Original Notice.

Preproposal statement of inquiry was filed as WSR 99-13-187.

Title of Rule: WAC 16-449, Washington controlled atmosphere storage requirements for winter pears.

Purpose: According to the petition submitted to the department, the proposed rule will provide the consumer a better quality winter pear. In addition, growers should recognize a higher packout due to the lack of scuffing, belt burn, scald and shrivel because packers/shippers will be able to pack their winter pears earlier in the season. The earlier the packers/shippers can apply ethoxygin and TBZ, the better the storage conditions are for the long pull. The delay in packing (90 days) contributes to scald, decay, scuffing and shrivel, which equates to lower packouts to the grower, more condition problems for the packers/receivers and less returns for the growers.

Statutory Authority for Adoption: RCW 15.17.

Statute Being Implemented: RCW 15.17.30 [15.17.030].

Summary: Agency response to industry requests concerning lowering the requirements from ninety to sixty days for qualifying winter pears as controlled atmosphere storage. This will provide the consumer with a higher quality winter pear because the packer/shipper will be able to pack and market winter pears from controlled atmosphere thirty days earlier. Growers will realize higher packouts without added increases in quality defects.

Reasons Supporting Proposal: Request from the Upper Wenatchee River Pears Association, and supported by the Washington State Horticulture Association.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, Washington, (360) 902-1833.

Name of Proponent: Upper Wenatchee River Pears Association and the Washington State Horticulture Association, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Amendments to the existing rule, WAC 16-449, Washington controlled atmosphere storage requirements for winter pears. This change will allow for the packing and shipping of controlled atmosphere (CA) winter pears thirty days earlier. Proponents have indicated that the change from ninety to sixty days will allow growers to realize higher packouts due to earlier packing times, which will assist in reducing scuffing, belt burn, scald and shrivel. This will allow the consumer to receive a higher quality winter pear.

Proposal Changes the Following Existing Rules: The proposal will now qualify winter pears as meeting controlled atmosphere (CA) storage requirements after the completion of sixty days instead of the previous requirement of ninety days.

No small business economic impact statement has been prepared under RCW 19.85. On June 9, 1999, the Upper Wenatchee River Pear Association petitioned the Washington State Department of Agriculture (WSDA) to amend the current rules, thereby reducing the amount of days (from ninety to sixty) for qualifying winter pears as meeting the controlled atmosphere storage requirements. The Washington State Horticulture Association also supported the request. The intent of the proposal is to allow winter pears to qualify thirty days earlier as meeting the controlled atmosphere storage requirement. The shorter storage period will allow for the earlier packing/shipping and marketing of winter pears. Currently, there is no mandatory requirement for winter pears to be stored in controlled atmosphere storage. Winter pear growers, packers and shippers have the option to either market their winter pears directly from the orchard, regular type storage or from controlled atmosphere storage. Because the proposed rule is at the request of industry and because the proposed rule allows for more marketing options and is not a mandatory storage requirement, there is no small business impact statement.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: On October 4, 1999, 10:00 a.m., at the State Department of Agriculture Building, 21 North 1st Avenue, Yakima, WA 98902; and on October 5, 1999, 10:00 a.m., at the Washington Apple Commission Office, 2900 Euclid Avenue, Wenatchee, WA.

Assistance for Persons with Disabilities: Contact Cathy Jensen by October 1, 1999, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Jim Quigley, F&V Program Manager, WSDA Commodity Inspection Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2985, by October 5, 1999.

Date of Intended Adoption: October 8, 1999.

August 13, 1999

William E. Brookreson

Deputy Director

OTS-3349.1

AMENDATORY SECTION(Amending Order 1543, filed 11/8/77)

WAC 16-449-010
Requirements.

Winter pears to be classified as controlled atmosphere storage pears, which meet the following requirements, other than those specifically set forth in RCW 15.30.

(1) Oxygen content of each room shall not exceed 5 percent oxygen within 20 days after sealing of room.

(2) Winter pears shall be retained in a controlled atmosphere storage, under required degrees of temperature and percentage of air components, for a period of not less than 45 days for the Bosc variety, and not less than ((90)) 60 days for all other varieties of winter pears, to qualify as having been stored in controlled atmosphere storage.

(3) No person in this state shall place or stamp the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or sub-container of any fruits or vegetables, unless the director has inspected such fruits or vegetables and issued a state lot number for such fruits or vegetables in conjunction with a certificate stating their quality and condition, that they were stored in a warehouse licensed under the provisions of this chapter and that they meet all other requirements of this chapter or rules adopted hereunder: Provided, That if such fruits or vegetables are not allowed to enter the channels of commerce within two weeks of such inspection or a subsequent similar inspection by the director the letters "CA" and the state lot number shall be eradicated by the licensee.

(4) Preconditioned winter pears: In order to bear the "CA" stamp, all winter pears must be certified as meeting controlled atmosphere storage requirements prior to the preconditioning.

[Order 1543, § 16-449-010, filed 11/8/77; Order 1326, § 16-449-010, filed 9/27/73.]