WSR 03-20-094

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 30, 2003, 1:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-15-120.

Title of Rule: Chapter 16-403 WAC, Standards for apples marketed within the state of Washington, the department is proposing to amend WAC 16-403-280 Adoption of United States standards as state standards, to adopt the new United States standards for grades of apples, which were effective on December 19, 2002.

Purpose: The purpose of the proposed amendment is to adopt the United States standards for grades of apples so that apples certified under Washington state standards will meet United States standards. This amendment will enable apples marketed in areas that require only United States grades to be marketed without being recertified. This simplified process should make marketing Washington state apples easier and should reduce the industry's marketing costs.

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 15.17.030.

Summary: By adopting the United States standards for grades of apples, apples certified under state standards will meet United States standards. This means they can be marketed in areas that require only United States grades without having to be recertified.

Reasons Supporting Proposal: See Summary above and Explanation of Rule below.

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: The proposed amendment adopts the United States standards for grades of apples as state standards. Adoption of the United States standards ensures that apples from Washington state meets or exceeds the requirements of the United States standards. Apples certified to meet the state standards will not be required to be recertified for domestic or export markets that require apples to meet only the United States grade standards. This amendment should make marketing Washington state apples easier and should reduce the cost of marketing to the industry by eliminating the need to recertify apples that are already state certified.

Proposal Changes the Following Existing Rules: This amendment will enable apples marketed in areas that require only United States grades to be marketed without being recertified.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not impose any additional cost on the regulated industry. In fact, it allows the industry to reduce marketing costs while making it easier for the industry to market Washington state apples.

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-6630.1


AMENDATORY SECTION(Amending WSR 02-12-011, filed 5/23/02, effective 8/1/02)

WAC 16-403-280   Adoption of United States standards as state standards.   In addition to the standards for apples prescribed in WAC 16-403-140 through 16-403-275, there are hereby adopted, as additional standards of the state of Washington for apples, the United States standards for grades of apples, effective ((September 1, 1964, as amended October 1, 1966, July 25, 1972, and March 25, 1976)) December 19, 2002, adopted by the United States Department of Agriculture, as they apply to U.S. extra fancy, U.S. fancy, U.S. No. 1 and U.S. No. 1 hail, provided, the color requirements specified for U.S. No. 1 and U.S. No. 1 hail must be good shade of red color and the percentage of color required for U.S. No. 1 and U.S. No. 1 hail for Delicious shall be 25 percent good shade of red color and provided further, that all the United States grades as applied to Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold varieties shall meet the firmness requirements of WAC 16-403-142.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 02-12-011, 16-403-280, filed 5/23/02, effective 8/1/02. Statutory Authority: Chapter 15.17 RCW. 89-14-031 (Order 2012), 16-403-280, filed 6/28/89, effective 9/1/89; 88-14-128 (Order 1982), 16-403-280, filed 7/6/88, effective 9/1/88; Order 1374, 16-403-280, filed 7/26/74, effective 9/1/74.]

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