WSR 09-01-094

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 16, 2008, 11:50 a.m. , effective January 16, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department amended chapter 16-442 WAC, Winter pears, by making changes that are necessary to update the chapter and increase its clarity. No substantive changes are made to chapter 16-442 WAC. The amendments are only to make the rule language clear and readable; pear standards are not changed.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-442-010, 16-442-130 and 16-442-140; and amending WAC 16-442-005, 16-442-020, 16-442-030, 16-442-040, 16-442-050, 16-442-060, 16-442-070, 16-442-080, 16-442-090, 16-442-100, 16-442-110, 16-442-120, 16-442-150, and 16-442-160.

Statutory Authority for Adoption: Chapter 15.17 RCW, Standards of grades and packs, specifically RCW 15.17.030 Enforcement -- Director's duties -- Rules and chapter 34.05 RCW, Administrative Procedure Act.

Adopted under notice filed as WSR 08-21-168 on October 22, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 14, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 14, Repealed 3.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 14, Repealed 3.

Date Adopted: December 16, 2008.

Robert W. Gore

Acting Director

OTS-1535.3


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-005   ((Application and when mandatory.)) Purpose.   (((1))) This ((order is applicable to)) chapter establishes standards for D'Anjou, Bosc, Winter ((Nelis)) Nellis and all other varieties of winter pears((; and

(2) Effective and mandatory when)) that are packed or marketed within the state of Washington.

[Order 322, effective 7/29/40.]


NEW SECTION
WAC 16-442-008   Adoption of United States standards for winter pears.   (1) In addition to the standards contained in this chapter, the Washington state department of agriculture adopts the United States Department of Agriculture United States Standards for Grades of Winter Pears, 7 CFR 51.1300 et seq., effective September 10, 1955.

(2) The department maintains a copy of this document for public inspection. The standards may be found on the internet at: http://www.ams.usda.gov/standards/pearswin.pdf.

[]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-020   Washington extra fancy or U.S. extra No. 1.   Washington extra fancy or U.S. extra No. 1 ((shall consist of)) are pears ((of one variety which)) that are mature (((1))), but not overripe (((2))), carefully ((handpicked (3))) picked, clean (((4))), well formed (((5))), free from decay, internal breakdown, scald, freezing injury, worm holes, black end (((6))), hard end, and drought spot((,)); and free from injury (((7))) caused by russeting (((7a))), limb rubs (((7b))), hail (((7c))), scars (((7c))), cork spot (((7d))), sunburn (((7e))), sprayburn (((7e))), stings or other insect injury (((7f))), or injury from mechanical or other means (((7), except that they shall)). Washington extra fancy or U.S. extra No. 1 pears must be free from damage (((9))) caused by bruises (((9b))), broken skins (((9c))), or disease (((9k))). (((See tolerances and condition after storage or transit.)))

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-030   U.S. No. 1.   U.S. No. 1 ((shall consist of)) are pears ((of one variety which)) that are mature (((1),)) but not overripe (((2))), carefully ((handpicked (3))) picked, clean (((4))), fairly well formed (((8))), free from decay, internal breakdown, scald, freezing injury, worm holes, black end (((6),)); and free from damage (((9))) caused by hard end (((9a))), bruises (((9b))), broken skins (((9c))), russeting (((9d))), ((limbrubs (9e))) limb rubs, hail (((9f))), scars (((9f))), cork spot (((9g))), drought spot (((9h))), sunburn (((9i))), sprayburn (((9i))), stings or other insect injury (((9j))), disease (((9k))), or damage from mechanical or other means (((9))). (((See tolerances and condition after storage or transit.)))

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-040   Washington fancy or U.S. No. 2.   Washington fancy or U.S. No. 2 ((shall consist of)) are pears ((of one variety which)) that are mature (((1),)) but not overripe (((2))), carefully ((handpicked (3))) picked, clean (((4))), not seriously misshapen (((10))), free from decay, internal breakdown, scald, freezing injury, worm holes, black end (((6),)); and free from damage (((9))) caused by hard end (((9a))), or broken skins (((9c))). The pears ((shall)) must also be free from serious damage (((11))), caused by bruises, russeting (((11a))), ((limbrubs (11b))) limb rubs, hail (((11c))), scars (((11c))), cork spot (((11d))), drought spot (((11e))), sunburn (((11f))), sprayburn (((11f))), stings or other insect injury (((11g))), disease (((11h))), or serious damage caused by mechanical or other means (((11))). (((See tolerances and condition after storage or transit.)))

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-050   Washington combination or U.S. combination grade.   A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a combination is packed, at least ((50)) fifty percent of the pears in any container ((shall)) must meet the requirements of U.S. No. 1. (((See tolerances and condition after storage or transit.)))

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-060   Washington commercial.   A combination of extra fancy and fancy may be packed together as "Washington commercial grade" when at least ((50)) fifty percent of the pears in any container meet the requirements of Washington extra fancy((,)) and the remainder meet the requirements of Washington fancy (((except that)). Broken skins or skin punctures not to exceed three-sixteenths of an inch in diameter ((shall not be)) are not considered a defect for this grade(())).

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 610, effective 8/21/51)

WAC 16-442-070   Washington third grade.   Washington third grade shall consist of pears ((of one variety which)) that are mature, ((hand)) carefully picked, clean, sound, not very seriously misshapen (((12))), free from black end, free from damage caused by hard end, broken skins, and from serious damage caused by cork spot or bruises.

[Order 610, effective 8/21/51.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-080   Culls.   Pears, which are not graded in conformity with the foregoing grades, must be designated as culls.

[Order 322, effective 7/29/40.]


NEW SECTION
WAC 16-442-082   Injury defects.   The following specific defects, or any combination of them when the combined seriousness exceeds the maximum allowed for any one defect, are considered injury to winter pears.

(1) Russeting: On any winter pear varieties, any amount of characteristic russeting is permitted, whether caused by natural or by artificial means. Leaf whips or light limb rubs that resemble and blend into russet areas are considered russet.

(a) Slightly rough russeting or thick russeting characteristic of frost injury is considered injury when the aggregate area exceeds one-half inch in diameter on Comice, Anjou, and other smooth-skinned varieties.

(b) Smooth solid russeting is considered injury when the aggregate area exceeds one-half inch in diameter on Anjou or other smooth-skinned varieties or when smooth netlike russeting exceeds fifteen percent of the pear's surface.

(c) Smooth solid or smooth netlike russeting is considered injury when the aggregate area exceeds one-third of the surface on Comice pears. On Anjou, Comice, and other smooth-skinned varieties, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(d) Rough or thick russeting, none allowed, except russeting characteristic of frost injury is considered damage when the aggregate area exceeds one-half inch in diameter for Bosc, Seckel, and other similar varieties.

(2) Limb rubs are considered injury when they are cracked or softened or more than very slightly depressed or not light in color or exceed an aggregate area of three-fourths inch in diameter.

(3) Hail marks or other similar depressions or scars are considered injury when they are not very shallow or superficial or when they affect an aggregate area of more than one-fourth inch in diameter.

(4) Cork spots are considered injury when a pear shows depressions or other external evidence of the disease.

(5) Sunburn or sprayburn is considered injury when the normal color of the pear has been materially changed or the skin is blistered or cracked or the flesh is softened or discolored.

(6) Insect stings are considered injury when there are more than two healed slight stings or depressions or the stings materially affect the general appearance of a pear.

(7) Blister mite or canker worm injury is considered injury when it is not shallow and superficial or when it affects an aggregate area of more than one-fourth inch in diameter.

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NEW SECTION
WAC 16-442-085   Damage defects.   The following specific defects or any combination of them, when the combined seriousness exceeds the maximum allowed for any one defect, are considered damage to winter pears:

(1) Russeting:

(a) Excessively rough russeting that shows "frogging" or slight cracking on all pear varieties when the russeting exceeds one-half inch in diameter and is excessively rough.

(b) Slightly rough or thick russeting that is characteristic of frost injury on Anjou and other smooth-skinned varieties when it exceeds three-fourths inch in diameter.

(c)(i) Smooth solid or smooth netlike russeting that exceeds one-third of the surface on Anjou pears or covers more than fifteen percent of the surface on other smooth-skinned varieties.

(ii) On Anjou and other smooth-skinned varieties, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(d)(i) Rough or thick russeting that is characteristic of frost injury when it exceeds three-fourths inch in diameter on Bosc, Seckel, and other similar varieties.

(ii) On Bosc, Seckel, and similar varieties, any amount of characteristic russeting is permitted, whether caused by natural or artificial means.

(iii) Light limb rubs that resemble and blend into russet areas are considered russet.

(2) Hard end pears are considered defects of all grades.

(3) Skin breaks when the pear has one skin break that is more than three-sixteenths inch in diameter or deeper than three-sixteenths inch or has more than one skin break that is at least one-eighth inch in diameter or at least one-eighth inch deep.

(a) Small inconspicuous skin breaks that are less than one-eighth inch in diameter or less than one-eighth inch deep are not considered damage.

(b) At a maximum, fifteen percent of the pears in any container may have no more than one skin break per pear ranging in size from one-eighth inch to three-sixteenths inch in diameter or depth.

(4) Limb rubs when they cause:

(a) Cracks, softening, or more than slight depressions; or

(b) Black discoloration that exceeds an aggregate area of three-eighths inch in diameter; or

(c) Dark brown discoloration or excessive roughness that exceeds an aggregate area of one-half inch in diameter; or

(d) A slightly rough, light colored discoloration that exceeds an aggregate area of three-fourths inch in diameter; or

(e) Smooth, light colored discoloration that exceeds an aggregate area of one inch in diameter.

(5) Hail marks or other similar depressions or scars that are not shallow or superficial or when they affect an aggregate area of more than three-eighths inch in diameter.

(6) Cork spot when more than one spot is externally visible or when the externally visible injury affects an aggregate area of more than three-eighths inch in diameter.

(7) Drought spot when there is more than one spot or the external injury exceeds an aggregate area of three-eighths inch in diameter or the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(8)(a) Sunburn or sprayburn when the skin is blistered, cracked, or shows any light tan or brownish color or the shape is appreciably flattened or the flesh is appreciably softened or changed in color.

(b) Sprayburn of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(9) Insect stings when there are more than two healed codling moth stings or a sting is over three thirty-seconds of an inch in diameter or when other insect stings affect the pear's appearance.

(10) Blister mite or canker worm injury that is not shallow or superficial or when it affects an aggregate area of more than three-eighths inch in diameter.

(11)(a) Scab spots when they are black and cover an aggregate area of more than one-eighth inch in diameter.

(b) Scab spots of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(12) Sooty blotch when it is thinly scattered over more than five percent of the pear's surface or when it appears as dark, heavily concentrated spots affecting an aggregate area of more than three-eighths inch in diameter.

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AMENDATORY SECTION(Amending Order 610, effective 8/21/51)

WAC 16-442-090   Definitions ((of terms)).   ((As used in these standards:

(1))) In addition to the definitions found in RCW 15.17.020, the following definitions apply to this chapter:

"Aggregate area" means areas under consideration on a pear's surface that may be combined into one circular area with a diameter equal to the maximum diameter specified for the particular blemish.

"Black end" means a blemish that is evidenced by an abnormally deep green color around the calyx; or black spots usually occurring on one-third of the surface nearest to the calyx; or by an abnormally shallow calyx cavity.

"Carefully picked" means the pears do not show evidence of rough handling or of having been on the ground.

"Clean" means a pear free from excessive dirt, dust, spray residue or other foreign material.

"Department" means the Washington state department of agriculture.

"Director" means the director of the department or the director's representative.

"Ground color" means green, light green, yellowish green, and yellow.

"Hard end" means the pear shows an abnormally yellow color at the blossom end; or has a smooth, rounded base with little or no depression at the calyx; or there is dry, tough or woody flesh near the calyx. Hard end pears are defects of all grades.

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

"Mature" means ((that)) the pear has reached the stage of maturity which will ((insure)) ensure the proper completion of the ripening process.

Before a mature pear becomes overripe, it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the state of the ripening process. A description of the ground color should also be given.

((The following terms should be used for describing the ground colors "green," "light green," "yellowish green," and "yellow."))

The following terms should be used for describing the firmness of pears:

"Hard" means ((that)) the flesh of the pear is solid and does not yield appreciably even to considerable pressure. ((Such)) Hard pears are in suitable condition for long storage periods for the variety((;)).

"Firm" means ((that)) the flesh of the pear is fairly solid but yields somewhat to moderate pressure. The ripening process in firm pears is further advanced than in hard pears and they cannot be held in storage as long. Winter varieties at the firm stage may be held longer than the early varieties((;)).

"Firm ripe" means ((that)) the flesh of the pear yields readily to moderate pressure. ((Such)) A firm ripe pear is approaching the stage at which it is in prime eating condition but may be held for a brief period, although winter varieties can be held longer than the early varieties((;)).

"Ripe" means ((that)) the pear is at the stage where it is in its most desirable condition for eating.

(((2))) "Overripe" means the pear is dead ripe, very mealy ((or)), soft, ((past)) and has no commercial ((utility;)) value.

(((3) "Carefully handpicked" means that the pears do not show evidence of rough handling or of having been on the ground;

(4) "Clean" means free from excessive dirt, dust, spray residue or other foreign material;

(5) "Well formed" means having the shape characteristic of the variety. Slight irregularities of shape from type which do not appreciably detract from the general appearance of the fruit shall be considered well formed;

(6) "Black end" is evidenced by an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity;

(7) "Injury" means any blemish or defect that more than slightly affects the appearance, edible or shipping quality. The following shall be considered as injury:

(7a) Russeting which exceeds the following shall be considered as injury:

On all varieties any excessively rough russeting (russeting which shows "frogging" or slight cracking).

On Comice, and on Anjou and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds 1/2 inch in diameter;

On Anjou and other smooth-skinned varieties, smooth solid russeting when the aggregate area exceeds 1/2 inch in diameter and smooth netlike russeting when the aggregate area exceeds 15 percent of the surface, and on Comice, smooth solid or smooth netlike russeting when the aggregate area exceeds one-third of the surface, except that, in addition, on these and similar varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx and not visible for more than 1/2 inch along the contour of the pear, when it is placed calyx end down on a flat surface;

On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury when the aggregate area exceeds 1/2 inch in diameter. On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limb rubs which resemble and blend into russeted areas shall be considered as russet:


((Bosc Pound
Clairgeau Seckel
Easter Beurre Sheldon
Kieffer

P. Barry

Winter Nelis, and other similar varieties;))

Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as injury:

(7b) Limbrubs which are cracked, softened, more than very slightly depressed, not light in color, or exceeding an aggregate area of 3/4 inch in diameter;

(7c) Hail marks or other similar depressions or scars which are not very shallow or superficial, or which affect an aggregate area of more than 1/4 inch in diameter;

(7d) Cork spot when a pear shows depressions or other external evidence of the disease;

(7e) Sunburn or sprayburn if the normal color of the fruit has been materially changed, or if the skin is blistered or cracked, or the flesh softened or discolored;

(7f) More than two healed slight stings or depressions, or any stings which materially affect the general appearance of the fruit.

Blister mite or canker worm injury which is not very shallow and superficial or where the injury affects an aggregate area or more than 1/4 inch;

(8) "Fairly well formed" means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. Winter Nelis pears with characteristic slight sutures or with slight flattening on one side and/or other slight irregularities which do not materially detract from the general appearance of the pear shall be considered fairly well formed;

(9) "Damage" means any injury or defect which materially affects the appearance, edible or shipping quality;

(9a) Hard end, if the pear shows an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, or if the flesh near the calyx is abnormally dry and tough or woody;

(9b) Slight handling bruises and package bruises such as are incident to good commercial handling in the preparation of a tight pack shall not be considered damage;

(9c) Any pear with one skin break larger than 3/16 inch in diameter or depth, or with more than one skin break 1/8 inch or larger in diameter or depth, shall be considered damaged, and scored against the grade tolerance.

Small inconspicuous skin breaks, less than 1/8 inch in diameter or depth, shall not be considered damage. In addition, not more than 15 percent of the pears in any container may have not more than one skin break from 1/8 inch to 3/16 inch inclusive in diameter or depth;

(9d) Russeting which exceeds the following shall be considered as damage:

On all varieties excessively rough russeting (russeting which shows "frogging" or slight cracking) when the aggregate area exceeds 1/2 inch in diameter;

On Anjou and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds 3/4 inch in diameter;

On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds one-third of the surface, and on other smooth-skinned varieties, 15 percent of the surface, except that, in addition, on Anjou and other smooth-skinned varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than 1/2 inch along the contour of the pear, when it is placed calyx end down on the flat surface;

On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds 3/4 inch in diameter; on any of these varieties any amount of characteristic russeting is permitted, whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limb rubs which resemble and blend into russeted areas shall be considered as russet:


((Bosc Pound
Clairgeau Seckel
Comice Sheldon
Easter Beurre

Kieffer

Winter Nelis, and other similar varieties;
P. Barry))

Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage:

(9e) Any limbrubs which are cracked, softened, or more than slightly depressed.

Black discoloration caused by limb rubs which exceeds an aggregate area of 3/8 inch in diameter.

Dark brown discoloration or excessive roughness caused by limb rubs which exceeds an aggregate area of 1/2 inch in diameter.

Slightly rough, light colored discoloration caused by limb rubs which exceeds an aggregate area of 3/4 inch in diameter.

Smooth, light colored discoloration caused by limb rubs which exceeds an aggregate area of 1 inch in diameter;

(9f) Hail marks or other similar depressions or scars which are not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter;

(9g) Cork spot, when more than one in number visible externally, or when the visible external injury affects an area of more than 3/8 inch in diameter;

(9h) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of 3/8 inch in diameter, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration;

(9i) Sunburn or sprayburn where the skin is blistered, cracked, or shows any light tan or brownish color, or the shape of the pear is appreciably flattened, or the flesh is appreciably softened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting (9d);

(9j) Insects.

More than two healed codling moth stings, or any insect sting which is over 3/32 of an inch in diameter, or other insect stings affecting the appearance to an equal extent.

Blister mite or canker worm injury which is not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter;

(9k) Disease.

Scab spots which are black and which cover an aggregate area of more than 1/8 inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting (9d).

Sooty blotch which is thinly scattered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than 3/8 inch in diameter;

(10) "Seriously misshapen" means that the pear is excessively flattened or elongated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected;

(11) "Serious damage" means any injury or defect which seriously affects the appearance, edible or shipping quality:

(11a) Russeting which in the aggregate exceeds the following shall be considered as serious damage:

On all varieties, excessively rough russeting (russeting which shows "frogging" or slight cracking) when the aggregate area exceeds 3/4 inch in diameter;

On all varieties, thick russeting such as is characteristic of frost injury, 15 percent of the surface;

On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds two-thirds of the surface, except that, in addition, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than 1/2 inch along the contour of the pear, when it is placed calyx end down on a flat surface;

Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as serious damage:

(11b) Limb rubs which are more than slightly cracked, or excessively rough limb rubs or dark brown or black discoloration caused by limb rubs which exceeds an aggregate area of 3/4 inch in diameter;

Other limb rubs which affect an aggregate area of more than one-tenth of the surface;

(11c) Hail marks or other similar depressions or scars which affect an aggregate area of more than 3/4 inch in diameter, or which materially deform or disfigure the fruit;

(11d) Cork spot, when more than two in number visible externally, or when the visible external injury affects an aggregate area of more than 1/2 inch in diameter;

(11e) Drought spot when more than two in number, or where the external injury affects an aggregate area of more than 3/4 inch in diameter, or when the appearance of the flesh is seriously affected by corky tissue or brownish discoloration;

(11f) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting (11a);

(11g) Insects:

Worm holes.

More than three healed codling moth stings, of which not more than two may be over 3/32 inch in diameter, or other insect stings affecting the appearance to an equal extent.

Blister mite or canker worm injury which affects an aggregate area of more than 3/4 inch in diameter or which materially deforms or disfigures the fruit;

(11h) Disease:

Scab spots which are black, and which cover an aggregate area of more than 1/4 inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting (11a);

Sooty blotch which is thinly scattered over more than 15 percent of the surface, or dark heavily concentrated spots which affect an area of more than 3/4 inch in diameter;

(12) Very seriously misshapen means that the pear is excessively flattened, elongated for variety, or is constricted or deformed so it will not cut one good half or two fairly uniform quarters.)) "Shape." The following terms define the shapes of winter pears:

"Well formed" means pear is considered well formed when its shape is characteristic of the variety. Pears with slight irregularities of shape that do not appreciably detract from the general appearance of the fruit are considered well formed.

"Fairly well formed" means a pear is considered fairly well formed when its shape is slightly abnormal, but not to an extent that it materially detracts from the appearance of the fruit. Winter Nellis pears with characteristic slight sutures or with slight flattening on one side and/or slight irregularities that do not materially detract from the general appearance of the pear are considered fairly well formed.

"Seriously misshapen" means the pear is excessively flattened or elongated for the variety or constricted or deformed so that it cannot be cut into three fairly uniform good quarters or is so badly misshapen that the appearance is seriously affected.

"Very seriously misshapen" means the pear is excessively flattened or elongated for the variety or is constricted or deformed so that it cannot be cut into one good half or two fairly uniform quarters.

"Size" means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

"Sound" means pears, at the time of packing, are free from visible defects such as decay, breakdown, scald, bitter pit, or free from physical injury affecting keeping quality.

[Order 610, effective 8/21/51; Order 322, effective 7/29/40.]


NEW SECTION
WAC 16-442-095   Serious damage.   The following defects, or any combination of them when the combined seriousness exceeds the maximum allowed for any one defect, are considered serious damage to winter pears:

(1) Russeting:

(a) Excessively rough russeting that shows "frogging" or slight cracking and exceeds three-fourths inch in diameter on all winter pear varieties.

(b) Thick russeting characteristic of frost injury that covers fifteen percent of the pear's surface on all varieties.

(c)(i) Smooth solid or smooth netlike russeting that exceeds two-thirds of the surface of Anjou pears.

(ii) On Anjou, any amount of characteristic smooth russeting is permitted on the portion of the calyx end that is invisible for more than one-half inch along the contour of the pear when the pear is placed calyx end down on a flat surface.

(2) Limb rubs when they are:

(a) More than slightly cracked or excessively rough; or

(b) Dark brown or black in color and exceed an aggregate area of three-fourths inch in diameter.

(c) Other limb rubs when they exceed an aggregate area of one-tenth of the surface of the pear.

(3) Hail marks or other similar depressions or scars when they affect an aggregate area of more than three-fourths inch in diameter or materially deform or disfigure the pear.

(4) Cork spot when more than two spots are externally visible or the externally visible injury affects an aggregate area of more than one-half inch in diameter.

(5) Drought spot when:

(a) There are more than two or the external injury affects an aggregate area of more than three-fourths inch in diameter; or

(b) The appearance of the flesh is seriously affected by corky tissue or brownish discoloration.

(6)(a) Sunburn or sprayburn when the skin is blistered, cracked, or shows any brownish color or the shape is materially flattened or the flesh is softened or materially changed in color.

(b) Sprayburn of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(7) Worm holes when any worm holes are evident.

(8) Insect stings when there are more than three healed codling moth stings, of which not more than two may be over three thirty-seconds inch in diameter or when other insect stings affect the pear's appearance.

(9) Blister mite or canker worm injury when it affects an aggregate area of more than three-fourths inch in diameter or materially deforms or disfigures the pear.

(10)(a) Scab spots when they are black and cover an aggregate area of more than one-fourth inch in diameter.

(b) Scab spots of a russet character must be considered under the definition of russeting in subsection (1) of this section.

(11) Sooty blotch when it is thinly scattered over more than fifteen percent of the surface of the pear or appears as dark, heavily concentrated spots affecting an aggregate area of more than three-fourths inch in diameter.

[]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-100   Tolerances ((for preceding grades)) for winter pears.   (1) ((In order to allow for variations incident to proper grading and handling, not)) (a) For all grades, no more than ((a total of 10)) ten percent of the pears in any container may be below the grade requirements ((of grade, provided that not)) of this chapter, including no more than ((5)) five percent ((shall)) may be seriously damaged by insects, and not more than ((1)) one percent ((shall)) may be allowed for decay or internal breakdown.

(b) No more than five percent of the pears in any container may be out of compliance with the size requirements of this chapter, except when both maximum and minimum sizes are stated on the container.

(c) When both maximum and minimum sizes are stated on the container, an additional ten percent tolerance is allowed for pears that are larger than the maximum stated size.

(d) No more than ten percent of the containers in any lot may be out of compliance with the packing requirements of this chapter.

(2) When applying the ((foregoing)) tolerances in subsection (1) of this section to the U.S. combination grade ((no part of any)), tolerances ((shall)) may not be used to reduce the percentage of U.S. No. 1 pears required in the combination((; but)). However, if the entire lot averages within the specified percentage, individual containers may ((have not more than 10)) contain up to ten percent less than the percentage of U.S. No. 1 pears required((, provided that the entire lot averages within the percentage specified)).

(3) The tolerances for the standards are on a container basis. However, individual packages in any lot may vary from the specified tolerances if the averages for the entire lot, based on sample inspection, are within the tolerances specified.

(a) For a tolerance of ten percent or more, individual packages in any lot may contain not more than one and one-half times the tolerance specified. When the package contains fifteen specimens or less, individual packages may contain not more than double the tolerance specified.

(b) For a tolerance of less than ten percent, individual packages in any lot may contain not more than double the tolerance specified. At least one specimen that does not meet the requirements is allowed in any one package.

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-110   Condition after storage or transit.   Decay, scald or other deterioration, which may have developed on pears after they have been in storage or transit, shall be considered as affecting condition and not the grade.

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-120   Standard pack.   (1) ((Sizing. The numerical count, or the minimum size of the pears packed in closed containers shall be indicated on the package. The number of pears in the box shall not vary more than 3 from the number indicated on the box.

(2) When the numerical count is marked on western standard or special pear boxes the pears shall not vary more than 3/8 inch in their transverse diameter for counts 120 or less; 1/4 inch for counts 135 to 180 inclusive; and 3/16 inch for counts 193 or more.

(3) When the numerical count is marked on western standard half boxes or special half boxes packed three tiers deep, the pears shall not vary more than 1/4 inch for counts 90 or less, and 3/16 inch for counts 100 or more.

(4) When the numerical count is marked on western standard half boxes or special half boxes packed two tiers deep, the pears shall not vary more than 3/8 inch for counts 50 or less; 1/4 inch for counts 55 to 60 inclusive; and 3/16 inch for counts 65 or more.

(5) When the numerical count is not shown, the minimum size shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 2-1/2 inches minimum, 2-1/4 inches minimum, or 2-5/8 inches minimum, in accordance with the facts. It is suggested that both minimum and maximum sizes be marked on the container, as 2-1/4 to 2-3/4 inches, 2-1/2 to 2-3/4 inches, as such marking is especially desirable for pears marketed in the export trade.

(6) "Size" means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

(7) Packing. Each package shall be packed so that the pears in the shown face shall be reasonably representative in size and quality of the contents of the package.

(8) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unnecessary bruising because of overfilled packages.

(9) Pears packed in boxes shall be arranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped each pear shall be fairly well enclosed by its individual wrapper.

(10) Pears packed in round stave bushel baskets, tubs or in barrels shall be ring faced.)) Except when jumbled, all packed pears must be arranged in clean cartons according to industry approved and recognized methods.

(2) When packed, pears in any container must be tightly packed and all packages must be well filled. The pears must not show excessive or unnecessary bruising because of overfilling. Any wrapped pear must be well wrapped.

(3) The pears in the top layer of each package must be reasonably representative of the size and quality of the pears in the package.

(4) When the numerical count is marked on the container, percentages must be calculated on the basis of count.

(5) When the minimum diameter or minimum and maximum diameters are marked on the container, percentages must be calculated on the basis of weight or an equivalent basis.

(6) When the pears are in bulk, percentages must be calculated on the basis of weight or an equivalent basis.

(7) The numerical count or the minimum size of the pears packed in closed containers must be indicated on the container. The number of pears in a carton must not vary more than three from the number indicated on the carton.

(8) When the numerical count is not shown, the minimum size must be plainly stamped, stenciled or otherwise marked on the container in terms of:

(a) Whole inches (such as 2 inches);

(b) Whole and half inches (2 1/2 inches);

(c) Whole and quarter inches (2 1/4 inches); or

(d) Whole and eighth inches (2 3/8 inches).

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-150   Container marking ((boxes)) requirements.   (1) When pears are shipped, the ((box shall)) container must bear the:

(a) Correct name of the variety((,)) or marked "variety unknown," or, when more than one variety and/or commodity is in the container, the name of each variety and/or commodity;

(b) The name and address of the grower, packer, or shipper((, and his address,)); and

(c) The grade and the number of pears or the net contents either in terms of dry measure or weight. ((Any of these marks may be printed on the label but in case they are not, they must be stamped on the end of the box. The grower's, packer's or shipper's name and address, if not included on the label, must be placed either in line with the grade marks above the label or on the opposite end of the box.))

(2) ((When boxes are marked as to number, they shall comply with the specifications mentioned under size.)) Consumer packages and jumbled packs must be marked with minimum diameter. Count may be used if pears can be readily counted.

(3) Any marking requirements of subsections (1) and (2) of this section may be printed on the container label, but if they are not, they must be shown on the principal display panel.

[Order 322, effective 7/29/40.]


AMENDATORY SECTION(Amending Order 322, effective 7/29/40)

WAC 16-442-160   Other grades and brands.   (1) Any person, firm, or organization wishing to pack pears under ((any other)) a grade or brand ((than those described in the foregoing rules shall)) not covered by this chapter, must file with the director a certified copy of the description of ((such)) the private grade or brand ((with the director of agriculture at Olympia, Washington,)) before the first day of August of the year in which the pears ((so to be packed)) are grown.

(2) If ((such)) the director approves the private grade or brand ((is approved by the director of agriculture)), pears may be packed under ((such)) the private grade or brand instead of the official state grading rules((, and)). All boxes of pears ((so)) packed ((shall)) under the private grade or brand must be marked with that grade or brand.

[Order 322, effective 7/29/40.]


NEW SECTION


The following section of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
16-442-090 16-442-006

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-442-010 Introduction.
WAC 16-442-130 Tolerances for standard pack.
WAC 16-442-140 Box packs.

Washington State Code Reviser's Office