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface water and groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The certified applicator must provide these instructions in a manner the apprentice applicator can understand;

(v) The certified applicator's responsibility to ensure that each apprentice applicator has access to the applicable product labeling at all times during its use;

(w) The certified applicator's responsibility to ensure that where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each apprentice applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and use correctly for its intended purpose;

(x) The certified applicator's responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice applicator, other persons, or the environment; and

(y) The certified applicator's responsibility to ensure that a means to immediately communicate with the certified applicator is available to each apprentice applicator using restricted use pesticides under his or her direct supervision.

APPENDIX C

CORE STANDARDS FOR PRIVATE APPLICATORS

Before using or supervising the use of a restricted use pesticide as a private applicator, a person must be certified by an appropriate certifying authority as having the necessary competency to use restricted use pesticides for pest control in the production of agricultural commodities, which includes the ability to read and understand pesticide labeling. Certification in this general private applicator certification category alone is not sufficient to authorize the purchase, use, or supervision of use of the restricted use pesticide products in the categories listed in subsections (b) through (e) of Section 9. Persons seeking certification as private applicators must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including all of the following:

(a) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following:

(i) The general format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of federal and state law to use any registered pesticide in a manner inconsistent with its labeling;

(iv) Understanding when a certified applicator must be physically present at the site of the application based on labeling requirements;

(v) Understanding labeling requirements for supervising apprentice applicators working under the direct supervision of a certified applicator;

(vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium fluoroacetate, if applicable;

(vii) Understanding the meaning of product classification as either general or restricted use, and that a product may be unclassified;

(viii) Understanding and complying with product-specific notification requirements; and

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(b) Safety. Measures to avoid or minimize adverse health effects, including all of the following:

(i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) Need for, and proper use of, protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap; and

(c) Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of the following:

(i) Weather and other climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other non-target organisms; and

(iv) Drainage patterns.

(d) Pests. The proper identification and effective control of pests, including all of the following:

(i) The importance of correctly identifying target pests and selecting the proper pesticide product; and

(ii) Verifying that the labeling does not prohibit the use of the product to control the target pest.

(e) Pesticides. Characteristics of pesticides, including all of the following:

(i) Types of pesticides;

(ii) Types of formulations;

(iii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iv) Hazards and residues associated with use;

(v) Factors that influence effectiveness or lead to problems such as pesticide resistance; and

(vi) Dilution procedures.

(f) Equipment. Application equipment, including all of the following:

(i) Types of equipment and advantages and limitations of each type; and

(ii) Uses, maintenance, and calibration procedures.

(g) Application methods. Selecting appropriate application methods, including all of the following:

(i) Methods used to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, or predator control device containing sodium cyanide or sodium fluoroacetate requires additional certification;

(iii) How selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and

(iv) Prevention of drift and pesticide loss into the environment.

(h) Laws and regulations. Knowledge of all applicable state, tribal, and federal laws and regulations, including understanding the Worker Protection Standard in 40 CFR part 170 and the circumstances where compliance is required.

(i) Responsibilities for supervisors of apprentice applicators. Certified applicator responsibilities related to supervision of apprentice applicators, including all of the following:

(i) Understanding and complying with requirements in 40 CFR 171.201 for private applicators who supervise apprentice applicators using restricted use pesticides;

(ii) Providing use-specific instructions to apprentice applicators using restricted use pesticides under the direct supervision of a certified applicator; and

(iii) Explaining appropriate state, tribal, and federal laws and regulations to apprentice applicators working under the direct supervision of a certified applicator.

(j) Stewardship. Understanding the importance of all of the following:

(i) Maintaining chemical security for restricted use pesticides.

(ii) How to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons.

(k) Agricultural pest control. Practical knowledge of pest control applications to agricultural commodities including all of the following:

(i) Specific pests of relevant agricultural commodities.

(ii) How to avoid contamination of ground and surface waters.

(iii) Understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas.

(iv) Understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities.

(v) Relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

APPENDIX D

SOIL AND NON-SOIL FUMIGATION - STANDARDS OF COMPETENCE

Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil and non-soil fumigation applications, including all of the following:

(a) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil and non-soil fumigation, including all of the following:

(i) Labeling requirements specific to soil fumigants;

(ii) Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators must provide to apprentice applicators using fumigants under their direct supervision;

(iii) Entry-restricted periods for tarped and untarped field application scenarios;

(iv) Recordkeeping requirements;

(v) Labeling provisions unique to fumigant products containing certain active ingredients;

(vi) Labeling requirements specific to non-soil fumigation; and

(vii) Labeling requirements for fumigant management plans, such as when a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it; the elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan; the person responsible for verifying that a fumigant management plan is accurate; and the elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed.

(b) Safety. Measures to minimize adverse health effects, including all of the following:

(i) Understanding how certified applicators, apprentice applicators using fumigants under direct supervision of certified applicators, field workers, handlers, and bystanders can become exposed to fumigants;

(ii) Common problems and mistakes that can result in direct exposure to fumigants;

(iii) Signs and symptoms of human exposure to fumigants;

(iv) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

(v) Steps to take if a fumigant applicator experiences sensory irritation;

(vi) Understanding air monitoring, when it is required, and where and when to take samples;

(vii) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

(viii) First aid measures to take in the event of exposure to a soil or non-soil fumigant; and

(ix) Labeling requirements for transportation, storage, spill clean up, and emergency response for soil and non-soil fumigants, including safe disposal of containers, contaminated materials, and contaminated soil, and management of empty containers.

(c) Soil and non-soil fumigant chemical characteristics. Characteristics of soil and non-soil fumigants, including all of the following:

(i) Chemical characteristics of soil and non-soil fumigants;

(ii) Specific human exposure concerns for soil and non-soil fumigants;

(iii) How fumigants change from a liquid or solid to a gas;

(iv) How fumigants disperse in the application zone; and

(v) Compatibility concerns for tanks, hoses, tubing, and other equipment.

(d) Application. Selecting appropriate application methods and timing, including all of the following:

(i) Application methods, including but not limited to water-run and non-water-run applications, and equipment commonly used for each fumigant;

(ii) Site characteristics that influence fumigant exposure;

(iii) Understanding temperature inversions and their impact on fumigant application;

(iv) Weather and other conditions that could impact timing of fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific conditions;

(v) Conducting pre-application inspection of application equipment and the site to be fumigated;

(vi) Understanding the purpose and methods of soil sealing or of sealing the non-soil area to be fumigated, including the factors that determine which sealing method to use;

(vii) Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;

(viii) Calculating the amount of product required for a specific treatment area;

(ix) Understanding the basic techniques for calibrating fumigant application equipment; and

(x) Understanding when and how to conduct air monitoring and when it is required.

(e) Soil and pest factors. Soil and pest factors that influence fumigant activity, including all of the following:

(i) Influence of soil factors on fumigant volatility and movement within the soil profile, and the influence of pest factors on fumigant volatility;

(ii) Factors that influence gaseous movement through the soil profile or the area being fumigated and into the air;

(iii) Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application;

(iv) Identifying pests causing the damage and verifying that they can be controlled with fumigation;

(v) Understanding the relationship between pest density and application rate; and

(vi) The importance of proper application rate, depth, and timing.

(f) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following:

(i) Following labeling directions for required personal protective equipment;

(ii) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(iii) Understanding the types of respirators required when using specific fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and

(iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

(g) Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including all of the following:

(i) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(ii) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(iii) The person responsible for verifying that a fumigant management plan is accurate; and

(iv) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.

(h) Buffer zones and posting requirements (for soil fumigation). Understanding buffer zones and posting requirements, including all of the following:

(i) Buffer zones and the buffer zone period;

(ii) Identifying who is allowed in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period;

(iii) Using the buffer zone table from the labeling to determine the size of the buffer zone;

(iv) Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits;

(v) Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting timeframes for each; and

(vi) Proper choice and placement of warning signs.

(i) Posting requirements (for non-soil fumigation). Understanding posting requirements, including all of the following:

(i) Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas;

(ii) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each; and

(iii) Proper choice and placement of warning signs.

APPENDIX E

AERIAL APPLICATION

STANDARDS OF COMPETENCE

Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of restricted use pesticides, including all of the following:

(a) Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including:

(i) Spray volumes;

(ii) Buffers and no-spray zones; and

(iii) Weather conditions specific to wind and inversions.

(b) Application equipment. Understanding how to choose and maintain aerial application equipment, including all of the following:

(i) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application;

(ii) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;

(iii) Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles;

(iv) Interpreting a nozzle flow rate chart;

(v) Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;

(vi) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;

(vii) Where to place nozzles to produce the appropriate droplet size;

(viii) How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;

(ix) How to calculate required and actual flow rates;

(x) How to verify flow rate using fixed timing, open timing, known distance, or a flow meter; and

(xi) When to adjust and calibrate application equipment.

(c) Application considerations. The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following:

(i) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;

(ii) How to determine wind velocity, direction, and air density at the application site; and

(iii) The potential impact of thermals and temperature inversions on aerial pesticide application.

(d) Minimizing drift. The applicator must demonstrate knowledge of methods to minimize off-target pesticide movement, including all of the following:

(i) How to determine drift potential of a product using a smoke generator;

(ii) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;

(iii) Selecting techniques that minimize pesticide movement out of the area to be treated; and

(iv) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

(e) Performing aerial application. The applicator must demonstrate competency in performing an aerial pesticide application, including all of the following:

(i) Selecting a flight altitude that minimizes streaking and off-target pesticide drift;

(ii) Choosing a flight pattern that ensures applicator and bystander safety and proper application;

(iii) The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern;

(iv) Tools available to mark swaths, such as global positioning systems and flags;

(v) Labeling-mandated recordkeeping requirements for aerial pesticide applications including application conditions if applicable; and

(vi) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

History

Effective 2025-01-08

Chapter 42 Wyoming Weed and Pest Control Act 1973

Wyo. Code R. 010.0005.42.04072015 Wyoming Weed and Pest Control Act 1973

Board of Agriculture Weed and Pest Rules

Chapter 42

Wyoming Weed and Pest Control Act

Section 1. Authority. This Rule is promulgated pursuant to W.S. 11-5-119 of the Wyoming Weed and Pest Control Act (W.S. 11-5- 101 through 11-5-119), hereinafter called the Act.

Section 2. Definitions. As used in this rule the following definitions shall apply:

(a) "District-wide" means the area contained within the boundaries of a weed and pest control district, including but not limited to all federal, state, county, private and municipally owned lands.

(b) "Individual Quarantine" shall mean an area owned or controlled by a single landowner within one weed and pest control district which has been quarantined.

(c) "Section of the State" means any portion of one or more weed and pest control district(s) larger than an area owned or controlled by one landowner in one weed and pest district.

(d) "State-wide" means the area contained within the boundaries of the State of Wyoming.

Section 3. Amendments to Designated List. The procedures for amending the Designated List are as follows:

(a) A person may propose an amendment for addition to or removal from the Designated List, which shall be presented in writing to a District Board;

(b) The District Board shall approve or disapprove the proposed amendment by motion at its next regular meeting and, if approved, a complete file shall be presented to the Wyoming Weed and Pest Council, including the following:

(i) A resolution prepared and signed by the District Board chairman;

(ii) Minutes from the meeting where the motion was approved by the District Board;

(iii) Species profile for the proposed weed or pest including scientific names and common names;

(iv) Known distribution within the State of Wyoming; and,

(v) Documented impacts which requires listing as a designated weed or designated pest.

(c) The Wyoming Weed and Pest Council shall approve or disapprove the District Board's proposed amendment at its next regular meeting and, if approved, shall prepare a joint resolution to be signed by the president and presented to the Board. The Board shall also be provided the complete file;

(d) The Board shall hold a public hearing to receive comments on the proposed amendment;

(e) After public comments are received, the Board shall approve or disapprove the proposed amendment by motion at its next regular meeting. If the proposed amendment is approved, the President of the Board shall co-sign the joint resolution. The Board shall advise the Wyoming Weed and Pest Council of its action;

(f) The Board shall notify the public of its action through publication in a newspaper of general circulation in the State and the Department of Agriculture website.

Section 4. Emergency Amendments to Designated List. The procedures for making an emergency amendment to the Designated List are as follows:

(a) A person may propose an amendment for addition to the Designated List, which shall be presented in writing to a District Board;

(b) The District Board shall approve or disapprove the proposed amendment by motion at a special or regular meeting and, if approved, a complete file shall be presented to the Director, including the following:

(i) A letter requesting an Emergency Designation of the weed or pest;

(ii) A resolution prepared and signed by the District Board chairman;

(iii) Minutes from the meeting where the motion was approved by the District Board;

(iv) Species profile of the proposed weed or pest including scientific names and common names;

(v) Distribution of the proposed weed or pest within the State of Wyoming;

(vi) Reasons for the emergency including how the species is having an impact statewide, or on sections of state encumbering more than one district which requires listing; and,

(vii) Proposed control activities.

(c) Following consultation with the President of the Board and the President of the Wyoming Weed and Pest Council, the Director shall approve or disapprove the motion within (5) business days of receiving the file;

(i) Non action on the part of the Director within the five (5) business days shall be deemed a disapproval of the proposed amendment.

(d) The Director shall notify the District Board of his decision in writing;

(i) If approved, the Director shall notify the District Board of the expiration date of the emergency amendment not to exceed one (1) year or until formal action can be taken under Section 3 of this Chapter.

(e) The Director shall notify the public of the approved emergency amendment through publication in a newspaper of general circulation in the State and on the Department's website;

(f) District Boards shall post the approved emergency amendment at a location accessible to the public.

(g) Emergency amendments for a species shall not qualify for another emergency amendment within three (3) years.

(h) Approved emergency amendments and all documentation shall be forwarded to the Council for consideration under Section 3 of this Chapter.

Section 5. Declared Weeds and Pests.

(a) If a District Board desires to participate in Declared Pest and Declared Weed programs for the control of weeds and pests not included in the designated list as provided in W.S. 11-5- 105(b)(vi), the procedure for having a weed or pest declared is as follows:

(i) A person may propose an amendment for addition or removal from a District Boards Declared weed and pest program, which shall be presented to the District Board with jurisdiction over the boundaries presented in the proposal;

(ii) The District Board shall hold a public hearing to receive comments on the proposed amendment; and

(iii) Following the hearing the District Board shall approve or disapprove the proposed amendment by motion at the next scheduled meeting.

(iv) If the District Board approves an amendment for the removal of a declared weed or a declared pest, then the District Board shall notify the Wyoming Weed and Pest Council and the Board of its action and the amendment shall take effect immediately.

(v) If the approved amendment is for the addition of a declared weed or a declared pest, then:

(A) The District Board chairman shall prepare and sign a resolution and present it to the Wyoming Weed and Pest Council;

(B) The Wyoming Weed and Pest Council shall approve or disapprove the District Board's resolution at its next regular meeting and, if approved, the President shall sign the resolution and present it to the Board;

(C) The Board shall approve or disapprove the proposed amendment by motion at its next regular meeting. If the proposed amendment is approved, the President of the Board shall sign the resolution. The Board shall advise the Wyoming Weed and Pest Council of its action.

(b) If a District Board has a declared weed or declared pest which has been added to the Designated List, then that weed or pest shall be automatically removed as a declared weed or declared pest.

Section 6. Emergency Amendments to a Declared List. The procedures for a district-wide emergency declaration of a weed or pest are as follows:

(a) A person may propose an amendment for addition of a weed or pest, which shall be presented in writing to the District Board;

(b) The District Board shall approve or disapprove the proposed amendment by motion at a special or regular meeting and, if approved, the District Board's chairman shall provide the following information to the Director:

(i) A letter of request for an Emergency Declaration of the weed or pest;

(ii) A resolution prepared and signed by the District Board chairman;

(iii) Minutes from the meeting where the motion was approved by the District Board;

(iv) Species profile of the proposed weed or pest include scientific names and common names;

(v) Distribution of the proposed weed or pest within the District boundaries;

(vi) Reasons for the emergency; and

(vii) Proposed control activities.

(c) Following consultation with the President of the Board and the President of the Wyoming Weed and Pest Council, the Director shall notify the District Board of his approval or disapproval on the resolution within (5) business days of receiving the file;

(i) Non action on the part of the Director within the five (5) business days shall be deemed a disapproval.

(ii) If approved, the Director shall notify the District Board of the expiration date for the emergency declaration not to exceed one (1) year or until formal action can be taken under Section 3 of this Chapter.

(d) The District Board shall post the approved emergency amendment at a location accessible to the public.

(e) Emergency amendments for a species shall not qualify for another emergency amendment within three (3) years.

(f) Approved emergency amendments and all documentation shall be forwarded to the Council for consideration under Section 5 of this Chapter.

Section 7. Request for Quarantine, General Requirements.

Each request for a quarantine shall be accompanied by a sworn affidavit, which contains the following information:

(a) The area to be quarantined, if applicable;

(b) Infested object, item or farm products, to be quarantined;

(c) A statement that the person requesting the quarantine has found the lands, object, item, or farm products to be infested by insects, pests, weed seed, poisonous or injurious plants, or plant diseases, and that the requesting person has a reasonable belief that the infested object, item, or farm products from those land, are liable to spread the weed or pest to the injury and detriment of the state;

(d) The inspection and release procedures for the area or portion of the area, object, item or farm products; and

(e) The termination date of the quarantine, if such date is anticipated.

Section 8. State-wide Quarantine Against Importation of Farm Products.

(a) If a person residing within a District ascertains that insects, pests, weed seed, poisonous or injurious plants or plant diseases are likely to be introduced into Wyoming by the importation of the infected objects, items, farm products, or domestic animals and spread to the injury of others, that person may file a request for quarantine with the District Board, by providing such information as may be required by the District Board.

(b) The District Board shall approve or disapprove the request within forty-eight (48) hours after the request has been properly filed and, if approved, the Director must be provided with a copy of the request and all pertinent information, including the affidavit required by Section 7 of this Chapter and the District Board's minutes indicating the request for quarantine has been approved.

(c) Upon initial review of the person's request and the District Board's approval, the Director, if he ascertains that insects, pests, weed seeds, poisonous or injurious plants, or plant disease are likely to be introduced into Wyoming by the importation of farm products, domestic animals, or other objects, shall without unnecessary delay declare a State-wide quarantine for twenty (20) days.

(d) The Director shall hold a hearing within twenty (20) days of declaring the twenty (20) day quarantine to determine if a State-wide quarantine should continue.

Section 9. Quarantine of a Section of the State to Prevent Transfer of Farm Products to Other Sections of the State.

(a) If two (2) or more districts desire a Section of the State to be quarantined, they shall provide the Director with the affidavit referred to in Section 7 of this Chapter, and the District Boards' minutes. These documents and a written request from the District Boards involved shall be provided to the Director with one letter of transmittal signed by the chairman of each District Board. The combined District Boards may request the Director to declare a Section of State quarantine for thirty (30) days and the Director shall do so without unnecessary delay.

(b) The District Boards involved shall hold a joint hearing not less than ten (10) days after notice of the hearing to continue the quarantine is published in a newspaper of general circulation within their Districts. At such hearing the District Boards shall determine if the Director should continue the quarantine. If the District Boards determine the Director should continue the quarantine, they shall provide the Director with the original quarantine request, the individual District Board requests, the consolidated request, copies of the findings, conclusions and the final requests of the District Boards and copies of the hearing transcripts. Upon receipt of these items, the Director shall continue the quarantine.

(c) In the event the District Boards do not concur, those districts which do concur shall transmit all documents to the Director by letter signed by all the concurring District Board chairmen. Upon receipt of such letter and documents, the Director shall convene a hearing in not less than ten (10) days of notice of the hearing to determine if the quarantine shall be continued.

Section 10. District-wide Quarantines to Prevent Movement of Farm Products to Other Sections of the State.

(a) Districts seeking a quarantine under W.S. 11-5- 116(b)(i) shall follow the directions in that subsection.

(b) District-wide quarantines shall be declared by the Director when the requesting District Board provides the Director with the affidavit referred to in Section 7 of this Chapter, the initial request, and proof of compliance with W.S. 11-5-116(b)(i),(ii) or (iii).

Section 11. Individual Quarantines to Prevent Movement of Farm Products to Other Sections of a District or the State.

(a) The District Board shall notify the landowner in writing of its intent to request that the Director quarantine the land or portion thereof. The notice shall describe the lands to be quarantined and shall contain a notice of time and place for a hearing before the District Board. Such hearing, unless waived in writing, shall be held not less than ten (10) days nor more than twenty (20) days from the date of such notice. At the hearing the District Board shall determine by resolution adopted by a two-thirds (2/3) majority if a quarantine should be declared on such lands by the Director.

(b) If a District Board determines a quarantine should be declared by the Director, the District Board shall forward the request for quarantine, the affidavit required by Section 7 a certified copy of the District Board's resolution adopted by a two-thirds (2/3) majority of the board, and a copy of the hearing transcript to the Director who shall declare a quarantine.

Section 12. District-wide Quarantine of Movement of Infested Farm Products and Equipment into a District.

(a) District-wide quarantines shall be declared by the Director when the requesting District Board provides the Director with the affidavit referred to in Section 7 of this Chapter and the initial request

(b) If farm products and equipment are not certified as free from insects, pests, weed seeds, poisonous or injurious plants, or plant disease or are not certified free from infested farm products that may be injurious and detrimental to the state, and no exceptions under W.S. 11-5-116(d)(i)-(iii) apply, then a District Board, its agent, or law enforcement may detain and inspect the vehicle and cargo carrying the farm products and equipment for visible insects, pests, weed seeds, poisonous or injurious plants, or plant disease.

(c) After inspection by the District Board, its agent, or law enforcement and the finding of infested farm products or equipment, the person making the finding shall:

(i) Inform the person in charge of the vehicle and/or the owner of the farm products or equipment of his findings;

(ii) Instruct the person in charge of the vehicle that the following remedial options are available:

(A) Return the cargo or equipment to its point of origin;

(B) Return the cargo or equipment to its point of origin or other designated site and clean the cargo or equipment to the point that no infestation is present;

(C) Take the cargo to a processing plant to have the infestation rendered harmless and/or cleaned to the point that no infested farm products are present;

(D) Change the destination of the cargo or equipment to a place where the infested farm products or equipment will not be detrimental; or

(E) Destroy the infested farm products in a manner that destroys the infesting agent; and

(iii) Inform the person in charge of the vehicle and/or owner of the infested farm products or equipment of the right to appear at a hearing before the District Board if the person disagrees with the proposed remedies presented or the identity of the infestation. The person may appear at the hearing in person or through counsel. A person may waive the right to a hearing in writing.

(A) In the event the person in charge of the vehicle does not comply with options as specified in this Section and requests a hearing before the District Board, the hearing shall be held to disagree with the remedies or the identification of the infestation.

(d) If the agent and/or district supervisor does not find infested farm products upon completion of inspection of the cargo or equipment, the agent and/or district supervisor shall give the person in charge of the vehicle a certificate showing no infested farm products or equipment were found and that the vehicle and cargo are released. The certificate should also contain the date, time, place, vehicle's cargo description, and origin and destination of the load;

(e) The procedures outlined in this Section may be followed for the inspection of infested farm product and equipment shipments in the district-wide quarantine, statewide quarantine, and individual shipment quarantines.

Section 13. Quarantine of Individual Shipments of Infested Farm Products and Farm Equipment Into a District.

(a) If a District does not have a District-wide quarantine against the movement of infested farm products or equipment into a District under W.S. 11-5-116(d), but has a reasonable belief that infested farm products or equipment are entering the District that may be injurious and detrimental to the state, the District Board, its agent, or law enforcement may detain the vehicle containing such products and equipment and inspect the vehicle and cargo using the procedures outlined in Section 12 of this Chapter.

(b) If the cargo is found to contain infested farm products or equipment the procedures in Section 12 (c) of this Chapter shall be followed.

(c) In addition to a hearing for the reasons stated in Section 12(c)of this Chapter, a hearing may also be held to determine if the infestation will be injurious and detrimental to the State.

(i) In the event the person in charge of the vehicle does not comply with the options as specified in Section 12(c) of this Chapter and waives his right to a hearing before the District Board, the waiver, the affidavit referred to in Section 7(b) – (e) of this Chapter, and the request for a quarantine shall be forwarded to the Director who upon receipt thereof, shall declare a quarantine and request the person in charge to follow the remedial options.

(ii) In the event the person in charge of the vehicle does not comply with the options as specified in Section 12(c) of this Chapter and a hearing is held and the District Board determines a quarantine should be declared, the District Board shall adopt a resolution to that effect. The resolution shall be forwarded along with the affidavit referred to in Section 7 of this Chapter and the request for quarantine to the Director who upon receipt thereof shall declare the quarantine.

(d) If the agent and/or district supervisor does not find infested farm products or equipment, the procedure in Section 12(d) of this Chapter shall be followed.

Section 14. Quarantine Termination Date. All quarantines, which do not contain a termination date, shall remain in effect until terminated by the same procedure under which the quarantine was initiated.

Section 15. Hearings.

(a) All hearings shall be held in compliance with the Wyoming Administrative Procedure Act.

(b) Under Section 12 and 13 of this Chapter, hearings before the District Board to disagree with remedial options, the identity of the weed or pest, or the injurious and detrimental determination must be requested within twenty-four (24) hours of notification of the findings.

(c) Under Section 12 and 13 of this Chapter, hearings before the District Board to disagree with their remedial options, the identity of the insects, pests, weed seeds, poisonous or injurious plants, or plant disease, or the injurious and detrimental determination, must be held within twenty-four (24) hours of receipt of the request for a hearing.

(d) All other hearings before a District Board can be requested at any time unless specified in the Rule and be held within the time frame allowed in accordance with the District Board's hearing rules and at the District Board's discretion.

History

Effective 2015-04-07

Chapter 50 Regulations Pertaining to Leaf-Cutter Bees

Wyo. Code R. 010.0005.50.08012008 Regulations Pertaining to Leaf-Cutter Bees

Chapter 50

REGULATIONS PERTAINING TO LEAF-CUTTER BEES

Section 1. Authority. Pursuant to the authority vested in the Department of Agriculture by WYO. STAT. § 11-7-402, the following regulations pertaining to the leaf- cutter bees are hereby promulgated and adopted.

Section 2. Definitions.

(a) "Area" means the farm or property owned by or leased to the owner of the alfalfa leaf-cutter bees or a seed grower who contracts for bees to pollinate alfalfa.

(b) "Department" means the Wyoming Department of Agriculture.

Section 3. Standards for Certification. (% to be determined by lab analysis.)

(a) Unconditional Alfalfa Leaf-cutter Bee Certification - Bees that have been officially examined and analyzed and found to contain no more than 10% composite infestation by the parasites listed in Section 3 ( c )( i)(A) below; and which contain no infestation by the pathogens listed in Section 3 ( c ) (i)(B), below.

(b) Restricted Alfalfa Leaf-cutter Bee Certification - Bees that are officially reported as containing composite parasite infestation levels of 10% through 25%, or composite pathogen infestation levels of not more than 10%, shall be designated as being restricted certification.

(c) Quarantined Alfalfa Leaf-cutter Bee Certification - Bees that are officially reported as containing composite parasite infestation levels of more than 25%, or composite pathogen infestation levels of more than 10% shall be designated as being under Quarantined Certification. Alfalfa Leaf-cutter Bees and all associated nesting material and other equipment shall be quarantined and restricted to the landowner's or bee owner's area. Quarantined bees and equipment may be used only at the locations they were used when put under Quarantined Certification. Treatment, sterilization, or other methods of recognized control shall be performed by the bee owner before said bees and equipment can be used for pollinating. Quarantined Certification for two successive years shall result in an order for destruction of larvae or removal from the State.

(i) Parasites and Pathogens that the bees are to be specifically examined for are:

(A) Parasites

(I) Minute Chalcid (Tetrastichus megachi)

(II) Sapyga wasp (Sapyga pumila)

(III) Canadian Chalcid (Pteromalus venustus)

(IV) Imported Chalcid (Monodontomerus obscurus)

(V) Checkered Flower Beetle (Trichodes ornatus)

(VI) Giant Flower Beetle (Tribolium brevicornis)

(VII) Sunflower Beetle/Longtongues blister beetle (Nemognatha lutea)

(VIII) Driedfruit Moth (Vitula edmandsae)

(IX) Indian Meal Moth (Plodia interpuntella)

(X) Cadelle Beetle (Tenebriodes maurintanicus)

(XI) Blister Beetle (Epicauta normalis)

(B) Pathogens

(I) Alfalfa Leaf-cutter Bee Chalkbrood (Ascosphaera sp.)

Section 4. Importation and Movement of Leaf-cutter Bees within the State of Wyoming.

(a) Bees imported into Wyoming which meet the standards for Unconditional Alfalfa Leaf-cutter Bee Certification set forth in Section 3 (a) may be moved into any area within the State of Wyoming.

(b) Bees meeting the standards for Restricted Alfalfa Leaf-cutter Bee Certification set forth in Section 3(b) may be moved into any area in which bees designated as being under Restricted Alfalfa Leaf-cutter Bee Certification are located within the State of Wyoming.

(c) Bees meeting the standards for Quarantined Alfalfa Leaf-cutter Bee Certification shall not be moved from the landowner's or bee owner's area within the state as described in Section 3 c. No special permit to move bees or equipment under quarantined Alfalfa Leafcutter Bee Certification will be issued under Wyo. Stat. § 11-7- 405(b).

Section 5. Alfalfa Leaf-cutter Bee Sampling Procedure. The following procedures shall be used to sample bees under the bee certification program.

(a) All bees must be in loose cell state before samples can be taken.

(b) A two ounce sample shall be taken from each 20 pounds of bees owned or possessed by a beekeeper. An official sample size shall not consist of less than eight ounces (8 oz.). If the beekeeper owns or possesses more than 400 pounds, then the larvae will be divided into 400 pound lots and official samples shall be obtained from each lot. All official samples shall become the property of the department.

(c) Once the official samples have been obtained, the remaining composite sample shall be left in the possession of the owner of the bees or his designee. The owner has 10 days from date of receipt of certification to contact the department and discuss the original laboratory test results.

(d) All samples shall be collected using a random sampling procedure, i.e. a uniform sample from the top, middle, and bottom within the bee storage containers.

(e) All official samples will be obtained by department personnel in the presence of the owner of the bees or his designee.

(f) All official sample lot numbers must correspond with lot numbers assigned to the beekeepers storage containers.

(g) Sanitization - Wyoming Department of Agriculture personnel shall sanitize or dispose of equipment used in connection with sampling.

Section 6. Fees. All requests for certification shall be made to the department. The required certification fee shall be paid upon sampling.

(a) Importation Certification- All imported bees must be sampled by the department at the buyer's or owner's location within 10 days after importation and only a $50.00 per sample lab fee will be assessed.

(b) Annual Certification - Any person owning or possessing leaf-cutter bees within Wyoming shall make a request to the Department for certification by February 1 of each year and pay assessment fees at the time of sampling. A lab fee of $50.00 for each sample shall be assessed on bees sampled before March 1. Any samples received after March 1 will be assessed a $100.00 lab fee per sample.

(c) A certification fee shall be assessed for all Leaf-cutter Bees examined by the State of Wyoming. The fee, to cover costs of administration and enforcement of the Wyoming Alfalfa Leaf-cutter Bee Act and other related program needs shall not exceed $.26 per pound.

Section 7. Sale and Termination. All sales of bees shall be reported to the department as follows:

(a) All sales made shall be reported to the department by the bee owner giving name, address and location of the new owner.

(b) The department shall be notified of termination of bee operations.

Section 8. Wild Trapping Permit Procedure. A person intending to engage in wild trapping shall obtain a permit from the department prior to commencing trapping activities. The person applying for a permit shall obtain the signature of the property owner on which the bees are to be wild trapped. Any person keeping bees or nesting materials on property other than their own shall clearly mark the trapping material with his or her correct name, address, phone, location of wild trapping activities (1/4 section, section, township, range), number of bee boxes, and permission of property owners. Wild trapping will only be allowed with new laminated nesting material which must be removed from the state by October 1 of the year in which trapping began or submitted for certification as required under the regulations. A fee of $10.00 shall be submitted with each application for a wild trapping permit, with the check being made payable to the Wyoming Department of Agriculture. Each trapper is required to have a separate permit for each county in which he traps. New permits are required each season.

History

Effective 2008-08-01

Chapter 51 Regulations Pertaining to Seed Law

Wyo. Code R. 010.0005.51.06192024 § 1 Authority

Pursuant to Wyoming Statute § 11-12-113, the Board of Agriculture promulgates these regulations.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 2 Definitions

The following definitions, along with the definitions in W.S. § 11-12-101, apply in these rules:

(a) "Board" means the Wyoming Board of Agriculture.

(b) "Department" means the Wyoming Department of Agriculture.

(d) "Person" includes an individual, partnership, corporation, joint stock company or any other association or entity, public or private.

(e) "Reclamation species" means native or introduced species used for range or fire re-vegetation, but not intended to include agronomic crops.

(f) "Seed cleaning establishments" means any entity that processes seed for establishing a crop.

(g) "Small seeded crops" means crops with seeds smaller than winter wheat.

(h) "Tetrazolium test" or "TZ test" means a chemical test that indicates seed viability.

(i) "Weight" shall be understood and construed to mean the net weight.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 3 Amendments to the Prohibited, Restricted, and Regulated Weed Lists

(a) The procedures for amending the prohibited, restricted, and regulated weed lists are as follows:

(i) A person may propose an amendment to the lists by submitting the amendment in writing to the State Seed Analyst.

(ii) The State Seed Analyst shall present the proposed amendment to the Seed Lab Advisory Group. The Seed Lab Advisory Group shall approve or disapprove the proposed amendment by motion at its next meeting, and if approved, shall forward the proposed amendment to the Board.

(iii) The Board shall consider the proposed amendment at its next scheduled meeting, and if approved, recommend that the Department amend the pertinent list.

(iv) The following factors may be considered in the decision to include a weed on the prohibited, restricted, or regulated weed lists:

(A) Invasiveness;

(B) Economic harm to ranching, farming, or the general public;

(D) Toxicity to grazers; or

(E) Other relevant factors.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 4 Intrastate Sell-by Date After Testing

(a) The intrastate sell-by date after germination or TZ testing shall not exceed the following:

(i) Agricultural seed and reclamation species seed: 12 months excluding the month of the test;

(ii) Flower and vegetable seed (greater than one pound containers): 12 months excluding the month of the test;

(iii) Cool season lawn and turf grasses seed: 15 months excluding the month of the test; and

(iv) Seed in hermetically sealed containers: 24 months excluding the month of the test.

(b) Flower and vegetable seed (less than one pound containers) must indicate a "sell-by" or "packed-for" date or year, respectively.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 5 Tetrazolium Testing

(a) The reclamation species below may be labeled with information from either a germination or a tetrazolium test.

Balsamroot

Balsamorhiza spp.

Bitterbrush

Purshia spp.

Cliffrose

Purshia spp.

Kochia, forage

Bassia prostrata

Lupine

Lupinus spp.

Mormon-tea

Ephedra spp.

Mountain-Mahogany

Cercocarpus spp.

Needlegrass

Achnatherum spp.

Needlegrass

Nassella spp.

Penstemon

Penstemon spp.

Rabbitbrush

Chrysothamnus spp.

Ricegrass, Indian

Achnatherum spp.

Sagebrush

Artemisia spp.

Saltbush

Atriplex spp.

Winterfat

Krascheninnikovia spp.

(b) Any species not listed in the germination table of the rules for testing as cited in W.S. § 11-12-101 may be labeled using a germination or a tetrazolium test.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 6 Tags and Labels

(a) The following weight or seed count tag or label requirements apply:

(i) Net weight is required and shall be clearly and plainly labeled on all bags, containers, tags, or labels.

(ii) A pre-planted container, mat, tape, or other planting device shall state the minimum number of seeds in the container, mat, tape, or other planting device.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 7 Altering of Tags or Labels

A person shall not alter or deface a tag or label attached or imprinted upon the exterior of a container or displayed on a container as required by W.S. § 11-12-105. Any tag or label that is altered or defaced is void, and the person shall remove the seed from sale.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 8 Blank Spaces Prohibited

Blank spaces are prohibited, and any factor listed on the seed bag, container, tag, or label found to not be present shall be listed as "0.00."

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 9 Seed Laboratory Name Not Used in Advertising

The name of the State Seed Laboratory shall not be used for advertising purposes in connection with seed analysis reports.

History

Effective 2024-06-19

Wyo. Code R. 010.0005.51.06192024 § 10 Seed Cleaning Establishments

(a) To be approved as a seed cleaner, seed cleaning establishments must meet the requirements below.

(i) All establishments must allow the Wyoming Seed Certification Service to inspect the establishment during normal business hours.

(ii) An establishment must have a designated person in charge of seed handling, who must be trained and have experience in handling, sampling, and labeling seed.

(iii) An establishment shall thoroughly clean all seed handling equipment between the cleaning of each seed lot to prevent contamination or varietal mixture.

(iv) An establishment must keep complete and accurate records for seven years showing identity, origin, every process, and every movement of each lot of seed from the time of receipt until delivery.

(v) An establishment shall comply with Federal and state seed laws in the cleaning, labeling, sampling, shipment, and sale of seed.

(vi) An establishment shall properly contain weed seed to prevent spread and proliferation of weeds.

(vii) If no approved establishment is located within 150 miles hauling distance of a seed grower, a non-approved establishment may be approved on a one-time basis to clean that lot of seed for that particular grower. The Wyoming Seed Certification Service must conduct a thorough inspection, and the establishment must pay the inspection fee as authorized by W.S. § 11-12-119 before that lot of seed may be cleaned.

(b) The Wyoming Seed Certification Service shall annually review the approval status of all certified conditioners.

History

Effective 2024-06-19

Chapter 52 Wyo. Petroleum & Antifreeze Products Standards & Regulations

Wyo. Code R. 010.0005.52.01032018 Wyo. Petroleum & Antifreeze Products Standards & Regulations

CHAPTER 52 Wyoming Petroleum and Antifreeze Products Standards and Regulations

Section 1. Authority. Pursuant to the authority provided by Wyoming Statute § 40-7-103, the Wyoming Department of Agriculture hereby promulgates and adopts the following regulations.

Section 2. Definitions.

(a) "Automotive Spark-Ignition Engine Fuel" means all grades and qualities of gasoline, either leaded or unleaded, and gasoline-oxygenate blends, either leaded or unleaded;

(b) "EPA" means the United States Environmental Protection Agency;

(d) "Gasoline-oxygenate blend" means a homogeneous liquid fuel blend consisting primarily of gasoline and a substantial amount of one or more oxygenates. This definition includes but is not limited to the following:

(i) Gasohol

(ii) Leaded gasohol meaning any spark-ignition engine fuel containing a nominal ten volume percent (10%) anhydrous denatured fuel ethanol and ninety volume percent (90%) leaded gasoline, regardless of other name, grade or designation.

(iii) Any gasoline oxygenate blend which meets the EPA's "Substantially Similar" rule.

(iv) Any Gasoline-oxygenate blend for which there is an existing Clean Air Act waiver issued by the EPA.

(e) "Leaded" means any gasoline or gasoline-oxygenate blend which contains not less than 0.05 grams lead per U.S. gallon or contains an EPA registered gasoline additive formulated to reduce valve seat recession in engines designed to operate on leaded gasoline, which provides a lead equivalency of at least 0.10 grams lead per U.S. gallon;

(f) "This chapter" means Chapter 52.

(g) "Unleaded" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.05 grams lead per U.S. gallon and not more than 0.005 grams phosphorus per U.S. gallon.

(h) "The act" means W.S. § 40-7-101 through 40-7-111

(i) "Department" means the Wyoming Department of Agriculture.

(j) "Director" means the Director of the Wyoming Department of Agriculture

(k) "Establishment" means a place of business at a single physical location.

(l) "Antifreeze" Means any substance or preparation sold, distributed or intended for use as a cooling liquid, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid, to lower its freezing point, or to raise its boiling point.

(m) "Manufacturer" means the manufacturer, packer, seller or distributor of any antifreeze product.

Section 3. Labeling of dispensers and storage.

(a) The fill pipe box cover for any automotive fuel storage tank or vessel supplying gasoline shall be permanently, plainly, and visibly marked in such a manner as to identify what type of gasoline each storage tank delivers to a particular motor fuel dispenser. The markings may include the words, or abbreviation of the words, regular unleaded, unleaded plus, super unleaded, or a related color code scheme, such as white, blue, green and red. If the fill pipe box covers are marked by means of a color code scheme, a color code legend shall be conspicuously displayed at the place of business.

(b) The automotive fuel rating of gasoline sold or offered for sale from a motor fuel dispenser shall not be less than the automotive fuel rating posted on the dispenser.

(c) Retail dispensers of biodiesel blends containing more than 5% biodiesel must be labeled with the capital letter "B" followed by the value representing the volume percentage of biodiesel and ending with either "biodiesel" or "biodiesel blend." For example:

• B10 Biodiesel Blend • B20 Biodiesel Blend • B100 Biodiesel

(ii) The label must be placed in the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position.

(d) Each Grade dispensing ethanol blends of no less than 1% and no more than 10% must be labeled "Contains up to 10% Ethanol."

(e) Each Grade dispensing ethanol blends of no less than 10% and no more than 15% must be labeled "Contains up to 15% Ethanol."

(f) E85 pumps must be labeled with the capital letter "E" and the number "85" ending with the word "ethanol."

(g) Blends higher than E15 and less than E51 can only be used in FFVs and must meet the standards set by EPA for such blends.

(h) For purposes of assessing penalties for violations of this section, each incorrect posting of an automotive fuel rating or other labeling requirement as outlined in Section 3 subsection a-g on a motor fuel dispenser shall be considered a separate violation.

Section 4. Standards of Quality.

(a) Exceptions to ASTM standards for fuel oil:

(i) ASTM grades No. 1 and No. 2 shall not have a flash point lower than one hundred fifteen degrees Fahrenheit (115@ F).

(ii) ASTM grades No. 4, No. 5 and No. 6 shall not exceed one and one-half percent (1.5%) sulfur by weight.

(b) Exceptions to ASTM standards for diesel fuel:

(i) ASTM grade No. 1 shall be a clear product free of water and sediment.

(i) Gasoline shall be a clear homogeneous liquid free of water and sediment;

(ii) The minimum lead content for gasoline labeled "regular" or "leaded" shall be as defined in Section 2.(e) of this chapter.

(iii) Requirements imposed by the EPA shall take precedence over ASTM standards, where applicable.

(iv) The allowable reductions in vehicle anti knock requirements for altitude are 4.5 for less than 89 Antiknock Index (AKI), and 3.0 for greater than 89 AKI. Fuel may be marketed using these reductions, but actual AKI minimum must be posted.

(d) Exceptions to ASTM standards for kerosene:

(i) Kerosene shall be free of water and suspended material.

(ii) Kerosene shall have a color no darker than No. 16 Saybolt.

(iii) Kerosene shall have a flash point not lower than one hundred fifteen degrees Fahrenheit (115@ F).

Section 5. Registration of Antifreeze Products. It is unlawful to sell, offer for sale, keep for sale or store in Wyoming any antifreeze product which has not been approved by the State Chemist and registered with the Department on forms provided by the Department.

(a) Application for registration of antifreeze products shall be made by the manufacturer of same and not by the distributor, supplier, wholesale dealer, or retail dealer.

(b) To effect registration of an antifreeze product, the manufacturer of said product must submit to the State Chemist, the following:

(i) One complete copy of the registration application prescribed by the Department, all information in the ingredients statement is confidential.

(ii) One copy of the antifreeze product label which must include:

(A) The antifreeze product name;

(B) The name and address of the manufacturer or distributor;

(iii) A certified laboratory test report or certificate of analysis for each product on which registration is being requested.

(c) When the manufacturer applies for an amended registration of an antifreeze product, the registration being replaced will remain in effect for one year following the date of approval of the new application.

Section 6. Exemption for Retail Dealer and Records. No retail dealer shall be subject to the penalties of this Chapter if:

(a) The retail dealer has an invoice from the wholesale dealer or supplier that the product delivered complies with the provisions of this Chapter;

(b) The retail dealer has any other guarantee or document issued by the wholesale dealer or supplier that the product delivered complies with this Chapter;

(i) Wholesale dealer or supplier name and address;

(ii) Quantity of product delivered;

(iii) Manufacturer's name and address for the product delivered;

(iv) Date the product was delivered;

(v) The true name and grade of the product delivered.

Section 7. Fuel Quality Inspection Routine Inspection Schedule. Retail locations will be inspected by the Director or his designee and will be unannounced inspections during regular business hours. Trucks, Tank Wagons, Airports, Marinas, Card Lock Facilities and any Unmanned Retail Facilities will be scheduled at least 48 hours prior to the inspection for routine inspections.

History

Effective 2018-01-03

Chapter 55 Apiary Registration

Wyo. Code R. 010.0005.55.05081991 Apiary Registration

CHAPTER LV

STATE OF WYOMING APIARY REGISTRATION REGULATIONS

Section 1. Authority. Pursuant to the authority vested in the Department by virtue of W.S. 11-2- 202(a)(vi), and W.S. 16-3101 through 16-3-115, the following rules and regulations pertaining to the registration of apiaries are hereby promulgated and adopted.

Section 2. Definitions. Terms used in these regulations are in addition to those set forth in W.S. 11-7-131 1983, as amended. The following terms shall have the meaning stated below:

(a) Apiary location means the geographical location as designated by the legal-land description required for apiary registrations under W.S 11-7-201(b)(iii).

(b) Disputed location means any apiary location which is contested by one (1) or more beekeepers or the Department.

(c) Registered apiary location means an apiary location that has met all applicable requirements for registration as required by the Wyoming Apiary Law and for which a certificate of registration has been issued.

(d) Unregistered apiary location means a location that has not met all applicable requirements for registration as required by the Wyoming Apiary Law and for which NO certificate of registration has been issued.

Section 3. Apiaries Placed on Unregistered Locations or Within Two (2) Miles of an Existing Registered Apiary.

(a) If any location is disputed, no registration will be issued for the location until a formal hearing is conducted.

(b) Upon receipt of a complaint that an apiary is unregistered or is within two (2) miles of an existing registered apiary, the Department will issue the owner of the apiary, written notice specifying the cause of the complaint. Such notice shall:

(i) Establish a date for a formal hearing, to resolve the matter raised by the complaint.

(c) If on or before the date set for hearing, the respondent establishes to the satisfaction of the Department that he has:

(i) submitted a proper registration application for the apiary and received approval for that apiary, or

(ii) Moved the apiary to a registered location, or

(iii) Removed the apiary from the statethe complaint shall be dismissed.

(d) If the Department receives no response from the respondent, the Department may, following a hearing to establish the matter alleged, issue an order in default.

(e) On the basis of the evidence produced at any hearing, the Department shall make findings of fact and conclusions of law and enter an order thereon. The Department shall give written notice of such order to the respondent and to such other persons as shall have appeared at the hearing and made written request for notice of the order. If the respondent does not comply with the order and make the necessary corrections, the Department will bring an action to enforce its order.

(f) All hearings will be conducted according to the Wyoming Administrative Procedures Act and rules adopted by the Wyoming Department of Agriculture.

Section 4. Penalties.

(a) W.S. 11-7-201(h) provides that failure or refusal to register an apiary as required by statute is a misdemeanor punishable by a fine of not more than five hundred (500) dollars or imprisonment for not more that six (6) months or both. The Department will cooperate with county and district attorneys in the prosecution of offenses under W.S. 11-7-201(h).

History

Effective 1991-05-08

Chapter 58 Commodity Certification Regulations

Wyo. Code R. 010.0005.58.02142024 § 1 Authority

Pursuant to Wyoming Statute §§ 11-2-202 and 11-43-101, the Wyoming Department of Agriculture (WDA) promulgates these regulations.

History

Effective 2024-02-14

Wyo. Code R. 010.0005.58.02142024 § 2 Purpose of rules

These regulations pertain to the sampling and inspection of commodities covered under the United States Agricultural Marketing Act (AMA) and associated costs to cover the cost of administering the program.

Section 3. Definitions.

(a) "Licensed inspector" means an employee of the WDA who is licensed by FGIS to sample and inspect AMA commodities in accordance with United States Department of Agriculture (USDA) standards.

(b) "Licensed sampler" means an employee of the WDA who is licensed by FGIS to sample and perform all other associated activities (excluding grading) pertaining to the shipment of AMA commodities in accordance with USDA standards.

(d) "FGIS" means Federal Grain Inspection Service.

(e) "Condition of container" means the process of inspection of a shipping container or carrier, by a licensed inspector, to determine its suitability for the sanitary transportation of a commodity.

(f) "Check counting" means the process of determining the total number of filled containers in a lot in order to determine that the number of containers shown by an applicant is correct and certifying the results.

(g) "Check weighing" means the process of weighing a selected number of random containers from a lot, determining the estimated total gross, tare and net weight or the estimated average gross or net weight per filled container and certifying the results.

(h) "Check loading" means the process of counting individual sacks, cartons, totes, etc. by a licensed inspector as per FGIS standards to ensure that the correct amount was loaded, that the shipping container or carrier remains suitable to receive the commodity, and that the condition of the commodity being loaded does not change.

(i) "Insects in grain inspection" means the process of sampling an appropriate number of containers and inspecting the withdrawn AMA commodity to determine if there are insects present and then certifying the results.

(j) "Sanitation inspection" means a physical walk through and inspection by a licensed inspector of a plant, mill, storage building, etc., including all associated outside areas, to ensure that the facility and processed products are handled and stored in a sanitary manner.

History

Effective 2024-02-14

Wyo. Code R. 010.0005.58.02142024 § 4 Fees

(a) $9.50 for each condition of container, check weighing inspection, or check loading inspections.

(b) $19.00 for each official sample drawn, insects in grain inspection, and sanitation inspection.

(d) All fees shall be billed annually on June 30.

(e) The WDA may send a monthly activity sheet to each customer that has requested services, identifying what services were performed and showing the current outstanding portion of any bill that a customer may have. A customer may choose to pay off any outstanding portion of any bill prior to the annual billing date.

(f) Failure to pay the WDA within 90 days of the annual billing date may result in the WDA denying service until all fees for services are remitted.

History

Effective 2024-02-14

Chapter 59 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0005.59.03282019 § 1 Authority

These rules are promulgated by the Wyoming Department of Agriculture pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2019-03-28

Wyo. Code R. 010.0005.59.03282019 § 2 Purpose

The Wyoming Department of Agriculture hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2019-03-28

Wyo. Code R. 010.0005.59.03282019 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under

W.S.16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts, or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2019-03-28

Wyo. Code R. 010.0005.59.03282019 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2019-03-28

Wyo. Code R. 010.0005.59.03282019 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i)

Scanning non-electronic public records.

$0.10/page

(ii)

Electronic Media (disk, thumb drive, etc.).

Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i)

Mailing, including cost of the shipping container.

Actual Cost

(ii)

Facsimile.

Actual Cost

History

Effective 2019-03-28

Chapter 60 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0005.60.04262019 § 1 Authority

These rules are promulgated by the Wyoming Board of Agriculture pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2019-04-26

Wyo. Code R. 010.0005.60.04262019 § 2 Purpose

The Wyoming Board of Agriculture hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2019-04-26

Wyo. Code R. 010.0005.60.04262019 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under

W.S.16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts, or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2019-04-26

Wyo. Code R. 010.0005.60.04262019 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2019-04-26

Wyo. Code R. 010.0005.60.04262019 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i)

Scanning non-electronic public records.

$0.10/page

(ii)

Electronic Media (disk, thumb drive, etc.).

Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i)

Mailing, including cost of the shipping container.

Actual Cost

(ii)

Facsimile.

Actual Cost

History

Effective 2019-04-26

Chapter 61 Rules Pertaining to Hemp

Wyo. Code R. 010.0005.61.05232024 § 1 Authority

These rules are written in accordance with the authority provided in Wyoming Statute § 11-51-105.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 2 Definitions

Any applicable term defined in W.S. § 11-51-101 shall have the same meaning throughout these rules. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

(a) "Acceptable Hemp THC Level" means that when a laboratory tests a sample, it must report the total delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis and the Measurement of Uncertainty. The Acceptable Hemp THC Level for the purposes of compliance with the requirements of this rule is when the application of the Measurement of Uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis produces a distribution or range that includes 0.3% or less. This definition of "Acceptable Hemp THC Level" affects neither the definition of "hemp" nor the definition of "marihuana" or "marijuana" in Wyoming Statutes.

(b) "Batch" means the hemp or products processed during a specific time period indicated by a specific code as designated by a processor.

(c) "Cannabis" means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa L. is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. For the purposes of these rules, Cannabis also refers to:

(i) Any form of the plant in which the total delta-9 tetrahydrocannabinol concentration on a Dry Weight Basis has not yet been determined;

(ii) Any form of the plant that exceeds the Acceptable Hemp THC Level; or

(iii) Any form of the plant that has been commingled with Cannabis that exceeds the Acceptable Hemp THC Level.

(d) "Certified Laboratory" means a United States Drug Enforcement Administration certified and ISO/IEC 17025 accredited laboratory accredited for the testing of potency of cannabinoids, including THC in Cannabis.

(e) "Controlled Substances Act" or "CSA" means the Controlled Substances Act as codified in 21 U.S.C. 801 et seq.

(f) "Criminal History Report" means the United States Federal Bureau of Investigation's Identity History Summary.

(g) "Culpable Mental State Greater Than Negligence" means to act intentionally, knowingly, willfully, or recklessly.

(h) "Department" means the Wyoming Department of Agriculture.

(i) "Dry Weight Basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a Dry Weight Basis means the percentage of THC, by weight, in a Cannabis item (plant, extract, or other derivative), after excluding moisture from the item.

(j) "Geospatial Location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.

(k) "Handle" means to Harvest or store hemp plants or hemp plant parts prior to the delivery of such plants or plant parts for further processing.

(l) "Harvest" means the collection of any portion of a Cannabis plant from a Licensed Area at any time. Harvest does not include the movement of Cannabis plants between Licensed Areas associated with a single hemp license.

(m) "Hemp Statute" means W.S. § 11-51-101 through -107.

(n) "Key Participant" means a sole proprietor, a partner in a partnership, a member of a limited liability company, a director of a corporation, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, chief financial officer, principal, officer, member, manager, and director. This definition does not include non-executive managers such as farm, field, or shift managers.

(o) "Licensed Area" means a field, greenhouse, hoop house, high tunnel, building, or other structure on or in which a licensee plans to produce or process hemp that is licensed by the Department. A Licensed Area may include land, buildings, or other structures that are not used for producing or processing hemp.

(p) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of Cannabis throughout the area.

(q) "Measurement of Uncertainty" means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

(r) "Negligence" or "Negligent" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the provisions of the Hemp Statute or these rules.

(s) "Official Test Result" means an official result prepared by a Certified Laboratory about the analytical testing it performed and the results of the testing, including the Department's Official Test Results.

(t) "Sampling Agent" means a person trained and authorized by the Department to sample Cannabis for the purposes of these rules.

(u) "USDA" means the United States Department of Agriculture.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 3 Licensing

(a) Each applicant for a license shall submit a signed, complete, accurate, and legible application. In addition to submitting the Department's application form, an applicant must submit the following:

(i) A copy of the applicant's government issued photo identification or, if a business entity, a Wyoming Secretary of State certificate of good standing.

(ii) An aerial map or photograph (e.g., from Farm Service Agency, Google, or Bing) of all the Licensed Areas on which the applicant plans to grow hemp, showing the boundaries and dimensions of each Lot in acres or square feet.

(iii) An aerial map or photograph (e.g., from Farm Service Agency, Google, or Bing) of all the Licensed Areas on which the applicant plans to process hemp, showing the boundaries and dimensions of each licensed facility in acres or square feet.

(iv) An official Criminal History Report for all Key Participants of the applicant dated within 60 days prior to the application submission date.

(b) In addition to the application, each applicant shall submit the license fee set by W.S. § 11-51-103(c)(ii).

(c) The Department will not begin reviewing an application until it receives the fee specified in W.S. § 11-51-103(c)(ii).

(d) Licenses cannot be assigned or transferred.

(e) To amend a license, including changing a Licensed Area or activity, a licensee must submit the Department's amendment request form and receive the Department's approval.

(f) A licensee must report any changes to contact information listed on the licensee's application form within 10 days of the change by completing the Department's amendment request form and submitting it to the Department via email, mail, contract carrier, or fax.

(g) A license shall be valid for the remainder of the current calendar year in which the application was approved. All licenses will expire on December 31 of each year.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 4 Hemp Producer Reporting and Record Keeping Requirements

(a) A licensee who plans to produce hemp shall report to the Department and USDA Farm Service Agency:

(i) Hemp crop acreage;

(ii) Total acreage of hemp planted, Harvested, and disposed of;

(iii) License number;

(iv) Street address for each Licensed Area;

(v) Geospatial location of each Lot or greenhouse where hemp will be produced; and

(vi) Acreage or indoor square footage of any greenhouse dedicated to the production of hemp.

(b) A licensee must keep all records specified in this section for at least three years.

(c) A licensee must make available for inspection by the Department during reasonable business hours the following records:

(i) Records regarding acquisition of Cannabis plants;

(ii) Records regarding production and handling of Cannabis plants;

(iii) Records regarding storage of Cannabis plants;

(iv) Records regarding disposal of all Cannabis plants that do not meet the definition of hemp; and

(v) Records pertaining to compliance with corrective action plans.

(d) Harvest Reports.

(i) No more than 30 days but not less than 15 days prior to anticipated Harvest, each licensee shall submit a Harvest report on the Department's form, via email, mail, contract carrier or fax, which must include the estimated Harvest date and location of each Lot to be Harvested within a Licensed Area.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 5 Hemp Producer Inspection and Sampling Protocol

(a) Upon receipt of a Harvest report, the Department will schedule and send a Sampling Agent to the licensee's Licensed Area. Each Lot must be sampled by a Sampling Agent prior to Harvest.

(b) A licensee must notify the Department immediately of any changes in the reported Harvest date in excess of five days. If any such changes are made, the Department may require additional sampling prior to Harvest.

(c) All licensees are subject to inspection and sampling to verify that the THC concentration level of all Cannabis does not exceed the Acceptable Hemp THC Level.

(d) During an inspection by the Department or a Sampling Agent, the licensee, a Key Participant, or a designated employee shall be present at the Licensed Area and shall provide the Department with complete and unrestricted access during reasonable business hours to all Licensed Areas and to all documents specified in Section 4 of these rules. When the Department or a Sampling Agent collects samples during an inspection, the licensee, a Key Participant, or a designated employee must accompany the Department's representative throughout the sampling process.

(e) The Department shall only use samples collected by a Sampling Agent and analyzed by the Department or an authorized agent to determine compliance with these rules.

(f) Any Official Test Results showing that a sample's THC concentration level is greater than the Acceptable Hemp THC Level shall constitute evidence that all Cannabis in the sampled Lot has a THC concentration level greater than the Acceptable Hemp THC Level and that the licensee is therefore not in compliance with the Hemp Statute and these rules. Upon receipt of such an Official Test Result, the Department will notify the licensee and USDA and require disposal of each non-compliant Lot in accordance with Section 6. The Department will develop and issue a corrective action plan to the licensee as provided in Section 14.

(g) If a licensee believes that an Official Test Result from the Department is in error, the Department will retest the sample originally collected by the Department if:

(i) The licensee requests a retest within five days of notification of the Official Test Results;

(ii) The licensee pays all costs associated with the retest; and

(iii) Payment for retesting is received within 15 days of the request for retesting.

(h) If Cannabis in a Lot has a THC concentration level that does not exceed the Acceptable Hemp THC Level, it is considered hemp and may enter the stream of commerce.

(i) Cannabis with a THC concentration level exceeding the Acceptable Hemp THC Level must be disposed of in accordance with Section 6.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 6 Remediation and Destruction Requirements for Hemp Producers

(a) A licensee must dispose of non-compliant Cannabis by destroying it in accordance with this section unless the Department's corrective action plan permits the licensee to first attempt to remediate the non-compliant Cannabis.

(b) Methods of remediation include:

(i) Removing and destroying flower material, while retaining the stalk, stems, leaf material and seeds; or

(ii) Shredding and blending the entire Cannabis plant into a biomass like material.

(c) All Cannabis that has undergone remediation must be sampled and tested by the Department to ensure that the THC concentration level does not exceed the Acceptable Hemp THC Level.

(d) Remediation of non-compliant Cannabis must be completed within 60 days after notification by the Department to the licensee of a non-compliant Lot or by the end of the current calendar year, whichever occurs first.

(e) Non-compliant Cannabis Lots that the licensee does not wish to remediate or that remain non-compliant after remediation must be destroyed.

(f) Methods of destruction include:

(i) Plowing, tilling, or disking the Cannabis into the soil;

(ii) Mulching, composting, chopping, or bush mowing Cannabis into green manure;

(iii) Burning; or

(iv) Burying by covering Cannabis with at least 12 inches of soil.

(g) The licensee shall provide proof of destruction to the Department unless a Department employee observes the destruction.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 7 General Hemp Processing Requirements

(a) A licensee must assign to each Batch a unique number or way to identify the product at the time of processing.

(b) A licensee that extracts THC from hemp must submit for approval by the Department a plan that ensures that the THC is destroyed in accordance with 21 CFR part 1317 and that accounts by Batch number for all THC destroyed.

(c) A licensee must submit for approval by the Department a plan that ensures that all Batches exceeding the Acceptable Hemp THC Level will be disposed of by altering or treating it to ensure that the THC level of the Batch is brought into compliance or, if compliance is not attainable, that the Batch is disposed of in accordance with 21 CFR part 1317.

(d) The licensee may not accept hemp for processing from any source other than a person licensed by the Department, the USDA, or a state or tribe with a plan approved by USDA.

(e) If the Department discovers Cannabis at a Licensed Area for processing for which records are not available to prove that the Cannabis was received from a person licensed by the Department, USDA, or a state or tribe with a plan approved by USDA, the licensee shall ensure that the Cannabis is disposed of in accordance with 21 CFR part 1317. Any Cannabis or Cannabis product commingled with Cannabis for which those records are not available must also be disposed of in accordance with 21 CFR part 1317.

(f) A licensee may not Process or Handle any Cannabis that is not hemp.

(g) A licensee may Process or Handle hemp only on or in Licensed Areas.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 8 Hemp Processor Record Requirements

(a) A licensee who processes hemp must keep the following documentation available for inspection by the Department:

(i) Copies of all written agreements with licensed growers;

(ii) The Official Test Results of samples of Cannabis or hemp products.

(b) A licensee must keep and update monthly records and make them available for inspection by the Department upon request. These records must include:

(i) Hemp intake records, which must include:

(A) The name, location, and license number (Wyoming license number or other specific hemp grower identification number) for each grower from whom the licensee accepts hemp for processing;

(B) The date on which hemp is received;

(D) The hemp products for which each variety of hemp received will be used; and

(E) The Official Test Results providing evidence that the THC concentration level of all hemp received does not exceed the Acceptable Hemp THC Level.

(ii) Disposal records for all non-compliant Cannabis, Cannabis products, hemp, or hemp products, which must include:

(A) The date on which disposal occurred;

(B) The method of disposal;

(D) The name and title of the person that performed the disposal; and

(E) Any other information required by the CSA and 21 CFR part 1317.

(iii) Processing records, which must include:

(A) A list of hemp products made by the licensee; and

(B) A list of buyers or recipients of hemp products, including:

(I) The final destination of hemp products after leaving the licensee's facility;

(II) The description of each product sold or otherwise distributed;

(III) The quantity of each product sold or otherwise distributed; and

(IV) The date of distribution.

(c) A licensee must keep copies of all records, documents, and information required by these rules for at least three years and in a manner such that they can be readily provided to the Department upon request during reasonable business hours.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 9 Hemp Processor Inspection and Laboratory Testing

(a) Each licensee shall select a random sample from every Batch of hemp products made at each of the licensee's facilities that is of sufficient quantity to perform the required tests.

(b) Unless otherwise indicated by the Department, a licensee shall have a Certified Laboratory test every hemp product sample to determine whether the sample's THC concentration level exceeds the Acceptable Hemp THC Level. The licensee must obtain an Official Test Result from the Certified Laboratory for each sample tested.

(c) An Official Test Result showing that the THC concentration level of a sample of a Batch does not exceed the Acceptable Hemp THC Level is evidence that the whole Batch's THC concentration level does not exceed the Acceptable Hemp THC Level.

(d) A licensee shall not sell or otherwise distribute a hemp product unless the hemp product's THC concentration level does not exceed the Acceptable Hemp THC Level and meets all of the other processing requirements in these rules.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 10 Storage of Hemp

(a) Only licensees are authorized to store hemp.

(b) A licensee may store hemp obtained from a person licensed by the Department, USDA, or a state or tribe with a USDA approved plan if:

(i) The licensee identifies each storage facility on the license application;

(ii) The storage facility is owned or leased by the licensee; and

(iii) The licensee keeps complete and accurate records detailing the licensed growers from whom hemp at each storage facility was received, the varieties stored at each storage facility, and the amount of each hemp variety stored at each storage facility.

(c) A licensee must separate Harvested Lots in storage in such a manner that maintains the unique identity of each Harvested Lot. Hemp from one Lot may not be commingled with hemp from other Lots.

(d) If a licensee stores Cannabis or Cannabis products that have a THC concentration level that exceeds the Acceptable Hemp THC Level and they are commingled with hemp or hemp products, then the licensee must ensure that the non-compliant Cannabis or Cannabis products and the commingled hemp or hemp products are disposed of in accordance with Section 6 for Cannabis and hemp and in accordance with the CSA and 21 CFR part 1317 for Cannabis products and hemp products.

(e) The licensee must permit the Department to inspect all storage areas during reasonable business hours.

(f) The licensee must keep inventory records for hemp or hemp products stored, which must include:

(i) The date of inventory;

(ii) The location of stored hemp;

(iii) The name, address, and license number for each licensee that has hemp stored at the facility:

(iv) The total amount of each hemp product on hand for each licensee;

(v) The total amount of hemp and hemp seed of each variety on hand;

(vi) The total amount of unusable hemp and hemp seed of each variety on

hand; and

(vii) The name, signature, and title of the employee performing inventory.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 11 Incorporation by Reference

(a) For all regulations incorporated by reference in these rules:

(i) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any amendments or editions of the incorporated matter later than March 1, 2022;

(iii) The agency originally issuing the incorporated matter has copies of it readily available to the public; and

(iv) The Department maintains the incorporated regulations, which is available for public inspection and copying at cost at 2219 Carey Avenue, Cheyenne, WY 82002.

(b) The following regulations are incorporated by reference in these rules:

(i) 21 CFR part 1317 (2022), found electronically at: https://www.ecfr.gov/current/title-21/chapter-II/part-1317

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 12 Research

(a) A person that desires to produce or process hemp solely for research purposes must:

(i) Obtain a license from the Department; and applicable.

(ii) Submit all information required in Section 4, Section 8, or both, as applicable.

(b) A licensee that produces or processes hemp solely for research purposes is not subject to sampling by the Department.

(d) A Cannabis crop grown for a research licensee's research must be disposed of in accordance with Section 6 by December 1st of the year that it was grown. Reasonable samples from a crop grown by the research licensee may be kept for continued research and testing until May 1st following the year in which the crop was grown so long as the research licensee applies for renewal and receives a new license. A research licensee that Processes hemp solely for research purposes shall dispose of all Cannabis products in accordance with the CSA and 21 CFR part 1317.

(e) The research licensee shall provide proof of disposal to the Department unless the disposal is observed by the Department.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 13 Violations

(a) The Department will initiate a corrective action plan or revoke the license of any licensee who violates the requirements of the Hemp Statute or these rules.

(b) A licensee or Key Participant that violates the provisions of the Hemp Statute or these rules three times in a five year period shall be ineligible for a license to produce or process hemp for a period of five years beginning on the date of the third violation.

(i) Failure to provide a legal description of land on which the licensee produces Cannabis.

(ii) Failure to obtain a license.

(iii) Producing Cannabis with a THC concentration level that exceeds the Acceptable Hemp THC Level.

(d) A licensee may not provide false, misleading, or incorrect information pertaining to production or processing of hemp to the Department, including information provided in any application, report, or record.

(e) A licensee may not continue producing or processing hemp if, after receiving a license, the licensee is convicted of or pleads nolo contendre to a state or federal controlled substance felony.

(f) Persons with a revoked license shall not sell, Handle, transport, or otherwise allow into the stream of commerce any Cannabis, Cannabis product, hemp, or hemp product.

(g) If the Department revokes a license, the Department shall require that each Lot of Cannabis or Batch of Cannabis products currently being produced or processed under that license be disposed of unless the ex-licensee has an Official Test Result showing that each Lot or Batch has a THC concentration level that does not exceed the Acceptable Hemp THC Level.

(h) Disposal of Non-Compliant Cannabis and Cannabis Products.

(i) All disposal must be conducted in accordance with these rules.

(ii) If the Official Test Result of a Cannabis or Cannabis product sample shows that the sample's THC concentration level exceeds the Acceptable Hemp THC Level, all Cannabis or Cannabis products in the Lot, Batch, or other unit from which the sample was taken must be disposed of. The licensee is responsible for the cost of disposal. The USDA will be notified and supplied Official Test Results of Cannabis samples above the Acceptable Hemp THC Levels. Cannabis or Cannabis products that are in non-compliant Lots or Batches cannot be further Handled (unless remediation is an allowable form of disposal), processed, or enter the stream of commerce.

(iii) No person may move or transport Cannabis or Cannabis products subject to disposal except those persons authorized by 21 CFR part 1317.

(i) Cannabis that was Harvested prior to sampling by the Department must be disposed of as outlined in Section 6(f).

(j) No licensee shall receive a violation for any Lot that tests above the Acceptable Hemp THC Level if the Department determines that the Lot was required to be resampled because the Department collected a sample incorrectly or because the sample was damaged during transportation to the Certified Laboratory. Nevertheless, any Lot that tests above the Acceptable Hemp THC Level still must be disposed of.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 14 Corrective Action Plan

(a) A licensee that violates the requirements of the Hemp Statute or these rules must comply with a corrective action plan as prescribed by the Department.

(b) The corrective action plan for licensee violations shall include:

(i) A reasonable date by which the licensee will correct the violation;

(ii) A requirement that the licensee shall provide all requested compliance reports to the Department for a period of two years following the date of the violation.

(c) A licensee's violation will not be subject to criminal enforcement action by the federal, state, or local government except for violations found in subsection (f) of this section.

(d) The Department shall conduct inspections to determine if a corrective action plan has been implemented.

(e) If a subsequent violation occurs while a corrective action plan is in place, the Department will either:

(i) Institute a new corrective action plan, which may include quality control, training, or other quantifiable action requirements; or

(ii) Proceed to revoke the licensee's license.

(f) If the Department determines that a licensee has violated the Hemp Statute or these rules with a Culpable Mental State Greater Than Negligence the Department shall:

(i) Immediately report the licensee to the USDA, United States Attorney General, the prosecuting attorney for the jurisdiction where the violation occurred, and the State of Wyoming Attorney General; and

(ii) Either institute a corrective action plan or proceed to revoke the licensee's license.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 15 License Denial, Revocation, and Appeals

(a) The Department will deny a license application if:

(i) The applicant has made a materially false statement on the application;

(ii) The applicant failed to submit the appropriate fee;

(iii) The applicant failed to submit a correct and complete application; or

(iv) Any applicant or Key Participant of the applicant has been convicted of or pled nolo contendre to a state or federal controlled substance felony within the past 10 years. An exception applies to a person who was lawfully growing hemp under the federal Agricultural Act of 2014 before December 20, 2018, and whose conviction or nolo contendre plea also occurred before that date.

(b) The Department may deny a license application if the applicant has failed to comply with the Hemp Statute or these rules.

(c) If the Department denies a license application, the Department shall provide the applicant with a notice that includes:

(i) The specific reasons for the denial and citations to the applicable provisions of the Hemp Statute or these rules;

(ii) The actions, if any, that the applicant must take to qualify for a license;

(iii) Notice of the applicant's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(d) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(e) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(f) The Department shall notify the applicant of the time, date and place of the hearing at least seven days before the hearing date.

(g) If prior to the hearing the applicant corrects the deficiency and all other license requirements have been met, the Department may issue a license and cancel the hearing.

(h) If the Department decides to revoke a license, the Department will provide the licensee with a revocation notice, which shall state:

(i) That the license shall be revoked 15 days after mailing of the revocation notice and that all operations shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Hemp Statute or these rules;

(iii) That the licensee may request a hearing by submitting a request to the Department within 15 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made;

(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through - 115, and the Department's Rules of Practice and Procedure for Contested Case Hearings; and

(vi) That the licensee may appear in person or by counsel licensed to practice law in the State in Wyoming.

(i) The Department shall send all notices in this section by certified mail, return receipt requested.

(j) The director of the Department shall issue the final decision, accompanied by written findings of fact and conclusions of law.

(k) The Department shall deliver the final decision to the licensee by certified mail, return receipt requested.

(l) All hearings provided for in these rules shall be conducted in accordance with the Wyoming Administrative Procedure Act and the Department's Rules of Practice and Procedure for Contested Case Hearings. Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.

History

Effective 2024-05-23

Wyo. Code R. 010.0005.61.05232024 § 16 Fees

(a) The Department will assess the following fees:

(i) $200 per sampling conducted by the Department.

(ii) $200 per analysis conducted by the Department.

(iii) $250 for verification of effective disposal of Cannabis or Cannabis products in accordance with Section 13.

History

Effective 2024-05-23

Chapter 62 Pesticide Dealer and Applicator Recordkeeping and Reciprocal Licensing for Pesticide Applicators

Wyo. Code R. 010.0005.62.12182024 § 1 Authority

These regulations are promulgated in accordance with the authority provided in Wyoming Statute 35-7-362 and 35-7-374(a).

History

Effective 2024-12-18

Wyo. Code R. 010.0005.62.12182024 § 2 Definitions

Any applicable term defined in W.S. 35-7-354 or in the Chapter 28 Pesticide Applicator Certification regulations promulgated by the Board of Certification ("Chapter 28") has the same meaning throughout these regulations. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

History

Effective 2024-12-18

Wyo. Code R. 010.0005.62.12182024 § 3 Pesticide Dealer Recordkeeping Requirements

(a) Licensed pesticide dealers must maintain and retain accurate and legible records of all sales of restricted use pesticides for a period of two years.

(b) Licensed pesticide dealers must maintain records of all sales of restricted use pesticides to certified applicators at each dealership. Records must contain all of the following information:

(i) The date of the transaction;

(ii) The name and address of the purchaser;

(iii) The applicator's license number;

(iv) The certification categories listed on the applicator's license;

(v) The license expiration date;

(vi) The type of pesticide, including:

(A) The brand name,

(B) The EPA registration number, and

(I) The quantity of pesticides distributed or sold in the transaction.

(c) If an apprentice applicator seeks to obtain a restricted use pesticide from a licensed pesticide dealer on behalf of a commercial or private applicator, the licensed pesticide dealer must maintain records as required under subsection (b) of this section. A licensed pesticide dealer must also obtain:

(i) Documentation from the commercial or private applicator that authorizes the apprentice applicator to act on the commercial or private applicator's behalf;

(ii) The name and address of the apprentice applicator; and

(iii) The type of document from which the name and address was obtained.

History

Effective 2024-12-18

Wyo. Code R. 010.0005.62.12182024 § 4 Pesticide Applicator Recordkeeping

(a) Commercial applicators must maintain records for any commercial pesticide application. The records must include all of the following:

(i) The name and address of the person for whom the application was made, and if applicable, who purchased the pesticide;

(ii) The location of the pesticide application;

(iii) The size of the area treated;

(iv) The crop, commodity, stored product, or site to which the pesticide was applied;

(v) The pest controlled;

(vi) The pesticides applied, including:

(A) The brand name of the pesticide;

(B) The EPA registration number;

(D) The total amount of pesticide applied per location per application;

(E) The rate of application; and

(F) The method of application;

(I) The date and time of application;

(II) The temperature and wind direction and speed at the time of application;

(III) The name and certification number of the commercial applicator that made or supervised the application, and if applicable, the name of any apprentice commercial applicators that made the application under the direct supervision of the commercial applicator; and

(IV) The records required under Section 6 of Chapter 28.

(b) Records of customer notification required in Section 12 of Chapter 28.

(c) Private applicators must maintain records for restricted use pesticide applications that include all of the following:

(i) The brand or product name, and the EPA registration number of the restricted use pesticide that was applied;

(ii) The total amount of the restricted use pesticide applied;

(iii) The location of the application, the size of area treated, and the crop, commodity, stored product, or site to which a restricted use pesticide was applied. The location of the application may be recorded using any of the following designations:

(A) County, range, township, and section;

(B) An identification system utilizing maps, written descriptions, or both that accurately identify location;

(C) An identification system established by a United States Department of Agriculture agency that utilizes maps and numbering system to identify field locations; or

(D) The legal property description;

(iv) The month, day, and year on which the restricted use pesticide application occurred; and

(v) The name and license number of the private applicator who applied or who supervised the application of the restricted use pesticide.

(c) All persons required to keep records under this section must allow the Department to inspect them during normal working hours.

(d) Commercial and private applicators must maintain and retain all required accurate and legible records of all pesticides applied during an application for two years from the date of that application.

History

Effective 2024-12-18

Wyo. Code R. 010.0005.62.12182024 § 5 Reciprocal Licensing

(a) Non-resident applicators may apply for a reciprocal license if the other state accepts Wyoming licenses for reciprocity.

(b) To be eligible for a reciprocal license, the applicant must have been issued a license based on an examination in the reciprocating state.

(c) The Department will compare the applicator categories on the license from the issuing state with the relevant categories set forth in the Chapter 28. If the Department determines that the issuing state's category is not eligible for reciprocity and that category is required for applications that the reciprocal license applicant plans to make in Wyoming, the reciprocal license applicant will be ineligible for a reciprocal license.

(d) To receive a reciprocal license from the Department, the reciprocal license applicant must:

(i) Request that a letter from the licensing authority in the state where the applicator has been issued a license be sent to the Department. The letter must show that the reciprocal license applicant holds a license in good standing;

(ii) Complete all forms and submit any information the Department requires to process the application;

(iii) Submit a legible copy (front and back) of the current pesticide applicator license from the issuing state and a legible copy (front and back) of a valid government-issued photo identification; and

(iv) Submit a certificate of insurance or proof of bonding as required by W.S. 35-7-362. For federal government licensees, the insurance requirement does not apply.

(e) Reciprocal license holders may not directly supervise any apprentice applicator making applications in Wyoming.

(f) The Department may recognize any government classified license issued by the federal government and reciprocate as it would with any other license.

(g) Reciprocal license holders do not have to obtain continuing education to maintain their reciprocal licenses.

(h) A reciprocal license expires three years from the issuing date or on the date that the non-resident applicator's license from the reciprocating state expires, whichever comes earlier.

(i) A reciprocal license holder must immediately notify the Department of any violations he or she committed or any suspensions or revocations of any licenses or certifications he or she holds regardless of whether that license is the basis for the holder's Wyoming reciprocal license.

History

Effective 2024-12-18

Wyo. Code R. 010.0005.62.12182024 § 6 Reciprocal License Denial, Suspension, Revocation, and Appeals

(a) Any violation of these regulations, Chapter 28, or the Act may result in the denial, suspension, or revocation of any reciprocal license issued pursuant to the Act or these regulations.

(b) The Department will deny a reciprocal license application if:

(i) The applicant has made a materially false statement(s) on the application;

(ii) The applicant failed to submit the appropriate fee; or

(iii) The applicant failed to submit a correct and complete application.

(c) The Department may deny a reciprocal license application if the applicant has failed to comply with these regulations, Chapter 28, or the Act, or if the applicant has committed a violation related to pesticides in another state.

(d) If the Department denies a reciprocal license application, the Department shall provide the applicant with a notice that includes:

(i) The specific reasons for the denial and citations to the applicable provisions of the Act or regulations;

(ii) The actions, if any, that the applicant must take to qualify for a reciprocal license;

(iii) Notice of the applicant's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(e) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(g) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

(h) If prior to the hearing the applicant supplies evidence of correction and all other reciprocal license requirements have been met, the Department may issue a reciprocal license and cancel the hearing.

(i) Pursuant to W.S. 35-7-359, the Department may immediately suspend a reciprocal license upon discovery of any violation under W.S. 35-7-359(c), and may reinstate a suspended reciprocal license following a hearing pursuant to the Wyoming Administrative Procedure Act.

(j) If the Department suspends a reciprocal license, the Department shall provide the reciprocal licensee with a notice that includes:

(i) The specific reasons for the suspension and citations to the applicable provisions of the Act or regulations;

(ii) The actions, if any, that the reciprocal licensee must take to be eligible for reinstatement;

(iii) Notice of the reciprocal licensee's right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(k) If the reciprocal licensee wants a hearing to contest the suspension, the reciprocal licensee must request a hearing within 20 days of receiving the notice.

(l) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(m) The Department shall notify the reciprocal licensee of the time, date, and place of the hearing at least seven days before the hearing date.

(n) If prior to the hearing the reciprocal licensee supplies evidence of rectifying the violation that caused the suspension and the reciprocal licensee has not committed any other violations, the Department may reinstate the reciprocal license and cancel the hearing.

(o) If the Department receives notification that the reciprocal licensee's original certification has been terminated for any reason, including that the reciprocal licensee has been convicted under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act or has been subject to a final order imposing a civil penalty under section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, the Department will proceed to revoke the reciprocal licensee's license.

(p) If the Department decides to revoke a reciprocal license, the Department will provide the reciprocal licensee with a revocation notice, which shall state:

(i) That the reciprocal license shall be revoked 20 days after receipt of the revocation notice and that all pesticide applications shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Act, these regulations, or Chapter 28;

(iii) That the reciprocal licensee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made; and

(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with W.S. 16-3-107 through -115 and the Department's Rules of Practice and Procedures for Contested Case Hearings.

(q) The Department shall send all notices in this section by certified mail, return receipt requested.

(r) If the reciprocal licensee does not confirm attendance at the requested hearing within five days of the scheduled hearing, the Department will cancel the hearing.

(s) The director of the Department shall issue the final decision, accompanied by written findings of fact and conclusions of law.

(t) The Department shall deliver the final decision to the reciprocal licensee by certified mail, return receipt requested.

(u) Hearings: All hearings provided for in these rules shall be conducted in accordance with the Department's Rules of Practice and Procedures for Contested Case Hearings. Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.

History

Effective 2024-12-18

Chapter 63 Prohibited, Restricted, and Regulated Noxious Weed Seed List

Wyo. Code R. 010.0005.63.04172024 Prohibited, Restricted, and Regulated Noxious Weed Seed List

Chapter 63

Prohibited, Restricted, and Regulated Noxious Weed Seed Lists

Section 1. Authority. Pursuant to Wyoming Statute § 11-12-104(a), the Department of Agriculture promulgates these regulations.

Section 2. Definitions.

(a) "Large seeded crops" means crops with seeds the size of winter wheat or larger.

(b) "Small seeded crops" means crops with seeds smaller than winter wheat.

Section 3. Prohibited Noxious Weeds. The noxious weeds listed in this section are established as prohibited noxious weeds.

| | | | | --- | --- | --- | | Amaranth, Palmer | Amaranthus palmeri | | | Bindweed, field | Convolvulus arvensis L. | | | Blueweed | Echium vulgare L. | | | Burdock, common | Arctium minus (Hill) Bernh. | | | Bursage, skeletonleaf | Ambrosia tomentosa Nutt. | | | Camelthorn | Alhagi maurorum Medik. | | | Campion, bladder | Silene vulgaris (Moench) Garcke subsp. vulgaris | | | Crupina common | Crupina vulgaris Cass. | | | Daisy, oxeye | Leucanthemum vulgare Lam. | | | Dodder | Cuscuta spp. | | | Goatgrass, jointed | Aegilops cylindrical Host | | | Halogeton | Halogeton glomeratus (M. Bieb.) Ledeb. | | | Hawkweed, orange | Hieracium aurantiacum L. | | | Hemlock, poison | Conium maculatum L. | | | Henbane, black | Hyoscyamus niger L. | | | Hound's tongue | Cynoglossum officinale L. | | | Knapweed, black | Centaurea nigra L. | | | Knapweed, diffuse | Centaurea diffusa Lam. | | | Knapweed, meadow | Centaurea x moncktonii C. E. Britton | | | Knapweed, Russian | Rhaponticum repens L. Hidalgo | | | Knapweed, spotted | Centaurea stoebe subsp. micranthos (Gugler) Hayek | | | Knapweed, squarose | Centaurea squarrosa Willd. | | | Loosestrife, purple | Lythrum salciaria L. | | | Medusa-head | Taeniatherum caput-medusae (L.) Nevski subsp. caput-medusae | | | Millet, wild proso | Panicum milliaceum L. subsp. ruderale (Kitag.) Tzvelev | | | Olive, Russian | Elaeagnus angustifolia L. | | | Pepperweed, perennial | Lepidium latifolium L. | | | Puncturevine | Tribulus terrestris L. | | | Quackgrass | Elymus repens L. Desv. ex Nevski | | | Saltcedar | Tamarix spp. | | | Salvation jane | Echium plantagineum L. | | | Sandbur, field | Cenchrus incertus M. A. Curtis | | | Sandbur, longspine (mat) | Cenchrus longispinus (Hack.) Fernald | | | Skeletonweed, rush | Chondrilla juncea L. | | | Sowthistle, perennial | Sonchus arvensis L. | | | Spurge, leafy | Euphorbia esula L. | | | Starthistle, purple | Centaurea calcitrapa L. | | | Starthistle, yellow | Centaurea solstitialis L. | | | St. Johnswort | Hypericum perforatum L. | | | Swainsonpea | Sphaerophysa salsula (Pall) DC. | | | Tansy, common | Tanacetum vulgare | | | Thistle, Canada | Cirsium arvense (L.) Scop. | | | Thistle, musk | Carduus nutans L. | | | Thistle, plumeless | Carduus acanthoides L. | | | Thistle, Scotch | Onopordum acanthium L. | | | Toadflax, Dalmatian | Linaria dalmatica (L.) Mill. | | | Toadflax, yellow | Linaria vulgaris Mill. | | | Tussock, serrated | Nassella trichotoma (Nees) Hack. ex Arechav. | | | Whitetop | Lepidium draba L. | | | Woad, dyers | Isatis tinctoria L. | | | | | |

Section 4. Restricted Noxious Weeds. The noxious weeds listed in this section are established as restricted noxious weeds. The tolerance for restricted noxious weeds, unless otherwise stated, shall be 50 seeds per pound in small seeded crops and five seeds per pound in large seeded crops.

| | | | --- | --- | | Cinquefoil, sulphur | Potentilla recta L. ‘Warrenii' | | Dock, curly | Rumex crispus L. | | Knotweed, Japanese | Fallopia japonica (Houtt.) Ronse Decr. | | Lettuce, blue | Lactuca tatarica subsp. pulchella (Pursh) Stebbins | | Licorice, wild | Glycyrrhiza lepidota Pursh | | Mallow, Venice | Hibiscus trionum L. | | Mustard, wild | Sinapis arvensis L. subsp. arvensis | | Oat, wild | Avena fatua L. | | Plantain, buckhorn | Plantago lanceolata L. | | Povertyweed | Iva axillaris Pursh | | Ragweed, perennial | Ambrosia psilostachya DC. |

Section 5. Regulated Weeds. The noxious weeds listed in this section are established as regulated noxious weeds. The tolerance for regulated noxious weeds is specified for each species as shown below.

(a) Cheat Bromus secalinus L. - Tolerance shall be 1,200 seeds per pound.

(b) Downy brome Bromus tectorum L. - Tolerance shall be 1,200 seeds per pound.

(d) Japanese brome Bromus japonicus Thunb. - Tolerance shall be 1,200 seeds per pound.

(e) Ripgut brome Bromus diandrus Roth var. rigidus (Roth) Sales - Tolerance shall be 1,200 seeds per pound.

(f) Ventenata Grass Ventenata dubia - Tolerance shall be 1,200 seeds per pound.

History

Effective 2024-04-17

Chapter 64 Applicator Certification Rules and Regulations

Wyo. Code R. 010.0005.64.01082025 Applicator Certification Rules and Regulations

Chapter 64

Applicator Certification Rules and Regulations

Section 1. Authority. Pursuant to the authority vested in the Board of Certification by virtue of WS 35-7-355 1977, as amended and WS 16-3-101 through 16-3-115, the following rules and regulations pertaining to the certification and licensing of pesticide applicators are hereby promulgated and adopted until May 1, 2025, when they will be superseded by Chapter 28.

Section 2. Definitions. Terms used in these regulations are in addition to those set forth in WS 35-7-354 1977, as amended. The following terms shall have the meaning stated below:

(a) Accident means an unexpected, undesirable event, caused by the use of, or presence of a pesticide, that adversely affects man or the environment.

(b) Act means the Wyoming Environmental Pesticide Control Act of 1973.

(c) Agricultural Commodity means any plant, or part thereof, or animal or animal product, produced by a person primarily for sale, consumption, propagation or other use by man or animals.

(d) Applicator means any individual certified in one of the following license classifications:

(i) Commercial Applicator means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified as restricted use for any purpose or on any property other than as provided under the definition of Private Applicator.

Commercial Applicator also means a certified applicator who uses or supervises the use of any pesticide during any commercial application as defined by paragraph (f) of this section.

(ii) Private Applicator means any certified applicator who uses or supervises the use of any restricted use pesticide which is restricted to use by certified applicators and only for purposes of producing any agricultural commodity on property owned by him or his employer or under his control or (is applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

(e) Calibration of Equipment means measurement of dispersal or output of application equipment and adjustments of such equipment to control the rate of dispersal, and droplet or particle size of a pesticide dispersed by the equipment.

(f) Commercial Application means the application of any pesticide, (excluding sanitizers/disinfectants), done by contract or hire.

(g) Director means the Director of Agriculture for the State of Wyoming or his designated Department of Agriculture employee.

(h) Common Exposure Route means a likely way (oral, dermal, respiratory) by which a pesticide may reach and/or enter an organism.

(i) Compatibility means that property of a pesticide that permits its use with other chemicals without undesirable results being caused by the combination.

(j) Competent means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and associated responsibility.

(k) Direct Supervision means (unless otherwise prescribed by the labeling) the act or process whereby any application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available, within a reasonable time and distance, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(i) At a minimum, availability of the certified applicator must be directly related to the hazard of the situation. The certified applicator must be available by immediate contact through telephone or radio, or must be physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.

(l) Environment means water, air, land and all plants, man or other animals living therein, and the relationships which exists among them.

(m) Equipment means any equipment or contrivance used to apply pesticides to the environment, but shall not include any pressurized hand-size household apparatus used to apply pesticides.

(n) Forest means a concentration of trees and related vegetation in non-urban areas sparsely inhabited by and infrequently used by humans, characterized by natural terrain and drainage patterns.

(o) General Use Pesticide means any pesticide formulation not classified as restricted use.

(p) Hazard means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.

(q) Host means any plant or animal on or in which another lives for nourishment, development or protection.

(r) Label means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(s) Labeling means the label and all other written, printed or graphic matter:

(i) accompanying the pesticide or device at any time; or

(ii) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency; the United States Department of Agriculture and Interior; the Department of Health, Education and Welfare; state experiment stations; state agricultural colleges; and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

(t) Land means all land and water areas, including air space, and all plants, animals, structures, buildings and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(u) Licensed Pesticide Dealer means any person who makes available for use any restricted use pesticide, or who offers to make available for use any restricted use pesticide.

(v) Make Available For Use means to distribute, sell, ship, deliver for shipment, or receive and (having so received) deliver for use by any person. However, the term shall not include transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail dealers acting only in those capacities.

(w) Minor Crops Grown for Seed means alfalfa grown for seed, turf grasses grown for seed, forage grasses grown for seed, trefoils grown for seed, vetch grown for seed, clovers grown for seed, miscellaneous vegetables grown for seed, miscellaneous legumes grown for seed, miscellaneous Brassica sp. grown for seed, sunflowers grown for seed and miscellaneous tree and shrub sp. grown for seed.

(x) Non-Target Organism means a plant or animal other than the one against which the pesticide is applied.

(y) Ornamental means trees, shrubs and other plantings in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial and institutional buildings.

(z) Persistence means that period of time a pesticide and its biologically active metabolites remain in the environment.

(aa) Person means any individual, partnership, association, corporation or any organized group of persons whether incorporated or not.

(bb) Pest means any insect, snail, slug, rodent, predator, nematode, fungi, weed or other form of terrestrial or aquatic plant, or animal life, or virus, bacteria, or other micro-organisms (except viruses, bacteria, or other micro-organisms in or on living man or other living animals) which the board of certification declares to be a pest.

(cc) Protective Equipment means clothing or any other material or devices that shield against unintended exposure to pesticides.

(dd) Regulated Pest means a specific organism considered to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man and/or his environment.

(ee) Restricted-Use Pesticide means any pesticide product, the label of which states "restricted use" as required for registration by the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended.

(ff) Susceptibility means the degree to which an organism is affected by a pesticide at a particular level of exposure.

(gg) Toxicity means the property of a pesticide to cause any adverse physiological effects.

Section 3. Licensing Requirements for Commercial Applicators.

(a) Any person making a commercial application of any pesticide, will be required to obtain a commercial applicators license, prior to any such commercial application of a pesticide.

Section 4. Certification Categories for Commercial Applicators.

(a) Procedure. Certification categories for Commercial Applicators using or supervising the use of any pesticide are identified below:

(b) Categories:

(i) Cat. 901 Agricultural Pest Control

(A) Weed Control. This subcategory includes commercial applicators using or supervising the use of any pesticide for weed control in production of agricultural crops, including but not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed grains, forage, vegetables, small fruits, as well as on grasslands and non-crop agricultural lands.

(B) Insect Control. This subcategory includes commercial applicators using or supervising the use of any pesticide for insect control in production of agricultural crops, including but not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed grains, forage, vegetables, small fruits, as well as on grasslands and non-crop agricultural lands.

(C) Disease Control. This subcategory includes commercial applicators using or supervising the use of any pesticide for disease control in production of agricultural crops, including but not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed grains, forage, vegetables, small fruits, as well as on grasslands and non-crop agricultural lands.

(D) Animal. This subcategory includes commercial applicators using or supervising the use of any pesticide on animals, including but not limited to, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined. Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large scale use of pesticides are included in this category.

(E) Rodent Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control rodents in production of agricultural crops, including but not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, feed grains, forage, vegetables, small fruits, as well as on grasslands and non-crop agricultural lands.

(F) Chemigation. This subcategory includes commercial applicators using or supervising the use of any pesticide through an irrigation system. Certification in this subcategory requires concurrent certification in one or more applicable subcategories under category 901, Agricultural Pest Control.

(ii) Cat. 902 Forest Pest Control. This category includes commercial applicators using or supervising the use of any pesticide in forests, forest nurseries, and forest seed producing areas.

(iii) Cat. 903 Ornamental and Turf Pest Control.

(A) Weed Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control weeds in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(B) Insect Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control insects in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(C) Disease Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control plant disease in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(D) reserved

(E) Rodent Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control rodents in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(iv) Cat. 904 Seed Treatments. This category includes commercial applicators using or supervising the use of any pesticide on seed.

(v) Cat. 905 Aquatic Pest Control. This category includes commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in category 908 below.

(vi) Cat. 906 Right-of-Way Pest Control. This category includes commercial applicators using or supervising the use of any pesticide in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way or other similar areas.

(vii) Cat. 907 Industrial, Institutional, Structural and Health Related Pest Control. This category includes commercial applicators using or supervising the use of any pesticide, in, on or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial establishments/sites including warehouses and grain elevators and any other structures and/or adjacent areas, public or private, and for the protection of stored, processed or manufactured products.

(A)-(F) reserved

(G) Fumigation. This subcategory includes commercial applicators using or supervising the use of pesticides, in gaseous form, within enclosed gas tight spaces (tents, structures, vehicles or vessels), for a wide range of commodities and conditions.

(H) Bird Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control pest birds.

(viii) Cat. 908 Public Health Pest Control. This category includes state, federal or other governmental employees using or supervising the use of any pesticide in public health programs for the management and control of pests having medical and public health importance.

(ix) Cat. 909 Regulatory Pest Control. This category includes state, federal or other governmental employees who use or supervise the use of any pesticide in the control of regulated pests.

(A)-(D) reserved

(E) Rodent Control. This subcategory includes state, federal or other governmental employees who use or supervise the use of any pesticide to control rodents.

(F)-(G) reserved

(H) Bird Control. This subcategory includes state, federal or other governmental employees who use or supervise the use of any pesticide to control pest birds.

(I) Vertebrate Pest Control. This subcategory includes state, federal or other governmental employees who use or supervise the use of any pesticide for the control of vertebrate pests.

(J) M-44. This subcategory includes state, federal or other governmental employees who use m-44 devices to control coyotes.

(K) Livestock Protection Collar. This subcategory includes state, federal or other governmental employees who use LP Collars on sheep to control coyotes.

(x) Cat. 910 Demonstration and Research Pest Control. This category includes: individuals who demonstrate to the public the proper use and techniques of application of any pesticide or supervise such demonstration, and persons conducting field research with pesticides, and in doing so, use or supervise the use of any pesticide. Included in the first group are such persons as extension specialists and county agents, commercial representatives demonstrating pesticide products and/or making crop/pest control recommendations, and those individuals demonstrating methods used in public programs.

The second group includes: state, federal, commercial and other persons conducting field research on or utilizing any pesticide.

(xi) Cat. 911 Specific Use Pest Control. This category includes commercial applicators who use or supervise the use of any pesticide which the board of certification determines does not adequately fit in any of the above (10) major categories.

(A)-(K) reserved

(L) Wood Preservatives and/or Wood Treatment. This subcategory includes commercial applicators who use or supervise the use of any pesticide, at treating plants and saw mills, for preservative treatment of wood by pressure, dipping, soaking, and diffusion processes to produce a commodity for sale and/or installation. This subcategory also includes the handling and topical application and injection of wood preservatives, for operations such as ground line pole treatment, waterproofing, millwork cutoffs, or supplemental field treatment.

(M) Non-Government M-44. This subcategory includes commercial applicators who ARE NOT government employees, who use the M-44 device for the control of coyotes.

(N) Non-Government Livestock Protection Collar. This subcategory includes commercial applicators who are not government employees, who use the LP Collar for the control of coyotes.

(O) Mosquito Control. This subcategory includes commercial applicators using or supervising the use of any pesticide to control mosquitos.

(P) Sewer Line Root Control. This subcategory includes commercial applicators using or supervising the use of any pesticide (including Metam Sodium or Dichlobenil) for sewer line root control.

(xii) Cat. 912 Aerial Application. This category includes commercial applicators using or supervising the use of any pesticide applied by fixed or rotary wing aircraft. In addition to certification in this category, certification is also required in one or more of the other categories listed under paragraph (b) of this section appropriate to the type of application being performed.

Section 5. Standards for Certification of Commercial Applicators.

(a) Determination of Competency. Competence in the use and handling of pesticides shall be determined on the basis of written examination and as appropriate, performance testing, based upon standards set forth below. Such examinations and testing shall include the general standards applicable to all categories: the additional standards specifically identified for each category-subcategory(if any) in which a commercial applicator is to be classified; and, as appropriate, any special standards established pursuant to Section 11 of these regulations.

(b) General standards of competency for all categories of certified commercial applicators.

(i) All commercial applicators shall demonstrate, by examination, practical knowledge of the principles and practices of pest control and safe use of pesticides. Testing shall be based on examples of problems and situations; appropriate to the particular category or subcategory of the applicators' certification and the following areas of competency:

(A) Label and Labeling Comprehension.

(I) The general format and terminology of pesticide labels and labeling, including all written, printed or graphic matter associated with the product;

(II) The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

(III) Classification of the product, general or restricted use.

(IV) Necessity for use consistent with the label.

(B) Safety.

(I) Pesticide toxicity and hazard to man, including all common exposure routes (dermal, inhalation and ingestion).

(II) Common types and causes of pesticide accidents;

(III) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

(IV) Need for and use of protective clothing and equipment;

(V) Symptoms of pesticide poisoning;

(VI) First aid and other procedures to be followed in case of a pesticide accident; and

(VII) Proper identification, storage, transport, handling, mixing and disposal methods for pesticides, disposal of pesticide containers, including precaution to be taken to prevent children from having access to pesticides and pesticide containers.

(I) Weather and other climatic conditions;

(II) Types of terrain, soil and other substrate;

(III) Groundwater aquifer vulnerability;

(IV) Presence of fish, wildlife and non-target organisms;

(V) Presence of endangered species; and

(VI) Drainage patterns.

(D) Pests.

(I) Common features of pest organisms and characteristics of damage needed for pest recognition;

(II) Recognition of relevant pests; and

(III) Pest development and biology as it may be relevant to problem identification and control.

(E) Pesticides.

(I) Types of pesticides;

(II) Types of formulations;

(III) Compatibility, synergism, persistence and animal and plant toxicity to the formulations;

(IV) Hazards and residues associated with use;

(V) Factors which influence effectiveness or lead to such problems as resistance to pesticides; and

(VI) Dilution procedures.

(F) Equipment.

(I) Types of application equipment and advantages and limitations of each type; and

(II) Uses, maintenance and calibration.

(G) Application Techniques.

(I) Methods of procedure used to apply various formulations of pesticides, solutions and gases, together with a knowledge of which technique of application to use in a given situation;

(II) Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

(III) Prevention of drift and pesticide loss into the environment.

(H) Laws and Regulations.

(I) Applicable state and federal laws and regulations; and

(II) Worker Protection Standards as they apply to farms, forests, nurseries and greenhouses.

(c) Specific standards of competency for each category and/or subcategory. Commercial applicators when certifying in a specific category, shall be particularly qualified in that category as elaborated below:

(i) Cat. 901 Agricultural Pest Control.

(A) Weed Control. Applicators must demonstrate, by examination, practical knowledge of the crops grown and the specific weeds of those crops on which they may be using pesticides. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury· and community problems resulting from the use of pesticides in agricultural areas.

(B) Insect Control. Applicators must demonstrate, by examination, practical knowledge of the crops grown and the specific insects of those crops on which they may be using pesticides. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of pesticides in agricultural areas.

(C) Disease Control. Applicators must demonstrate, by examination, practical knowledge of the crops grown and the specific diseases of those crops on which they may be using pesticides. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity and potential for environmental contamination, non-target injury and community problems resulting from the use of pesticides in agricultural areas.

(D) Animal. Applicators applying pesticides directly to animals must demonstrate, by examination, practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and potential residue, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, ages of animals, stress and extent of treatment.

(E) Rodent Control. Applicators shall demonstrate, by examination, practical knowledge of detrimental rodents found in agricultural situations, the potential impact on the environment of pesticides used in rodent control programs, and knowledge of factors influencing introduction, spread and population dynamics of relevant pests. In addition, use requires particular ability that relates to integrated knowledge of the locale, target species and damage patterns caused by the target species.

(F) Chemigation. Applicators shall demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of anti-back flow/check valves to prevent contamination of water supplies. They shall demonstrate knowledge of labeling requirements of products registered for chemigation, including posting requirements. Further, they shall demonstrate knowledge of appropriate use of personal protective equipment associated with this type of application.

(ii) Cat. 902 Forest Pest Control. Applicators shall demonstrate, by examination, practical knowledge of the types of forest, forest nurseries and seed production in Wyoming and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. The applicator must demonstrate, by examination, practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects of wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.

(iii) Cat. 903 Ornamental and Turf Pest Control.

(A) Weed Control. Applicators shall demonstrate, by examination, practical knowledge of pesticide problems associated with weed control in the production and maintenance of ornamental trees, shrubs, plantings and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate, by examination, practical knowledge of application methods which will minimize or prevent hazards to humans, pets and other domestic animals.

(B) Insect Control. Applicators shall demonstrate, by examination, practical knowledge of problems associated with insect control in the production and maintenance of ornamental trees, shrubs, plantings and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift and persistence beyond the extended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate, by examination, practical knowledge of application methods which will minimize or prevent hazards to humans, pets and other domestic animals.

(C) Disease Control. Applicators shall demonstrate, by examination, practical knowledge of pesticide problems associated with disease control in the production and maintenance of ornamental trees, shrubs, plantings and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitation to application activities, applicators in this subcategory must demonstrate, by examination, practical knowledge of application methods which will minimize or prevent hazards to humans, pets and other domestic animals.

(D) reserved

(E) Rodent Control. Applicators shall demonstrate, by examination, practical knowledge of detrimental rodents found in ornamental and turf situations, the potential impact of the environment on pesticides used in rodent control programs, and knowledge of factors influencing introduction, spread and population dynamics of relevant pests. In addition, use requires particular ability that relates to integrated knowledge of the locale, target species and damage patterns caused by the target species.

(iv) Cat. 904 Seed Treatment. Applicators shall demonstrate, by examination, practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface active agents which influence pesticide binding and may effect germination. They must demonstrate, by examination, practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seed.

(v) Cat. 905 Aquatic Pest Control. Applicators shall demonstrate, by examination, practical knowledge of the secondary effects which can be avoided by proper application rates, correct formulations and correct application of pesticides used in this category. They shall demonstrate, by examination, practical knowledge of various water use situations and the potential of downstream effects. Further, they must have a practical knowledge concerning pesticide effects on plants, fish, birds, beneficial insects, and other organisms which may or may not be present in aquatic environments. These applicators shall demonstrate, by examination, practical knowledge of the principles of limited area application.

(vi) Cat. 906 Right-of-Way Pest Control. Applicators shall demonstrate, by examination, practical knowledge of a wide variety of environments since rights-of-way can traverse many different terrains, including waterways. They shall demonstrate, by examination, practical knowledge of problems of runoff, drift and excess foliage destruction and ability to recognize target organisms. They shall also demonstrate, by examination, practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities on the adjacent areas and communities.

(vii) Cat. 907 Industrial, Institutional, Structural and Health Related Pest Control. Applicators must demonstrate, by examination, a practical knowledge of a wide variety of pests including their life cycles, types of formulations appropriate for their control and methods of application that avoid contamination of food, damage and contamination of habitation, and exposure of people and pets. Since human exposure is a potential problem, applicators must demonstrate, by examination, practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this category. Because health related pest control may involve outdoor applications, applicators must also demonstrate, by examination, practical knowledge of environmental conditions, particularly related to this activity.

(A)-(F) Reserved

(G) Fumigation. Applicators shall demonstrate practical knowledge of

conditions requiring the application of fumigants, and selection of the most appropriate fumigation methods to use. They shall demonstrate knowledge of equipment used in fumigation, such as application, monitoring, testing, calculating, and personal protective devices. Applicators shall demonstrate ability to release, distribute and maintain the correct fumigant concentrations for the product/structure being fumigated, under differing conditions. They shall also have knowledge of the hazards involved with the use of fumigants, including requirements for properly ventilating enclosed spaces after application.

(H) Bird Control. Applicators shall demonstrate practical knowledge of protected and unprotected pest birds and conditions conducive to bird problems. They shall demonstrate knowledge of all applicable laws and regulations protecting birds and the actions required in order to control protected pest species. Applicators shall demonstrate knowledge of bird control methods and the hazards involved with pesticide usage, especially secondary poisoning of non-target organisms.

(viii) Cat. 908 Public Health Pest Control. Applicators shall demonstrate, by examination, practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are involved, and it is essential they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have a practical knowledge of the importance and employment of such non-chemical control methods as sanitation, waste disposal and drainage. This category does not include control of vertebrate pests which are disease vectors. (Vertebrate disease vectors are included in paragraph (c)(ix)(H) of this section)

(ix) Cat. 909 Regulatory Pest Control. Applicators shall demonstrate, by examination, practical knowledge of regulated weeds, insects and diseases, and the potential impact to the environment of pesticides used in control programs. They shall demonstrate, by examination, knowledge of factors influencing introduction, spread and population dynamics on relevant pests.

(A)-(D) reserved

(E) Rodent Control. Applicators shall demonstrate practical knowledge of detrimental rodents, the potential impact on the environment of pesticides used in rodent control programs and knowledge of factors influencing the introduction, spread and population dynamics of relevant pests. In addition, applicators shall demonstrate integrated knowledge of the locale, target species and damage patterns caused by the target species.

(F)-(G) reserved

(H) Bird Control. Applicators shall demonstrate practical knowledge as indicated under paragraph (c)(vii)(G) of this Section.

(I) Vertebrate Pest Control. Applicators shall demonstrate, by examination, practical knowledge of regulated vertebrate pests (excluding birds) and, the potential impact on the environment of pesticides used in control programs. They shall demonstrate, by examination, knowledge of factors influencing introduction, spread and population dynamics of relevant pests. In addition, use requires particular ability that relates to integrated knowledge of the locale, target species and damage patterns caused by the target species.

(J) M-44. Applicators shall demonstrate practical knowledge on the use of the M-44 device to control coyotes, including the history of the M-44 device, toxic effects of sodium cyanide, first aid for cyanide poisoning, M-44 parts and their use, preparation of the M-44 for use, setting the M-44, the use of baits and attractants, selecting M-44 use sites, EPA use restrictions, and all reporting and record keeping requirements pertaining to the use of M-44's. Applicators shall also demonstrate knowledge of basic coyote information, characteristics of predatory species, and use of alternative methods for predator control. Certification in this subcategory shall require separate and specific training, examination and certification.

(K) Livestock Protection Collars. Applicators shall demonstrate practical knowledge on the use of the Livestock Protection Collar to control coyotes, including criteria for applicators, specific certification requirements for applicators, monitoring protocols and labeling and the use of the technical bulletin on the LP Collar. Applicators shall also demonstrate knowledge of procedures for evaluating predation on livestock and wildlife, and all reporting and record keeping requirements pertaining to the use of the LP Collar. Certification in this subcategory shall require separate and specific training, examination and certification.

(x) Cat. 910 Demonstration and Research Pest Control. Applicators demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstrations, and practical knowledge of problems, pest and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide - organism interactions and the importance of integrating pesticide use with other control methods. In addition, they shall meet the specific standards required for categories 901 through 909 of this section as they may be applicable to their particular activity.

Persons conducting field research or method improvement work with pesticides should know the general standards under paragraph (b) of this section. In addition, they shall meet the specific standards required for categories 901 through 909 of this section, applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under "demonstration".

(xi) Cat. 911 Specific Use Pest Control. Applicators shall demonstrate, by examination, practical knowledge of the specific pest to be controlled, and the potential impact on the environment of the specific pesticide to be used. The applicator shall also demonstrate, by examination, practical knowledge concerning all pertinent factors influencing application methods, hazards to the applicator and the public, and any other factors which the Board of Certification deems of importance for the specific pesticide. The Board of Certification will develop the examination only after consulting with the manufacturer of the specific restricted-use pesticide. Because of the unusual nature of these specific pesticides, neither the Board of Certification, the Wyoming Department of Agriculture, nor the University of Wyoming will be required or expected to provide training for applicators prior to the examination. Notwithstanding the provisions under Section 6(k) dealing with training for re-certification, the board of certification is not required to approve training courses for re-certification, and the board of certification may require the applicator to be re-examined to maintain certification.

(A)-(K) reserved

(L) Wood Preservation. Applicators shall demonstrate practical knowledge of conditions for which preservative treatment of wood is used. Applicators shall demonstrate a knowledge of all laws specific to the use of wood preservatives, the health and environmental hazards associated with wood treating procedures, and the need for informing purchasers of precautions for handling, use, and disposal of treated wood products. They shall demonstrate knowledge of all applicable treating and testing equipment, structural wood destroying organisms, conditions conducive to infestation and shall demonstrate knowledge and ability to select, calibrate and use appropriate control procedures.

(M) Non-Government M-44. Applicators shall demonstrate practical knowledge as indicated under paragraph (c)(ix)(i) of this section.

(N) Non-Government Livestock Protection Collar. Applicators shall demonstrate practical knowledge as indicated under paragraph (c)(ix)(J) of this section.

(O) Mosquito Control. Applicators shall demonstrate practical knowledge of appropriate life cycles and habitats of mosquito populations which form the basis of a control strategy. Applicators shall have practical knowledge of a great variety of environments ranging from exterior water sources to those conditions found in buildings and also have knowledge of non-chemical control methods such as sanitation, waste disposal and drainage.

(P) Sewer Line Root Control. Applicators shall demonstrate by practical knowledge of various technical aspects of sewer line root control, with emphasis on the safe use and application of chemical products, especially those which contain metam sodium, a restricted-use pesticide.

(xii) Cat. 912 Aerial application. Applicators shall demonstrate practical knowledge of aerial equipment calibration and maintenance and the avoidance of problems associated with aerial application, such as drift and non-target injury. In addition, applicators will demonstrate knowledge appropriate to the type of aerial application being performed through their additional certification in one or more of the categories listed under paragraph (c) of this section.

(d) The above standards do not apply to the following persons for purposes of these regulations:

(i) Persons conducting research in a laboratory, involving pesticides; and

(ii) Doctors of Medicine and Doctors of Veterinary Medicine applying drugs or medication during the course of their normal practice and who do not publicly represent themselves as pesticide applicators.

Section 6. Certification of Commercial Applicators

(a) Each applicant requiring examination or re-examination for any reason, shall be required to take the examination at a time and place to be specified by and under the direction of the Director of Agriculture in accordance with the conditions and provisions herein. Applications to be provided by the department.

(b) New applicants, upon successful completion of examination(s), shall submit with the application for licensing, a fee, payable to the Wyoming Department of Agriculture. All fees submitted shall be non-refundable.

(i) Commercial Applicator - $25.00 License fee.

(c) Applicants, upon meeting re-certification requirements shall submit with the application for licensing, a fee payable to the Wyoming Department of Agriculture. All fees submitted shall be non-refundable.

(i) Commercial Applicator - $25.00 Renewal fee.

(d) Employees of governmental entities are exempted from paying the fees, when the license is used in the performance of their official duties.

(e) Applicants for examination or re-examination may be tested at the Cheyenne office of the Wyoming Department of Agriculture during regular office hours at any time convenient to both the applicant and the department. Applicants may also be tested at other locations, at the convenience of the applicant, the department or the proctor designated by the department.

(f) Applicants for examination or re-examination shall be required to obtain a minimum score of seventy (70) percent on the general examination and in all specific categories or sub-categories in which they are tested, in order to qualify for a commercial applicators license.

(g) Applicants shall be notified in writing of the results of any examination as soon as possible, but in no case shall it exceed thirty (30) days.

(h) Failure to receive a passing score on any examination shall require that the applicant be re-examined only in that category which he failed.

(i) Any applicant who fails to obtain a passing score on two (2) successive examination attempts will be required to attend a training program for new applicators approved by the Director prior to taking any examination a third time.

(j) Applicants who have been examined and found qualified for certification as a commercial applicator shall be issued a license in the appropriate categories or sub-categories, provided that all other requirements for certification have been fully complied with. The license for commercial applicators shall be issued for that portion of the calendar year in which the license is issued or reviewed plus twenty-five (25) months and shall expire on January 31 of the appropriate year.

(k) The Board of Certification shall allow commercial applicators to become re-certified by one of the following methods:

(i) Accumulate 24 hours of approved training during the valid years of the applicators license.

(ii) Attend the annual re-certification short course.

(iii) Re-examination in all applicable categories. Any extenuating circumstances may be submitted to the board of certification for review.

(l) Any applicator who has had his license suspended shall, prior to re-instatement, be required to re-take all applicable examinations and achieve a passing grade before operations may be resumed, and shall be considered on probation for a period of one (1) year thereafter. Any violation of the Wyoming Environmental Pesticide Control Act of 1973 or Chapter XXVIII, Applicator Certification Rules and Regulations, during the period of probation shall be cause for immediate revocation of license for up to three (3) years.

(m) The Wyoming Pesticide Board of Certification shall in all cases adhere to the Wyoming Administrative Procedures Act when revoking, canceling or suspending any commercial or general applicators license.

(n) Non-resident applicators who meet Wyoming certification requirements and present proper documentation (applicator license and letter of verification), may be considered certified in Wyoming and may be issued a license in the appropriate category. However, reciprocal certification will be extended only to applicants from those states that accept Wyoming certification for reciprocity.

Section 7. Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators.

(a) At a minimum, availability of the certified applicator must be directly related to the hazard of the situation. For all applications conducted by non-certified person(s), the certified applicator must be available by immediate contact through telephone or radio. In addition, the certified applicator must be physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.

(b) When required by the pesticide product label, the certified applicator shall be physically present on-site at all times during the application.

(i) Verifiable (written) instruction to the competent person,

(ii) Detailed guidance for applying the pesticide properly.

(iii) A copy of the appropriate pesticide product label and Material Safety Data Sheet (MSDS).

(iv) The certified applicator being physically on-site within a reasonable period of time.

Section 8. Certification Categories for Private Applicators

(a) Procedure. Certification categories for applicators (other than commercial) using or supervising the use of restricted use pesticides are identified below:

(b) Categories:

(i) Cat. 01001 General Certification. This category includes private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities, including but not limited to, sugar beets, corn, beans, alfalfa, potatoes, small grains, forage, vegetables, small fruits, as well as grasslands and non-crop agricultural lands. This category also includes private applicators using or supervising the use of restricted use pesticides on animals and to places on or in which animals are confined.

(ii) Cat. 01002 Product Specific. This category includes private applicators who use or supervise the use of a "single" restricted use pesticide or a restricted use pesticide which the Board of Certification determines does not adequately fit in any of the other private applicator categories, (i.e., wood treatment products).

(iii) Cat. 01003 M-44(Sodium Cyanide). This category includes private applicators using the M-44 device for the purpose of controlling coyotes.

(iv) Cat. 01004 Livestock Protection Collar. This category includes private applicators using the LP Collar for the purpose of controlling coyotes.

(v) Cat. 01005 Chemigation. This category includes private applicators using or supervising the application of restricted use pesticides through an irrigation system. Certification in this category requires concurrent certification in Category 01001.

Section 9. Standards for Certification of Private Applicators

(a) Determination of Competency. Competence in the use and handling of restricted-use pesticides by a private applicator will be determined by procedures set forth below. As a minimum requirement for certification, a private applicator must show that he possesses a practical knowledge of the pest problems and pest control practices associated with his agricultural operation; proper storage, use, handling and disposal of the pesticide and containers and his related legal responsibility.

(b) General standards of competency for all categories of certified private applicators.

(i) Recognize common pests to be controlled and damage caused by them.

(ii) Read and understand the label and labeling information, including the common name of the pesticide(s) being used, the crop, animal or site to which the pesticide is being applied, pest(s) to be controlled, timing and methods of application, safety precautions, any harvest, grazing or restricted entry restriction(s), and any specific disposal procedures.

(iii) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentrations of pesticide to be used under particular circumstances, taking into account such factors as area to be covered, speed at which application equipment will be operated, and the quantity of product dispersed in a given period of operation.

(iv) Recognize local environmental situations that must be considered during application in order to avoid any possible contamination.

(v) Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

(c) Specific standards of competency for each category of certification. Private applicators, when certifying in a specific category, shall be particularly qualified in that category as elaborated below:

(i) Cat. 01001 General Certification. Applicators shall demonstrate practical knowledge of agricultural commodities, and the specific weeds, insects and diseases of those agricultural commodities on which they may use restricted use pesticides. Practical knowledge is required concerning relevant soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, and potential for environmental contamination and non-target injury. Applicators shall also demonstrate practical knowledge of animals and their associated pests, and pesticide toxicity and residue potential.

(ii) Cat. 01002 Product Specific. Applicators shall demonstrate practical knowledge of the specific pest to be controlled and the potential impact on the environment of the specific pesticide being used. The applicator must also demonstrate practical knowledge concerning pertinent factors influencing application methods, hazards to the applicator and the public and any other factors which the Board of Certification deems of importance for the specific pesticide.

(iii) Cat. 01003 M-44 (Sodium Cyanide). Applicators shall demonstrate practical knowledge on the use of the M-44 device to control coyotes, including the history of the M-44 device, toxic effects of sodium cyanide, first aid for cyanide poisoning, M-44 parts and their use, preparation of the M-44 for use, setting the M-44, the use of baits and attractants, selecting M-44 use sites, EPA use restrictions and all reporting and record keeping requirements pertaining to the use of M-44's. Applicators shall also demonstrate knowledge of basic coyote information, characteristics of predatory species and use of alternative methods for predator control. Certification in this category shall require separate and specific training, examination and certification.

(iv) Cat. 01004 Livestock Protection Collar. Applicators shall demonstrate practical knowledge on the use of the LP Collar to control coyotes, including criteria for applicators, specific certification requirements for applicators, monitoring protocols and labeling and the use of the technical bulletin on the LP Collar. Applicators shall also demonstrate knowledge of procedures for evaluating predation on livestock and wildlife and all reporting and record keeping requirements pertaining to the use of the LP Collar. Certification in this category shall require separate and specific training, examination and certification.

(v) Cat. 01005 Chemigation. Applicators shall demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of an anti-back flow/check valve to prevent contamination of water supplies. They shall demonstrate knowledge of labeling requirements of products registered for chemigation, including posting requirements. Further, they shall demonstrate knowledge of the appropriate use of personal protective equipment associated with this type of application.

Section 10. Certification of Private Applicators

(a) Each applicant may be required to take an examination under the direction of the Director of Agriculture in accordance with the conditions and provisions specified herein. The requirements for an examination may be fulfilled by satisfactorily completing one of the following:

(i) A training course approved by the Board of Certification,

(ii) A program instruction workbook, or

(iii) A written or oral examination.

(A) Applicants shall be required to obtain a passing grade of seventy (70) percent on each section or category of the examination under which they wish to qualify.

(B) Applicants shall be notified in writing of the results of any examination within thirty (30) days.

(C) Such competence of each private applicator shall be indicated through the issuance, by the Department of Agriculture, of a private applicator's license, based upon the standards set forth in Section 9, which ensures the private applicator is competent to use the restricted-use pesticide under limitations of applicable state laws and regulations.

(D) Applicants who have been examined and found qualified as private applicators shall be issued an appropriate license. License shall be valid for such condition as stated on the applicators license. The license for the private applicator shall be issued for the portion of the calendar year in which the license is issued or reviewed plus fifty-two (52) months and shall expire on April 30 of the appropriate year. The Board of Certification shall require private certified applicators to attend a re-certification course approved by the Board once every five (5) years, complete a program instruction workbook, or be re-examined to maintain certification. The license shall be a non-fee license.

(E) In the event a person, at the time of testing for certification is unable to read a label, the issuing authority will administer a private applicator "single product" examination orally, and the applicant, if approved, shall be certified only for use of that product.

(F) Any private applicator who has had their license suspended shall, prior to reinstatement, be required to take a written examination and receive a passing grade before operations may be resumed, and shall be considered on probation for a period of one (1) year thereafter. Any violations during the period of probation shall be cause for immediate revocation of license for up to three (3) years.

(G) The Wyoming Pesticide Board of Certification shall in all cases adhere to the Wyoming Administrative Procedures Act when revoking, canceling or suspending any private applicator license.

Section 11. Pesticide(s) Subject to Other Restrictions as Provided by the Board of Certification

(a) When it is determined that standards for the certification of private applicators, or commercial applicators must be more stringent than the standards in Section 5 or Section 9 and additional special identification is necessary for an individual using a highly toxic pesticide or applying a pesticide which has been demonstrated to be particularly hazardous to the environment, the standards for the applicator shall include, in addition to their category standards, an especially high degree of knowledge concerning the compound's action, its limitations and the areas in which it is to be applied.

(b) When it is determined by the Board of Certification that unreasonable adverse effects on the environment may reasonably occur, and following a hearing pursuant to the Wyoming Administrative Procedures Act, the Board may restrict the time, place, manner, materials, amounts and concentrations used in connection with the application of a pesticide, or may prohibit use of pesticides in designated areas during specified periods of time. The restrictions and/or prohibitions shall encompass all reasonable factors which the Board deems necessary.

Section 12. Use of Pesticides Under Special Registration for Production of Minor Crops Grown for Seed.

(a) This section applies to pesticide products registered under Section 18 and/or

Section 24(c) of FIFRA, and used in the production of minor crops grown for seed as defined in Section 2, paragraph (w) of these regulations.

(b) The use of these pesticide products is not permitted on fields producing feed for livestock and no portion of the treated field, including but not limited to, seed, seed screenings, hay, forage or stubble, may be used for human food or animal feed.

(c) The current year's treated seed crop shall not be used or distributed for animal feed purposes, including but not limited to, hay, green chop, pellets, meal, whole seed, cracked seed, seed screenings, roots, bulbs, leaves, chaff or stubble; nor can grazing take place on the current year's treated seed crops.

(d) Screenings or other crop by-products shall not enter feed channels by distribution and/or direct use. All seed screenings and/or crop by-products that were treated with a pesticide registered for minor crop seed production must be immediately removed from the feed market, and disposed of in such a manner that they cannot be distributed or used for feed or food purposes. The seed conditioner shall keep records of all minor crop seed screenings and their disposal (site, method, amount and type of material, date of shipment) and shall furnish these records to the department upon request.

(e) Treated minor crop seed shall not be used or distributed for human food.

(f) All crop seed treated with any pesticide registered for use in minor crop seed production only, shall be tagged at the processing plant and such tag shall state NOT FOR HUMAN CONSUMPTION AND/OR ANIMAL FEED. It shall be the grower's responsibility to notify the processing plant(s) of any seed crop(s) treated with pesticide(s) registered for use in minor crop seed production only.

(g) All usage, in addition to the requirements of this rule, shall be in compliance with the label of the pesticide registered for use in seed production only.

Section 13. Licensed Pesticide Dealer

(a) Any person who makes available for use a restricted-use pesticide as defined in W.S. 34-7-354(e) to certified or non-certified persons shall register, for the purpose of licensing, the principal business name and address by which the dealer operates and the business name and address of each branch dealership with the Wyoming Department of Agriculture on an annual basis.

(b) Persons requiring a pesticide dealers license shall submit with the license application, a $25.00 fee for each dealer establishment, payable to the Wyoming Department of Agriculture. No establishment shall be required to pay more than $100.00 in WDA license fees. (Reference W.S. 11-1-104 (a)).

(c) Pesticide dealer license(s) will be issued by the department to the applicant for each establishment. Licenses to be renewed by April 1 of each year.

Section 14. Reports and Records

(a) Licensed pesticide dealers shall maintain and retain accurate and legible records of all sales of restricted use pesticides for a period of two (2) years.

(b) Dealers shall maintain office records of all sales of restricted-use pesticides to certified applicators at each dealership. Records shall include:

(i) Date of sale

(ii) Name and address of purchaser

(iii) Applicator license number

(iv) Category(s) of certification

(v) License expiration date

(vi) Type of pesticide, brand name and EPA registration number

(vii) Total amount of product purchased

(c) When a restricted-use pesticide is made available for use to a NON-CERTIFIED PERSON for use by a certified applicator, dealers shall maintain office records as required under paragraph (b) of this section.

Dealers shall also be required to obtain documentation from the certified applicator, authorizing the non-certified person to act on their behalf, plus the name and address of the non-certified person to whom the restricted use pesticide is made available and the type of document from which the name and address was obtained.

(d) Certified commercial applicators who are involved in the commercial application of pesticides shall maintain office records giving such information with respect to:

(i) Name & address of person for whom the application was made, and if applicable, who purchased the pesticide(s).

(ii) Location of the pesticide application

(iii) Commodity/site treated

(iv) Pest controlled

(v) Pesticide applied:

(A) Brand name of product

(B) EPA registration number

(D) Rate of application

(E) Method of application

(vi) Date and time of application

(vii) Weather conditions: (time of application)

(A) Temperature

(B) Wind direction and velocity

(e) Such records shall be open for inspection at any time during business hours, by the Director of Agriculture or his designated department employee.

(f) Commercial applicators shall maintain and retain accurate and legible records of all pesticides applied during commercial applications, for a period of two (2) years.

Section 15. Required Practices for Commercial Applicators and Private Applicators.

(a) Certified commercial applicators and private applicators shall notify the department of any change of business address within seven (7) days.

(b) Certified commercial applicators making a commercial application, shall prior to application, inform the customer of the following items:

(i) Pesticide(s) applied

(ii) Possible residue hazards

(iii) Any restricted entry periods

(iv) Any waiting periods prior to harvest

(v) Application date(s) and time(s)

(vi) Post-application label safety precautions

(vii) Other applicable label requirements (e.g. posting, Worker Protection Standards)

(c) Commercial applicators making commercial applications shall maintain and retain accurate and legible records of the information required under paragraph (b) of this section, for a period of two (2) years.

Section 16. Storage and Disposal of Pesticides and Pesticide Containers.

(a) All certified pesticide applicators shall store all pesticide concentrates and dilute mixtures using methods which are reasonably calculated to prevent the contamination of other products by means of volatilization, leakage, breakage or other causes, and which are reasonably calculated to avoid the creation of an unreasonable risk of harm to persons, property, domestic/wild animals, or the environment.

(b) Pesticide storage areas shall be kept clean and orderly, and pesticide containers shall be positioned so that they are not exposed to unreasonable risk of damage to the containers or their labels.

(c) Pesticides and pesticide containers shall be covered or otherwise protected from the elements, in a manner which is reasonably calculated to minimize the risk of damage to labels, and to avoid the creation of an unreasonable risk of harm to persons, property or domestic/wild animals.

(d) Until such time as the department promulgates specific rules and regulations governing the storage and disposal of pesticides and pesticide containers, the RECOMMENDED procedures detailed in 40 CFR, part 165 promulgated by the Administrator, U.S. EPA, shall be the recommended procedures for Wyoming. The department shall make copies of these procedures available to any person needing guidance for proper storage and disposal of pesticides and pesticide containers.

(e) All 1080 Livestock Protection Collars and M-44 Sodium Cyanide capsules shall be stored and transported in the original metal container, or comparable unit, and shall be locked at all times, except when collars or capsules are actually being removed or replaced. In addition, when in transit, the metal storage container(s) shall be placed inside a leak-proof, impact-resistant container which shall also be locked and secured. All containers shall be placarded with appropriate warning labels, indicating the presence of toxic chemicals within.

Section 17. Penalties. Any person who violates any provision of these Applicator Certification Rules and Regulations shall, in addition to those administrative sanctions provided for below, remain subject to those criminal sanctions provided for by W.S. 35-7-366, 1977, as amended (or any other appropriate Wyoming statutes). Any violation of these rules and regulations may be deemed as sufficient cause and may result in the denial, revocation or suspension of any license, or permit issued pursuant to this act, after a hearing as prescribed in the Wyoming Administrative Procedures Act.

History

Effective 2025-01-08

Chapter 65 Gray Wolf Depredation Compensation Program Regulations

Wyo. Code R. 010.0005.65.10052023 Gray Wolf Depredation Compensation Program Regulations

Chapter 65

Gray Wolf Depredation Compensation Program Regulations

Section 1. Authority. Pursuant to the 2023 Session Laws, Chapter 98, the following regulations are promulgated.

Section 2. Definitions.

(a) "Claim form" means the Department's Gray Wolf Animal Damage Claim Affidavit.

(b) "Claimant" means any landowner, lessee, or agent who submits an application for compensation for livestock that has been damaged or killed by a gray wolf.

(c) "Consequential damages" means damage, loss, or injury that does not flow directly and immediately from the act of the gray wolf, but only from some of the consequences or results of such act, including future or anticipated production, sentimental value, and labor or equipment costs to remove damaged property.

(d) "Damage" means any injury or loss to livestock inflicted by a gray wolf in an area of the state where gray wolves are classified as predatory animals.

(e) "Department" means the Wyoming Department of Agriculture.

(f) "Gray wolf" means the gray wolf where it is designated as a predatory animal as set forth in W.S. 11-6-302(a)(ix)(B).

(g) "Livestock" has the meaning set forth in W.S. 23-1-102(a)(xvi).

(h) "More likely than not" means evidence reasonably tending to support the conclusion. Evidence that is competent, relevant, material and which to a rational and impartial mind naturally leads, or involuntarily leads to conclusion for which there is valid, just, and reasonable substantiation.

(i) "WS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

Section 3. Qualifications for Consideration. To be eligible for potential compensation, a claimant must notify the Department by phone that damage to livestock has occurred and suspect that it was caused by gray wolves. Following this notification, the Department will dispatch an investigator from WS or the Wyoming Game and Fish Department to determine whether the damage was more likely than not caused by gray wolves. If the damage was more likely than not caused by gray wolves, the claimant must report the damage to the Department by submitting a depredation investigative report completed by the WS or Wyoming Game and Fish Department investigator as soon as possible but no later than 15 days after discovery of the damage. The Department shall only consider complete applications submitted no later than 60 consecutive days after the damage ended or the last damage was discovered. A complete application consists of the following documents:

(a) A completed claim form;

(b) A copy of the depredation investigative report from the WS or Wyoming Game and Fish Department investigator for each gray wolf depredation incident that confirms that the livestock damage was more likely than not caused by a gray wolf;

(i) The fair market value for like livestock at a rate substantiated by a livestock sale barn on the date of damage; or

(ii) For young of the year livestock, the fair market value for like livestock at the weaning weight substantiated by a livestock sale barn; or

(iii) Other credible written valuation of the livestock; and

(d) Any additional supporting documents the claimant may wish to submit.

Section 4. Available Funding and Distribution.

(a) The Department will allocate available funds into five time periods. The first time period is from July 1, 2023, through June 30, 2024. The second time period is from July 1, 2024, through June 30, 2025. The third time period is from July 1, 2025, through June 30, 2026. The fourth time period is from July 1, 2026, through June 30, 2027. The fifth time period is from July 1, 2027, through June 30, 2028. The Department shall receive applications during those five time periods. Budget reductions may reduce or eliminate available funds for one or all time periods.

(b) If the Department employs or contracts personnel to assist in administering and investigating claims for damages, the costs for personnel fees shall be deducted from the total funds available prior to paying any compensation to claimants.

(c) Within ten days after the end of each time period established by this Section, the Department shall review each application and determine if the application is complete and accurate. If the Department determines that the application is complete and accurate, it is a verified claim and eligible for compensation. If the Department determines that an application is complete but partially inaccurate, it may either verify the accurate portion and strike the inaccurate portion of the application or deny the application. Within 90 days after the end of each period, the Department shall total all verified claims and process them for payment subject to availability of funds.

(d) If the total verified claims and personnel fees in the first period are less than or equal to the amount of funds available for that period, then the Department shall pay all verified claims in full. Any leftover funds shall rollover and be available for distribution in the next period. If the total verified claims and personnel fees in any period exceed the amount available for that period, then the Department officer shall first deduct the personnel fees and then prorate payments of the remaining funds according to the total number of verified claims received in that period.

Section 5. Denial of Claims. The Department shall deny all or any part of a claim if:

(a) The application contains materially false or inaccurate information.

(b) The incident on which the application is based occurred on property where a gray wolf is not defined as a predatory animal as set forth in W.S. 11-6-302(a)(ix)(B).

(c) The claimant did not present a completed application with all required information to the Department within 60 days after the damage or last item of damage was discovered by the claimant.

(d) The claim was for consequential damages.

(e) The dollar amount claimed exceeds the value of the livestock that were damaged.

(f) The claimant submitted a claim for compensation for the same damaged livestock to the Wyoming Game and Fish Department.

History

Effective 2023-10-05

24 Lean Beef Committee

Chapter 1 Operation for Wyoming Lean Beef Program

Wyo. Code R. 010.0011.1.12181986 Operation for Wyoming Lean Beef Program

Section 1. Authority.

The Wyoming Lean Beef Committee will issue licenses in accordance with the following conditions and regulations as prescribed and authorized by Wyoming Statutes 11-40-101 through 11-40-109.

Section 2. Standards for Wyoming Lean Beef.

All cattle qualifying for Wyoming Lean Beef shall meet the following standards:

(a) They shall graze the summer before slaughter in Wyoming. Cattle in pastures where they have free access to land within Wyoming shall be deemed to be living within Wyoming even though part of the pasture is outside Wyoming. Cattle owned by a bona fide Wyoming resident but historically grazed outside the State on a Wyoming brand permit shall be eligible for the program.

(b) They shall be primarily grass fed cattle. For purposes of these regulations, legumes, forbs and other plant materials consumed under range or pasture conditions shall be considered as grass.

(c) They shall not be held in close confinement except for short periods in connection with operations necessary in the management of the cattle, including but not limited to calving, branding, vaccinating, weaning, transportation and slaughter. Confinement shall be considered as that consistent with good management including the feeding of concentrates.

(d) They shall have a hot carcass weight of at least four hundred (400) pounds.

(e) They shall have an untrimmed fat depth over the ribeye muscle at the twelfth (12th) rib of less than or equal to three tenths (0.3) of one inch.

(f) Carcasses shall be electrically stimulated within one (1) hour after stunning.

(g) They shall not exceed thirty-two (32) months of age at the time of slaughter.

(h) They shall not have been given any steroids (synthetic or natural) or any other growth promoting hormone. This regulation shall not be construed to prohibit the use of parasiticides.

(i) They shall not have been given any subtherapeutic levels of antibiotics. This standard shall not be construed as prohibiting the use of therapeutic levels of any antibiotic for therapeutic purposes. The practice of feeding antibiotics to calves for up to 10 days at weaning or during periods of stress for the control of shipping fever and other diseases shall be deemed a therapeutic practice. There shall be strict compliance with approved withdrawal periods for all antibiotics.

(j) Ground beef shall meet all standards as established in above paragraphs (a),(b),(c),(h) and (i) and in addition shall have a fat content less than or equal to twenty (20%) percent. carcasses from animals that exceed 32 months of age can be used for ground beef but shall hot under any circumstances be marketed as wholesale or retail cuts.

Section 3. Licensing, Use of Trademark and Royalties.

Any person or entity receiving a license to market Wyoming Lean Beef and use the label, trademark or trade name Wyoming Lean Beef shall:

(a) Pay an annual licensing fee of one hundred dollars ($100.00)

(b) Pay an additional annual licensing fee of one thousand dollars ($1000.00) for each state or fraction thereof for which the licensee has obtained a geographically exclusive license.

(d) Agree to pay any additional royalty that may be established to support advertising and promotion programs.

(e) Agree to abide by standards established for Wyoming Lean Beef and to market no beef as Wyoming Lean Beef that fails to meet the standards.

(f) Agree to abide by applicable state and federal standards relating to public health and the slaughtering and preparation of meat for sale.

(g) Agree to abide by other terms as deemed appropriate by the Wyoming Lean Committee. These terms will be agreed upon at the time the license is issued.

Section 4. Awarding of Licenses.

(a) The Wyoming Lean Beef Committee reserves the right to reject, restrict, accept, or accept in part any application for a license to market Wyoming Lean Beef. The following criteria may be considered in selection of applicants and awarding of licenses:

(i) Financial strength of the applicant;

(ii) Previous marketing expertise and specific proposed marketing plan including acquisition and processing of carcasses;

(iii) Prior experience of the applicant in relevant businesses;

(iv) Plan for ensuring adherence to all Wyoming Lean Beef standards;

(b) The committee may choose to award a geographically exclusive license for no more than twenty (20) of the states of the United States except that an exclusive license shall not prohibit licensees from selling Wyoming Lean Beef directly to residents of the geographic area if the sales are for consumption and not for resale and are made within Wyoming or in response to mail or telephone advertisement in a publication of national circulation. Further no geographically exclusive license shall include the State of Wyoming.The Wyoming Lean Beef Committee reserves the right to deny, revoke, suspend or limit the license of anyone who:

(i) Fails to abide by the promulgated standards of the Wyoming Lean Beef program or any other terms of the license;

(ii) Is convicted of violating the public health laws of the United States or any state;

(iii) Is convicted or has been convicted of any felony;

(iv) Willfully or unintentionally but repeatedly markets beef as Wyoming Lean Beef which does not meet the quality standards for Wyoming Lean Beef.

Section 5. Royalties.

Until January 1, 1992 licensees shall pay to the State of Wyoming an annual royalty of one-fourth of one percent (0.25%) of the wholesale carcass value of all meat sold FOB the slaughtering plant. Based on current market value the committee has determined this royalty shall be equal to one (1) dollar per carcass to be paid by owner of the marketable carcass. Thereafter the committee shall reset the annual royalty which shall not be less than one-tenth of one percent (0.10%) and not more than one percent (1.0%) of said value.

Section 6. Submission of Proposals.

Submission of proposals to obtain a license will be received by the Wyoming Lean Beef Committee, Box 3354 University Station, Laramie, Wyoming 82071 until 4 PM, November 24, 1986. Subsequent application dates will be published. Questions concerning the lean beef program may be directed to (307) 766-3667. Each submission should contain the following information:

(a) Name of individuals or name and title of company or corporate officers.

(b) Evidence of the required financial ability to conduct the proposed program.

(d) Detailed plan of proposed program including but not limited to predicted availability and acquisition of the product, processing and distribution, promotion and marketing efforts.

(e) Detailed plan for enforcement of promulgated standards of the Wyoming Lean Beef program.

(f) Any other such information that may assist the committee during the selection and awarding process.

History

Effective 1986-12-18

Chapter 2 Premium Beef Program

Wyo. Code R. 010.0011.2.09161987 Premium Beef Program

Section 1. Authority.

The Wyoming Lean Beef Committee will issue licenses for Wyoming Premium Beef in accordance with the following conditions and regulations as prescribed and authorized by Wyoming Statutes 11-40- 103, 11-40-104, and 11-40-108.

Section 2. Standards for Wyoming Premium Beef.

All cattle qualifying for Wyoming Premium Beef shall meet the following standards:

(a) They shall graze the summer before slaughter in Wyoming. For purposes of these- standards cattle are deemed to be living within Wyoming even though the cattle are grazed outside Wyoming if:

(i) They have free access to land within Wyoming or

(ii) They are in a pasture located not more than twenty-five (25) miles from the Wyoming border and the owner of the cattle is a Wyoming resident who physically resides within Wyoming and has his principal place of business in Wyoming.

(b) They shall have a hot carcass weight of at least five hundred fifty (550) but not more than eight hundred (800) pounds.

(c) Only retail cuts from carcasses with a USDA quality grade of Choice or equivalent and a yield grade of 2 or 3 qualify for Wyoming Premium Beef. Fat trim on retail cuts shall not exceed 1/4 or an inch when sold.

(d) Carcasses shall be electrically stimulated within one (1) hour after stunning.

(e) They shall not exceed thirty-six (36) months of age at the time of slaughter.

(f) They shall not have been given any steroids (synthetic or natural) or any other growth promoting hormone. This regulation shall not be construed to prohibit the use of parasiticides.

(g) They shall not have been given any subtherapeutic levels of antibiotics. This standard shall not be construed as prohibiting the use of therapeutic levels of any antibiotic for therapeutic purposes. The practice of feeding antibiotics to calves for up to 10 days at weaning or during periods of stress for the control of shipping fever and other diseases shall be deemed a therapeutic practice. There shall be strict compliance with approved withdrawal periods for all antibiotics.

(h) Ground beef shall meet all standards as established in above paragraphs (a),(b),(c),(f) and

(g) Carcasses from animals that exceed 36 months of age can be used for ground beef but shall not under any circumstances be marketed as wholesale or retail cuts.

Section 3. Licensincr, Use of Trademark and Royalties.

Any person or entity receiving a license to market Wyoming Premium Beef and use the label, trademark or trade name Wyoming Premium Beef shall:

(a) Pay an annual licensing fee of one hundred dollars ($100.00)

(b) Pay an additional annual licensing fee of one thousand dollars ($1000.00) for each state or fraction thereof for which the licensee has obtained a geographically exclusive license.

(d) Agree to pay any additional royalty that may be established to support advertising and promotion programs.

(e) Agree to abide by standards established for Wyoming Premium Beef and to market no beef as Wyoming Premium Beef that fails to meet the standards.

(f) Agree to abide by applicable state and federal standards relating to public health and the slaughtering and preparation of meat for sale.

(g) Agree to abide by other terms as deemed appropriate by the Wyoming Lean Beef Committee. These terms will be agreed upon at the time.the license is issued.

Section 4. Awarding of Licenses.

(a) The Wyoming Lean Beef Committee reserves the right to reject, restrict, accept, or accept in part any application for a license to market Wyoming PremiumBeef. The following criteria may be considered in selection of applicants and awarding of licenses:

(i) Financial strength of the applicant;

(ii) Previous marketing expertise and specific proposed marketing plan including acquisition and processing of carcasses;

(iii) Prior experience of the applicant in relevant businesses;

(iv) Plan for ensuring adherence to all Wyoming Premium Beef standards;

(v) The access of the applicant to a supply of Wyoming Premium beef.

(b) The committee may choose to award a geographically exclusive license for no more than twenty (20) of the states of the United States except that an exclusive license shall not prohibit licensees from selling Wyoming Premium Beef directly to residents of the geographic area if the sales are for consumption and not forresale and are made within Wyoming or in response to mail or telephone advertisement in a publication of national circulation. Further no geographically exclusive license shall include the State of Wyoming.The Wyoming Lean Beef Committee reserves the right to deny, revoke, suspend or limit the license of anyone who:

(i) Fails to abide by the promulgated standards of the Wyoming Premium Beef program or any other terms of the license;

(ii) Is convicted of violating the public health laws of the United States or any state;

(iii) Is convicted or has been convicted of any felony;

(iv) Willfully or unintentionally but repeatedly markets beef as Wyoming Premium Beef which does not meet the quality standards for Wyoming Premium Beef.

Section 5. Royalties.

Until January 1, 1992 licensees shall pay to the State of Wyoming an annual royalty of one dollar ($1.00) per head. Thereafter the committee shall reset the annual royalty which shall not be less than fifty cents (50 cents) per head and riot more than five dollars ($5.00) per head.

Section 6. Submission of Proposals.

Submission of proposals to obtain a license will be received by the Wyoming Lean Beef Committee, Box 3354 University. Station, Laramie, Wyoming 82071. Questions concerning the Premium Beef program may be directed to (307) 766-3667. Each submission should contain the following information:

(a) Name of individual(s) or name and title of company or corporate officers.

(b) Evidence of the required financial ability to conduct the proposed program.

(d) Detailed plan of proposed program including but not limited to predicted availability and acquisition of the product, processing and distribution, promotion and marketing efforts.

(e) Detailed plan for enforcement of promulgated standards of the Wyoming Premium Beef program.

(f) Any other such information that may assist the committee during the selection and awarding process.

History

Effective 1987-09-16

21 Public Swimming Pools

Chapter 1 General Provisions

Wyo. Code R. 010.0008.1.10092003 General Provisions

CHAPTER 1

PURPOSE, VARIANCES, DEFINITIONS, AND OPERATOR REQUIREMENTS

Section 1. Authority. Pursuant to the authority vested in the director of the Wyoming Department of Agriculture by virtue of W.S. 35-28-102, and 35-28-107, together with the Department of Health, the following regulations are hereby promulgated.

Section 2. Wyoming Regulations for Swimming Pools, Spas and Similar Installations.

(a) These provisions shall be known as the Wyoming Regulations for Swimming Pools, Spas and Similar Installations, hereinafter referred to as these Regulations.

(b) Due to the unique nature of mineral flow-through pools, chapters 1 through 7, of these regulations shall only be applied where appropriate and as indicated by the regulatory authority.

Section 3. Statement of Purpose.

(b) The purpose of these Regulations is to protect the health and safety of the public in public swimming pools, spas and similar installations.

(c) These Regulations shall apply to any person who owns, operates or manages a public swimming pool, spa or similar installation in this state.

(d) These Regulations prescribe minimum design, construction and operation requirements, are intended to protect the health and safety of the public, apply to any bathing facility operated by an owner, licensee or concessionaire, regardless of whether a fee is charged for use.

(e) These Regulations provide for the review of construction plans; issuance of a certificate of compliance with the requirements of these Regulations; require inspection during construction, as well as a final construction inspection prior to issuance of an operating license.

Section 4. Public Health Protection.

(a) The intent of these Regulations shall be to assure the user of a sanitary, healthful and safe facility and prevent the spread of communicable diseases.

(b) These regulations do not apply to private-use swimming pools, spas or similar installations such as:

(i) A structure at a single-family residence, controlled by the owner of the residence, the use of which is limited to family members and/or invited guests.

Section 5. Variances of Modifications and Waivers.

(a) The Wyoming Department of Agriculture may grant a variance by modifying or waiving the requirements of these Regulations if:

(i) In the opinion of the Wyoming Department of Agriculture a health or safety hazard or nuisance will not result from the variance; or

(ii) Compliance would be highly burdensome or impractical due to special circumstances or unforseen conditions.

(b) If a variance is granted, the Wyoming Department of Agriculture shall retain the information specified under chapter 1, section 6, in its records for the facility.

Section 6. Documentation of Proposed Variance and Justification.

(a) Before a variance from a requirement of these Regulations is approved, the information that shall be provided by the person requesting the variance and retained in the Wyoming Department of Agriculture's file on the facility must include:

(i) A statement of the proposed variance of the Regulations requirement citing the relevant Regulation section numbers; and

(ii) An analysis of the rationale for how the potential public health and safety hazards and nuisances addressed by the relevant Regulation sections will be alternatively addressed by the proposal.

Section 7. Applicability and Terms Defined.

(a) The following terms are defined and apply in the interpretation and application of these Regulations.

(i) "Abrasion hazard" means a sharp or rough surface or edge which could scrape the skin by chance during normal use.

(ii) "Accessible" means easily exposed for inspection and replacement of materials or parts with or without the use of tools.

(iii) "Actual water level" means the specific level of water observed at any time.

(iv) "Administrative meeting" means an informal meeting conducted by the Wyoming Department of Agriculture, or local board of health for the purpose of facilitating a mutually agreed upon plan of compliance for the license holder.

(v) "Air gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from an inlet pipe and the flood-level rim of a receptacle or floor drain.

(vi) "Air induction system means:

(A) A system whereby a volume of air (only) is induced into a hollow ducting in a spa floor, bench, or other location; and

(B) The air induction system is activated by a separate air power blower, or other means.

(vii) "Algae" means microscopic plant-like organisms that contain chlorophyll and include green, blue-green or black, brown and yellow-green (mustard) algae.

(viii) "Algaecide" means a natural or synthetic substance used for killing, destroying, or controlling algae.

(ix) "Alkalinity" means a measure of the amount of bicarbonate, carbonate, or hydroxide compounds present in a water solution.

(x) "ANSI" means the American National Standards Institute.

(xi) "ANSI/NSPI-11991" means the American National Standards Institute and National Spa and Pool Institute, Standards for Public Swimming Pools.

(xii) "ANSI/NSPI-2" means the American National Standards Institute and National Spa and Pool Institute, Standards for Public Spas.

(xiii) "Approved" means acceptable to the regulatory authority based on determination of conformity with principles, practices, and generally recognized standards that protect public health.

(xiv) "ARC" means the American Red Cross.

(xv) "ASHRAE" means the American Society of Heating, Refrigeration and Air- Conditioning Engineers, Inc.

(xvi) "ASME" means the American Society of Mechanical Engineers.

(xvii) "ASTM" means the American Society of Testing Materials.

(xviii) "AWWA" means the American Water Works Association.

(xix) "Backwash" means the process of cleaning the filter medium and/or elements by the reverse flow of water through the filter.

(xx) "Barrier" means a fence, wall, or combination thereof, which completely surrounds the pool or spa and obstructs access to the pool or spa.

(xxi) "Bather" means any person using a pool, spa or similar installation and adjoining deck area for the purpose of water sports, recreation, therapy or related activities.

(xxii) "Bathhouse" means a structure that contains dressing rooms, showers and toilet facilities for use with an adjacent public pool.

(xxiii) "Bather load" means the number of persons in the pool, spa or similar installation at any given moment or during any stated period of time.

(xxiv) "Beginners area" means water areas in pools which are three (3) feet or less in depth.

(xxv) "Booster pump system" means:

(A) A system whereby one or more hydrotherapy jets are activated by the use of a pump which is completely independent of the filtration and heating system of a spa; or

(B) A device used to provide hydraulic support for certain types of equipment such as cleaning systems, gas chlorinators and solar systems.

(xxvi) "Breakpoint chlorination" means the addition of a sufficient amount of chlorine to water to destroy the combined compounds present.

(xxvii) "Bromine" means a chemical element that exists as a liquid in its elemental form or as part of a chemical compound which is a biological agent used to disinfect pool or spa water.

(xxviii) "Brominator" means a device to apply or deliver a bromine disinfectant to water at a controlled rate.

(xxix) "Cartridge" means a depth, pleated, or surface type filter component with fixed dimensions and designed to remove suspended particles from water flowing through the filter.

(xxx) "Catch basin" means bodies of water located at the termination of a manufactured water slide attraction provided for the specific purpose of terminating the slide action and providing a means for exit to a deck or walkway area.

(xxxi) "Certified Operator" means someone who has successfully completed the Certified Pool Operator (CPO) course sanctioned by the National Swimming Pool Foundation, the Aquatic Facility Operator (AFO) course sanctioned by the National Recreation and Park Association, the NSPI Tech I course sanctioned by the National Spa and Pool Institute Certification Program or an equivalent course approved by the regulatory authority; and who has been re-certified or obtained Continuing Education Units (CEU's), as required by the sanctioning organization.

(xxxii) "Chemical feeder" means a mechanical device used for applying chemicals to pool, spa or similar installation water.

(xxxiii) "Chloramine" means a compound formed when chlorine combines with nitrogen or ammonia which may cause eye and skin irritation and may have a strong objectionable odor.

(xxxiv) "Chlorinator" means a device used to apply or to deliver a chlorine sanitizer to water at a controlled rate.

(xxxv) "Chlorine" means:

(A) A chemical element that exists as a gas in its elemental form or as a part of a chemical compound which is an oxidant.

(B) Chlorine is a biocidal agent used to disinfect pool, spa or similar installation water.

(xxxvi) "Chlorine demand compounds" means organic matter, chloramine and other such compounds that chlorine reacts with and which depletes chlorine.

(xxxvii) "Chlorine generator" means equipment that generates chlorine, hypochlorous acid, or hypochlorite on-site for disinfection and oxidation of water contaminants.

(xxxviii) "Circulation equipment" means the mechanical components which are a part of a circulation system on a pool or spa.

(A) The components have separate functions, but when connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear, sanitary and desirable condition.

(B) Circulation equipment may include, but is not limited to:

(I) Categories of pumps;

(II) Hair and lint strainers;

(III) Filters;

(IV) Valves;

(V) Gauges;

(VI) Meters;

(VII) Heaters;

(VIII) Surface skimmers;

(IX) Inlet/outlet fittings; or

(X) Chemical feeding devices.

(xxxix) "Circulation system" means the arrangement of mechanical equipment or components, connected by piping to and from a pool or spa in a closed circuit.

(B) The circulation system function is to direct water from the pool or spa, causing it to flow through the various system components for purposes of:

(I) Clarifying;

(II) Heating;

(III) Purifying; and

(IV) Returning the water back to the original body of water.

(xl) "Clarifier" means:

(A) A chemical which coagulates and neutralizes suspended particles in water.

(B) Clarifier can also mean coagulant or flocculent.

(I) Inorganic salts of aluminum or iron; or

(II) Water-soluble organic polyelectrolyte polymers.

(xli) "Combined residual chlorine" means:

(A) The portion of the total residual chlorine existing in water in chemical combination with ammonia, nitrogen, and/or organic compounds, mostly comprised of chloramine.

(B) Combined residual chlorine plus free residual chlorine equals total residual chlorine and is calculated from the results of measuring the free and total residual chlorine with a test kit.

(xlii) "Confirmed disease outbreak" means a food or water borne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food or water as the source of the illness.

(xliii) "Contact concentration" means the concentration of a chemical in a flow of water.

(A) Contact concentration depends on:

(I) The rate of addition;

(II) The flow rate of the water; and

(III) The efficiency of the mixing.

(B) Contact concentration is calculated using the equation:

(I) Amount of chemical (grams/hour)/water flow rate (gpm) x 4.41 = contact concentration (mg/L).

(xliv) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.

(xlv) "Coping" means the cap on a pool or spa wall which provides a finishing edge around the pool or spa.

(A) Coping may be:

(I) Formed;

(II) Cast in place or pre-cast; or

(III) Pre-fabricated from metal, ceramic or plastic materials.

(xlvi) "Cove" means the radius between the pool or spa wall and the pool or spa floor.

(xlvii) "Covers" means material or structure which covers, protects, or shelters a pool or spa.

(xlviii) "CPSC" means United States Consumer Product Safety Commission.

(xlix) "Critical item."

(A) "Critical item or critical violation" means a provision of these Regulations, that, if in noncompliance, is more likely than other violations to contribute to water contamination, illness, or an environmental health or safety hazard.

(l) "Cross connection" means:

(A) The physical connection between the potable water system and a non-potable water source such as a pool or spa; or

(B) A physical connection between a pool or spa and the sanitary sewer or waste water disposal system.

(li) "Cyanuric acid" also called stabilizer, isocyanuric acid, conditioner or triazinetrione means a chemical which helps reduce the excess loss of chlorine in water due to the ultraviolet rays of the sun.

(lii) "Deck" means an area immediately adjacent to or attached to a pool, spa or similar installation which are specifically constructed or installed for sitting, standing or walking.

(liii) "Deep areas" means water depths in excess of five (5') feet.

(liv) "Department" means the Wyoming Department of Agriculture.

(lv) "Depth" means the vertical distance measured at three (3) feet from the pool, spa or similar installation wall from the bottom of the pool, spa or similar installation to the design water level.

(lvi) "Design water level" means the design water level defined in one of the following ways:

(A) Skimmer system:

(I) The design water level shall be at the midpoint of the operating range of the skimmer.

(B) Overflow system:

(I) The design waterline shall be the top of the overflow rim of the gutter system.

(lvii) "Diatomite" means the filtering medium of a diatomaceous earth filter composed of microscopic fossil skeletons of the diatom, a tiny freshwater aquatic plankton.

(lviii) "Director" means the director of the Wyoming Department of Agriculture or his duly authorized representative.

(lix) "Disinfectant" means any oxidant, including but not limited to, chlorine, chlorine dioxide, chloramines and ozone added to water in any part of the treatment or distribution process that is intended to kill or inactivate pathogenic microorganisms.

(lx) "Diving board" means a recreational mechanism for entering a pool, consisting of a semi-rigid board which derives its elasticity through the use of a fulcrum mounted below the board.

(lxi) "Diving equipment, competition" means competitive diving boards and fulcrum setting diving stands intended to provide adjustment for competitive diving.

(lxii) "DPD" means diethyl-phenylene diamine.

(B) DPD is a reagent and test method which specifically measures bromine or free available and total residual chlorine.

(lxiii) "Effective filter area" means the total surface area through which the designed flow rate will be maintained during filtration.

(lxiv) "Effluent" means the water that flows out of the filter, pump or other device.

(lxv) "Employee" means the license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a public swimming pool, spa or similar installation.

(lxvi) "EPA" means the U.S. Environmental Protection Agency.

(lxvii) "Equalizer line" means a pipe from below the water level in a swimming pool or spa to the body of the skimmer which is designed to automatically prevent air from being drawn into the pump when the water level drops below the skimmer inlet.

(lxviii) "Facility" means the pool, spa, or similar installation, restroom, dressing rooms, equipment rooms, deck enclosure, and other appurtenances directly serving the pool, spa or similar installation.

(lxix) "Feet of head" means the basis for indicating the resistance in a hydraulic system, equivalent to the height of a column of water that would cause the same resistance (100 feet of head equals 43.29 pounds per square inch) . The total dynamic head is the sum of all resistances in a complete operating system.

(lxx) "Filter" means a device designed to remove undissolved particles from water by recirculating the water through a porous substance (a filter medium or element) such as:

(A) A medium filter which is a filter that utilizes a medium such as sand, gravel or other medium that under normal use will not have to be replaced frequently;

(B) A diatomaceous earth filter which is a filter that utilizes a thin coating of diatomaceous earth over a porous substructure as its filter medium;

(D) A vacuum filter which is a filter that operates under a vacuum from the suction pump.

(lxxi) "Filter medium" means a finely graded material, such as sand, diatomaceous earth, polyester fabric or anthracite, used to trap solid particles from the influent water and return clear water to the pool, spa or similar installation.

(lxxii) "Flotation tank" means a tank designed for body immersion in skin-temperature salt water.

(lxxiii) "Flow rate" means the same as the definition of "rate of flow."

(lxxiv) "Flow-through pool" means an artificial or partially-artificial pool that depends on the natural flow of water through it to maintain adequate water quality.

(lxxv) "Flume" means a recreational water slide designed to provide a descending ride into a plunge-pool at the base of the slide.

(lxxvi) "Free available chlorine" means the portion of the total residual chlorine remaining in chlorinated water that is not combined with ammonia or nitrogen compounds and will react chemically with undesirable or pathogenic organisms.

(lxxvii) "General-use public pool" means any pool other than limited-use public pools.

(A) Public pools operated in conjunction with a companion facility but not limited to use of the residents, patrons or members of the companion facility are general-use pools.

(lxxviii) "Handrail" means a device which may be gripped by a user for the purpose of resting or steadying themselves.

(A) A handrail may be located, but is not limited to:

(I) Within or without the pool or spa; or

(II) As part of a set of steps or deck-installed equipment.

(lxxix) "Hardness" means the amount of calcium and magnesium salts dissolved in water.

(A) Hardness is measured by a test kit and expressed as parts per million (ppm) of equivalent calcium carbonate.

(lxxx) "Health Officer" means the person appointed by the director of the Department of Health pursuant to W.S. 9-2-101(f) and 9-2-103.

(lxxxi) "Heat exchanger" means a device with coils, tubes or plates that absorb heat from any fluid, liquid or air, and transfers that heat to another fluid without intermixing the fluids.

(lxxxii) "Heat pump" means a refrigeration compressor, usually electrically driven, that is operated in reverse.

(A) A heat pump obtains heat by exposing the evaporator side (cooling side) to warm water, air or ground; and

(B) The evaporator coil absorbs the heat from this source and transfers it to the condenser coil where it discharges the heat to the pool, spa or similar installation to be heated.

(lxxxiii) "Hydrotherapy spa" means a unit that may have a therapeutic use but which is not drained, cleaned or refilled for each individual.

(A) A hydrotherapy spa may include but is not limited to:

(V) Hydrotherapy jet circulation;

(VI) Hot water;

(VII) Cold water;

(VIII) Mineral baths;

(IX) Air induction bubbles; or

(X) Any combination thereof.

(B) A hydrotherapy spa includes, but is not limited to:

(I) A therapeutic pool;

(II) A hydrotherapy pool;

(III) A whirlpool;

(IV) A hot spa; or

(V) A hot tub.

(lxxxiv) "Hot tub" means a spa constructed of wood with sides and bottoms formed separately and joined together by pressure from surrounding hoops, bands or rods, distinct from spa units formed of plastic, concrete, metal or other materials.

(lxxxv) "IESNA" means the Illuminating Engineering Society of North America.

(lxxxvi) "Influent" means water entering a filter or other device.

(lxxxvii) "Jump board" means a recreational mechanism used for entering a pool that has a coil spring or comparable device located beneath the board which is activated by the force exerted in jumping on the board.

(lxxxviii) "Labeled" means:

(B) Equipment or material to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the regulatory authority and concerned with product evaluation that maintains periodic inspection of production labeled equipment of materials; and

(C) By whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

(lxxxix) "Ladder" means:

(A) A deck ladder used in ascending from ground level outside a pool, spa or similar installation to the level of a deck; or

(B) An in-pool or in-spa ladder located in a pool, spa or similar installation to provide ingress and egress from the deck.

(xc) "Law" means applicable local, state, and federal statutes, rules, regulations, and ordinances.

(xci) "License" means the document issued by the regulatory authority that authorizes a person to operate a public swimming pool, spa or similar installation.

(xcii) "License holder" means the entity that:

(A) Is legally responsible for the operation of the public swimming pool, spa or similar installation such as the owner, the owner's agent, or other person; and

(B) Possesses a valid license to operate a public swimming pool, spa or similar installation.

(xciii) "Lifeguard" means an individual qualified in water safety, lifesaving, and first aid who holds the appropriate certificates approved by the regulatory authority.

(xciv) "Limited-use public pool" means any pool located at and operated in connection with a companion facility but not limited to, such as:

(A) A residential housing facility having four or more living units;

(B) Travelers' accommodations;

(D) Recreation parks;

(E) Boarding schools;

(F) Organizational camps;

(G) Bed and breakfasts;

(H) Dude ranches; or

(I) A club or association where use of the pool is limited to residents, patrons or members of the companion facility.

(xcv) "Listed" means:

(A) Equipment or materials included in a list published by an organization acceptable to the regulatory authority and concerned with product evaluation, that maintains inspection of production of listed equipment or materials; and

(B) Whose listing states either that the equipment or material meets appropriate designated standards or has been tested and found suitable for use in a specified manner.

(xcvi) "Multiport control valve" means a multi-port valve having a number of control positions for various filter operations that combines in one unit the function of two (2) or more single valves.

(xcvii) "NRPA" means the National Recreation and Park Association.

(xcviii) "NSPF" means the National Swimming Pool Foundation.

(xcix) "NEC" means the National Electrical Code.

(ci) "NFPA" means the National Fire Protection Association.

(cii) "Non-swimming area" means any portion of a pool or similar installation where the water depth, offset ledges or similar irregularities would prevent normal swimming activities.

(ciii) "NSFI" means the National Sanitation Foundation International.

(civ) "NSPI" means the National Swimming Pool Institute.

(cv) "Offset ledge" means a horizontal shelf or ledge projecting toward the interior of a pool from the vertical wall that provides a safe footing for a pool user to stand on in deep areas of the pool.

(cvi) "Operating water level range" means the operating water level defined in one of the following, according to the type of pool construction:

(A) Skimmer system - two (2) inches above to two (2) inches below the midpoint of the operating range of the skimmer throat, or manufacturer's maximum stated operating range; or

(B) Overflow gutter system - the manufacturer's maximum stated operating range above the design of water level.

(cvii) "Organic matter" means perspiration, urine, fecal matter, saliva, suntan oil, cosmetics, lotions, dead skin, and similar debris introduced into water by bathers and the environment.

(cviii) "ORP" means the oxidation reduction potential level produced by strong oxidizing, sanitizing, or similar agents in a water solution.

(A) The oxidation level is measured in millivolts by an ORP meter.

(cix) "Overflow system" means overflows, gutters, surface skimmers, and surface collection systems of various design and manufacture used for removal of pool or spa water.

(cx) "Parts per million (ppm)" means a unit of measurement in chemical testing which indicates the parts by weight in relation to one (1) million parts by weight of water.

(A) Parts per million as applied to pool and spa water chemistry is identical to the term milligrams per liter (mg/l).

(cxi) "Person" means an individual, partnership, corporation, association, other legal entity, government, or governmental subdivision or agency.

(cxii) "Person in charge" means the individual present at a public swimming pool, spa or similar installation who is responsible for the operation at the time of inspection.

(cxiii) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.

(A) "Personal care items" include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(cxiv) "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral.

(cxv) "Physical facilities" means the structure and interior surfaces of a public swimming pool, spa or similar installation including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(cxvi) "Plaster" means:

(A) A mixture of white cement and aggregate used as a type of interior finish, which is white or lightly tinted; and

(B) Is applied to a concrete pool, spa or similar installation.

(cxvii) "Plumbing fixture" means a receptacle or device that:

(A) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(B) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

(cxviii) "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water- treating equipment.

(cxix) "Plummet" means a line perpendicular to the water surface and extending vertically to a point located at the front of the diving board and at the center line directly in front of the diving board.

(cxx) "Plunge pool" means the pool located at the lower end of a flume.

(cxxi) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in the following four (4) categories:

(A) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(B) Pesticides except sanitizers, which include substances such as insecticides and rodenticides;

(C) Substances necessary for the operation and maintenance of the establishment such as non-food grade lubricants and personal care items that may be deleterious to health; and

(D) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(cxxii) "Pool" means an artificial structure containing water used for swimming, bathing, diving, surfing, wading or a similar use and is operated by an owner, lessee, operator, licensee, or concessionaire regardless of whether a fee is charged for use.

(cxxiii) "Precipitate" means a solid material which is forced out of a solution by some chemical reaction and which settles out or remains as a haze in suspension causing turbidity.

(cxxiv) "Premises" means:

(A) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or

(B) The physical facility, its contents, and the land or property not described under Subparagraph (A) of this definition, if its facilities and contents are under the control of the license holder and may impact the facility personnel, facilities, or operations, if the facility is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(cxxv) "Private-use pool" means any constructed pool, permanent or portable, which is intended for noncommercial use as a swimming pool by not over three owner families and their guests, and which:

(A) Is over twenty-four inches (24") in depth; and

(B) Has a surface area exceeding two-hundred fifty (250) square feet; or

(cxxvi) "PSI" means pounds per square inch.

(cxxvii) "Public pool" means a pool that is open to the public or a segment of the public.

(cxxviii) "Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations, as amended.

(cxxix) "Pump" means a mechanical device, usually powered by an electric motor, which causes hydraulic flow and pressure for the purpose of filtration, heating, and circulation of pool, spa and similar installation water.

(cxxx) "Rate of flow" means the quantity of water flowing past a designated point within a specified time, such as the number of gallons flowing in during one minute.

(cxxxi) "Rated pressure" means pressure that is equal to or less than the designed pressure and appears on the date plate of the equipment.

(cxxxii) "Recessed treads" mean a series of vertically spaced cavities in the pool, spa or similar installation wall creating tread areas for stepholes.

(cxxxiii) "Recreational water" means a facility or area together with associated buildings, appurtenances and equipment, in conjunction with artificial or natural ponds, springs, lakes, streams, or other bodies of water that is designated for public bathing, recreational and swimming use.

(cxxxiv) "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the public swimming pool, spa or similar installation.

(cxxxv) "Removable" means capable of being disassembled with the use of only simple tools such as a screwdriver, pliers or wrench.

(cxxxvi) "Return inlet" means the aperture or fitting through which the water under positive pressure returns into a pool, spa or similar installation.

(cxxxvii) "Return piping" means piping which is referred to as effluent.

(cxxxviii) "Ring buoy" means a ring-shaped floating buoy capable of supporting a bather and having an outside diameter of twenty (20) inches.

(cxxxix) "Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in the water of a public swimming pool, spa or similar installation.

(cxl) "Rope and float line" means a continuous line not less than one- half (½) inch in diameter, which is supported by buoys and attaches to opposite sides or ends of a pool to separate the deep and shallow ends or mark exercise or racing lanes.

(cxli) "Scale" means the precipitate that forms on surfaces in contact with water when the calcium hardness, pH, or total alkalinity levels are too high.

(cxlii) "Self-closing or self-latching" means a device which causes a gate to automatically fully close and latch without human or electrical power.

(cxliii) "Separation tank" means a tank used in conjunction with a filter to facilitate the separation of filtrate material for disposal.

(cxliv) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(cxlv) "Shallow areas" means pool water areas which are less than five (5) feet deep.

(cxlvi) "Shock treatment" means the practice of adding significant amounts of an oxidizing chemical to water to destroy ammonia, nitrogenous and organic contaminants in the water.

(cxlvii) "Skimmer weir" means the part of a skimmer which adjusts automatically to small changes in water level to assure a continuous flow of water to the skimmer.

(cxlviii) "Slide" means a slide used in conjunction with a pool twelve feet (12) or (3.66m) or less in height above the pool water surface.

(cxlix) "Slip resistant" means a surface which has been treated or constructed to significantly reduce the chance of a bather slipping.

(cl) "Sodium hypochlorite (NaOCl)" means a clear liquid form of an inorganic chlorine compound obtainable in concentrations of five (5) to one-hundred sixty (160) per zero (0) available chlorine.

(cli) "Spa pool" means a bathing facility such as, but not limited to, a hot tub or whirlpool designed for recreational or therapeutic use and not designed to be drained, cleaned, and refilled for each use.

(A) Spas are designed to provide a means of agitation, and includes, but is not limited to:

(I) Hydrojet circulation;

(II) Hot water;

(III) Cold water;

(IV) Mineral baths;

(V) Air induction systems; or

(VI) Any combination thereof.

(clii) "Stabilizer" means a chemical which helps reduce the excess loss of residual chlorine in water due to the ultraviolet rays of the sun.

(cliii) "Steps" mean:

(A) A riser or tread or a series of risers or treads extending down from the deck and terminating at the pool or spa floor.

(B) Steps may include recessed steps that have the risers located outside of user areas.

(cliv) "Suction piping" means piping which is referred to as influent.

(clv) "Suction outlet" means the aperture or fitting through which the water under negative pressure is drawn from the pool, spa or similar installation.

(clvi) "Superclorination" means:

(A) The practice of adding a sufficient amount of a chlorinating compound to water to destroy chlorine demand compounds and any combined chlorine which is present.

(II) The level of chlorine added is generally ten (10) times the level of combined residual chlorine in the water.

(clvii) "Surface skimmer system" means a device installed in the wall of an in-ground pool, spa or similar installation which permits the continuous removal of floating debris and surface water to the filters.

(A) A surface skimmer system may have the same meaning as a "through-wall system".

(clviii) "Swimming pool" means a body of water, other than a natural swimming area, maintained exclusively for swimming, recreative bathing or wading, and includes appurtenances used in connection with the swimming pool.

(clix) "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(clx) "Test kit" means a device for monitoring or measuring a specific chemical level in a pool, spa or similar installation water.

(clxi) "This act" means W.S. 35-28-101 through 35-28-110.

(clxii) "Time clock" means a mechanical device that automatically controls the periods which a pump, filter, chlorinator, heater, blower and other electrical devices are in the on position.

(clxiii) "Total alkalinity" means:

(A) The ability or capacity of water to resist change in pH.

(B) Total alkalinity is also known as the buffering capacity of water, and consists mainly of carbonates, bicarbonates and hydroxides.

(clxiv) "Total available chlorine" means the sum of both the free available and combined chlorine.

(clxv) "Total dissolved solids" means a measure of the total amount of dissolved matter in water including but not limited to:

(A) Calcium;

(B) Magnesium;

(D) Bicarbonates; or

(E) Metallic compounds

(clxvi) "Turbidity" means a cloudy condition of water due to the presence of extremely fine particulate materials in suspension which interfere with the passage of light.

(clxvii) "Turnover rate" means the period of time, usually in hours, required to circulate a volume of water equal to the pool, spa or similar installation capacity.

(clxviii) "UFC" means the Uniform Fire Code.

(clxix) "Underwater light" means:

(A) A fixture designed to illuminate a pool, spa or similar installation from beneath the water surface.

(B) A underwater light includes the following:

(I) A wet niche light.

(1.) A watertight and water-cooled light unit placed in a submerged, wet niche in the pool, spa or similar installation wall; or

(II) A dry niche light.

(1.) A light unit placed behind a watertight window in the pool, spa or similar installation wall.

(clxx) "UL" means Underwriters Laboratory.

(clxxi) "Vacuum" means:

(A) The reduction of atmospheric pressure within a pipe, tank, pump or other vessel.

(B) Vacuum is measured in inches of mercury.

(I) One (1") inch of mercury is equivalent to one point thirteen (1.13') feet of head.

(II) The practical maximum vacuum is thirty (30) inches of mercury or 33.9 feet of head.

(clxxii) "Valve" means:

(A) Any device in a pipe that will partially or totally obstruct the flow of water as in a ball, gate or globe valve, or permit flow in one direction only, as in a check or foot valve.

(B) Valve types include:

(I) Bleeder valve, a device which allows air to be vented from closed system;

(II) Multi-port valve, a device which allows the multi-directional control of the passage or flow of water through a system; or

(III) Push-pull valve, a device which allows the dual directional control or flow of water through a system.

(clxxiii) "Variance" means a written document issued by the Wyoming Department of Agriculture that authorizes a modification or waiver of one or more requirements of these Regulations if, in the opinion of the regulatory authority, a health or safety hazard or nuisance will not result from the modification or waiver.

(clxxiv) "Velocity" means the speed at which a liquid flows between two specified points, expressed in feet per second.

(clxxv) "Wading pool" means a pool that contains water two (2) feet, (6m) or less in depth.

(clxxvi) "Walls" mean the interior pool, spa or similar installation wall surfaces consisting of surfaces from plumb to a slope of eleven (11) degrees from plumb.

(clxxvii) "Waste water disposal system" means a plumbing system used to dispose of backwash or other water from a pool, spa or similar installation or from dressing rooms and other facilities associated with a pool, spa or similar installation.

(clxxviii) "Waterline" means, when associated with:

(A) A skimmer system:

(I) The waterline at the midpoint of the operating range of the skimmers when there are no users in the pool, spa or similar installation; or

(B) An overflow system:

(I) The waterline at the top of the overflow rim.

(clxxix) "Wave pool" means a pool with artificial waves designed to be used for body or board surfing.

(clxxx) "Zero depth pool" means a pool in which the pool floor intersects the water surface along at least one side of the pool.

Section 8. Operator Requirements.

(a) The owner or operator of each general use or limited use public pool shall have on staff or under contract for each facility a current Certified Pool Operator (CPO), an Aquatic Facility Operator (AFO), a National Spa and Pool Institute (NSPI) Tech I Certification or other equivalent certification approved by the regulatory authority.

(i) Owners or operators of general use or limited use public pools operating such facilities prior to July 1, 2003, shall have two (2) years from July 1, 2003, to comply with subsection (a) of this section.

(ii) Any new owner or operator opening a general use or limited use pool after July 1, 2003, shall have one (1) year to comply with subsection (a) of this section.

(iii) Owners or operators of general use or limited use pools shall replace any certified operator or contractor who terminates employment and/or service with the general use or limited use pool within ninety (90) days of such termination with a certified pool operator and/or contractor.

(b) The operator shall:

(i) Keep all parts and facilities of the public swimming pool, spa or similar installation clean;

(ii) In good repair;

(iii) Free of safety hazards; and

(iv) Ensure personnel are trained and knowledgeable in water testing, operating the water treatment equipment and are available whenever a pool or spa is open for use.

(c) If, at any time, testing indicates that the pool water does not comply with the requirements for clarity, residual free chlorine, pH or temperature (spas and flotation tanks) or chemical or bacteriological quality, the operator shall immediately close the facility to the public until these requirements are met.

Section 9. Person in Charge Requirement.

(a) The license holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is available during all hours of operation.

(b) The person in charge shall be knowledgeable in pool operation.

Section 10. Records.

(a) Operators of public swimming pools, spas or similar installations shall keep records pertaining to the operation and maintenance of the facility they operate.

(i) The records shall include:

(A) The bather load at the time of water quality testing;

(B) The amounts of chemicals added to the swimming pool, spa or similar installation;

(D) The date and time of filter backwash;

(E) The dates the swimming pool, spa or similar installation was emptied and/or cleaned; and

(F) The periods of recirculation equipment operation and/or malfunction and repair.

(ii) The records shall:

(A) Be maintained daily during periods when the swimming pool, spa or similar installation is open;

(B) Be retained by the operator and made available to the inspector upon request; and

Section 11. Adoption by Reference.

(a) For the purpose of all chapters, the citations herein are referenced throughout these Regulations.

(i) Certified Pool Operator (CPO); the American National Standards Institute (ASME); the American Red Cross (ARC); the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc., (ASIIRAE); the American Society of Mechanical Engineers (ASME); the American Society of Testing Materials (ASTM); the American Water Works Association (AWWA); the Aquatic Facility Operator (AFO); the Illuminating Engineering Society of North American (IESNA); the National Electrical Code (NEC); the National Electric Manufacturers Association (NEMA); the National Environmental Health Association Model Pool Code; The National Fire Protection Association (NFPA); the National Recreation and Park Association (NRPA); the National Sanitation Foundation International (NSFI); the National Swimming Pool Institute (NSPI); the National Swimming Pool Foundation (NSPF); the Standard Methods for Examination of Water and Wastewater; the United States Consumer Product Safety Commission (CPSC); the United States Environmental Protection Agency (EPA); the Uniform Building Code; the Uniform Fire Code; the Uniform Plumbing Code; Underwriters Laboratory (UL); and the Wyoming State Electrical Code.

(ii) ANSI/NSPI-50-1996, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs; ANSI Z223.1-1996, National Fuel Gas Code; ANSI Z21.56-1994, Standards for Gas Fired Heaters; ANSI/UL 1563-1995, Standard for Electric Hot Tubs, Spas and Associated Equipment; ANSI/NFPA 58-1998, Storage and Handling of Liquefied Petroleum Gases; ASME/ANSI A.112.19.8M R96, Suction Fitting for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances; NSPI June 1995 Workmanship Standards for Swimming Pools and Spas; Safety Standards for Swimming Pool Slides; the National Electrical Code, Chapter 6, Article 680-12 Disconnecting Means; the National Electrical Code, Chapter 6, Article 680 Swimming Pools, Fountains, and Similar Installations; the National Sanitation Foundation (NSF) Standard for Plastic Piping System Components and Related Materials and Circulation System Components; Underwriters Laboratory (UL) 1261-1992 Electric Heaters; Underwriters Laboratory (UL) 559-1985 Heat Pumps; Underwriters Laboratory (UL)1241, Junction Boxes for Swimming Pool Fixtures; and Underwriters Laboratory (UL) 1081, Swimming Pool Pumps, Filters and Chlorinators;

(iii) The Code of Federal Regulations (CFR): 29 CFR 1910 Occupational Health and Safety Standards; 40 CFR 141 National Primary Drinking Water Regulations.

(iv) Regulations, rules, and other authorities listed in (i), (ii) and (iii) above are hereby adopted by the Wyoming Department of Agriculture insofar as they are not inconsistent with the rules, regulations and laws of the State of Wyoming. These documents are available to the public at the office of the Wyoming Department of Agriculture.

(b) All references to regulations or other authorities in this rule should be to the provision existing on the effective date of this rule and do not include any later additions or amendments.

History

Effective 2003-10-09

Chapter 2 Requirements for Plan Submission & Specifications; License Application & Issuance; Inspection

Wyo. Code R. 010.0008.2.10092003 Requirements for Plan Submission & Specifications; License Application & Issuance; Inspection

CHAPTER 2

REQUIREMENTS FOR PLAN SUBMISSION AND SPECIFICATIONS; LICENSE APPLICATION AND ISSUANCE; INSPECTION.

Section 1. Prerequisite for Operation.

(a) No person shall operate a public swimming pool, spa or similar installation without a valid license issued by the regulatory authority.

(i) Each public swimming pool, spa or similar installation which operates on a separate circulation system, shall be licensed.

(ii) When a person operates two (2) or more public swimming pools, spas or similar installations not on the same premises in this state, a separate license shall be required for each.

(iii) A person operating more than one public swimming pool, spa or similar installation which is on the same circulation system, on the same premises may operate under one (1) license.

Section 2. Submission and Contents of the License Application.

(a) Pursuant to W.S. 35-28-108(a), any person operating a public pool, spa or similar installation shall obtain a license from the Wyoming Department of Agriculture or a local health department and shall be thoroughly knowledgeable on good practices of swimming pool and spa operation and with the laws and regulations pertaining to public swimming pools, spas, and similar installations. The license is not transferable, shall be renewed on an annual basis and shall be prominently displayed in the facility. No public pool, spa or similar installation shall operate without valid license.

(b) Pursuant to W.S. 35-28-108(b), written application for a new license shall be made on a form approved by the Wyoming Department of Agriculture and provided by the Wyoming Department of Agriculture or the local health department and shall be signed by the applicant.

(i) The application shall include:

(B) Information specifying whether the public swimming pool, spa or similar installation is owned by an association, corporation, individual, partnership, or other legal entity;

(I) Certifies to the accuracy of the information provided in the application; and

(II) Affirms that the applicant will:

(1.) Comply with these Regulations; and

(2.) Allow the regulatory authority access to the facility as specified under chapter 2, section 22(a) and to the records specified under chapter 1, section 10.

Section 3. Qualifications and Responsibilities of Applicants.

(a) To qualify for a license, an applicant shall:

(i) Be an owner of the public swimming pool, spa or similar installation or the person legally in charge of the business entity;

(ii) Comply with the requirements of these Regulations; and

(iii) As specified under chapter 2, section 22(a), agree to allow access to the public swimming pool, spa or similar installation and to provide required information.

Section 4. Issuance of a License.

(a) For public swimming pools, spas or similar installations that are required to submit plans as specified under chapter 2, section 5(a), the regulatory authority shall issue a license to the applicant after:

(i) A properly completed application is submitted;

(ii) The required plans, specifications, and information are reviewed and approved; and

(iii) A pre-operational inspection shows that the public swimming pool, spa or similar installation is built or remodeled in accordance with the approved plans and specifications and that the facility is in compliance with these Regulations.

(b) The regulatory authority may renew a license for an existing public swimming pool, spa or similar installation or may issue a license to a new owner of an existing public swimming pool, spa or similar installation after:

(i) A properly completed application is submitted, reviewed, and approved; and

(ii) An inspection shows that the public swimming pool, spa or similar installation is in compliance with these Regulations.

Section 5. When Plans and Specifications Are Required.

(a) A license applicant or license holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval before:

(i) The construction of a public swimming pool, spa or similar installation;

(ii) The conversion of an existing structure for use as a public swimming pool, spa or similar installation; or

(iii) The remodeling of a public swimming pool, spa or similar installation or a change of type of the public swimming pool, spa or similar installation as specified under chapter 2, section 6, if the regulatory authority determines that plans and specifications are necessary to ensure compliance with these Regulations.

Section 6. Contents of the Plans and Specifications.

(a) Plans and specifications with supporting data must be prepared by a professional engineer who is registered in this state, an architect who is registered in this state, or a licensed contractor who holds a license issued by the state contractors' board and shall:

(i) Include the seal or signature of the registered engineer or architect; or

(ii) Include the signature of the licensed contractor.

(b) The plans must be:

(i) Drawn to scale;

(ii) Contain a north arrow; and

(iii) Must be accompanied by proper specifications so as to permit a comprehensive public health review of the plans.

(i) The surface area of the pool;

(ii) The volume, turn-over time, flow rate, filter and automatic chemical feed apparatus, filter head loss and pump curve showing design flow;

(iii) The source of the water used;

(iv) The means of disposing wastewater according to law;

(v) Plan and sectional views with all necessary dimensions of the facility;

(vi) A piping diagram showing all appurtenances including treatment facilities in sufficient detail, as well as pertinent elevation data to permit a hydraulic analysis of the system;

(vii) Details on all treatment equipment, including:

(A) The manufacturer, make and model numbers of the pump, filter and automatic chemical feed apparatus,

(B) Filter head loss; and

(viii) Catalog identification;

(A) If mechanical equipment is specified by the use of a trade name or catalog numbers, individual leaflets, catalogs, equipment specification sheets or other descriptive material must be furnished. This material will be returned to the applicant on his request after the review of the plans.

(ix) An electrical diagram showing the method of grounding, junction boxes and other pertinent details;

(x) Detailed plans of bathhouses, equipment rooms, dressing rooms, toilet facilities, showers and other appurtenances;

(xi) One site plan with a legal description of the pool location; and

(xii) Any additional data required by the regulatory authority for purposes of clarification, anticipated use or to support any changes in design or scope of the project must be submitted prior to construction.

Section 7. Approval of Plans and Specifications.

(a) The regulatory authority shall review all plans and specifications to determine if they are in compliance with these Regulations. After reviewing the plans and specifications the regulatory authority shall:

(i) Complete a plan review sheet.

(b) If the plans and specifications are approved, a copy of the plan review sheet denoting the approval shall be provided to the license applicant or license holder.

(c) If the plans and specifications are disapproved, a copy of the plan review sheet stating the reason for disapproval shall be sent to the license applicant or license holder.

(d) The review of the plans by the regulatory authority will not include a review of the structural design or structural stability of any section or part of the facility. Certification of structural adequacy is the responsibility of the architect, a qualified professional engineer who is licensed by the state board of registered professional engineers or qualified contractor.

Section 8. Pre-operational Inspections.

(a) The regulatory authority shall conduct one or more pre-operational inspections to verify that the swimming pool, spa or similar installation is constructed and equipped in accordance with the approved plans and approved modifications of those plans and is in compliance with law and these Regulations.

(b) The regulatory authority shall conduct a pre-opening inspection prior to issuance of a license.

Section 9. Denial of License Application, Notice

(a) The director may by order deny a license application if he finds:

(i) The applicant has made false statements on the license application;

(ii) The applicant has violated or failed to comply with any provision of law;

(iii) The applicant is the subject of an order within the past two (2) years of any regulatory authority in this state or any other denying, suspending or revoking a license; and

(iv) The applicant has failed to correctly and completely fill out the application.

(b) If a license application is denied, the regulatory authority shall provide the applicant with a notice that includes:

(i) The specific reasons and regulation citations for the license application denial;

(ii) The actions, if any, that the applicant must take to qualify for a license application;

(iii) Advisement of the applicant's right to request a hearing before the director;

(iv) The legal authority under which the hearing is to be held; and

(v) A short plain statement of the matters asserted.

(e) The applicant shall be notified of the time, date and place of the hearing at least seven (7) days before the date of the hearing.

(i) The legal authority under which the hearing is to be held; and

(ii) A short plain statement of the matters asserted.

(f) If the applicant supplies evidence of correction and all other license requirements have been met a license shall be issued.

Section 10. Responsibilities of the License Holder.

(a) Upon acceptance of a license issued by the regulatory authority, the license holder in order to retain the license shall:

(i) Post the license in a location at the public swimming pool, spa or similar installation that is conspicuous to the public;

(ii) Comply with the provisions of these Regulations including the conditions of granted variance as specified under chapter 1, section 5, and approved plans as specified under chapter 2, section 7;

(iii) Immediately discontinue operations and notify the regulatory authority if a health or safety hazard exists;

(iv) Allow representatives of the regulatory authority access to the establishment as specified under chapter 2, section 22;

(v) Replace existing facilities and equipment with facilities and equipment that comply with these Regulations if:

(A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health or safety hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

(B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or

(vi) Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the license holder's swimming pool, spa or similar installation or in response to community emergencies;

(vii) Accept notices issued and served by the regulatory authority according to law; and

(viii) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with these Regulations or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

Section 11. Ceasing Operations and Reporting.

(a) Except as specified in chapter 2, section 11(b), a license holder shall immediately discontinue operations and notify the regulatory authority if an imminent health or safety hazard may exist because of an emergency such as, but not limited to, a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, or gross insanitary occurrence or condition.

(b) A license holder need not discontinue operations in an area of the swimming pool, spa or similar installation that is unaffected by the imminent health or safety hazard.

Section 12. Resumption of Operations.

(a) If operations are discontinued as specified under chapter 2, section 11, or otherwise according to law, the license holder shall obtain approval from the regulatory authority before resuming operations.

Section 13. Conditions Warranting Remedy.

(a) The regulatory authority may seek an administrative or judicial remedy including an administrative meeting to achieve compliance with the provisions of these Regulations if person operating a public swimming pool, spa or similar installation or employee:

(i) Fails to have a valid license to operate a public swimming pool, spa or similar installation as specified under chapter 2, section 1;

(ii) Violates any term or condition of a license as specified under chapter 2, section 10;

(iii) Allows serious or repeated Regulation violations to remain uncorrected beyond time frames for correction approved, directed, or ordered by the regulatory authority under chapter 2, sections 24 and 26;

(iv) Fails to comply with an order issued as a result of a hearing for an administrative remedy;

(v) Fails to comply with a summary suspension order issued by the regulatory authority as specified in chapter 2, sections 15; or

(vi) Fails to comply with any other Rule or Regulation.

Section 14. Administrative Meetings.

(a) The Wyoming department of agriculture, or a local board of health may initiate an administrative meeting for the licensee if:

(i) There is a history of non-compliance with the act or the Regulations adopted under the act; or

(ii) There was refusal to grant access by the regulatory authority.

(b) Notice of administrative meeting shall state:

(i) The reasons for the notice of administrative meeting with reference to the provisions of the Regulations that are in violation;

(ii) The location and time the administrative meeting will be held; and

(i) The licensee may appear in person or by or with counsel licensed to practice in the State of Wyoming.

(c) The Wyoming Department of Agriculture, or local board of health will conduct the administrative meeting and hear opposing opinions regarding the issue(s) in question.

(d) The purpose of the administrative meeting is to facilitate a mutually agreed upon plan of compliance for the license holder.

(a) The plan of compliance shall be:

(i) Presented, in writing to the license holder after the meeting;

(ii) Effective immediately upon presentation with a correction completion date ten (10) business days from the presentation date at which time a re-inspection will be performed; and

(iii) Signed by both the license holder and the regulatory authority.

(f) The administrative meeting may have three (3) possible outcomes:

(i) A mutually agreed upon plan of compliance with a reinspection date;

(ii) No agreement of cooperation by the license holder resulting in a revocation notice being issued; or

(iii) Dismissal of the meeting by the Wyoming Department of Agriculture or local board of health

(g) If no agreement is reached between the Wyoming Department of Agriculture or local board of health and the license holder or the re-inspection finds the plan of compliance has been ignored, a revocation notice shall be issued within ten (10) business days of the no agreement date or the re-inspection date.

Section 15. Summary Suspension.

(a) The regulatory authority may summarily suspend a license to operate a public swimming pool, spa or similar installation if it determines through inspection, water quality testing, records, or other authorized means, or after consultation with the state health officer, that an imminent health or safety hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, sewage backup, or waterborne illness or disease.

(ii) A summary suspension notice shall state:

(A) That the license is immediately suspended and that all operations shall immediately cease;

(B) The reasons for summary suspension with reference to the provisions of these Regulations being violated;

(D) The name and address of the regulatory authority representative to whom notice for reinspection may be made and who may certify that reasons for the suspension are eliminated;

(F) The regulatory authority shall provide the name and address of the regulatory authority representative to whom a request for a contested case hearing may be made.

(iii) The regulatory authority shall conduct a reinspection of the public swimming pool, spa or similar installation for which the license was summarily suspended within forty-eight (48) hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.

(iv) A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority through reinspection and other means as appropriate or until a court of competent jurisdiction otherwise orders.

(v) The suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health or safety hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge.

Section 16. Revocation.

(a) The regulatory authority may initiate revocation proceedings for a license if:

(i) The condition for which the summary suspension was issued is not corrected; or

(ii) There is a history of noncompliance with the act or the regulations adopted under the act; or

(iii) There was a refusal to grant access to the regulatory authority.

(b) The revocation notice shall state:

(i) That the license shall be revoked fifteen (15) calendar days after receipt of the revocation notice and that all operations shall cease at that time unless a contested case hearing is requested;

(A) The revocation notice shall be sent by certified mail, return receipt requested, or personally served on the person in charge.

(ii) The reasons for revocation with reference to the provisions of these Regulations alleged to have been violated;

(iii) That the license holder may request a hearing by submitting a request within fifteen (15) days of the receipt of the notice of revocation;

(iv) The name and address of the regulatory authorities representative to whom a request for a hearing may be made;

(v) If a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through 115; and

(vi) The licensee may appear in person or by or with counsel licensed to practice in the State in Wyoming.

(c) The final decision, accompanied by written findings of fact and conclusions of law and order, shall be issued by the director of the Wyoming Department of Agriculture or local board of health.

(d) The final decision shall be delivered to the license holder by certified mail, return receipt requested.

Section 17. Hearings.

(a) All hearings provided for in this Regulation shall be conducted in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through 115. Appeal from any final order of the Wyoming Department of Agriculture or local board of health shall be taken as provided by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

Section 18. Service of Notices.

(a) A notice issued in accordance with these Regulations, except for a notice of summary suspension which shall be considered properly served pursuant to chapter 2, section 15, shall be considered to be properly served if it is served by one of the following methods:

(i) The notice is personally served by the regulatory authority, a law enforcement officer, or a person authorized to serve a civil process to the license holder, the person in charge, or person operating a public swimming pool, spa or similar installation without a license;

(ii) The notice is sent by the regulatory authority to the last known address of the license holder or the person operating a public swimming pool, spa or similar installation without license, by registered or certified mail return receipt requested or by other public means so that a written acknowledgment of receipt may be acquired;

(iii) If the notice is unable to be delivered after reasonable attempts to serve, then the notice shall be clearly posted by the regulatory authority at a public entrance to the public swimming pool, spa or similar installation; or

(iv) The notice is provided by the regulatory authority in accordance with another manner of service authorized in law.

Section 19. When Service is Effective.

(a) Service is effective at the time of the receipt of the notice or at the time of the posting of the notice.

Section 20. Establishing Inspection Interval.

(a) The regulatory authority shall inspect public swimming pools, spas and similar installations based on the relative risk to public health and safety, with no such facility receiving less than one (1) inspection per year.

(b) The regulatory authority may increase the interval between inspections beyond once per year:

Section 21. Performance and Risk-Based Inspections.

(a) Within the parameters specified under chapter 2, section 20, the regulatory authority shall prioritize and conduct more frequent inspections based upon its assessment of a public swimming pool, spa or similar installations relative risk to public health and safety and the history of compliance with these Regulations by evaluating:

(i) Past performance, for nonconformance with these Regulations;

(ii) Past performance, for numerous or repeat violations of these Regulations;

(iii) Past performance, for complaints investigated and found to be valid;

(iv) The health or safety hazards associated with the particular public swimming pool, spa or similar installation;

(v) The type of operation; and

(vi) The number of people served.

Section 22. Access for Inspection.

(a) After the regulatory authority presents official credentials and states the purpose of, and an intent to conduct an inspection, the person in charge shall allow the regulatory authority to determine if the swimming pool, spa or similar installation is in compliance with these Regulations by:

(i) Allowing access to the swimming pool, spa or similar installation;

(ii) Allowing inspection; and

(iii) Providing information and records specified in these Regulations and to which the regulatory authority is entitled according to law, during the swimming pool, spa or similar installation hours of operation and other reasonable times.

(b) Denial of access to inspect shall be grounds for revocation of a license.

Section 23. Documenting Information and Observations.

(a) The regulatory authority shall document on an inspection report form:

(i) Administrative information about the public swimming pool, spa or similar installations legal identity, street and mailing addresses, type of facility and operation as specified under chapter 2, section 2(b), inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required; and

(ii) Specific factual observations of violative conditions or other deviations from these Regulations that require correction by the license holder including but not limited to:

(A) Failure of the public swimming pool, spa or similar installation being maintained in whole or in part in a clean and sanitary condition, in good repair and free of safety hazards;

(B) Testing verifies the pool, spa or similar installation water does not comply with the requirements set forth in these Regulations;

(C) Is failing to meet generally accepted health and safety practices for pool, spa and similar installation operation in compliance with the laws and regulations pertaining to public swimming pool, spa and similar installations;

(D) Failure of the appropriate employees to demonstrate sufficient knowledge of good practices of swimming pool, spa and similar installation operation;

(E) Failure of the appropriate employees to demonstrate sufficient knowledge of the laws and regulations pertaining to public swimming pool, spa or similar installations; and

(F) Failure to keep and maintain records pertaining to the operation and maintenance of the public pool, spa or similar installation as required in chapter 1, section 10.

Section 24. Timely Correction for Critical Item Violation.

(a) Except as specified in chapter 2, section 24(b), a license holder shall at the time of inspection correct a critical violation of these Regulations.

(b) Considering the nature of the potential health or safety hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed ten (10) calendar days after the inspection, for the license holder to correct critical violations of these Regulations.

Section 25. Verification and Documentation of Correction for Critical Item Violation.

(a) After observing at the time of inspection a correction of a critical item violation the regulatory authority shall enter the violation and information about the corrective action on the inspection report.

(b) After receiving notification that the license holder has corrected a critical item violation or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records.

Section 26. Time Frame for Correction for Noncritical Violation.

(a) Except as specified in chapter 2, section 26(b), the license holder shall correct noncritical violations by a date and time agreed to or specified by the regulatory authority but no later than ninety (90) calendar days after the inspection.

(b) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under chapter 2, section 24(b), if a written schedule of compliance is submitted by the license holder and no health or safety hazard exists or will result from allowing an extended schedule for compliance.

Section 27. Issuing Report and Obtaining Acknowledgment of Receipt.

Section 28. Refusal to Sign Acknowledgment.

(a) The regulatory authority shall:

(i) Inform a person who declines to sign an acknowledgment of receipt of inspection findings that:

(A) An acknowledgment of receipt is not an agreement with findings;

(B) Refusal to sign an acknowledgment of receipt will not affect the license holder's obligation to correct the violations noted in the inspection report within the time frames specified; and

(C) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority's historical record for the public swimming pool, spa or similar installation.

Section 29. Examining, Sampling, and Testing Water Used in Public Swimming Pools, Spas or Similar Installations.

(a) The regulatory authority may examine, sample, and test water used in public swimming pools, spas or similar installations in order to determine its compliance with these Regulations.

History

Effective 2003-10-09

Chapter 3 General & Structural Design; Equipment Standards

Wyo. Code R. 010.0008.3.10092003 General & Structural Design; Equipment Standards

CHAPTER 3

GENERAL AND STRUCTURAL DESIGN; EQUIPMENT STANDARDS

Section 1. Overall Structure.

(a) Public pools, spas and similar installations and all appurtenances shall be:

(i) Constructed of materials which are considered to be nontoxic to humans and the environment;

(ii) Are impervious and enduring, and will withstand design stresses; and

(iii) Will provide a water-tight structure with smooth and easily cleanable surface without cracks or joints, excluding structural joints.

(b) The structural design and materials used for pools, spas or similar installations shall be in accordance with generally accepted industry engineering practices and methods prevailing at the time of original construction.

(i) It is recommended that pools and spas be constructed to meet the NSPI Workmanship Standards for Swimming Pools and Spas.

(i) The pool shall be shaped to provide for complete water re-circulation and mixing.

(d) The shell and appurtenances, piping, filter system, pump and motor and other components shall be designed and constructed to facilitate protection from damage due to freezing.

Section 2. Interior Surface Characteristics, Color.

(a) Earth shall not be permitted as an interior finish in a pool, spa or similar installation.

(b) The colors, patterns or finishes of a public pool, spa or similar installation shall not obscure the existence or presence of objects or surfaces within the pool, spa or similar installation.

(i) Light colored except for:

(A) Water lines that are tiled;

(B) Racing lane markings (painted or tiled maximum twelve (12) inches wide);

(D) Safety markers.

Section 3. Hydrostatic Relief Valve.

(a) A hydrostatic relief valve or a more extensive hydrostatic system shall be installed if necessary to prevent ground water pressure from displacing or otherwise damaging a new pool or spa.

Section 4. Interior Surface Footing.

(a) The surfaces within a pool, spa or similar installation intended to provide footing for users shall have a slip-resistant surface to help reduce the chance for a fall.

(i) The roughness or irregularity of such surfaces shall not cause injury to the feet during normal use.

Section 5. Roofs or Canopies.

(a) Roofs or canopies over pools, spas or similar installations shall be constructed so that water run-off or other forms of pollution do not drain or fall into the pool, spa or similar installation.

Section 6. Plumbing.

(a) Plumbing shall be sized, installed, and maintained according to applicable state regulations or local plumbing codes.

Section 7. Piping; Design, Material, Color Coding.

(a) Pool re-circulation piping shall be sized to carry the following maximum design loads:

(i) Discharge piping (except copper and asbestos cement pipe) 10 ft./sec. (3.05m/sec.)

(ii) Discharge piping (copper) 8 ft./sec (2.44m/sec.)

(iii) Suction velocity 6 ft./sec. (1.83m/sec.)

(iv) Discharge and suction (asbestos cement) 6 ft./sec. (1.83m/sec.)

(b) All pool re-circulation piping shall be rated and capable of withstanding four (4) times the maximum operating pressure at maximum water temperatures.

(c) Plastic pool re-circulation piping shall comply with the National Sanitation Foundation Standard #14 for Plastic Piping System Components and Related Materials.

(d) Metallic piping, except stainless steel used in pool re-circulation systems shall have a corrosion resistant internal lining.

(e) Metal or chlorinated polyvinyl chloride pipe (CPVC) shall be used eighteen(18) inches (49cm) upstream and downstream of heating equipment.

(f) The piping system shall have direction of flow arrows indicated on the pipes.

(g) Public pools shall have a flow diagram of the pool's piping system with operation instructions.

(i) The flow diagram and instructions shall be available on the premises at all times.

(h) A piping system for a general use pool shall be color coded as specified in the following chart:

| Pool water | Blue | | --- | --- | | Fill or makeup water, untreated water | Red | | Treated, filtered water | White | | Back wash water | Black |

Section 8. Walls

(a) Walls shall not be greater than eleven (11) degrees from plumb for a minimum depth of two (2) feet three (3) inches in the shallow areas.

(i) Below these depths the wall may be radiused to join the floor.

(b) If a pool design requires the wall have a greater slope than eleven (11) degrees the slope shall be designed so as not to exceed one (1) foot in twelve (12) feet.

Section 9. Size.

(a) The size of a pool, spa or similar installation shall be governed by the requirements of the activities for which the installation is intended.

(b) A public pool, spa or similar installation shall not exceed the design limit of user functions described in the following chart:

Outdoor swimming pool Maximum load = A* / 20

Indoor swimming pool and wading pool Maximum load = A* / 24

Spa pool Maximum load = A* / 10

Plunge pool Maximum load = A* / 50

Where A* equals the surface area of the pool in square feet.

Section 10. Water Depth, Requirements.

(a) A public swimming pool, competition pool, plunge or wave pool shall be a maximum of three (3) feet six (6) inches (1.07m) in depth at the shallowest point.

(b) The transitional point from the shallow area to the deep area and at the points of separation of diving, slide and amusement areas shall be visually set apart with:

(i) A rope and float line;

(ii) Depth markers; and

(iii) A four (4) inch minimum row of floor tile, painted line or similar means of color which contrasts with the bottom of the pool.

(c) Zero depth design for pools or similar installations shall be allowed where the bottom of the pool in the shallow area is designed and constructed to meet the pool deck surface at slope not to exceed one (1) foot in twelve (12) feet to a water depth of one and one half (1½) feet.

(i) In pools where the water depth is less than one and one half (1½) feet, floor inlets shall:

(A) Be provided; and

(B) Spaced uniformly with at least one inlet per two hundred (200) square feet or portion thereof.

(d) A wading pool shall not be more that two (2) feet (.6m) in depth as measured from the water line.

(e) A spa pool shall not be more than four (4) feet (1.2m) in depth.

(i) The depth to be measured from the water line.

(f) Depths and clearances for pools without diving boards shall comply with the following figure;

and, table:

LONGITUDINAL SECTION

| Dimension | D-1 | D-2 | D-3 | D-4 | L-1 | R-1 | R-2 | | --- | --- | --- | --- | --- | --- | --- | --- | | Minimum | 2'6" | (1) | --- | 0'0" | 3'6" | --- | 0'" | | Maximum | --- | --- | 5'0" | 3'6" | --- | (2) | 1'0" |

(1) Shall be located to provide complete drainage of the pool.

(2) D-2 minus D-1.

(g) Depths and clearances for pools with diving boards thirty (30) inches or less above the water line shall comply with the following figures and table:

LONGITUDINAL SECTION

TRANSVERSE SECTION AT D-2

| Dimension | D-1 | D-2 | D-3 | D-4 | D-5 | L-1 | L-2 | W-1 | W-2 | R-1 | R-2 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Minimum | 2’6” | 8’6” | 4’6” | 0’0” | 7’0” | 6’0” | 2’6” | 9’0” | 3’0” | — | 0’6” | | Maximum | — | — | 5’0” | 3’6” | — | 10’0” | 4’0” | — | — | (1) | 1’0” |

D-2 minus D-1.

(h) Depths and clearances for pools with diving boards greater that thirty (30) inches above the water line shall comply with the following figures and tables:

LONGITUDINAL SECTION

TRANSVERSE SECTION THROUGH D-2 ENLARGED SHALLOW END SECTION

| Brd | Dim | D1 | D-2 | D-3 | D-4 | D-5 | D-6 | L-1 | L-2 | W-1 | W-2 | W-3 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 m | Min | 6'0" | 12'0" | 11'0" | 4'6" | 2'6" | 0'0" | 20'0" | 4'0" | 10'0" | 5'0" | 11'0" | | 2 m | Min | 7'0" | 13'0" | 12'0" | 4'6" | 2'6" | 3'6" | 20'0" | 6'0" | 10'0" | 5'0" | 12'0" |

Section 11. Floor Slopes.

(a) Floor slopes in public pools shall, at a minimum meet the following requirements:

(i) All slopes shall be uniform;

(ii) The shallow area shall be uniform to a depth of five (5) feet (1.52m) and shall not exceed one (1) foot (.3m) of fall in twelve (12) feet (3.66m); and

(iii) The transition area between the deep and shallow portions of the pool shall not exceed one (1) foot (.3m) of fall in three (3) feet (.91m).

(b) The wall/flooring transition radius shall:

(i) Have its center no less than two (2) feet six (6) inches (.79m) below the surface of the water;

(ii) Be tangent to the point where the radius meets the wall or the floor; and

(iii) Have a radius at least equal to the depth of the pool minus the vertical wall depth measured from the water line.

Section 12. Equipment Rooms.

(b) Pool equipment rooms shall:

(i) Be large enough to permit access to all equipment for both operation and maintenance;

(ii) Be adequately ventilated;

(iii) Have a floor sloped to a floor drain; and

(iv) Protect pool equipment from the weather and be locked, permitting access only to authorized personnel.

Section 13 . Electrical Requirements; Lighting.

(a) All new installations of electrical equipment at pools, spas, and similar installations, and other facilities serving the pool, spa or similar installation shall comply with the applicable provisions set forth in the National Electrical Code, or state or local electrical codes.

(b) Electrical equipment shall be listed by an ANSI-accredited, independent, third-party conformity assessment organization.

(i) Be installed to meet manufacturer’s specifications;

(ii) Meet applicable federal, state or local codes and regulations;

(iii) Be in compliance with UL 1241, Junction Boxes for Swimming Pool Fixtures; and

(iv) Be in compliance with UL 1081, Swimming Pool Pumps, Filters and Chlorinators.

(d) Light fixtures shall be shielded or safety coated to prevent broken glass from falling onto the deck area or into the pool.

Section 14. Electrical Equipment, Ground Fault Interrupters.

(a) Equipment such as duplex plugs, lighting and other electrical equipment serving pool, spa or similar installation facilities shall be protected with ground fault interrupted circuits which comply with the National Electrical Code.

Section 15. Bonding and Grounding.

(a) Electrical equipment serving pools, spas and similar installations shall be grounded as described in ANSI/UL 1563-1995, Standard for Electric Hot Tubs, Spas and Associated Equipment, and the National Electrical Code.

(b) Pool, spa and similar installation pumps shall be both internally and externally grounded.

Section 16. Overhead Wires.

(a) No overhead electrical wiring shall pass within twenty (20) feet of the pool, spa or similar installation enclosure.

Section 17. Electrical Disconnecting Means.

(a) Electrical disconnecting means for pools, spas and similar installations shall:

(i) Be accessible;

(ii) Be located within sight of the pool, spa or similar installation; and

(iii) Be located at a distance from the inside wall of the pool or spa as required by the National Electrical Code, chapter 6, article 680-12-Disconnecting Means.

Section 18. Other Electrical Equipment, Location.

(a) Electrical switches, outlets, deck lights and other such electrical equipment shall be located at a distance from the inside wall of a pool, spa or similar installation unless separated from the pool, spa or similar installation by a solid fence, wall or other permanent barrier as required by the National Electrical Code, chapter 6, article 680 – Swimming Pools, Fountains, and Similar Installations.

Section 19. Pool Heaters, Types.

(a) A fuel-burning swimming pool heater shall:

(i) Be situated so the pilot light, if present, is readily accessible; and

(ii) Have an adequate supply of combustion air.

(b) Electrical heaters shall be installed in accordance with the Wyoming State Electrical Code.

(c) Temperature and pressure relief devices shall be installed according to the Uniform Building Code and Uniform Plumbing Code standards on all heaters.

Section 20. Heaters and Boilers, Certification.

(a) Pool, spa and similar installation heaters and boilers shall:

(i) Be designed, constructed and operated to comply with applicable federal, state or local codes and standards; and

(ii) Be designed to comply with the manufacturer’s specifications.

Section 21. Heaters and Boilers, Installation and Testing.

(a) All heating equipment using either fossil fuels such as natural gas, liquid petroleum gas, No. 2 fuel oil, or electric heating equipment for heating pool water for pools and spas shall:

(i) Comply with ANSI Z21.56, Standards for Gas-Fired Heaters; or

(ii) Comply with UL 1261, Standard for Electric Heaters or UL 559, Standards for Heat Pumps.

(iii) Be installed on a surface with sufficient structural strength to support the heater when it is full of water and operating;

(iv) Be level and stationary after plumbing, gas and/or electrical connections are completed.

(A) Heaters requiring a non-combustible surface per the manufacturer shall be placed on a concrete or other acceptable surface in accordance with ANSI Z21.56, Standards for Gas-Fired Heaters.

(v) Be installed and maintained with at least the minimum clearances to combustibles for which the heater has been tested as specified by the manufacturer;

(vi) Have adequate ventilation in order to ensure proper operation; and

(vii) Be grounded and bonded to reduce electrical shock hazard.

(b) Heaters with electronic ignition shall be wired in series with the circulation pump to ensure they will not turn on when the pump is off.

(c) Water flow through the heater, bypass plumbing, cross-connection protection, and heat sinks shall be in accordance with the manufacturer’s specifications and with the requirements of state and/or local regulatory authorities.

Section 22. Heating Energy Sources.

(a) The heating energy source for pools, spas and similar installations shall:

(i) Be designed, constructed and operated to comply with applicable federal, state, or local codes and standards; and

(ii) Be designed to comply with the manufacturer’s specifications.

(b) Natural gas energy supply piping shall:

(i) Comply with the manufacturer’s specifications; and

(ii) With ANSI Z223., National Fuel Gas Code.

(i) Have a gas cock, properly sized and readily accessible outside the jacket, to stop the flow of natural gas for heater service or emergency shutdown.

(d) Where liquid petroleum gas appliances are used, they shall be installed in accordance with ANSI/NFPA 58, Storage and Handling of Liquefied Petroleum Gases.

(i) The storage tank, supply piping and regulator shall be adequately sized to ensure operating fuel pressures as specified by the appliance manufacturer.

(ii) Propane appliances located in a pit or enclosed area shall be installed in accordance with ANSI/NFPA 58, Storage and Handling of Liquefied Petroleum Gases.

Section 23. Air Blower and Air Induction Systems; Entry Devices.

(a) This section pertains to all devices and systems which induce or allow air to enter the spa either by means of a power pump or passive design.

(i) Air intake sources shall not:

(A) Induce water external to the spa unit; and

(B) Induce dirt or contaminants into the spa.

(ii) An air blower installed within an enclosure or indoors shall:

(A) Be provided with adequate ventilation;

(B) Be installed in accordance with any federal, state or local codes;

(D) Be accessible for inspection and service.

(b) Integral air passages shall be pressure tested at the time of manufacture to provide structural integrity to a value of one and one-half (1½) times the intended working pressure.

(d) A hydrotherapy pump and air blower in a spa pool shall be connected to a maximum fifteen (15) minute time switch located no closer than ten (10) feet (3m) from the spa water’s edge.

(e) Air blower and air induction systems must be separate from the recirculation system.

Section 24. Decks; Size Requirements.

(a) Decks shall be designed, installed and provided at all public swimming pools and similar installations to meet the following minimum continuous unobstructed widths, which may include the coping size requirements:

(i) General-use pools - eight (8) feet (2.44m);

(ii) Limited-use pools - four (4) feet (1.22m); or

(iii) Spa pools with less that one hundred (100) square feet (9.3m²) of water surface area shall have a six (6) foot (1.83m) by eight (8) foot (2.44m) continuous, unobstructed deck on at least one side of the spa.

(A) Spa pools with one hundred (100) square feet (9.3m²) of water surface or more shall provide additional deck area at least four (4) feet (1.22m) wide around at least fifty (50) percent of the spa.

(b) A minimum of four (4) feet (1.22m) unobstructed deck shall be provided on all sides of diving equipment.

(i) Deck water shall not:

(A) Drain into the pool; or

(B) Puddle on the deck surface.

Section 25. Decks, Surface Materials.

(a) Deck surfaces shall be constructed of:

(i) Concrete;

(ii) Nonslip tile; or

(iii) An equally impervious material with a smooth, slip-resistant, cleanable surface.

(b) Joints between concrete deck slabs shall be water tight.

(i) Shall be provided with expansion joints; (ii)

(iii) The voids between adjoining concrete deck slabs shall be no greater than three-sixteenths (3/16) of an inch (5mm); and

(iii) Adjoining deck surface elevations shall vary no more than one-fourth (1/4) inch (6mm).

Section 26. Decks, Drainage.

(a) Decks shall be sloped to drain to perimeter drains.

(i) Drainage shall remove the following types of water, without leaving standing water:

(A) Pool and spa splash water;

(B) Deck cleaning water; and

(b) The surface of a deck must not drain into the pool or the overflow gutter and must not be returned to the re-circulation system.

(i) Drainage must be conducted from the deck in a manner which will not create muddy, hazardous or objectionable conditions.

(i) All perimeter deck drainage;

(ii) General site drainage; and

(iii) Roof drainage away from the pool.

(A) When required, yard drains shall be installed to prevent the accumulation or puddling of site water in the general area of the deck and related improvements.

Section 27. Decks, Equipment.

(a) Valves installed in or under the deck shall be provided with a minimum ten

(10) inch diameter access cover and a valve pit to facilitate servicing.

(b) A sufficient number of hose bibs, equipped with vacuum breakers shall be provided for washing down the deck area.

Section 28. Decks, Prohibited Material.

(a) Wood decking around public pools is prohibited; and

(b) Wood decks, carpets and other absorbent materials are prohibited in the wet deck area.

Section 29. Pool Enclosures.

(a) All public pools and similar installations shall be protected by an enclosure.

(i) The enclosure shall be:

(A) A fence;

(B) A wall; or

(ii) The enclosure shall form the perimeter of the deck whenever possible.

(b) Pool enclosures including gates shall be constructed to discourage access to the pool by unsupervised children or domestic animals.

(c) Enclosures shall not be less than four (4) feet (1.22m) in height measured from the outside ground level at a point one (1) foot (30cm) horizontal from the base of the enclosure.

(d) There shall not be more than four (4) inches (l0cm) of space between the bottom of the enclosure and the ground's surface or pool deck.

(e) Gates in swimming pool enclosures shall be self-closing and equipped with a lockable, self-latching device attached on the inside of the gate located at least forty-two (42) inches (107cm) above the ground.

(f) Any building enclosing a swimming pool shall be ventilated to prevent condensation and alleviate odors.

Section 30. Wading Pool, Requirements.

(i) Have a maximum water depth of twenty four (24) inches;

(ii) Have a slope which does not exceed one (1) foot in twelve (12) feet;

(iii) Have a slip resistant finish;

(iv) Have a maximum turnover cycle of two (2) hours;

(v) Have a separate re-circulation system; and

(vi) Have at least two (2) inlets.

(d) The standards for water quality, surface skimming and all other details must be equal or superior to those set forth in these regulations.

(e) Adequate sanitary facilities, as required in chapter 7, must be available in the vicinity of the wading pool.

(f) A water cooler, water station or sanitary drinking fountain must be provided at one side or end of the area.

(i) A sanitary drinking found must have a raised step or set at an acceptable height to enable children of all sizes to drink without assistance.

(g) Wading pools shall:

(i) Be located at the shallow end of the main swimming pool or similar installation; and

(ii) Must be separated from it by a separate barrier or fence meeting the requirements of these regulations.

(h) Underwater lights are prohibited in wading pools.

Section 31. Food Service.

(a) Food service operations located and conducted in a public swimming pool, spa or similar installation facility shall comply with the Wyoming Food Safety Rule.

(b) Food or drink shall be permitted only in designated areas away from the pool, spa or similar installation water.

(i) Food may be permitted in a spectator area located near the pool, spa or similar installation provided the deck area remains clean.

Section 32. Drinking Fountains; Water Coolers and Stations.

(a) Drinking fountains, water coolers or water stations shall be provided within the pool enclosure for all public pools, spas and similar installations.

History

Effective 2003-10-09

Chapter 4 Sanitary Facilities and Controls

Wyo. Code R. 010.0008.4.10092003 Sanitary Facilities and Controls

CHAPTER 4

SANITARY FACILITIES AND CONTROLS

Section 1. Water Supply.

(a) Water supplied from a public water system to a public pool, spa or similar installation shall meet 40 CFR 141 National Primary Drinking Water Regulations.

(b) Water from a nonpublic water system shall meet the standards set by these Regulations.

Section 2. Conveying Sewage.

(a) Filter backwash water and water drained from a pool, spa or similar installation shall be discharged into a sanitary sewer through an approved air gap or disposed of by other means approved of by the regulatory authority.

(b) There shall be no direct physical connection between the wastewater disposal system and a drain or re-circulation system.

(i) Be discharged through an air gap formed by positioning the discharge pipe opening at least two (2) pipe diameters above the overflow level of any confining barrier which could cause flooding and submergence of the discharge opening, in the event that the disposal system should fail or by other means approved by the regulatory authority.

(A) Splash screening barriers are permitted as long as they do not destroy air gap effectiveness.

Section 3. Approved Sewage Disposal System; Other Liquid Wastes and Rainwater.

(a) Sewage shall be disposed through an approved facility that is:

(i) A public sewage treatment plant; or

(ii) An individual sewage disposal system that is sized, constructed, maintained, and operated according to law.

(b) Condensate drainage and other non-sewage liquids and rainwater shall be drained from point of discharge to disposal in accordance with law.

Section 4. Sanitizing Equipment and Chemical Feeders.

(a) Sanitizing equipment for pools, spas and similar installations shall meet the requirements of ANSI/NSPI-50, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs.

(b) Sanitizing feed systems shall have the capacity to:

(i) Maintain up to five (5) parts per million chlorine or approved equivalent for outdoor pools and similar installations; and

(ii) Up to three (3) parts per million chlorine or approved equivalent for indoor pools and similar installations under all conditions of use.

(iii) The sanitizing feed equipment for spas shall have the capacity to:

(A) Maintain up to eight (8) parts per million chlorine or approved equivalent for outdoor spas; and

(B) Up to five (5) parts per million chlorine or approved equivalent for indoor spas.

Section 5. Sanitizing Equipment, Practices.

(a) Sanitizing equipment and practices shall comply with the following:

(i) A chlorine or bromine residual or residual of other sanitizers, approved by the regulatory authority shall be maintained in the pool, spa or similar installation to meet the water quality parameters outlined in chapter 5, section 1(a); and

(ii) Sanitizing equipment shall be selected and installed so that continuous and effective sanitizing can be maintained under all conditions.

(A) The use of elemental gas chlorine shall be in accordance with sections 26 through 33 of this chapter.

(b) Water shall be continuously sanitized by a sanitizing agent.

(i) The residual must be easily measured by simple and accurate field tests.

(c) If needed in order to maintain proper chemical levels, chlorine, pH or other chemical control equipment which adjusts chemical feed based on demand, shall be provided.

(d) If ancillary non-chlorine or non-bromine sanitizer is used, it shall be used in addition to chlorine or bromine or other approved equivalent unless the sanitizing method used is capable of producing a measurable residual when tested with an accurate field test kit.

(e) Sanitizing agents shall be:

(i) Capable of being tested by a field test kit; and

(ii) Registered for use by the United States Environmental Protection Agency (EPA).

Section 6. Sanitizing Equipment, Prohibited Practices.

(a) Supplemental hand feeding of sanitizing agents or other chemicals directly into the pool shall not occur when the pool, spa or similar installation is occupied by users.

(b) Pool and spa skimmer baskets and pump strainer baskets shall not be used as chemical feeders.

(c) In pools, spas and similar installations which are not maintaining the required sanitizing residuals and pH, a remote automated chemical control system that monitors the sanitizing agent and pH shall be installed to assure constant and adequate disinfectant and pH levels and to preclude overfeeding.

(i) Any use of remote monitor control systems for automatic chemical systems shall be constructed as a backup system to the required on-site monitoring and control system.

Section 7. Sanitizing, Personnel Responsibilities.

(a) Personnel responsible for the operation of the sanitizing and associated equipment and other potentially hazardous chemicals shall:

(i) Be properly trained; and

(ii) Wear protective equipment and clothing, including rubber gloves, goggles, and any other protective gear and safety equipment which may be necessary.

Section 8. Chemical Storage

(a) Sanitizing or other chemicals and feed equipment shall be stored in such a manner that pool, spa or similar installation users shall not have access to such facilities and/or chemicals.

(b) Dry chemicals shall:

(i) Be stored off the floor; and

(ii) Protected against flooding or wetting from floors, walls, and ceilings.

(d) Solution containers shall be provided with a cover to prevent the entrance of dust, insects and other contaminants.

(e) Sanitizing compounds shall not be stored in the same area as other chemical products.

Section 9. Pool Pumps, Requirements; Uses.

(a) A pump and motor shall re-circulate the pool water.

(i) A hair and lint strainer shall be located on the suction side of the pump;

(ii) The strainer shall be at least equal in size to the pump suction line; and

(iii) Strainers installed below water level shall have a valve on each side to facilitate cleaning.

(b) The performance of pumps shall meet the conditions of flow required for filtering and backwashing the filters against the total dynamic head developed by the complete system.

(i) The pumps shall be capable of providing design flow rates at no less than sixty (60) feet (1.83kg/cm²) of total dynamic head.

(c) Pumps shall be capable of pumping at a rate sufficient to turn over the total pool volume within the periods of time specified in section 13(b) of this chapter.

(d) Pumps on public swimming pools shall comply with the NSFS-50, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs.

(e) Pumps shall be sized so as to pump the flow required in subsection (c) of this section under the filter soil conditions described in the following chart:

| High rate sand filters | Filter soil conditions such as to create a fifteen (15) psi (1.06kg/cm²) increase above that created using clean filter media | | --- | --- | | Rapid sand filters | Filter soil conditions such as to create an eight (8) psi (.56kg/cm²) difference between influent and effluent pressures. | | Diatomaceous earth filters | Filter soil conditions such as to create pressures or vacuums at which manufacturer’s recommend filter cleaning. | | Cartridge Filters | Filter soil conditions such as to create a ten (10) psi (.70kg/cm²) difference between influent and effluent pressures. |

(f) A spa pool shall have a two (2) pump recirculation system.

(i) One pump will provide the required turnover rate, filtration and disinfection for the spa water; and

(ii) The second pump shall provide the water for the hydrotherapy turbulence of the water.

Section 10. Filters; Types, Uses, Requirements.

(i) Filters used in pools, spas and similar installations shall be capable of maintaining pool water clarity as described in chapter 5, section 1(a) under maximum use load conditions.

(ii) The filter rate shall not exceed the following:

(i) High rate sand filters - twenty (20) gpm or (56.8 lpm) per square foot (.093cm²) of filter media or that rate approved by the National Sanitation Foundation for that particular filter, whichever is less;

(ii) Rapid sand filters - three (3) gpm (11.4 1pm) per square foot (.093m2) of filter media;

(iii) Diatomaceous earth filters - two (2) gpm (7.6 1pm) per square foot (.093m2) of filter media; or

(iv) Cartridge filters - 0.5 gpm (1.9 1pm) per square foot (.093m2) of effective filter area.

(d) Filter components that require servicing shall be accessible and available for inspection and repair.

(e) Filters shall be designed so that filtration surfaces may be easily inspected and serviced.

(f) Filters shall meet the safety performance standards of the NSF-50, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs.

(g) Diatomaceous earth filter backwash water must discharge to the sewer system through a separation tank.

(i) The separation tanks shall:

(A) Be provided with a manual means air release mechanism or a lid that provides a slow and safe release of pressure; and

(B) Have a precautionary statement affixed to warn the user that the air release must be opened before starting the circulation pump.

(h) Pools with a perimeter overflow system shall be provided with surge tanks unless predesigned and prefabricated to use in-gutter surge.

(i) The surge tanks shall have a capacity of one (1) gallon (3.8 l) per square foot (.093m²) of pool surface.

Section 11. Chemical Feeders.

(a) Chemical feeders shall:

(i) Be installed, maintained and operated in accordance with the manufacturer's specifications;

(ii) Be installed:

(A) So the gas or solution is introduced downstream from the filter and heater; and

(B) If possible, at a point lower than the heater outlet fitting or according to the manufacturer's instructions.

(iii) Incorporate failure-proof features so the chemical cannot feed into:

(A) The pool, spa or similar installation;

(B) The piping system,

(D) The pool, spa and similar installation enclosure if equipment or power fails.

(I) Chemical feed pumps shall be wired so they cannot operate unless there is adequate return flow to properly disperse the chemical throughout the pool, spa or similar installation as designed.

(iv) Be regulated to ensure constant feed with varying supply or back pressure;

(v) Be designed to prevent siphoning from the re-circulation system to the solution container and to prevent siphoning of the chemical solution into the pool, spa or similar installation; and

(vi) Have a graduated and clearly marked dosage adjustment to provide flows from full capacity to ten (10) percent of such capacity.

(A) The device shall be capable of continuous delivery within ten (10) percent of the dosage at any setting; and

(B) Be provided with make-up water supply lines to chemical feeder solution tanks that have an air gap or other acceptable cross-connection control.

Section 12. Overflow Systems.

(a) A public pool shall be operated with a continuous overflow system.

(i) The overflow system shall be a perimeter-type system or a system of overflow skimmers.

(b) A general-use pool or a limited-use pool with more than two thousand (2,000) square feet (185.78m²) of surface area shall use a perimeter-type overflow system.

(c) A limited-use pool with less than two thousand (2,000) square feet (185.87m²) of surface area shall use a perimeter-type system or a skimmer system.

(d) A perimeter-type system shall in addition be connected to the re-circulation system with a system surge capacity of at least one (1) gallon (3.785 1) per square foot (.3m²) of pool surface.

(i) External surge systems shall be capable of transferring water at a rate equal to one-hundred (100) percent of the design pool flow rate.

(e) Gutters shall:

(i) Drain in two (2) minutes or less after sudden flooding;

(ii) Extend completely around the pool;

(iii) Be smooth and easy to clean;

(iv) Slope at least one-eighth (1/8) inch (3mm) per foot (30cm); and

(v) In combination with the upper rim of the pool, constitute a handhold.

(f) A skimmer-type system shall:

(i) Have one skimmer for each four-hundred (400) square feet (37.17m²) of surface area with a minimum of two skimmers per pool;

(ii) Be used only in conjunction with a continuous handhold extending the full perimeter of the pool; and

(iii) Be located so as to achieve effective skimming action over the entire surface area of the pool.

(g) Where surface skimmers are used in a spa pool, the flow rate through the skimmer shall:

(i) Be designed to provide fifty (50) percent of the total turnover rate with a maximum flow through any single skimmer of thirty (30) gpm;

(ii) Have the minimum width of a skimmer intake throat of five (5) inches (12.Scm); and

(iii) Where surface skimmers are used as the sole overflow system, one (1) surface skimmer shall be provided for each one hundred (100) square feet (9.3m²) or fraction thereof of the spa's surface area.

(A) If a conflict arises between (i) and this subsection, the subsection requiring the greatest number of skimmers shall apply.

(iv) When two (2) or more skimmers are used in a spa, they shall be located to maintain effective skimming action over the entire surface area of the spa.

(h) Overflow systems shall be designed to return overflow water to the re-circulation system ahead of the filters; and

(i) Provisions shall be made for diverting gutter water to waste when cleaning the gutter.

Section 13. Re-Circulation Systems.

(a) A public pool shall:

(i) Have re-circulation and filtration systems with piping, pumps, filters, disinfection and other equipment to maintain the pool water quality as required by these Regulations.

(b) The system of pumps, filters, disinfection facilities and other equipment shall be of adequate size to re-circulate, filter and disinfect the entire volume of pool water in the following maximum time intervals:

| Pool Type | Maximum Turnover Time in Hours | | --- | --- | | General-Use or Limited-Use pool over 2,000 square feet (185.87m²) of surface area | 6 | | Limited-Use pool less than 2,000 square feet (185.87m²) of surface area | 8 | | Wading and plunge pool | 2 | | Spa | ½ | | Flotation tank | A minimum of three (3) turnovers between users. Bather load = one (1) person per tank unit. |

; and

(i) Overflow water shall not be less than fifty (50) percent of the total re- circulated water.

(i) Measure the flow in gallons per minute;

(ii) Be mounted in accordance with the manufacturer's recommendations; and

(iii) Be easily accessible and easy to read.

(d) Pressure gauges must be installed on the inlet and outlet of the filter.

(e) Spa pool recirculation systems shall be separate from adjacent swimming pools.

Section 14. Inlet and Suction Outlet, Requirements.

(a) Inlets and suction outlets shall be provided and arranged to produce a uniform circulation of water and maintain a uniform disinfectant residual throughout the pool, spa or similar installation.

(b) A minimum of two (2) return inlets shall be provided regardless of the size of a pool, spa or similar installation.

Section 15. Wall Inlets.

(a) Wall inlets shall:

(i) Be rounded and smooth;

(ii) Not extend from the pool or spa so as to create a hazard;

(iii) Not exceed fifteen (15) feet between adjacent inlets; and

(iv) Not be located within five (5) feet of a skimmer.

Section 16. Floor Inlets.

(a) When a pool or similar installation is in excess of forty (40) feet in width, floor inlets or a combination of floor and wall inlets shall be used, and shall:

(i) Be flush with the floor of the pool or similar installation;

(ii) Prevent entanglement; and

(iii) Have the distance between adjacent floor inlets not exceeding fifteen (15) feet and be located within ten (10) feet of the side walls.

Section 17. Suction Outlets.

(a) Suction outlets for pools, spas and similar installations shall:

(i) Be designed to protect against entrapment, hair entrapment or entanglement hazard;

(ii) Not constitute a hazard to the user; and

(iii) Protect against evisceration.

(b) Suction outlets other than skimmer throats shall:

(i) Be provided with anti-vortex covers, or grates that have been tested by a nationally recognized testing laboratory and comply with ASME/ANSI A.112.19.8M R96, Suction Fitting for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances.

(A) The installation of the anti-vortex covers or grates shall be according to manufacturer's specifications; and

(B) A minimum of two (2) hydraulically balanced suction outlets (suction fittings) with anti-vortex covers or grates shall be provided per pool or spa pump suction line.

(I) Multiple sets of pump suctions shall be permitted into two

(2) or more suction outlets as long as they are hydraulically balanced and meet the requirements of these Regulations.

(II) The distance between the suction fittings shall be three (3) to five (5) feet for suction outlets less than twelve (12) inches by twelve (12) inches and/or one-hundred forty-four (144) square inches.

(III) All suction outlets larger than twelve (12) inches by twelve (12) inches and/or one-hundred forty-four (144) square inches on any pool or spa shall have a minimum of two (2) hydraulically balanced suction outlets (main drains) with a separation distance of three (3) feet or more in the lowest point of the pool or spa floor.

(IV) The spacing of the suction outlets (main drains) shall not be:

(1.) Greater than twenty (20) feet on centers; or

(2.) More than fifteen (15) feet from each side wall.

(V) No means of isolating suction outlets is permitted which could allow one (1) suction outlet to serve as the sole source of water to a pump.

(VI) A single pipe to sump suction outlet that serves two (2) or more suction outlets may be valved to shut off the flow to the pump.

(i) Exceed one and one half (1½) feet per second.

(d) Water velocity through anti-vortex suction outlet covers shall not:

(i) Exceed six (6) feet per second.

(A) Suction outlets with velocities exceeding one and one half (1½) feet per second are permitted, provided each suction outlet has a cover that has been tested and approved for such velocities by a nationally recognized testing laboratory and complies with ASME/ANSI A.112.19.8M R96, Suction Fitting for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances.

(B) The maximum velocity in the pump suction hydraulic system shall not exceed six (6) feet per second when one-hundred (100) percent of the pump flow comes from the main drain system.

(C) The flow through the open area of the remaining suction grate outlet or outlets shall not exceed one and one half (1½) feet per second and shall meet ASME/ANSI A.112.19.8M R96, Suction Fitting for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances.

Section 18. Spa Outlets.

(a) A spa outlet shall be designed so that the pumping system complies with one of the following:

(i) Two (2) outlets of equal pipe diameter size designed so that:

(A) Neither one of the two outlets be cut out of the suction line by a valve; or

(B) By other means which would prevent entrapment of the bather on the suction orifices.

(ii) One antivortex drain:

(A) The antivortex drain shall not present a tripping or stubbing hazard to the feet; and

(B) The diameter of the antivortex plate shall be at least six (6) inches (15cm).

(iii) An open area of one-hundred forty-four (144) square inches (928 cm²) or larger grate.

(b) All outlet grates, antivortex plates and inlet fittings shall have tamper-proof screws; and

(i) Grates, vortex plates and inlet fittings shall be in place whenever the spa is in use.

Section 19. Vacuum Outlets, Covers.

(a) Vacuum outlets for pools, spas and similar installations shall be provided with covers which:

(i) Automatically close;

(ii) Automatically latch;

(iii) Can only be opened with the use of a tool; and

(iv) Can be secured and latched when the pool, spa or similar installation is open for use.

(b) Where a vacuum outlet is internally located in a skimmer which is provided with cover, a separate cover for the vacuum outlet is not required.

(c) If vacuum cleaner fittings are provided, they shall be located in an accessible position at least twelve (12) inches and no greater than eighteen (18) inches below water level or as an attachment to the skimmers.

Section 20. Automatic Cleaners; Entanglement.

(a) Automatic bottom or side cleaners shall not be used when the pool is open for use.

Section 21. Skimmer Equalizer Suction Outlets.

(a) The skimmer equalizer suction outlet must be designed to prevent entrapment by bathers

Section 22. Surface Skimmers, Perimeter Overflow Gutter Systems; Safety.

(a) Surface skimmers and perimeter overflow gutter systems shall:

(i) Be designed and installed so as to not constitute a hazard to the user; and

(ii) Be designed to prevent entrance or entrapment of a limb, body, or hair.

Section 23. Surface Skimmers and Perimeter Overflow Gutter Systems, Design.

(a) Surface skimmers and perimeter overflow gutter systems shall:

(i) Be provided, designed and constructed to skim the surface of the pool or spa water when the water level is maintained within the operating water level range of the systems rim or weir device.

(ii) The operating water level for perimeter overflow gutter systems shall:

(A) Be slightly over the overflow gutter lip; and

(B) In the case of surface skimmers, within the vertical operating range of the skimmers.

Section 24. Surface Skimmers.

(b) Surface skimmers for pools, spas and similar installations shall comply with all applicable requirements of ANSI/NSPI-50, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs.

(c) Surface skimmers shall be located to maintain effective skimming action throughout the pool, spa or similar installation.

(i) At least one skimmer shall:

(A) Be located at a point in an outdoor pool or similar installation opposite the direction of prevailing summer winds;

(B) Be provided for each four hundred (400) square feet of water surface area, or fraction thereof.

(I) There shall be a minimum of two (2) skimmers in each pool or similar installation.

(c) At least one skimmer shall be provided for each one hundred (100) square feet of spa water surface area, or fraction thereof.

(d) The flow rate through surface skimmers shall be no less than three (3) gallons per minute per skimmer per weir inch.

(e) Skimmer covers located on a walking surface shall:

(i) Be securely seated;

(ii) Be slip-resistant;

(iii) Be of sufficient strength to withstand normal deck use; and

(iv) Not constitute a tripping hazard.

(f) Surface skimmer systems shall:

(i) Be provided with a skimmer equalizer line which is connected from the skimmer housing to the pool or spa wall at a minimum of twelve (12) inches below the skimmer throat; and

(ii) Be sized to satisfy the pump demand and prevent air lock.

(g) The appropriate equalizer and float valve assemblies shall be installed in the skimmer as per manufacturer's instructions and the requirements of ANSI/NSPI-50, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs.

Section 25. Perimeter Overflow Gutter Systems.

(a) Perimeter overflow gutter systems for pools, spa and similar installations shall:

(i) When used as the sole surface skimming system be continuous around the pool or spa parimeter except at:

(A) Stairs;

(B) Recessed ladders;

(D) Along the weirs that separate splash pools and pump reservoirs.

(b) Perimeter overflow gutter systems for pools and similar installations shall be connected to the circulation system with a system surge capacity of not less than one (1) gallon for each square foot of pool water surface.

(c) Perimeter overflow gutter systems of spas shall be connected to the circulation system with a system surge capacity of not less than two (2) gallons per square foot of spa water surface.

Section 26. Gas Chlorination, Approved Installation.

(a) Gas chlorination equipment may only be installed to replace approved, existing gas chlorination equipment.

(b) Gas chlorination equipment may not be installed on new pools, spas, or similar installations.

Section 27. Gas Chlorination Equipment, Trained Personnel.

(a) Only trained, designated personnel shall operate the gas chlorinator and change chlorine cylinders.

(b) Personnel responsible for the operation of gas chlorination equipment and other potentially hazardous chemicals shall:

(i) Be properly trained; and

(ii) Wear protective equipment and clothing, including:

(A) Rubber gloves;

(B) Goggles;

(D) Any other protective gear and safety equipment necessary to prevent personal injury.

(c) Two (2) persons trained in the performance of routine gas chlorination operation and emergency procedures shall be readily available during normal operating hours.

(d) Pool personnel shall be informed about leak control procedures.

(e) A Chlorine Institute Emergency Kit shall be provided and stored at an approved location where it is easily accessible per the emergency response plan.

Section 28. Gas Chlorination, Equipment Location.

(a) Gas chlorination equipment shall be located so that failure or malfunction will have a minimum effect on evacuation of pool users during an emergency.

Section 29. Gas Chlorination System, Design.

(a) Gas chlorinators shall:

(i) Be of the type where the regulator attaches to the cylinder with the injector located at the point of injection; and

(ii) Have a vacuum line taking suction at the regulator and delivering the gas to the vacuum injector.

(b) Gas chlorinators shall be designed to prevent the suction of water into the chlorination system if the booster pump fails.

Section 30. Gas Chlorinators, Booster Pump.

(a) A booster pump water supply for the gas chlorinator injector shall:

(i) Be capable of producing the flow rate and pressure required by the manufacturer's specifications for proper operation of the equipment;

(ii) Be activated by a booster pump using re-circulated water supplied via the re- circulation system; and

(iii) Be interlocked to the filter pump to prevent feeding of chlorine when the re- circulation pump is not running.

Section 31. Gas Chlorinator, Enclosure.

(a) The gas chlorinator, cylinders of chlorine and associated equipment shall be enclosed in a separate, corrosion-resistant, reasonably gas-tight room having a floor area adequate for the purpose.

(a) Enclosures shall:

(i) Be located at or above ground level;

(ii) Be provided with:

(A) Ducts located at the bottom of the enclosure to allow ventilation to an unrestricted area; and

(B) A motor-driven louvered exhaust fan capable of producing at least one air change per minute located near the top of the enclosure for admitting fresh air.

(I) Negative pressure ventilation may be provided as long as the facilities also have gas containment and treatment as prescribed by the Uniform Fire Code (UFC).

(b) The temperature of the gas chlorination equipment and cylinders must not fall below fifty five (55) degrees Fahrenheit.

(i) If necessary, a means of keeping the temperature at fifty five (55) degrees Fahrenheit or above shall be provided.

(d) Doors to the gas chlorine room shall:

(i) Have a warning sign posted on the exterior side which states in four (4) inch minimum size lettering, "DANGER—CHLORINE;"

(ii) Open away from the pool area;

(iii) Open outward;

(iv) Have panic hardware;

(v) Have at least one (1) viewport to permit the operators to look into the room before entering; and

(vi) Be kept locked when the chlorine room is not being serviced.

(e) Electrical switches for the control of artificial lighting and ventilation shall be on the outside of the enclosure adjacent to the door.

(i) Adequate lighting shall be provided.

Section 32. Gas Chlorine, Safety Requirements.

(a) The following gas chlorination safety features shall be required:

(i) Two full-face, self-contained breathing apparatus (SCBA) or supplied air respirators that meet Occupational Safety and Health Administration (OSHA) or Mine Safety Health Administration (MSHA) standards shall be provided for protection against chlorine in the event of a leak.

(A) The equipment shall have:

(I) Sufficient capacity for the intended purpose;

(II) SCBA equipment shall be readily accessible at a location acceptable to local emergency planning committees or the local fire chief;

(III) Entry into the chlorine room shall not be permitted without the necessary safety equipment when conducting general maintenance;

(IV) Two persons trained in the performance of routine gas chlorination operation and emergency procedures shall be readily available during normal operating hours; and

(V) A written respirator program shall:

(1.) Be provided; and

(2.) Employees shall be trained in the use and maintenance of such equipment to ensure operability and safety, according to 29 CFR 1910, Occupational Health and Safety Standards and any other applicable federal, state, or local requirements for the proper handling of gas chlorine.

Section 33. Gas Chlorine Cylinders, Storage.

(a) Gas cylinders may be stored indoors or outdoors.

(b) Full and empty cylinders shall be:

(i) Segregated and appropriately tagged;

(ii) Stored in an upright position and properly secured; and

(iii) Chained to a wall or scale support.

(i) Minimize external corrosion;

(ii) Be clean and free of trash;

(iii) Not be near elevator shafts or intake vents; and

(iv) Be away from elevated temperatures, heat sources and direct sunlight.

(d) Gas chlorine cylinders shall be handled with care.

(i) Valve protection caps and valve outlet caps shall be in place at all times except when the cylinder is in use.

(ii) Cylinders shall:

(A) Not be dropped;

(B) Be protected from falling objects;

(D) Have new, approved washers in place each time a cylinder is connected.

(e) Empty containers shall:

(i) Have the valve closed and the lines disconnected;

(ii) Have the outlet cap applied promptly and the valve protection hood attached;

(iii) Have the open end of the disconnected line plugged or capped promptly to keep atmospheric moisture out of the system; and

(iv) Have a chlorine valve shut off wrench kept on the cylinder valve stem of the cylinder that is in use.

(f) A scale, suitable for weighing gas cylinders must be present in facilities handling chlorine gas cylinders.

(i) Changing cylinders shall be accomplished only after weighing proves the cylinder to be exhausted; and

(ii) Care shall be taken to prevent water from back siphoning into the cylinder by closing the cylinder valve.

(g) Emergency contact information shall be posted and include the following:

(i) The name and telephone number of the gas chlorine supplier; and

(ii) The telephone number of the local fire department or agency trained in the handling of gas chlorine leaks.

(h) An automatic chlorine gas leak detector shall be installed in the gas chlorine room with an audible alarm installed at the pool site and at the remote site where emergency personnel are located.

(i) The gas chlorinator and all line and tank fittings shall be checked for leaks at regular intervals and after every cylinder exchange.

Section 34. Vacuum Cleaner.

(a) Each public pool or similar installation operator shall maintain an approved vacuum capable of effectively removing settled material from the pool bottom.

History

Effective 2003-10-09

Chapter 5 Water Quality, Test Kits, Record Keeping

Wyo. Code R. 010.0008.5.10092003 Water Quality, Test Kits, Record Keeping

CHAPTER 5

WATER QUALITY, TEST KITS, RECORD KEEPING

Section 1. Water Quality.

(a) The water quality for pools, spas and similar installations shall meet the criteria outlined in the following charts:

| Sanitizing Levels | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Free Chlorine, ppm | 1.0 | 2.0-3.0 | 8.0¹ | | Free Chlorine, ppm - spas | 2.0 | 3.0-5.0 | 8.0¹ | | Combined Chlorine, ppm | None | None | 0.5 | | Bromine, ppm | 2.5 | 2.5-6.0 | 12.0¹ | | Bromine, ppm - spas | 4.5 | 5.5-7.5 | 12.0¹ | | ¹ Refer to product label for maximum level. | | | |

| pH Levels | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | pH | 7.0 | 7.4-7.6 | 7.8 |

| Water Clarity | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Water Clarity | Bottom and main drain grate design, clearly visible from the deepest part of the pool, spa or similar installation. | N/A | N/A |

| Temperature | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Temperature, °F | N/A | 78-82 | 98 | | Temperature, °F - spas | N/A | 102 or less | 104 |

| Stabilizer, if used | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Cyanuric acid, ppm¹ | None | 10.0-40.0 | 100.0 | | ¹ Cyanuric acid shall not be used in indoor pools, spas or similar installations or brominated pools, spas or similar installations without approval from the regulatory authority | | | |

| Chemical Parameters | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Total alkalinity, ppm as CaCO³ | 60.0 | 80-100.0¹ 100.0-120.0² | 180.0 | | Total dissolved solids, ppm | 300.0 | 1000.0-2000.0 | 5000.0 | | Calcium hardness, ppm as CaCO³ | 150.0 | 200.0-400.0 | 500.0-1000.0 | | Heavy metals | None | None | None | | ¹ For the following sanitizers: calcium hypochlorite, lithium hypochlorite and sodium hypochlorite. ² For the following sanitzers: Sodium dichlor, chlorine gas and bromine compounds. | | | |

| Biological Parameters | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Algae | None | None | None | | Bacteria | None | None | None |

| Oxidation Reduction Potential (ORP) | Minimum | Ideal | Maximum | | --- | --- | --- | --- | | Oxidation Reduction Potential (ORP), mV¹ | 650 | N/A | N/A | | ¹ When chlorine or bromine is used as the primary sanitizing agent, ORP/HRR can be used as a supplemental measurement of proper sanitizer activity. The use of ORP testing does not eliminate or supercede the need for testing the sanitizer level with standard test kits, as the ORP reading may be affected by a number of factors including pH, probe film, cyanuric acid and others. | | | |

Section 2. Water Quality Testing, Frequency.

(a) Operators of public swimming pools, spas and similar installations shall test the water for sanitizing levels, pH levels, water clarity and water temperature at the following minimum frequencies when the pool, spa or similar installation is open for operation:

(i) Once prior to opening for operation;

(ii) Every four (4) hours during operation; and

(iii) Once prior to closing the operation.

(b) If, at any time, testing indicates the pool, spa or similar installation water does not comply with any of the applicable parameters listed in section 2(a) above, the operator shall immediately close the pool, spa or similar installation.

(i) Once testing indicates the water has reached compliance with the applicable parameters listed in section 2(a) above, the operator may re-open the pool, spa or similar installation.

(c) The swimming pool or spa water shall be tested for total alkalinity and calcium hardness at least once each week the swimming pool or spa is open for use.

(d) If cyanuric acid or a stabilized chlorine is used at a swimming pool, the water shall be tested for cyanuric acid each month the pool is open for use.

(e) Water testing results shall be recorded as described in Chapter 1, section 10(a)(i).

(f) Due to the unique nature of mineral water, natural mineral flow through pools are exempt from the clarity parameters described in section 1(a) of this chapter.

(g) At any time the water clarity becomes a swimmer's safety factor such as bottom visibility in the professional judgement of the operator or lifeguard, the pool shall be cleared of all users.

Section 3. Spa and Flow Through Pools; Draining and Refilling.

(a) A spa pool shall be drained and refilled with fresh water at least once every two (2) weeks.

(i) The date and time the spa pool was drained and refilled shall be recorded as described in chapter 1, section 10(a)(i)(E).

(b) A flow through pool shall be drained and cleaned at least every two (2) weeks or more often as deemed necessary by the operator or the regulatory authority.

Section 4. Test Kits.

(a) Every pool, spa and similar installation shall be supplied with an accurate and reliable test kit capable of measuring the following within the ranges as specified in section 1 (a) above:

(i) Free available chlorine (FAC), if chlorine is used;

(i) Total available chlorine (TAC), if chlorine is used;

(ii) Bromine or other disinfectant residuals;

(iii) Cyanuric acid, if used;

(iv) Total alkalinity;

(v) Calcium hardness;

(vi) Copper and/or silver, if a copper and/or silver ionization unit has been installed; and

(viii) Any other agent that is introduced into the pool, spa or similar installation water.

(b) The regulatory authority shall, upon request, be supplied a field testing kit for any agents introduced into the pool, spa or similar installation water.

(i) If a field testing kit is not available, the agent cannot be introduced into the pool, spa or similar installation water until standards for testing have been established and written approval has been obtained from the regulatory authority.

(i) The orthotolodine (OTO) test is not acceptable since it cannot distinguish between Free Available Chlorine (FAC) and Total Available Chlorine (TAC).

(d) All test kit reagents shall be properly stored and changed at frequencies recommended by the manufacturer to assure accuracy of the tests.

Section 5. Flow Through Pools, Water Temperature.

(a) Natural mineral flow through pools with incoming water temperatures exceeding 104°F shall be accepted provided:

(i) A sign or signs, visible to all entering the pool is placed in a prominent location indicating danger.

(ii) The sign or signs shall read in bold contrasting colors the following:

(A) Danger, water temperature exceeds 104°F, enter at your own risk.

(B) The size of the lettering shall be a minimum of two (2) inches in height.

History

Effective 2003-10-09

Chapter 6 Lifeguards, Lifesaving Equipment: Ladders, Recessed Steps; Diving Boards

Wyo. Code R. 010.0008.6.10092003 Lifeguards, Lifesaving Equipment: Ladders, Recessed Steps; Diving Boards

CHAPTER 6

LIFEGUARDS, LIFESAVING EQUIPMENT; LADDERS, RECESSED STEPS; DIVING BOARDS; SLIDES, FLUMES, AND SAFETY RELATED REQUIREMENTS.

Section 1. Lifeguards, Number.

(a) An operator of a general-use public pool shall have one (1) lifeguard per forty (40) bathers or fraction thereof on deck during operating hours.

(i) The number of lifeguards must be adequate to maintain continuous surveillance over the bathers.

(b) An operator of a limited-use public pool shall post a sign reading "No Lifeguard on Duty" in lieu of lifeguards.

Section 2. Lifeguard, Requirements and Duties.

(a) Lifeguards shall hold a current, nationally recognized, certification in:

(i) Lifeguarding;

(ii) Adult/child/infant cardiopulmonary resuscitation (CPR); and

(iii) First aid.

(b) Lifeguards conducting surveillance of pools shall not be subject to duties that would distract them from proper observation of the users or that would prevent immediate assistance of persons in distress in the water.

(i) When a lifeguard is conducting active surveillance, he/she shall not be in the water except in the line of duty.

(ii) Lifeguards shall be dressed in swimming attire such that they are readily identifiable.

(c) Lifeguards, pool operators or managers shall enforce the following rules at all public pools or similar installations:

(i) Nonswimmers and children under eight (8) years of age shall not use the pool unless a lifeguard is present.

(A) In a limited-use pool, a responsible person at least eighteen (18) years of age is present.

(ii) No person suffering from a communicable disease transmittable via water or under the influence of an intoxicating liquor or drug shall use the pool;

(iii) No person shall take food or drink inside the pool enclosure except in an area specifically designated for such use as described in chapter 3, section 28(b);

(iv) No person shall bring, throw or carry food, drink, smoking material, trash, debris or any other foreign substances into the pool; and

(v) No person shall run or engage in horseplay in or around a public pool.

(d) A telephone shall be available on the premise of all public pools, spas and similar installations and emergency rescue phone numbers shall be posted in view of the telephone.

Section 3. Lifesaving Equipment.

(a) At least one unit of lifesaving equipment must be provided at every public bathing or swimming facility.

(i) One unit lifesaving equipment shall consist of:

(A) A ring buoy or rescue tube with a minimum outside diameter of twenty (20) inches, to which there must be attached a length of one-quarter (¼) inch rope not less that one and one half (1½) times the maximum width of the pool or swimming area;

(B) A minimum twelve (12) foot length, reach pole with shepherd's crook securely attached; and

(C) At all general use pools a first aid station equipped with a minimum of one (1) blanket and one (1) first aid kit, as recommended by the American Red Cross shall be provided.

(b) One unit of lifesaving equipment shall be presumed to be adequate for two thousand (2,000) square feet of pool or swimming area.

(i) One additional unit must be provided for each additional two thousand (2,000) square feet of pool or swimming area, or major fraction thereof.

(i) Mounted in conspicuous places;

(ii) Distributed around the edge of the pool or swimming area, at lifeguard chairs or elsewhere;

(iii) Ready for use; and

(iv) Its function plainly marked, and kept in good repair and ready condition.

(d) Bathers or other members of the general public must not be:

(i) Permitted to tamper with lifesaving equipment;

(ii) Use it for any purpose other than its intended use; or

(iii) Remove it from its established location unless in an emergency.

Section 4. Lifeline.

(a) A lifeline shall be provided at all public swimming pools and similar installations.

(b) A lifeline shall be located two (2) feet (.6m) on the shallow side of:

(i) The break in grade between the shallow and deep ends; or

(ii) At the point where the water depth reaches five (5) feet, six (6) inches (1.65m).

(i) Wall anchors shall be:

(A) Of corrosion-resistant materials; and

(B) Recessed or have no projections that would constitute a safety hazard when the lifeline is removed.

(d) Lifelines shall be:

(i) Marked with visible floats at not greater than seven (7) foot (2.13m) intervals;

(ii) Of sufficient size and strength to offer a good handhold and to support loads normally imposed by bathers; and

(iii) Lie in place except when pool use is restricted to lap swimming by competent swimmers, water exercise classes or to supervised swimming instruction by a certified swim instructor.

Section 5. Elevated Lifeguard Chairs.

(b) A general-use pool and wave pool shall have one elevated lifeguard chair for each one-hundred twenty (120) feet (36m) of pool perimeter.

(i) If more than one elevated lifeguard chair is required, one chair shall be located on each side of the pool.

(b) Elevated lifeguard chairs shall be at least six (6) feet (.83m) in height from the deck surface to the chair seat.

(i) Pools with water depths of five (5) feet or less are exempt.

(d) Wading pools are exempt from this provision.

Section 6. Ladders, Recessed Steps and Stairways.

(a) All public swimming and wave pools shall have a ladder, set of recessed steps or stairway located at seventy-five (75) foot (22.86m) intervals around the pool perimeter with a minimum of two such means of egress.

(i) Flotation tanks, spa, plunge and wading pools shall have at least one (1) ladder, recessed step or stairway for each fifty (50) feet (15.25m) of pool perimeter.

(ii) Wading pools with a minimum pool water depth of less than one (1) foot (.3m) at the pool wall and a maximum deck height of one (1) foot (.3m) above the pool floor, are exempt from this requirement.

(b) Pool ladders must be:

(i) Corrosion resistant;

(ii) Securely attached; and

(iii) Equipped with slip-resistant treads.

(c) A side handrail extending up and above and returning to the horizontal surface of the pool deck, curb, or coping must be provided at each side of each ladder or set of stepholes.

(i) Stairs shall have at least one (1) handrail.

(d) Below the water line there must be a clearance of not more than five (5) inches or less than three (3) inches between the ladder and the pool wall.

(e) If stepholes are provided, they must be of such design that they may be readily cleaned and must drain into the pool to prevent the accumulation of dirt.

(i) Stepholes must have a minimum tread of five (5) inches and a minimum width of fourteen (14) inches.

(f) Stairs, recessed step surfaces and stairs leading into the pool must:

(i) Have a slip resistant design; and

(ii) Have a minimum tread of twelve (12) inches, and a maximum rise of ten (10) inches.

(A) Recessed steps shall drain into the pool.

Section 7. Diving Boards.

(a) In public pools and similar installations in which diving and swimming are allowed, the area of the pool in which diving is permitted must be:

(i) In the case of a rectangular pool, at one end of the pool which is separated from the main swimming area by a lifeline; or

(ii) In the case of a T, L, or Z shaped pool, in a recessed area forming one of the lags of the T, L, or Z which is separated from the main swimming area by a lifeline.

(b) A pool designed only for diving may be located in an area which is separate from a pool designed for swimming.

(i) Comply with the dimensional design requirements of FINA, U.S. Diving, National Federation of State High School Associations (NFSHSA); and

(ii) Not be allowed in a pool without special provisions, controls and definite limitations on their use. Where such boards, towers or platforms are permitted, their use must be limited to adequately trained personnel and must not be open to the general public.

(d) Supports for diving equipment, platforms, stairs, and ladders for diving equipment shall be designed to carry the anticipated loads.

(i) Stairs and ladders shall be of corrosion-resistiant material, easily cleanable and with slip-resistant tread.

(e) Platforms and diving equipment of one (1) meter or higher shall be protected with hand rails which shall be at least thirty (30) inches above the diving board and extend to the edge of the pool wall.

(i) All platforms or diving equipment higher than one (1) meter shall have guard rails which are at least thirty six (36) inches above the diving board and extend to the edge of the pool wall.

(f) Diving equipment shall:

(i) Be designed for swimming pool use;

(ii) Be installed in accordance with the manufacturer's recommendations;

(iii) Have slip-resistant tread surfaces; and

(iv) Be permanently anchored to the pool deck.

(A) The edge of the board at the tip end shall be parallel to the water surface; and

(B) The tip end of the board over the pool water surface may be higher than the butt end of the board.

Section 8. Slides.

(b) Slides installed and located at public swimming pools and similar installations shall:

(i) Comply with the requirements of the U.S. Consumer Product Safety Commission Safety Standards for Swimming Pool Slides;

(ii) Be sturdily constructed of corrosion-resistant material;

(iii) Be securely fastened to the pool deck;

(iv) Have a ladder equipped with slip-resistant treads and rigidly attached handrails;

(v) Have runways that are smooth, of one piece and free of cutting, pinching, puncturing or abrasion hazards; and

(vi) Have slide runways that are provided with side rails not less than two (2) inches (5 cm) in height on both sides.

(A) Slide runways shall be water lubricated when in use.

(b) There shall be no slides higher than twelve (12) feet (3.66m) above the water surface.

(c) Water depths, four (4) feet, five (5) inches (1.37m) beyond the end of the slide, shall be based on the slide height described in the following chart:

| Height | Minimum Water Depths | | --- | --- | | 7.5 feet (2.29m) or less | 4 feet (1.22m) | | 7.5 feet (2.29m) - 8 feet (2.44m) | 5 feet (1.52m) | | 8.0 feet (2.44m) - 11 feet (3.35m) | 5.5 feet (1.68m) | | 11.0 feet (3.35m) - 12 feet (3.66m) | 6 feet (1.83m) |

Section 9. Flumes; Design and Construction.

(a) Each flume must meet the following design and construction parameters:

(i) It shall be watertight;

(ii) The surface must be inert, nontoxic, smooth and easily cleanable;

(iii) All curves, turns and tunnels within the path of a flume shall be designed so the impact of users with the walls of the flume or ceiling of a tunnel does not present a hazard;

(A) The flume shall be banked so that forces on the bathers keep them safely inside the flume under all foreseeable circumstances of operation;

(I) Bathers must not become airborne.

(B) In the curved sections of a flume, the design of the wall of the flume must cause the outward thrust of the body of the bather to be dissipated towards the centerline of the flume.

(iv) All slopes in a flume must be designed so the speed of the bathers does not reach a point at which a safe equilibrium of dynamic forces cannot be maintained on any curve or turn in the flume;

(v) In sections of a flume where bathers can stop, provisions must be made by design or modification to prevent bathers from falling out of the flume;

(vi) The construction, dimensions and methods of mechanical attachment of a flume must provide a smooth and continuous surface through the entire length of the flume;

(A) Any misalignment of joints in a sectional flume must not exceed one-eighth (c) inch.

(vii) The walls of any flume must be designed:

(A) So the continuous and combined action of hydrostatic, dynamic and static loads, as well as normal environmental deterioration do not damage the flume bed to the extent of creating a structural failure that presents a hazard of injury to users; or

(B) So that they do not require frequent patch repairs that may weaken the structural integrity of the flume.

(b) If a tube-type flume is used, it must be designed or ventilated to prevent a hazardous concentration of toxic sanitizing fumes under all circumstances of operation.

Section 10. Flume Exits.

(a) The exit of any flume must be designed to ensure that bathers enter the splash pool or slide runout at a safe speed and angle of entry.

(b) If a pool has two (2) or more flumes and there is a point of intersection between the centerlines of any two flumes:

(i) The distance between that point and the point of exit for each intersecting flume must not be less than twenty (20) feet; or

(ii) Less than thirty (30) feet if any user exits a flume at high speed.

(i) Horizontal;

(ii) Perpendicular to the wall of the pool at the point of exit;

(iii) Designed with an exit system which provides for safe entry into the splash pool or flume runout; and

(iv) Designed with an exit grade which, for the last ten (10) feet, does not exceed ten (10) percent.

(d) The flume exit must be flush with the vertical wall of the pool at the point of exit and not more than two (2) inches above, nor less than six (6) inches below, the normal operating level of the pool.

(e) The distance between the side wall of the pool and that portion of the flume exit nearest the wall:

(i) Must not be less than five (5) feet at the point of exit.

(A) The centerline of the flume and the centerline of any adjacent flume must not be less than six (6) feet at the point of exit; and

(B) The point of exit and the side of the pool opposite the bathers as they exit, excluding any steps, must not be:

(I) Less than twenty (20) feet, if the flume ends above or below the normal operating water level of the pool; or

(II) Less than thirty (30) feet if the flume ends at the normal operating water level of the pool.

Section 11. Flume Walkways; Pumps.

(a) A four (4) foot (1.22m) minimum width walkway, walkway steps or a stairway shall be provided between the plunge pool and the top of the flume.

(i) Walkways and steps shall be:

(A) Well drained;

(B) Slip resistant;

(D) Set back far enough from the operating flume so users are unable to touch them while traversing the flume; and

(E) Have a ladder or stairs equipped with slip-resistant treads and rigidly attached handrails.

(b) Pump reservoirs or pumps shall have:

(i) Sufficient volume to contain at least two (2) minutes of combined flow from all water treatment; and

(ii) Enough water to insure that the plunge pool will maintain a constant water depth.

Section 12. Flume; Mats.

(a) Flexible or plastic foam mats used to traverse the flume shall be:

(i) Stored dry; and

(ii) Wiped or soaked daily prior to dry storage with one of the following sanitizing solutions:

(A) 50-200 ppm of free chlorine;

(B) 12.5-25 ppm of titratable iodine; or

Section 13. Flume Attendants.

(b) All general use pools shall provide an attendant at:

(i) Any plunge pool; and

(ii) At the top of a flume.

Section 14. Signs; Pools and Similar Installations.

(a) A public pool or similar installation operator shall post a sign at the entrance to the pool enclosure stating the following information:

(i) No person suffering from a communicable disease transmittable via water or under the influence of an intoxicating liquor or drug shall use the pool;

(ii) All nonswimmers and children under eight (8) years of age shall be accompanied by a responsible adult observer;

(iii) No person shall run or engage in horseplay in or around the pool;

(iv) Elderly persons and those suffering from heart disease, diabetes or high blood pressure should consult their physician before using the spa pool;

(v) Persons using prescription medications should consult their physician before using the pool;

(vi) Pregnant women should not use the spa pool without consulting their physician;

(vii) Persons should spend no more than fifteen (15) minutes in the spa pool at any one time; and

(viii) The emergency rescue number.

(b) Signs shall be a minimum of eighteen (18) inches by twenty-four (24) inches with letters at least one-half (½) inch in height.

Section 15. Depth Markings.

(a) The depth of the water, whether in feet or meters, shall be plainly and conspicuously marked above the water level on the vertical pool wall and on the top of the coping or edge of the deck or walk next to the pool.

(b) Depth markings shall:

(i) Be at least four (4) inches (10cm) in height and of a contrasting color with the background;

(ii) Be located at the minimum and maximum depth points and at one (1) foot (.3m) depth increments in the shallow portion of the pool;

(iii) Be spaced at no more than twenty-five (25) foot (7.62m) intervals; and

(iv) Be located at slope breaks.

History

Effective 2003-10-09

Chapter 7 Dressing & Sanitary Facilities; Bathhouses

Wyo. Code R. 010.0008.7.10092003 Dressing & Sanitary Facilities; Bathhouses

CHAPTER 7

DRESSING AND SANITARY FACILITIES; BATHHOUSES.

Section 1. Sanitary Facilities; Bathhouses.

(a) Adequate sanitary facilities, such as a bathhouse shall be provided and maintained at all general-use swimming pools.

(b) Where a general-use swimming or wave pool is operated in conjunction with a companion facility, a bathhouse common to both facilities shall be acceptable, provided the minimum facility ratios and locations described in section 3 of this chapter are followed.

Section 2. Bathhouse Requirements.

(a) A bathhouse shall:

(i) Meet the requirements of the Uniform Plumbing Code;

(ii) Be located within two-hundred (200) feet (60.96m) of the general-use swimming pool;

(iii) Contain dressing rooms and sanitary facilities, separate for each sex;

(iv) Have slip resistant and easy to clean floors coved to a height of four (4) inches (10cm);

(v) Have interior wall and ceiling finishes that are smooth, easy to clean and impervious to water;

(vi) Have shower stall floors that are finished with non-slip, impervious surfaces;

(vii) Be kept clean, free of dirt, algae, molds or other debris; and

(viii) Have shower compartments with walls that are impervious to water to a height of six (6) feet (1.83m) above the floor.

(A) In shower compartments, an effective water-tight joint between the wall and the floor shall be maintained; and

(B) Glass bath or shower doors shall be made of approved safety glass.

(I) Wooden racks or duck boards over shower floors are not permitted.

(ix) Have shielded light fixtures.

Section 3. Sanitary Facilities, Minimum Number.

(a) General-use swimming and wave pools shall provide sanitary facilities in the following numbers, based upon maximum user load and equal distribution of sexes:

(i) One (1) toilet per forty (40) pool users, with a minimum of two (2);

(A) Urinals shall be an acceptable substitute for no more than one- half (½) of the toilets for men.

(ii) One (1) handwashing lavatory adjacent to the toilet per sixty (60) pool users; and

(iii) One (1) shower head per forty (40) pool users, with a minimum of two (2);

(A) Showers shall be located to provide users immediate access to the pool deck.

(b) All public pools other than general use, swimming, wave and wading pools, shall:

(i) Provide toilets, lavatories and showers as described in subsection (a) of this section;

(ii) Provide such toilets, lavatories and showers within three-hundred (300) feet (91.4m) of the pool; and

(iii) Provide showers as described in section 2(a)(v), (vi) and (viii), of this chapter.

(A) Hot and cold or tempered water only shall be provided:

(I) At all shower heads; and

(II) A minimum temperature of at least 90°F (32°C) shall be available at all times.

(1.) Tempered water shall not exceed 110°F (43°C).

Section 4. Handwashing Cleanser; Availability.

(a) Each handwashing lavatory or group of two (2) adjacent lavatories shall be provided with a supply of hand-cleaning liquid, powder, or bar soap.

Section 5. Hand Drying Provision.

(a) Each handwashing lavatory or group of adjacent handwashing lavatories shall be provided with:

(i) Individual, disposable towels;

(ii) A continuous towel system that supplies the user with a clean towel; or

(iii) A heated-air hand drying device.

(b) If disposable towels are used at handwashing lavatories, a waste receptacle shall be located at each lavatory or group of adjacent lavatories.

Section 6. Sanitary Facility; Floors.

(a) Floors of the sanitary facility shall:

(i) Be free of joints or openings;

(ii) Be continuous throughout the area;

(iii) Slope a minimum of one-fourth (1/4) inch (6mm) per foot;

(iv) Drain to floor drains; and

(v) Have a slip-resistant surface.

(b) Hose bibs with approved vacuum breakers shall be provided for washing down the bathhouse interior.

Section 7. Diaper Changing.

(a) Diaper changing areas shall:

(i) Be immediately accessible from the wading pool;

(ii) Used only for changing diapers;

(iii) Constructed of smooth, non-porous material; and

(iv) Be easily accessible to a handwashing facility.

History

Effective 2003-10-09

23 Rangeland Health Assessment Program

Chapter 15 Regulations Governing the Rangeland Health Assessment Program

Wyo. Code R. 010.0010.15.12162010 Regulations Governing the Rangeland Health Assessment Program

CHAPTER 15

Wyoming Department of Agriculture Regulations Governing the Rangeland Health Assessment Program

Section 1. Authority. Pursuant to authority vested in the Wyoming Department of Agriculture (WDA) in W.S. § 11-2-207 the following regulations are hereby promulgated and adopted.

Section 2. Purpose.

(a) To assure the development and use of credible data in the assessment of Wyoming Rangelands by providing through the Wyoming Department of Agriculture a structured approach that fosters and assists in collaborative efforts to monitor rangelands involving, as applicable, landowners, lessees, permittees and federal and state land agencies.

(b) The short-term goal of the program is to sustain viable levels of federal land grazing by providing credible data to assist federal land agencies in completing required permit National Environmental Policy Act (NEPA) analysis and to enable agencies and permittees to defend against challenges to grazing permit renewals and management plans.

(c) The long-term goal of the program is to assess trends in the health of all rangelands and assure the use of credible data in making adjustments in their management where indicated. Monitoring will help maintain or improve the economic viability of the livestock grazing industry and its contribution to the Wyoming economy.

(d) These rules are adopted in order to provide for a method of application review, recommendation for inclusion in the program, and govern the distribution of any available funds for on-the-ground projects supporting this program.

Section 3. Definitions.

(a) "Assessment" means any activity conducted for assessing rangeland health including, but not limited to, current condition and long term health trends.

(b) "Audit" means an unbiased examination and evaluation of the governmental agency data collected, records, financial accounts, and financial statements associated with a RHAP to verify their accuracy.

(d) "Credible data" means scientifically valid data collected under an accepted rangeland monitoring plan, including quality control, quality assurance procedures, and historical data.

(e) "Cooperative Monitoring" means rangeland monitoring established as a planned effort between a land management agency and permittees / lessees / landowners, or other partners sharing similar interests. The actual monitoring may be carried out jointly or by any individual partner with the objective of providing information to all parties to guide decision making and adaptive management and to help the parties evaluate relative success in applied management, in implementing guidance provided by the grazing permit / lease, and in meeting or moving toward mutually designed objectives.

(f) "Director" means the Director of the Wyoming Department of Agriculture.

(g) "Ecological site" means a distinctive kind of land with specific soil and physical characteristics that differs from other kinds of land in its ability to produce distinctive kinds and amounts of vegetation, and in its ability to respond similarly to management actions and natural disturbances. Unlike vegetation classification, ecological site classification uses climate, soil, geomorphology, hydrology, and vegetation information to describe the ecological potential of land areas. A particular ecological site may feature several plant communities (described by vegetation classification) that occur over time and/or in response to management actions.

(h) "Ecological site description" means reports that describe the biophysical properties of ecological sites and vegetation and surface soil properties of reference conditions that represent either:

(i) pre-European vegetation and historical range of variation (in the United States) OR proper functioning condition or potential natural vegetation,

(ii) state-and transition model graphics and text, and

(iii) a description of ecosystem services provided by the ecological site and other interpretations.

(i) "Governmental agency" means the University of Wyoming, institutions of higher education and other qualified state and local governmental agencies.

(j) "Match" means cash and/or in-kind contributions. Contributions must have value and must be applicable to the period to which the matching requirement applies and must be necessary for the project. Examples of in-kind contributions include: labor, materials, and professional services. In-kind contributions must be verifiable from the records of the governmental agency. These records must show how the value placed on in-kind contributions was derived. Labor services will be reported using rates consistent with those ordinarily paid by the governmental agency or other employers for similar work in the same labor market. Donated supplies and equipment will be valued at market value at the time of donation. Loaned equipment will be valued at the fair rental rate of the equipment at the time of donation.

(k) "Monitoring Plan" means a proposed or tentative course of action, including goals for the monitoring area and measurable objectives which are designed to evaluate progress towards meeting the goal. It must also identify the type, level and method of monitoring, as well as the responsible party.

(l) "Partner" means each party participating on a particular project.

(m) "Program Application" means the application form and associated documents required for inclusion in the RHAP. The form will be prescribed and document templates distributed by the WDA.

(n) "Project" means an approved individual Rangeland Health Assessment Program plan.

(o) "Rangeland" means expansive, mostly unimproved lands on which a significant portion of the natural vegetation is native grasses, grass-like plants, forbs, and shrubs. Rangelands include natural grasslands, shrublands, woodlands, savannahs, tundra, most deserts, and riparian and wetland plant communities including marshes and wet meadows. Includes lands revegetated naturally or artificially that are managed like native vegetation.

(p) "Rangeland health assessment" means an evaluation of rangeland resources utilizing approved and scientifically accepted protocols and methodologies to determine an areas current state or its ability to support site-specific objectives.

(q) "Rangeland health determination" means a determination of whether or not a rangeland is healthy, at risk, or unhealthy based on the evaluation of three criteria:

(i) degree of soil stability and watershed function,

(ii) integrity of nutrient cycling and energy flow, and

(iii) presence of functioning recovery mechanisms.

(r) "Rangeland monitoring" means the orderly collection, analysis, and interpretation of resource data to evaluate progress toward meeting management objectives. This process must be conducted over time in order to determine whether or not management objectives are being met.

(s) "RHAP" means the Rangeland Health Assessment Program.

(t) "Vegetation Loss" means loss of plants or plant species above what would be expected from proper grazing management of livestock taking into account other herbivores present (e.g., wildlife, insects). It does not include proper utilization of forage plants by domestic livestock.

(u) "WDA" means the Wyoming Department of Agriculture.

Section 4. Applicability of rules.

(a) These rules only apply when an application is made by a governmental agency for participation in the Wyoming Department of Agriculture Rangeland Health Assessment Program.

Section 5. Application. To qualify for inclusion in the RHAP under these rules, a governmental agency shall submit a program application to the WDA.

(a) An application submitted to the WDA will only be considered for inclusion in the RHAP if the following criteria are demonstrated in the application:

(i) The necessity for a rangeland health assessment for the project area including the impact on state, federal, local and private property;

(ii) The assessment will be done with the voluntary cooperation and participation of all participants, including, as appropriate, the private landowner, the state grazing lessee, the federal grazing permittee or lessee and the land management agency;

(iii) Assessments will be conducted on federal or state managed lands under a memorandum of understanding with the federal or state land management agency and with the participation of that federal or state land management agency;

(iv) The assessment will include, as necessary, establishment of rangeland monitoring, compliance with federal agency standards and guidelines, and participation in the incorporation of assessment outcomes into any federal or state decision affecting livestock grazing;

(v) The assessment will include any protections necessary for the management of soil erosion and vegetation loss.

(b) The RHAP application form shall be developed by the WDA in accordance with the requirements of this regulation. The WDA shall make a program application form available to eligible governmental agencies. The application shall include, but not be limited to, the following information:

(i) Project Goals

(ii) List of other committed partners for the Project

(iii) If the governmental agency requests funding during the application process, include:

(A) A budget. Standardized forms will be provided by WDA. A minimum 30% match is required for all grant applications.

(B) Information on how the project addresses priorities established by the Director. Priorities shall be set by January first each year and made available to eligible governmental agencies. Priorities include the consideration of:

(I) Applications that include multiple resource partners;

(II) Amount and variety of funding sources;

(III) Timing and urgency of the project.

(c) Written agreements from all committed partners including affected permittee(s), lessee(s), landowner(s), federal/state land management agency(ies) and any others invited to participate on the project shall be included with the application. The agreement shall include information on each partner's contribution to the project and their commitment to participate if the project is approved for inclusion in the RHAP.

(d) An application including a request for grant funding may only be submitted during the period of a Request for Funding Proposal (RFP) as determined by the WDA and will be reviewed after the close of the RFP.

(e) An application without a funding request may be submitted at any time.

Section 6. WDA RHAP Application Review and Approval. All applications and grant requests shall be reviewed by the WDA. The Director shall make recommendations to the Board of Agriculture who shall have final authority for the approval of applications and grant requests.

Section 7. Financial / Data Records.

(a) Monitoring of Project progress may occur anytime while the governmental agency is under an agreement with the WDA to perform rangeland health assessments, and audits may take place during the Project and up to five (5) years after Project completion.

(b) The governmental agency shall maintain and retain accurate records on a completed Project for five (5) years, starting from the date governmental agency's final report is approved by the WDA.

Section 8. Monitoring Plan. Upon application approval, the governmental agency shall submit a detailed monitoring plan to the WDA in accordance with the terms and conditions of the Project agreement. The monitoring plan shall provide details of the proposed action and how the data will be used to accomplish the goals and objectives listed in the project application.

Section 9. Reporting. The governmental agency shall submit annual progress reports and a final report to the WDA, 2219 Carey Avenue, Cheyenne, WY 82002 in accordance with the terms and conditions of the Project agreement.

Section 10. Loss of eligibility. Any participating governmental agency who does not comply with all provisions of these rules shall not be eligible for further project inclusion or additional grant funding until they have documented correction of all compliance deficiencies to the satisfaction of the WDA. Governmental agencies that demonstrate correction of all deficiencies may submit an application for project inclusion and/or funding consideration.

Section 11. Authority to determine project inclusion and funding amounts. In all cases, the WDA retains the authority to determine inclusion and allocate funding to qualified governmental agencies in the amount determined by the WDA to carry out the intent of W.S. § 11-2-207.

Section 12. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect the other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.

History

Effective 2010-12-16

406 Weed and Pest Programs

Chapter 2 Weed and Pest Special Management Programs

Wyo. Code R. 010.0016.2.04142023 § 1 Authority

These rules are promulgated pursuant to Wyoming Statute 11-5-119 and 11-5-303(g)(i).

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 2 Definitions

Any applicable term defined in W.S. 11-5-302 has the same meaning in these rules. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to effect their purpose. As used in these rules, the following definitions shall apply:

(a) "Best management practices" means the optimal methods for the consistently effective management of designated or declared species. Best management practices may change as new methods are discovered. Best management practices are determined by comparing efficacy to the economic and ecological impacts of the action.

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 3 Implementing a Special Management Program

(a) To establish a special management program, the district board shall request the district supervisor to complete an inventory of the potential species being considered on lands within the district to determine the scope of infestation.

(b) The district supervisor shall issue a report that must include the following:

(i) A map showing the scope of infestation;

(ii) The estimated infestation levels;

(iii) The land use practices of potentially affected landowners;

(iv) Any non-target species of concern;

(v) Proposed management zones, which may contain as few as one landowner;

(vi) Options for management criteria; and

(vii) Any other relevant information.

(c) The district board shall prepare a resolution, to be considered at a regularly scheduled business meeting, that proposes to implement a special management program. The resolution shall include:

(i) The scientific name and common name for each species,

(ii) A profile for each species;

(iii) One or more proposed management zones within the district for each species; and

(iv) The justifications for implementation of a proposed special management program to address the species identified.

(d) Upon the district board's approval of the resolution, the district supervisor shall contact the landowners within each proposed management zone to obtain each landowner's written consent for formation of the proposed management zone.

(e) Before final approval of the special management program, the district shall provide notice to the public in accordance with W.S. 11-5-303(c)(v).

(f) At the district board's next scheduled meeting, the district board may vote on final approval of the implementation of the special management program.

(g) After final approval of the special management program, the district board shall set the landowner's cost-share obligation for each management zone, which shall not exceed the percentage established in W.S. 11-5-303(d)(i).

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 4 Landowner Cooperative Agreements

(a) After the district board's final approval of the program, the district supervisor, on behalf of the district board, shall enter into a cooperative agreement, not to exceed five years in duration, with the landowners within a management zone that desire to participate in the program either separately or collectively. A cooperative agreement shall include:

(i) A map of the management zone that identifies the lands of each participating landowner;

(ii) The district's options for materials and methods of management;

(iii) The best management practices for the management zone;

(iv) The evaluation and monitoring of implemented management practices;

(v) The estimated annual district costs and landowner costs, including labor and equipment expenses incurred by the landowner;

(vi) Identification of any other funds received by the landowner from any other sources for the treatment of the targeted species;

(vii) The prior notification procedures and provisions for access to the enrolled property; and

(viii) The provisions for cooperative agreement revisions or cancellations by either the district or the landowner.

(b) The district board may reimburse the labor and equipment expenses incurred by the landowner in good faith that exceed the landowner's cost-share obligation.

(d) A landowner may request mediation to handle any grievances with the district regarding the cooperative agreement, including through the Wyoming Department of Agriculture's mediation program.

(e) The district board shall maintain a copy of each cooperative agreement for a minimum of two years after its expiration or termination date.

(f) The district board shall maintain records of district costs and the approximate number of acres treated per landowner for a minimum of two years after the cooperative agreement's expiration or termination date.

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 5 Operating a Special Management Program

(a) The district board shall budget for all costs associated with the administration and operation of the program. Those costs may include:

(i) Real property;

(ii) Personal property;

(iii) Equipment;

(iv) Insurance; and

(v) Personnel.

(b) The district board shall use the budget process established by the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125.

(c) Funding from a special management program may be used for research purposes if such research is directly related to the species identified in the district board's resolution and would be directly applicable to management efforts within the district.

(d) At any time, district boards may set a cost-share or funding limit for treatments on state and federal lands included in the special management program.

(e) The district may apply pesticides, may have application equipment available to commercial and private applicators, or both.

(f) The district board may cost share with the landowner the cost of pesticides, the cost of the application, and the cost of any other integrated management practice system for the control of declared or designated species.

(g) In accordance with W.S. 11-5-105(a)(vi), the district board shall obtain competitive bids for any purchase costing more than $10,000.00.

(h) The district board shall comply with W.S. 11-5-105 in the operation of special management program to the extent it does not conflict with W.S. 11-5-301 through 11-5-303 and these rules.

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 6 Amending a Special Management Program

(a) New landowner participation in existing management zones.

(i) Unless the district supervisor determines that new landowner participation will alter the district's budget, the district supervisor may enter into a cooperative agreement on behalf of the district board as set forth in Section 4 with a new landowner who desires to join an established management zone within the District. If a new landowner desires to join a collective cooperative agreement, the district supervisor may modify the collective cooperative agreement if all of the others parties to the agreement agree in writing.

(ii) If the district supervisor determines that the estimated cost for a new landowner's participation will alter the district's approved budget, the district board shall vote on whether to add the new landowner, and if approved, shall follow the proper budget amendment process.

(b) Adding Management Zones.

(i) If a landowner or group of landowners outside of a management zone requests to be a part of the special management program, and the district supervisor determines that adding a management zone including those landowners may enhance the effectiveness of a special management program and not exceed the district's budget for the program, the district supervisor may designate a temporary management zone by:

(A) Preparing a report that lists the designated or declared species to be controlled and a map of the temporary management zone; and

(B) Obtaining the written consent of a majority of the landowners within the temporary management zone.

(ii) After receiving approval of a majority of the landowners within the temporary management zone, the district supervisor may allow landowners within the temporary management zone to participate in the special management program by entering into a cooperative agreement as set forth in Section 4 except that the agreement shall only be in effect for the remainder of the calendar year in which the temporary management zone was designated.

(iii) Temporary management zones shall expire after the district board's annual review of the special management program unless approved as a permanent management zone by the district board before or during the district board's annual review.

(i) To add or remove a species from a special management program, the district board shall prepare a resolution, to be considered at a regularly scheduled business meeting, that proposes to add or remove a species from the special management program. The resolution shall include:

(A) The scientific name and common name for each species to be added or removed;

(B) A profile for each species;

(D) The justifications for adding or removing the species.

(ii) Upon the district board's approval of the resolution, and if the resolution proposes to add a new species, the district supervisor shall contact the landowners within each proposed management zone to obtain each landowner's written consent for formation of the proposed management zone.

(iii) Before final approval of the addition or removal of a species to the special management program, the district shall provide notice to the public in accordance with W.S. 11-5-303(c)(v).

(iv) At the district board's next scheduled meeting, the district board may approve the addition or removal of species from the special management program.

(v) If a species is added to the special management program, the district board shall set the landowner's cost-share obligation for each management zone for each new species.

History

Effective 2023-04-14

Wyo. Code R. 010.0016.2.04142023 § 7 Annual Program Review

(a) The district board shall annually review the special management program.

(i) The district supervisor shall annually prepare a report of the special management program for the district board before the district board's annual review. The report shall include:

(A) The participating landowners' names;

(B) Any government agency participation;

(D) The application costs;

(E) The number of acres treated;

(F) The district's cost, the participating landowners' cost, the government agencies' costs, and the total cost; and

(G) A brief assessment of the program's overall successes and setbacks for the year.

(ii) This report shall be available upon request by any member of the public. Whenever a district receives a request for the district supervisor's annual report, the district shall comply with the Wyoming Public Records Act W.S. 16-4-201 through 16-4-205, and the Special District Public Records and Meetings Act, W.S. 16-12-301 through 16-12-304.

(b) The district shall keep on file a copy of all public notices for the special management program for the duration of the program.

History

Effective 2023-04-14

Chapter 3 Certification Rules for Weed and Pest District Supervisors

Wyo. Code R. 010.0016.3.05132021 § 1 Authority

These Rules are promulgated by the Board pursuant to Wyoming Statute 11-5-106.

History

Effective 2021-05-13

Wyo. Code R. 010.0016.3.05132021 § 2 Definitions

(a) Board means the Board of Certification described in W.S. 11-5-106.

(b) Administration training means instruction on public administration, governmental policy and procedure, human resources, management, and other topics approved by the Board pertaining to administration of a government program.

History

Effective 2021-05-13

Wyo. Code R. 010.0016.3.05132021 § 3 Qualifications

(a) To be certified by the Board, a person must have all of the following:

(i) Either:

(A) A four year college degree, preferably with a major in agriculture or environmental sciences; or

(B) A high school diploma or its equivalent and two years practical experience working in weed and pest management or related fields.

(ii) A passing grade in both a course in entomology and a course in weed science from the University of Wyoming, or a passing grade in equivalent courses from an accredited college or university. The Board may grant a variance for this requirement if the applicant can provide documentation that demonstrates that a non-accredited course(s) is equivalent to the accredited courses described in this paragraph.

(iii) Eight hours of administration training. The Board may grant a variance for this requirement if the applicant can provide documentation that demonstrates competency in administration through other means such as passing collegiate courses or possessing a college degree in public administration.

(b) The Board shall determine course equivalency in consultation with the appropriate University of Wyoming specialist.

(c) An applicant for certification must provide the Board with documents demonstrating that the applicant has satisfied the qualifications above. If the applicant's documentation is insufficient, the Board may ask for additional documentation or deny certification.

(d) Once the Board has reviewed an applicant's documentation and confirmed that the applicant has satisfied the qualifications, it shall certify the applicant. Nevertheless, the Board may deny certification for a qualified applicant if the Board has previously revoked the applicant's certification.

History

Effective 2021-05-13

Wyo. Code R. 010.0016.3.05132021 § 4 Appeals

Applicants may appeal the Board's denial of certification within 20 days of the hand delivery or mailing of a notice of denial through the process outlined in the Board of Certification Wyoming Weed and Pest Control Law Rules of Practice & Procedures for Contested Case Hearings.

History

Effective 2021-05-13

Wyo. Code R. 010.0016.3.05132021 § 5 Continuing Education

Persons certified by the Board shall maintain their certification by attending at least one fall conference or spring workshop put on by the Wyoming Weed and Pest Council within a two-year period from certification or re-certification. If a person certified by the Board fails to meet this continuing education requirement, the Board may revoke the person's certification.

History

Effective 2021-05-13

Wyo. Code R. 010.0016.3.05132021 § 6 Revocation

(a) If the Board decides to revoke a person's certification, the Board shall provide that person with a revocation notice, which shall state:

(i) That the certification shall be revoked 20 days after the mailing of the revocation notice unless a contested case hearing is requested;

(ii) That the person failed to satisfy the continuing education requirement in Section 5 of these rules;

(iii) That the person may request a hearing by submitting a request to the Board within 20 days after the mailing of the revocation notice;

(iv) The name and address of the Board representative to whom a request for a hearing may be made;

(v) That if a hearing is requested, the hearing shall be conducted in accordance with the Board of Certification Wyoming Weed and Pest Control Law Rules of Practice & Procedures for Contested Case Hearings; and

(vi) That the person may appear in person or by counsel licensed to practice in the State of Wyoming.

(b) The Board shall send all revocation notices in this section by certified mail, return receipt requested.

(c) If the person does not confirm attendance at the requested hearing within five days of the scheduled hearing, the Board will cancel the hearing, and the person's certification will be revoked.

(d) If the Board revokes a supervisor's certification, the Board will notify the Weed and Pest District Board that employs that supervisor of the revocation.

History

Effective 2021-05-13

Chapter 4 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0016.4.04142021 § 1 Authority

These rules are promulgated under the Wyoming Weed and Pest Council's rule-making authority established by Wyoming Statute 16-3-103(j)(ii).

History

Effective 2021-04-14

Wyo. Code R. 010.0016.4.04142021 § 2 Purpose

The Wyoming Weed and Pest Council hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2021-04-14

Wyo. Code R. 010.0016.4.04142021 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under W.S. 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2021-04-14

Wyo. Code R. 010.0016.4.04142021 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2021-04-14

Wyo. Code R. 010.0016.4.04142021 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. $0.10/page

(ii) Electronic Media (disk, thumb drive, etc.). Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. Actual Cost

(ii) Facsimile. Actual Cost

History

Effective 2021-04-14

25 Wyoming Bean Commission

Chapter 1 Wyoming Bean Commission Regulations

Wyo. Code R. 010.0012.1.12022021 § 1 Authority

Pursuant to authority vested in the Wyoming Bean Commission by W.S. 11-50-103(b)(xi)-(xii) the following regulations are hereby promulgated and adopted.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 2 Purpose of rules

These rules pertain to the dry edible bean assessment, collection, refund, operational procedures, and fee setting schedule for the Wyoming Bean Commission. These rules also contain auditing requirements and other obligations put forth by the Wyoming Bean Commission and the Wyoming Department of Agriculture as the administrator for the Commission.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 3 Assessment

(a) Wyoming dry edible beans are assessed in the amount of 0.51% of the settlement amount, with two-thirds of the assessment paid by the grower, and one-third by the handler.

(b) There shall be no delineation as to crop year for the assessment of Wyoming dry edible beans.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 4 Collection

(a) The collection of the dry edible bean assessment shall be recorded on forms adopted and provided by the Bean Commission. Collection forms may be obtained from the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002, Phone: 307-777-7321, or online at http://agriculture.wy.gov/divisions/ts/wyoming-bean-commission.

(b) The handler shall present a receipt to the grower at the time of sale. A settlement sheet that has a line item delineating only the grower's Wyoming dry edible bean assessment shall be deemed a receipt.

(c) Handlers shall remit all collected assessments by the 15th of the month next succeeding the quarter in which settlement was made for the dry edible beans. Any and all monies collected shall be remitted to the Bean Commission. No assessment may be retained by the handler for longer than one hundred ten (110) days. Remittance forms shall be sent to the Bean Commission, courtesy of the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002, even if no remittance is due.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 5 Refunds

(a) Any grower or handler who has paid a dry edible bean assessment is entitled to a prompt refund of the contribution from the commission upon request. All

claims for a Bean Commission refund shall be made on forms furnished by the Wyoming Bean Commission, which may be obtained from the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002. This includes all handlers and growers.

(b) No refund application shall be accepted before thirty (30) days, nor after ninety (90) days from the date of the sale upon which the assessment was based. Ninety

(90) days shall be deemed to have elapsed at 12:00 midnight on the ninetieth (90th) day. A valid postmark shall be used to determine the date of submission of the refund application. Handlers shall not receive a refund unless the corresponding grower also claims a refund. The Department shall process applications after assessments have been deposited in the state treasury.

(c) Refund applications shall be processed by the Wyoming Department of Agriculture as part of their administrative duty. After processing the application the Department shall make a recommendation to refund or deny. In order to determine the validity of the claim for refund, the Department may request any additional information needed. An applicant shall be allowed the opportunity to correct any errors or omissions found in their refund application.

(d) If a refund is recommended for approval, the Chairman of the Commission shall issue the refund. If a refund claim is recommended for denial, the Commission as a body shall review the refund application and issue the final grant or denial of the refund claim.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 6 Election of Bean Commission Members

(a) Nominations for Bean Commission members shall be solicited in January of odd-numbered years from bean growers and handlers who have paid the dry bean assessment the previous two years, with nominations due by February 1 of the same year. Eligible nominees shall be those bean growers and handlers who have paid the dry bean assessment the previous two years.

(b) Nominees shall be offered as candidates on ballots sent to bean growers and handlers who have contributed to the dry bean assessment the previous two years. Those ballots shall be sent by the commission, courtesy of the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002, no later than March 1 of odd- numbered years, and shall be due no later than April 1 of the same year.

(c) Candidates with the most votes shall be elected to the Bean Commission. In the event of a tie, the position will be decided by a random drawing.

(d) Elected Bean Commission members shall assume office July 1 of odd- numbered years.

(e) All terms of elected commission members shall be four (4) years with the term ending on June 30 of the respective year.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 7 Election of Bean Commission Officers

Bean Commission officers shall be elected annually at the first Bean Commission meeting after July 1 from current Bean Commission members.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 8 Audits

The Bean Commission may conduct an audit of any person who buys, sells, ships, or distributes dry beans grown in Wyoming which he has purchased or acquired from a grower or which he is shipping on behalf of a grower. The audit shall be to determine that the facility is properly collecting and remitting the dry bean assessment as required.

History

Effective 2021-12-02

Wyo. Code R. 010.0012.1.12022021 § 9 Enforcement

If any person is delinquent on payment, collection, or remittance of the assessment, the Commission shall notify such person and request immediate payment.

History

Effective 2021-12-02

Chapter 2 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0012.2.09062018 § 1 Authority

These rules are promulgated by the Wyoming Bean Commission pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2018-09-06

Wyo. Code R. 010.0012.2.09062018 § 2 Purpose

The Wyoming Bean Commission hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2018-09-06

Wyo. Code R. 010.0012.2.09062018 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under

History

Effective 2018-09-06

Wyo. Code R. 010.0012.2.09062018 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and

(e) apply to electronic public records.

History

Effective 2018-09-06

Wyo. Code R. 010.0012.2.09062018 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i)

Scanning non-electronic public records.

$0.10/page

(ii)

Electronic Media (disk, thumb drive, etc.).

Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i)

Mailing, including cost of the shipping container.

Actual Cost

(ii)

Facsimile.

Actual Cost

History

Effective 2018-09-06

412 Wyoming State Fair Board

Chapter 1 General Provisions, Committees, and Personnel

Wyo. Code R. 010.0018.1.03232022 § 1 Authority

These rules are promulgated under authority of Wyoming Statute 11-10-107(a), for the regulation of all matters within the authority of the Wyoming State Fair Board under W.S. 11-10-101 - 11-10-118, and may be referred to as the "Wyoming State Fair Board Rules."

History

Effective 2022-03-23

Wyo. Code R. 010.0018.1.03232022 § 2 Definitions

Any applicable term defined by statute shall have the same meaning throughout these rules. Additionally, the following definitions shall apply throughout these rules:

(a) "Board" means the Wyoming State Fair Board created by W.S. 11-10-115.

(b) "Department" means the Wyoming Department of Agriculture.

(d) "Employees" means any employee of the Board, as described by W.S. 11-10-102(c)(vi) and Ch. 1, section 4(b) of these rules.

(e) "Manager" means the state fair manager, as described by W.S. 11-10-102(c)(vi) and Ch. 1, section 4(a) of these rules.

(f) "Operations Committee" means the subcommittee described by W.S. 11-10-102(c)(vii), as further described by Ch. 1, section 3(a) of these rules.

(g) "Premium Book" means the catalogue required by W.S. 11-10-104.

(h) "Staff" means Employees and the Manager. The powers and duties of Staff, as described in these rules, may be exercised and performed by the Manager, or Employees at the direction of the Manager, unless otherwise specified by the Board.

History

Effective 2022-03-23

Wyo. Code R. 010.0018.1.03232022 § 3 Committees

(a) Operations Committee. In accordance with W.S. 11-10-102(c)(vii), the Board hereby determines that an Operations Committee would aid in executing the annual state fair. At its first annual regular Board meeting, the Board shall appoint the members of the Operations Committee, which shall not constitute a quorum of the Board, who shall plan, conduct, or supervise the state fair for the following year. The Director shall perpetually serve as the chairman of the Operations Committee.

(b) No Delegation by Committees. No committee shall have any authority to create any subcommittee or otherwise delegate any of its powers or duties, except by express authority of the Board.

History

Effective 2022-03-23

Wyo. Code R. 010.0018.1.03232022 § 4 Personnel

(a) Manager. In accordance with W.S. 11-10-102(c)(vi), the Board hereby determines that a Manager would aid in accomplishing the Board's duties. The Board shall appoint the Manager in accordance with law, and the Manager shall serve at the pleasure of the Board. The Manager shall exercise all powers and perform all duties delegated to him by the Board and shall be responsible for the day-to-day operations of all matters within the Board's authority, in accordance with the directives of the Board and any committees authorized by the Board to direct the Manager.

(b) Employees. In accordance with W.S. 11-10-102(c)(vi), any Employees necessary to accomplish the Board's duties shall be hired by the Board and supervised by the Manager. Any such Employees shall be classified by the State and shall be subject to all duties and entitled to all rights provided by law.

History

Effective 2022-03-23

Chapter 2 General Management

Wyo. Code R. 010.0018.2.03232022 § 1 Presentation and Approval of Budget

In accordance with W.S. 11-10-102(b), the Board shall approve budget requests prepared by the Department on its behalf at the first Board meeting following the presentation of such requests to the Manager by the Department.

History

Effective 2022-03-23

Wyo. Code R. 010.0018.2.03232022 § 2 Fiscal Policy

The Board shall adopt and maintain a fiscal policy setting out procedures governing the operations of Staff, in accordance with law, with regard to internal controls, issuance of checks, obligation of funds, approval of contracts, and other significant aspects of the Board's fiscal operations.

History

Effective 2022-03-23

Wyo. Code R. 010.0018.2.03232022 § 3 Agreements with Other Entities

(a) The Board shall seek and maintain written agreements, of a proper form, as follows:

(i) An agreement with the Department as to the nature and extent of the administrative support to be provided to the Board by the Department, in accordance with W.S. 11-10-102(c)(iii).

(ii) An agreement with the Department as to the process of presenting, approving, and submitting the Board's budget, and the respective roles and authorities of the Board and the Department in such process, in accordance with W.S 11-10-102(b).

(iii) An agreement with the director of the department of state parks and cultural resources concerning the supervision, maintenance, and operation of the "Wyoming Pioneer Memorial Museum," in accordance with W.S. 11-10-112 - 11-10-114.

(iv) An agreement with the respective leadership of Wyoming 4-H and FFA concerning the participation of each group at the Wyoming State Fair.

(b) Nothing in this section shall be construed to deprive or limit the Board, or any of its designees, from contracting or otherwise entering into any agreement, with any entity, for any purpose, to the fullest extent allowed under law.

History

Effective 2022-03-23

Chapter 3 Public Records and Fees

Wyo. Code R. 010.0018.3.03232022 § 1 Designated Public Records Person

The Manager shall serve as the Board's Designated Public Records Person and shall be responsible for compliance with all applicable laws as such.

History

Effective 2022-03-23

Wyo. Code R. 010.0018.3.03232022 § 2 Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

(a) The Board has determined that the incorporation of the full text of the rules identified in subsection (d) of this section would be cumbersome or inefficient given the length or nature of the rules.

(b) This incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the effective date identified in subsection (d) of this section

(c) The rules identified in subsection (d) of this section are maintained at 400 West Center Street, Douglas, Wyoming 82633, and are available for public inspection and copying at the same location.

(d) The following rules are hereby incorporated by reference: Chapter 2: Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at https://rules.wyo.gov/Search.aspx?mode=4

History

Effective 2022-03-23

Wyo. Code R. 010.0018.3.03232022 § 3 Adoption and Publication of Fees

Fees, other than those determined under Ch. 3, section 2 of these rules, shall be adopted annually by the Board by May 1st of each year. Fees shall be published annually in the Premium Book or in a supplementary fee schedule. Staff shall maintain the current supplementary fee schedule at 400 West Center Street, Douglas, Wyoming 82633, and shall post the current supplementary fee schedule to the Board's website within seven (7) days of its adoption by the Board. Such posting shall not be removed until replaced.

History

Effective 2022-03-23

22 Wyoming Wheat Marketing Commission

Chapter 1 Wheat Assessment, Collection and Refunds

Wyo. Code R. 010.0009.1.07052023 § 1 Authority

Pursuant to W.S. 11-38-101 through 11-38-110, and the authority provided by W.S. 11-38-104(b)(xi), the following rules are hereby promulgated and adopted.

History

Effective 2023-07-05

Wyo. Code R. 010.0009.1.07052023 § 2 Assessment

(a) Wyoming wheat is assessed in the amount of two and one-half cents ($0.025) per bushel, effective October 1, 2023.

(b) There shall be no delineation as to crop year in the assessment of Wyoming wheat. "Wyoming wheat" means wheat grown in the state of Wyoming at any time, provided that wheat originating from any state that collects a similar levy upon wheat, but bases assessment upon the location of the first sale taking place within its jurisdiction shall be treated as if the wheat were grown within the state of Wyoming, being first handled by a Wyoming handler.

History

Effective 2023-07-05

Wyo. Code R. 010.0009.1.07052023 § 3 Collection

(a) The collection of the wheat assessment shall be recorded on forms acceptable to the Wheat Marketing Commission.

(b) Handlers shall remit all collected assessments by the 15th of the month next succeeding the quarter in which the wheat is sold or contracted in commercial channels. Any and all monies collected shall be remitted to the Wheat Marketing Commission. No assessment may be retained by the handler for longer than one-hundred-seven (107) days.

(c) The handler shall present a receipt to the grower at the time of sale. A settlement sheet that has a line item delineating only the Wyoming wheat assessment shall be deemed a receipt.

(d) The grower may apply for a Wheat Assessment Refund at the Office of the Wheat Marketing Commission. Refund forms must be submitted not less than thirty (30) nor more than ninety (90) days from the date of sale.

History

Effective 2023-07-05

Wyo. Code R. 010.0009.1.07052023 § 4 Refunds

(a) A person who has paid the prescribed assessment is entitled to a prompt refund of the contribution.

(b) No refund application will be accepted after the ninety (90) days have elapsed. Ninety (90) days shall be deemed to have elapsed at 12:00 midnight on the ninetieth (90th) day. A valid postmark shall be used to determine the date of submission of the refund application.

(c) Payment of a refund will be made promptly after the contribution has been received from the handler which collected the initial assessment.

(d) Only forms provided by the Wheat Marketing Commission will be accepted.

(e) The Wheat Marketing Commission may refuse payment of doubtful claims. Claimants must provide all information as deemed necessary by the Wheat Marketing Commission before payment will be made.

(f) A person may request a hearing on a denied refund claim before the Wheat Marketing Commission.

(g) Contested cases will be heard only at regularly scheduled meetings of the Wheat Marketing Commission. The procedure for a contested case shall be as outlined in W.S. 16-3-107.

History

Effective 2023-07-05

Wyo. Code R. 010.0009.1.07052023 § 5 Enforcement

The Wheat Marketing Commission shall take appropriate action when these regulations are not followed.

History

Effective 2023-07-05

Chapter 2 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 010.0009.2.11202020 § 1 Authority

These rules are promulgated by the Wyoming Wheat Marketing Commission pursuant to Wyoming Statute § 16-3-103(j).

History

Effective 2020-11-20

Wyo. Code R. 010.0009.2.11202020 § 2 Purpose

The Wyoming Wheat Marketing Commission hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2020-11-20

Wyo. Code R. 010.0009.2.11202020 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under

W.S.16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts, or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2020-11-20

Wyo. Code R. 010.0009.2.11202020 § 4 Electronic Public Records

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2020-11-20

Wyo. Code R. 010.0009.2.11202020 § 5 Non-Electronic Public Records

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i)

Scanning non-electronic public records.

$0.10/page

(ii)

Electronic Media (disk, thumb drive, etc.).

Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i)

Mailing, including cost of the shipping container.

Actual Cost

(ii)

Facsimile.

Actual Cost

History

Effective 2020-11-20