WSR 99-07-108



[ Filed March 23, 1999, 3:03 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-23-087.

Title of Rule: Washington state red raspberry grade, labeling and handling standards.

Purpose: Allow the Red Raspberry Commission to implement rules and regulations for uniform labeling of red raspberries marketed, sold or processed within Washington state.

Statutory Authority for Adoption: RCW 15.65.280, 15.65.380.

Statute Being Implemented: RCW 15.65.330(1).

Summary: The rules will establish standards in packaging and labeling to ensure proper use of product in processing and preparation for marketing.

Reasons Supporting Proposal: The rules are necessary to maintain standards of quality for red raspberries grown in Washington.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Anne Seeger, 1323 Lincoln Street, #204, Bellingham, WA 98226, (360) 671-1437.

Name of Proponent: Washington Red Raspberry Commission, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The adoption of the rules will be in compliance with the provisions of chapters 15.65 and 34.05 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules establish uniform handling standards and labeling. In compliance with the marketing order for red raspberries (WAC 16-561-030 Marketing order purposes) these rules are necessary to maintain the quality of processed Washington-grown red raspberries while providing a safe product for the consumer.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not impose more than minor costs on businesses in the raspberry industry. The rule will not increase cost in equipment, supplies, labor or administrative expenses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Whatcom County Courthouse Annex, Hearing Room, 1000 North Forest Street, Bellingham, WA, on April 27, 1999, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by April 23, 1999, TDD (360) 902-1996, or (360) 901-1976.

Submit Written Comments to: Walter Swenson, Agricultural Programs Administrator, Washington Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, fax (360) 902-2092, by April 30, 1999.

Date of Intended Adoption: May 14, 1999.

March 22, 1999

Monte Maberry

President, Board of Directors

Chapter 16-561 WAC

Washington Red Raspberry Commission

AMENDATORY SECTION(Amending Order 1888, filed 6/6/86)

WAC 16-561-010
Definition of terms.

For the purpose of this marketing order:

(1) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Act" means the Washington Agricultural Enabling Act of 1961 or chapter 15.65 RCW.

(4) "Person" means any person, firm, association, or corporation.

(5) "Affected producer" means any person who produces or stores in the state of Washington raspberries in commercial quantities for fresh market, for processing, or for sale to processors.

(6) "Commercial quantity" means any raspberries produced or stored in quantities of three tons (6,000 pounds) or more, in any calendar year.

(7) "Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, storing, freezing, or distributing raspberries not produced by him.

(8) "Red raspberry commodity board," hereinafter referred to as "board," means the commodity board formed under the provisions of WAC 16-561-020.

(9) "Raspberries" means and includes all kinds, varieties, and hybrids of "rubus idaeus" of red color.

(10) "Marketing season" or "fiscal year" means the twelve-month period beginning with January 1 of any year and ending with the last day of December following, both dates being inclusive.

(11) "Producer-handler" means any person who acts both as a producer and as a handler with respect to raspberries.  A producer-handler shall be deemed to be a producer with respect to the raspberries which he produces and a handler with respect to the raspberries which he handles, including those produced by himself.

(12) "Affected area" means that portion of the state of Washington located west of the summit of the Cascade Mountains.

(13) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

(14) "Affected unit" means one pound net of raspberries.

(15) "Fresh market red raspberries" means any red raspberries that are picked, packaged for transportation to the consumer, and consumed, before any additional process is performed on them.

[Statutory Authority: Chapter 15.65 RCW.  86-13-012 (Order 1888), 16-561-010, filed 6/6/86.  Statutory Authority: RCW 15.65.180.  83-24-028 (Order 1809), 16-561-010, filed 12/1/83; Order 1478, 16-561-010, filed 7/29/76.]

WAC 16-561-130
Grade, labeling and handling standards

(1) This rule shall apply to all red raspberries marketed, sold or processed within Washington state; except fresh market red raspberries which are exempt from this rule.

(2) All red raspberries will be classified as "juice stock" unless they are harvested and transported in a standard, maximum 25 pound flat, delivered to a Washington State certified processing plant and visually re-inspected on a cleaning-sorting belt.

(3) All juice stock containers must be labeled "[state or province of origin] red raspberry juice stock."

(a) The letters shall not be less than one inch in height.

(b) The label or stencil must be placed in a position on the container so as to be easily seen by the processor and inspector.

(4) Red raspberry juice stock products shall be labeled with lettering consistent in size with product name and must be used only for:

(a) single strength or concentrated filtered, pasteurized juice,

(b) minimum double strength, pasteurized, concentrated puree and shall pass through two, maximum .33 screen finishers,

(i) All product handled this way will be labeled, "Washington state red raspberry juice stock concentrated puree."

(ii) This process must be completed at one site.

(c) single strength pasteurized puree will pass through two, maximum .033 screen finishers.

(i) All product handled this way will be labeled, "Washington state red raspberry juice stock pasteurized puree."

(ii) This provision (4c) will apply only to 1999 harvested crop (after which it will be eliminated).

(5) The Washington Red Raspberry Commission board shall be authorized to cooperate with the Washington State Department of Agriculture for inspection and enforcement of the labeling requirements.

(a) Any person violating these standards shall be subject to a civil penalty of five hundred dollars for each and every violation. The failure to properly label or handle a single container shall be considered a separate violation.

(b) An action to assess a civil penalty for violations of this rule shall be governed by the administrative procedure act, chapter 34.05 RCW.


Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office