WSR 99-17-003

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 4, 1999, 2:20 p.m. ]

Date of Adoption: July 9, 1999.

Purpose: Clarify labeling and grade tolerance requirements for apricots.

Citation of Existing Rules Affected by this Order: Amending WAC 16-406, Standards for apricots.

Statutory Authority for Adoption: RCW 15.17, Standards of grades and packs.

Adopted under notice filed as WSR 99-08-108 on April 7, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 3, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

July 9, 1999

Jim Jesernig

Director

OTS-3010.2


AMENDATORY SECTION(Amending Order 1015, Regulation B, filed 4/29/66)

WAC 16-406-020
Tolerances.

(1) In order to allow for variations incident to proper grading and handling, not more than a total of ten percent of the apricots in any ((container)) lot may be below the requirements of grade, provided that not more than five percent shall be seriously damaged by insects, and not more than one percent shall be allowed for decay or internal breakdown: Provided, That in addition in Washington No. 1 not more than ten percent, by count, of the apricots in any lot may be damaged but not seriously damaged by bruising.

(2) When applying the foregoing tolerances to the combination grade no part of any tolerance shall be used to reduce the percentage of Washington No. 1 apricots required in the combination, but individual containers may have not more than ten percent less than the percentage of Washington No. 1 required, provided that the entire lot averages within the percentage specified.

[Order 1015, Regulation B, filed 4/29/66; Order 771, effective 4/28/58.]


NEW SECTION
WAC 16-406-025
Application of tolerances.

(1) The contents of individual samples are subject to the following limitations: Provided, That the averages for the entire lot are within the tolerances specified for this grade.

(2) For packages which contain more than ten pounds, and a tolerance of ten percent or more is provided, individual samples in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than ten pounds and a tolerance of less than ten percent is provided, individual samples in any lot shall have not more than double the tolerance specified: Provided, That not more than one apricot which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any sample.

(3) Washington No. 1 grade. For packages containing ten pounds or less: Not more than ten percent of the samples may have more than three times the tolerances specified, except that at least one defective apricot may be permitted in any sample: Provided, That not more than one apricot or more than six percent (whichever is the larger amount) may be affected by decay or internal breakdown.

(4) Washington No. 2 grade. For packages containing ten pounds or less: Not more than ten percent of the samples may contain more than three times the tolerances specified.

[]


AMENDATORY SECTION(Amending Order 1015, Regulation C, filed 4/29/66)

WAC 16-406-030
Marking and packing requirements.

(1) When the numerical count is used, the apricots in any container shall not vary more than one fourth inch in diameter.  In order to allow for variations incident to proper sizing, not more than ten percent, by ((weight)) count, of the apricots in any package may be below the minimum size specified ((except when in packed containers when the variation in size in the individual package does not exceed one fourth inch in diameter)).  The determination of grade may be made on the count basis.

(2) When apricots are prepared for market and/or offered for sale in containers, open or closed, such containers shall have stamped thereon the variety, grade, and packer's, grower's or shipper's name and address, ((and the net weight)) count, or net weight and minimum diameter.

(These marking requirements do not apply to apricots being sold or shipped to canneries)

[Order 1015, Regulation C, filed 4/29/66; Order 771, effective 4/28/58.]


AMENDATORY SECTION(Amending Order 1015, Regulation E, filed 4/29/66)

WAC 16-406-050
Definition of terms.

As used in these grades:

(1) "Mature" means having reached the stage of maturity which will insure a proper completion of the ripening process.

(2) "Well formed" means having the shape characteristic of the variety.

(3) "Damage" means that the apricot is injured to an extent readily apparent in the process of proper grading and handling.  Well healed growth cracks not over three eighths of an inch in length, punctures not over three sixteenths of an inch in diameter, stem pulls not over three-eighths of an inch in diameter (except for the Riland variety - growth cracks not over three-eighths of an inch in length, punctures not over one-fourth of an inch in diameter and stem pulls not over one-half inch in diameter) or smooth shallow limb rubs not more than one-fourth of an inch in diameter or russeting affecting not to exceed one-tenth of the surface of the apricot shall not be regarded as damage.  Bruises not to exceed five percent of the surface of the apricot shall not be regarded as damage.

(4) Hail marks that are shallow and superficial or not more than three-eighths of an inch in diameter in the aggregate, or when the skin has been broken, except that not to exceed one well healed hail mark, such mark not to exceed one-eighth of an inch in diameter will not be considered as damage.

(5) "Serious damage" means immaturity, or any deformity or injury which causes breaking of the skin in excess of three-eighths of an inch in diameter or which seriously affects the appearance, but well healed growth cracks, not over one-half inch in length, shall not be regarded as serious damage.  Except for the Riland variety - growth cracks that are not well healed and not over one-half inch in length shall not be regarded as serious damage.  Bruises not to exceed ten percent of the surface of the apricot shall not be regarded as serious damage.  Hail marks that are not more than three-sixteenth of an inch deep, or not more than one-half of an inch in diameter in the aggregate or when the skin has been broken, except that not to exceed four well healed hail marks, each such mark not to exceed one-eighth of an inch in diameter, will not be considered as serious damage.

(6) "Diameter" means the greatest diameter, measured through the center of the apricot, at right angles to a line running from the stem to the blossom end.  Apricots having a diameter of one and one-half inches or larger, ring measurement, ((shall)) may be considered large, while the apricots having a diameter of less than one and one-half inches ((shall)) may be designated as small.

(7) The following will be taken into consideration in determining maturity:

(a) Ambering--Replacement of the green color of the flesh immediately around the pit by an amber shade is recognized by many authorities on apricots as an indicator of maturity.

(b) Springiness--This condition develops in connection with the separation of the flesh from the pit and is an indication that the fruit is reaching proper tree maturity for picking for fresh shipment.  Springiness may be detected by external pressure on the fruit or by cutting the apricot in half at right angles to the longitudinal axis and noting how one-half or both halves slip away from the pit.

(c) Taste--On a tree whose fruit is ready for harvest for fresh shipment it is usually impossible to find at least an occasional fruit which has lost sufficient of its green taste to be fairly palatable.  In using this test, do not be misled by fruits which may be maturing abnormally because of worm infestation.

(d) Separation of fruit from stem--The manner in which fruit may be separated from its stem is some indication of maturity, the more immature fruit tending to tear the adjacent skin and flesh more than fruit which is near proper maturity.

(8) The following varieties shall not be considered to have reached that stage of maturity which will insure a proper completion of the ripening process until they have developed characteristic turning or yellow (shades Nos. 3 or 4 on U.S. standard ground color chart) on the minimum percentage of surface area as stated opposite the varietal name:

Moorpark 20%
Gilbert or Newcastle 50%
Tilton 40%
Blenheim 40%
Royal 40%

[Order 1015, Regulation E, filed 4/29/66; Order 771, effective 4/28/58.]