Purpose: The purpose of this rule-making order is to adopt a rewritten, reformatted and reorganized chapter 16-409 WAC, Standards for asparagus, that is easier to understand and use. No new requirements are included in the rewritten chapter 16-409 WAC. This rewritten chapter 16-409 WAC is a result of the department's ongoing Executive Order 97-02 rule review effort and the department's effort to comply with the executive order's "clarity criteria."

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-409-060, 16-409-075 and 16-409-085; and amending WAC 16-409-015, 16-409-020, 16-409-030, 16-409-035, 16-409-065, and 16-409-070.

     Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

      Adopted under notice filed as WSR 05-06-102 on March 2, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 6, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 6, Repealed 3.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 6, Repealed 3.

     Date Adopted: May 4, 2005.

Valoria H. Loveland

Director

OTS-7737.1

If an individual shipment of fresh Washington asparagus:		Then the shipment is exempt from the requirements in:
(1)	Consists of asparagus for home use and not for resale; and	•	WAC 16-409-020 through 16-409-060;
(2)	Does not exceed two hundred fifty pounds net weight.	•	WAC 16-409-065 (2), (3), (4), (5), and (7); and
		•	WAC 16-409-070.

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     (15) "Field container" means an open lug made of wood, plastic, or similar material and used repetitively for field harvesting.)) The following definitions are important to this chapter:

     "Badly misshapen" means the stalk is so badly flattened, crooked or otherwise so badly deformed that its appearance is seriously affected.

     "Clean" means the asparagus is free from excessive dirt, dust, residue or foreign matter.

     "Damage" means any defect or combination of defects that materially detract from the appearance, edible quality or marketing quality of the stalk.

     "Department" means the Washington state department of agriculture (WSDA).

     "Diameter" means the greatest thickness of the stalk measured at a point approximately one inch from the butt.

     "Director" means the director of the Washington state department of agriculture or the director's designee.

     "Fairly uniform in length" means the stalks within a container must not vary in length more than one and one-half inches.

     "Fairly well trimmed" means that:

     (1) At least one-third of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container; and

     (2) The butt is not badly stringy or frayed.

     "Field container" means an open lug made of wood, plastic, or similar material that is repetitively used for field harvesting.

     "Fresh" means that the stalk is not limp or flabby.

     "Fresh asparagus" means asparagus marketed by lot for fresh consumption.

     "Green" means the portion of the stalk having green, purplish-green or greenish-purple color with purple at the tip.

     "Lot" means any number of containers of fresh asparagus offered as a unit for inspection, sale, or shipment.

     "Serious damage" means any defect or combination of defects that seriously detract from the appearance, edible quality or marketing quality of the stalk.

     "Shipment" means any number of containers of fresh asparagus transported from the production area by a single conveyance.

     "Well trimmed" means that:

     (1) At least two-thirds of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container; and

     (2) The butt is not stringy or frayed.

     "White" means the portion of the stalk near the butt that is white or light purple over white in color. The white is measured from the extreme tip of the butt to the point where the green color begins.

[Statutory Authority: Chapter 15.17 RCW. 85-07-028 (Order 1848), § 16-409-015, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-015, filed 3/1/83.]

     (6) Any lot of fresh asparagus, including "culls" marketed within the state of Washington, shall have not more than ten percent of stalks with white in excess of two inches, nor more than ten percent of stalks which are less than four-sixteenths inch in diameter.)) Any lot of fresh asparagus, including "culls," marketed within Washington state must have no more than ten percent of the stalks that:

     (1) Have white in excess of two inches; and

     (2) Are less than 4/16 inch in diameter.

[Statutory Authority: Chapter 15.17 RCW. 97-05-054 (Order 6015), § 16-409-020, filed 2/19/97, effective 3/22/97; 97-01-081 (Order 6008), § 16-409-020, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-020, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-020, filed 3/1/83; Order 795, Regulation 2(1), (2), effective 2/16/60.]

Washington Asparagus Grades:
Stalk Characteristics:		"Extra Fancy Grade Asparagus"	"Extra Fancy Grade Asparagus Tips"	"Fancy Grade Asparagus"	"Consumer Pack Asparagus"	"Culls"
Stalks must be:
(a)	Clean;	Yes	Yes	Yes	Yes	No
(b)	Fresh;	Yes	Yes	Yes	Yes	No
(c)	Fairly uniform in length;	Yes	Yes	Yes	Yes	No
(d)	Well trimmed;	Yes	Yes	No	No	No
(e)	Fairly well trimmed;	No	No	Yes	Yes	No
(f)	Fairly straight;	Yes	Yes	No	Yes	No
(g)	Not wilted;	Yes	Yes	Yes	Yes	No
(h)	Not badly misshapen;	No	No	Yes	No	No
(i)	Free from decay;	Yes	Yes	Yes	Yes	No
(j)	Free from damage caused by spreading or broken tips, dirt, disease, insects, or mechanical or other means;	Yes	Yes	Yes	Yes	No
(k)	At least eighty-five percent green in color;	Yes	No	Yes	Yes	No
(l)	All green.	No	Yes	No	No	No

     (2) "Culls" describes asparagus that:

     (a) Is not graded in conformity with Washington extra fancy, Washington extra fancy tips, Washington fancy, Washington consumer pack, or U.S. No. 1, or U.S. No. 2; and

     (b) Must not be marketed if more than ten percent by count of the stalks show white in excess of two inches.

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Washington Asparagus Grades	Stalks within individual containers must meet one of the following designated sizes:	Grade lots must be designated as:	Ninety percent, by count, of the stalks in any lot must conform to the diameters for such designations:
"Extra Fancy Grade Asparagus"	Jumbo	Washington extra fancy jumbo or Washington jumbo	Washington extra fancy jumbo or Washington jumbo must have stalks at least 13/16 inch in diameter.
	Large	Washington extra fancy large or Washington large	Washington extra fancy large or Washington large must have stalks at least 7/16 inch in diameter.
	Standard	Washington extra fancy standard or Washington standard	Washington extra fancy standard or Washington standard must have stalks at least 6/16 inch in diameter.
"Extra Fancy Grade Asparagus Tips"	Jumbo	Washington extra fancy tips jumbo	Washington extra fancy tips jumbo must be 13/16 inch in diameter or larger.
	Large	Washington extra fancy tips large	Washington extra fancy tips large must be 7/16 inch in diameter or larger.
	Standard	Washington extra fancy tips standard	Washington extra fancy tips standard must be 6/16 inch in diameter or larger.
	Small	Washington extra fancy tips small	Washington extra fancy tips small must have a diameter of at least 4/16 inch.
"Fancy Grade Asparagus"	Small	Minimum diameter; or Washington fancy small or Washington small	Washington fancy grade asparagus lots must be designated by minimum diameter: However, when at least ninety percent, by count, of the stalks in any lot are at least 4/16 inch in diameter, the lot may be designated as Washington fancy small or Washington small.
"Washington consumer pack"	N/A	Washington consumer pack	Washington consumer pack lots must be designated by minimum diameter and stalks must be at least 4/16 inch in diameter.
"U.S. No. 1 grade"	N/A	Minimum diameter; or	N/A
	Jumbo	Washington jumbo	U.S. No. 1 grade jumbo must have stalks at least 13/16 inch in diameter.
	Large	Washington large	U.S. No. 1 grade large must have stalks at least 7/16 inch in diameter.
	Standard	Washington standard	U.S. No. 1 grade standard must have stalks at least 6/16 inch in diameter.
"U.S. No. 2 grade"	N/A	Minimum diameter; or	N/A
	Small	Washington small	U.S. No. 2 grade small must have stalks at least 4/16 inch in diameter.

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     (2) The department's modifications to the U.S. standards are as follows:

     (a) U.S. No. 1 must be at least 6/16 inch in diameter and must meet or exceed Washington extra fancy grade requirements.

     (b) U.S. No. 2 must be at least 4/16 inch in diameter and must meet or exceed Washington fancy grade requirements.

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     (2) In order to allow for variations in diameter and length incident to proper sizing in the Washington extra fancy, Washington extra fancy tips, Washington fancy, and Washington consumer pack grades, the following tolerance is provided as specified: Ten percent, by count, for stalks failing to meet the required minimum and maximum diameter, and/or length, as defined under, "fairly uniform in length" and "size designations.")) The following table identifies and explains the tolerances adopted for Washington asparagus:

Washington Asparagus Grades to Which Tolerances Apply	Defect, color and trim tolerances adopted for Washington asparagus		Diameter and length tolerances adopted for Washington asparagus
Washington extra fancy Washington extra fancy tips Washington fancy Washington consumer pack	To allow for variations incident to proper grading and handling, the following tolerances are adopted:		To allow for variations in diameter and length incident to proper sizing, the following tolerances are adopted:
	(1)	Ten percent, by count, for stalks failing to meet grade requirements other than for trim and color, including no more than one percent for decayed stalks.	(1)	Ten percent, by count, for stalks failing to meet the required minimum and maximum diameter defined in WAC 16-409-015 ("fairly uniform in length").
	(2)	An additional ten percent, by count, for stalks having less than the required amount of green color.	(2)	Ten percent, by count, for stalks failing to meet the required length as established in WAC 16-409-022.
	(3)	An additional ten percent, by count, for stalks not meeting trim requirements.

[Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-030, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-030, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-030, filed 3/1/83; Order 795, Regulation 2(3), (4), effective 2/16/60.]

     (3) One decayed or otherwise defective stalk, one poorly trimmed stalk, one poorly colored, and one off-size stalk shall be permitted in any sample.)) (1) If the averages for an entire lot are within the tolerances specified in WAC 16-409-030, the limitations in this section, based upon sample inspections, apply to the contents of individual containers in the lot.

     (2) Individual containers:

     (a) May contain one decayed or otherwise defective stalk, one poorly trimmed stalk, one poorly colored, and one off-size stalk.

     (b) Must have no more than one and one-half times the tolerance specified when a tolerance is ten percent or more.

     (c) Must have no more than double the tolerance specified when a tolerance is less than ten percent.

[Statutory Authority: Chapter 15.17 RCW. 85-07-028 (Order 1848), § 16-409-035, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-035, filed 3/1/83.]

     (7) The director may allow the use of containers not specified in subsections (2), (3), (4), and (5) of this section, as experimental containers for the purpose of test or trial marketing.)) The following table identifies and explains the requirements that apply to the containers used to market fresh asparagus:

Asparagus Grades:		Container Requirements:
(1)	All fresh asparagus:	Must be marketed in containers that are clean and free from dirt, trash, and visible contaminates.
(2)	All fresh asparagus:	Must not be marketed in field containers.
(3)	For testing or trial marketing purposes, the director:	May allow the use of any experimental containers not specified in this table.
(4)	Washington extra fancy, Washington extra fancy tips, Washington fancy, U.S. No. 1, and U.S. No. 2 grades of fresh asparagus:	Must be marketed in containers with moisture pads.
(5)	Washington consumer pack grade of fresh asparagus:	Must be marketed either in:
		(a)	Pyramid type containers with moisture pads; or
		(b)	Fiberboard or wooden "western lug" containers with:
			(i)	Inside dimensions of approximately seven inches, by eleven and one-half inches, by eighteen inches; or
			(ii)	A capacity of thirteen hundred and fifty to fifteen hundred and fifty cubic inches.
			(iii)	Western lugs must contain at least twenty pounds net weight.
(6)	Culls;	Must be marketed in wooden pyramid containers with moisture pads.

[Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-065, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-065, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-065, filed 3/1/83.]

     (6) All required markings shall be placed on one end of the container, and may be duplicated on opposite end of container.)) (1) All required markings must be placed on one end of the container, but may be duplicated on the opposite end.

     (2) Containers must be conspicuously and legibly marked with the:

     (a) Name and address of the grower, packer, or distributor;

     (b) Grade;

     (c) Net weight; and

     (d) Size designation or diameter size as defined in WAC 16-409-024.

     (3) The grade and size designation required in subsection (2) of this section must be marked in letters at least 3/8 inch in height.

     (4) The following abbreviations of grade and size designation are acceptable:

     (a) Washington as Wash. or WA

     (b) Extra fancy as ex fcy or extra fcy

     (c) Fancy as fcy

     (d) Large as lge.

     (e) Standard as std.

     (5) The use of U.S. No. 1 or U.S. No. 2 grade markings is permissible subject to the requirements in WAC 16-409-026.

     (6) If culls are marketed:

     (a) The word "culls" must be:

     (i) Conspicuously and legibly marked in letters at least one inch in height; and

     (ii) Predominant in size over any other markings on the container.

     (b) They must be marketed only in wooden pyramid containers with moisture pads.

[Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-070, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-070, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-070, filed 3/1/83; Order 795, Regulation 3, effective 2/16/60.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-409-060	Washington standards -- Size designations.
WAC 16-409-075	Exemption.
WAC 16-409-085	Adoption of United States standards as Washington state standards.

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