WSR 03-20-093

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 30, 2003, 1:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-15-118.

Title of Rule: Chapter 16-406 WAC, Standards for apricots, the department is proposing to repeal WAC 16-406-001 Promulgation and amend WAC 16-406-025 Application of tolerances.

Purpose: The department is proposing to repeal WAC 16-406-001 because it is outdated and no longer needed. The proposed amendments to WAC 16-406-025(2) will make the tolerance requirements in that subsection consistent with the tolerance requirements in subsection (1) of WAC 16-406-020 Tolerances.

Statutory Authority for Adoption: Chapter 15.17 RCW, Standards of grades and packs and chapter 34.05 RCW, Administrative Procedure Act.

Statute Being Implemented: RCW 15.15.030.

Summary: During the course of an Executive Order 97-02 rule review, the fruit and vegetable inspection program noted that WAC 16-406-001 Promulgation should be repealed because it is outdated and no longer needed. It was also noted that the tolerance requirements in WAC 16-406-020(1) and 16-406-025(2) were not consistent. By deleting the reference to "seriously damaged by insects or" in WAC 16-406-025(2), the tolerance requirements in both sections will be consistent and the rule will be easier to understand and apply. The tolerance for "seriously damaged by insects" is 10% while the language in WAC 16-406-025(2) allows for a tolerance of 10% provided that no more than one apricot is seriously damaged by insects or affected by decay or internal breakdown in any sample. Generally, it would take two or more apricots to exceed the 10% tolerance requirement therefore the current language in WAC 16-406-025(2) is not consistent with the tolerance level allowed in WAC 16-406-020(1).

Reasons Supporting Proposal: See Summary above.

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

Name of Proponent: Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 16-406-001 Promulgation should be repealed because it is outdated and no longer needed. The tolerance requirements in WAC 16-406-020(1) and 16-406-025(2) are not consistent. By deleting the language "seriously damaged by insects or" in WAC 16-406-025(2), the tolerance requirements in both sections will be consistent and the rule will be easier to understand and apply. The tolerance for "seriously damaged by insect" is 10% while the language in WAC 16-406-025(2) allows for a tolerance of 10%, provided that no more than one apricot is seriously damaged by insects or affected by decay or internal breakdown in any sample. Generally, it would take two or more apricots to exceed the 10% tolerance; therefore the current language in WAC 16-406-025(2) is not consistent with the allowed tolerance in WAC 16-406-020(1).

Proposal Changes the Following Existing Rules: Removing the language "seriously damaged by insects or" in WAC 16-406-025(2) will allow industry to meet the grade requirements as intended in WAC 16-406-020(1).

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment to WAC 16-406-025(2) does not impose any additional cost on businesses regulated by the rule. By deleting the language "seriously damaged by insects or" in WAC 16-406-025(2), the tolerance requirements in WAC 16-406-025(2) and 16-406-020(1) will be consistent and the rules will be easier to understand and apply, which should result in a cost savings to the regulated industry.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: Yakima Agriculture Center, 21 North 1st Avenue, Yakima, WA, on November 10, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Crose by November 3, 2003, TDD (360) 902-1976.

Submit Written Comments to: Jim Quigley, Program Manager, Washington State Department of Agriculture Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by 5:00 p.m. on November 10, 2003.

Date of Intended Adoption: November 19, 2003.

September 29, 2003

Robert W. Gore

Assistant Director

OTS-6631.1


AMENDATORY SECTION(Amending WSR 99-17-003, filed 8/4/99, effective 9/4/99)

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.

[Statutory Authority: Chapter 15.17 RCW. 99-17-003, 16-406-025, filed 8/4/99, effective 9/4/99.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-406-001 Promulgation.

Legislature Code Reviser 

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Washington State Code Reviser's Office