WSR 15-07-096
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed March 17, 2015, 4:03 p.m.]
Title of Rule and Other Identifying Information: Chapter 16-409 WAC, Washington standards for asparagus.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Norman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, AND RECEIVED BY May 19, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the request for the changes to chapter 16-409 WAC, Washington standards for asparagus, is to correct an error in the standards from a previous update. The error occurred in WAC 16-409-020 which indicates that Washington fancy asparagus be "free from damage caused by spreading or broken tips, dirt, disease, insects or mechanical or other means." The correct scoring guide should be "free from serious damage caused by spreading or broken tips, dirt, disease, insects or mechanical or other means." WSDA inspection service has been applying the correct scoring guide while inspecting asparagus.
Also, in WAC 16-409-026 the references to the United States standards for asparagus were omitted. The correction in this section will include the reference for U.S. No. 1 as 7 C.F.R. 51.3720 and U.S. No. 2 as 7 C.F.R. 51.3721.
Reasons Supporting Proposal: Current rule contains inaccurate information. Proposed changes will bring the rule in alignment with United States standards for asparagus.
Statutory Authority for Adoption: RCW 15.17.030, 15.17.050, and chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.17 RCW.
Rule is necessary because of a federal law, 7 C.F.R. 51.3720 and 3721.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting: Chuck Dragoo, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 249-6910; Implementation: Jim Nelson, 270 9th Street N.E., Suite 101-A, Wenatchee, WA 98802, (509) 662-6161; and Enforcement: Jeff Sterbenz, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 249-6900.
March 17, 2015
Brad J. Avy
Assistant Director
AMENDATORY SECTION (Amending WSR 07-06-047, filed 3/1/07, effective 4/1/07)
WAC 16-409-022 Asparagus grades.
(1) The following table identifies and describes the asparagus grades used in Washington state:
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))
See subsection (3) of this section
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.
(3) "Fancy grade asparagus" is free from serious damage caused by spreading or broken tips, dirt, disease, insects or mechanical or other means.
AMENDATORY SECTION (Amending WSR 07-06-047, filed 3/1/07, effective 4/1/07)
WAC 16-409-026 Adoption of U.S. standards for fresh asparagus as Washington state standards.
(1) In addition to the Washington state fresh asparagus standards contained in this chapter, the Washington state department of agriculture has adopted, as Washington state standards, modified United States fresh asparagus standards for U.S. grades No. 1 and No. 2 as specified under the United States Department of Agriculture, Agricultural Marketing Service, United States Standards for Grades of Fresh Asparagus, Secs. 51.3720 to 51.3732; effective February 23, 2006.
(2) The department's modifications to the U.S. standards are as follows:
(a) U.S. No. 1 must meet or exceed Washington extra fancy grade requirements.
(b) U.S. No. 2 must meet or exceed Washington fancy grade requirements.