WSR 15-12-015
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed May 21, 2015, 3:32 p.m., effective June 21, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To correct errors contained in the existing standards for asparagus, chapter 16-409 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 16-409-022 and 16-409-026.
Statutory Authority for Adoption: RCW 15.17.030, 15.17.050.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 15-07-096 on March 17, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 21, 2015.
Kirk Robinson
Acting Deputy 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.