Purpose: This rule-making order adopts an amendment correcting an error of omission in WAC 16-414-155. The department adopted rewritten cherry standards (chapter 16-414 WAC, Washington standards for cherries) on May 25, 2005 (WSR 05-12-037). The chapter was rewritten and reformatted so it was easier to understand and use. No requirements were changed. During the rewrite, the word "damage" was inadvertently omitted from the section title for WAC 16-414-155. The correct title should read: "What specific defects are considered serious damage to Washington standards for sulphured cherries?" The word "damage" was also inadvertently omitted from the first sentence of the section. The corrected sentence should read: "The defects listed in the following table are considered serious damage." The purpose of this filing is to permanently add the omitted word "damage" to WAC 16-414-155 where appropriate. This housekeeping amendment is necessary to eliminate any ambiguity and confusion in the mind of someone reading WAC 16-414-155.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-414-155.

     Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

      Adopted under notice filed as WSR 05-16-116 on August 3, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: October 4, 2005.

Valoria H. Loveland

Director

OTS-8247.1

AMENDATORY SECTION(Amending WSR 05-12-037, filed 5/25/05, effective 6/25/05)

WAC 16-414-155   What specific defects are considered serious damage to Washington standards for sulphured cherries?   The defects listed in the following table are considered serious damage:

DEFECT	DESCRIPTION
(1) Deformed cherry or double cherry	Any deformed sulphured cherry or double sulphured cherry is considered serious damage.
(2) Mechanical injury	Mechanical injury to Washington No. 2 whole cherries is considered serious damage if it causes any:
	•	Open pitter holes;
	•	Pitter hole where there is a serious loss of flesh;
	•	Pitter tears; or
	•	Other mechanical injury that seriously affects the cherry's appearance.
(3) Mechanical injury	Mechanical injury to Washington No. 2 halved cherries is considered serious damage if it causes any:
	•	Open pitter holes;
	•	Pitter hole where there is a serious loss of flesh;
	•	Pitter tears; or
	•	Other mechanical injury that seriously affects the cherry's appearance.
(4) Surface discoloration	Surface discoloration is considered serious damage when any:
	•	Light surface discoloration exceeds, in the aggregate, 1/2 of the cherry's surface; or
	•	Dark surface discoloration exceeds, in the aggregate, 1/8 of the cherry's surface.
(5) Rain cracks	Rain cracks on Washington No. 2 whole cherries are considered serious damage if:
	•	In the stem basin and more than 1/2 inch in length; or
	•	Outside the stem basin and more than 3/8 of an inch in length, measured on the circumference.
(6) Rain cracks	Rain cracks on Washington No. 2 halved cherries are considered serious damage if:
	•	In the stem basin and more than 1/4 inch in length; or
	•	Outside the stem basin more than 3/16 of an inch in length, measured on the circumference.
(7) Blemished	Any blemish or combination of blemishes are considered serious damage if they seriously:
	•	Affect the appearance of the cherry; or
	•	Discolor the flesh of the cherry.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-12-037, § 16-414-155, filed 5/25/05, effective 6/25/05.]

© Washington State Code Reviser's Office