WSR 01-12-079

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 5, 2001, 12:59 p.m. ]

Date of Adoption: June 1, 2001.

Purpose: WAC 16-403-141, to establish a permanent general harvest release date for Golden Delicious varieties of apples; WAC 16-403-143, to establish a permanent general harvest release date for Granny Smith variety of apples; and WAC 16-403-220, to establish a crop year marking requirement on all apple cartons.

Citation of Existing Rules Affected by this Order: Chapter 16-403 WAC, Standards for apples marketed within the state of Washington; amending WAC 16-403-141, 16-403-143, and 16-403-220.

Statutory Authority for Adoption: Chapter 15.17 RCW.

Adopted under notice filed as WSR 01-08-068 on April 3, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 1, 2001

Jim Jesernig

Director

OTS-4759.1

Chapter 16-403 WAC

STANDARDS FOR APPLES MARKETED WITHIN THE STATE OF WASHINGTON


AMENDATORY SECTION(Amending WSR 99-14-036, filed 6/29/99, effective 7/30/99)

WAC 16-403-141   Red Delicious, Delicious, Golden Delicious -- Minimum soluble solids.   For harvest of the crop of the current growing season, apples of the Red Delicious and Delicious varieties cannot be shipped prior to October 1, unless they have at least ten percent soluble solids as determined by refractometer. Apples of the Golden Delicious varieties, cannot be shipped prior to ((the general release as established by the Delicious maturity committee of the Washington state horticultural association)) September 20 unless they have at least ten and one-half percent soluble solids as determined by refractometer.

[Statutory Authority: Chapter 15.17 RCW. 99-14-036, 16-403-141, filed 6/29/99, effective 7/30/99; 86-14-026 (Order 1892), 16-403-141, filed 6/25/86.]


AMENDATORY SECTION(Amending WSR 92-15-056, filed 7/13/92, effective 8/13/92)

WAC 16-403-143   Granny Smith -- Starch-iodine requirements.   ((Prior to the general release date)) For harvest of the crop of the current growing season, ((as established by the Delicious maturity committee of the Washington state horticultural association, shipment shall not be allowed of)) apples of the Granny Smith variety ((which fail to)) cannot be shipped prior to October 10 unless they meet the stage of maturity as indicated by starch-iodine rating of 1.2 on the Cascade Analytical Inc. chart: Provided, That any such lot of apples may be shipped if not more than ten percent of the apples tested fail to meet the 1.2 rating.

[Statutory Authority: Chapter 15.17 RCW. 92-15-056, 16-403-143, filed 7/13/92, effective 8/13/92.]


AMENDATORY SECTION(Amending Order 5005, filed 8/30/93, effective 9/30/93)

WAC 16-403-220   Marking requirements -- Open or closed containers.   (1) The containers shall bear the correct name of the variety or "variety unknown," the name of the grower, packer, or distributor, and his address, the grade, the numerical count or the minimum diameter of apples packed in a closed container, and the net contents either in terms of dry measure or weight. The minimum weight of individual apples within the container may be stated in lieu of, in combination with, or in addition to, minimum diameter as a declaration of size. All open containers and consumer packages must bear statement of net weight or volume.

(a) When the numerical count is not shown, the minimum diameter or minimum weight of individual apples shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eight inch fractions thereof or in terms of whole grams.

(b) When used in combination with minimum diameter as a size designation, the following minimum fruit weights shall be used:


Red Delicious Golden Delicious
2 1/8 in. or 65 grams 63 grams
2 1/4 in. or 75 grams 70 grams
2 3/8 in. or 84 grams 82 grams
2 1/2 in. or 100 grams 95 grams
2 5/8 in. or 115 grams 109 grams
2 3/4 in. or 139 grams 134 grams

(c) The word "minimum," or its abbreviation, when following a diameter size or weight size marking, means that the apples are of the size marked or larger.

(2) Over-wrapped consumer units may be marked with count, if all specimens can be counted.

(3) Any of these marks may be placed on either the end or side of the container. (California requires end markings.)

(4) When containers are marked as to number, each container shall contain the correct number of apples designated by the markings.

(5) Grade markings on consumer-type packages must be at least one-fourth inch in height.

(6) Apples which were produced outside of the state of Washington and which are graded, packed, or repacked in the state of Washington, shall be correctly labeled as to the state or country of origin, e.g., "Product of Oregon," "Grown in Oregon," "Produced in Canada."

Such marking shall be placed on the same end or side panel of the container as other markings related to grade, variety, net contents, and name and address of the grower, packer, or distributor, and shall be of similar print size. Consumer type packages shall not be required to bear a statement as to origin when such marking has been placed on the master shipping container.

(7) Containers shall be marked with the harvest year beginning on October 1 of each year and be applied only to apples harvested in the previous year; that this marking shall occur at the time of shipment; and be displayed on the principal display panel with letters of a minimum of one-half inch in height.

[Statutory Authority: Chapter 15.17 RCW. 93-18-065 (Order 5005), 16-403-220, filed 8/30/93, effective 9/30/93; 92-15-056, 16-403-220, filed 7/13/92, effective 8/13/92; Order 1374, 16-403-220, filed 7/26/74, effective 9/1/74.]

Washington State Code Reviser's Office