WSR 18-07-113
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed March 21, 2018, 10:42 a.m.]
Title of Rule and Other Identifying Information: Chapter 16-403 WAC, Standards for apples marketed within the state of Washington.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 16-403-155 and 16-403-175 were repealed in 2017. The department is proposing to correct or remove references to these sections. In addition, errors were found in the color requirements in WAC 16-403-064 pertaining to the Spartan variety. The color requirements are listed twice, once with the correct color standards and a second time with incorrect color standards. The department is proposing to remove the incorrect color standards for the Spartan variety to ensure the correct color requirements are being followed for this variety.
Reasons Supporting Proposal: The Washington state department of agriculture (WSDA) fruit and vegetable inspectors and apple shippers rely on correct references and standards in chapter 16-403 WAC in order to correctly identify standards for apples marketed within the state of Washington. Having incorrect references and standards creates confusion.
Statutory Authority for Adoption: RCW 15.17.030 and chapter 34.05 RCW.
Statute Being Implemented: RCW 15.17.050 and [15.17].060.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSDA, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1960; Implementation and Enforcement: Jim Nelson, 270 9th Street N.E., Suite 101-A, East Wenatchee, WA 98802, 509-662-6161.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The agency believes the expedited rule-making process is appropriate because the proposed action only corrects typographical errors without changing the effect of the rule per RCW 34.05.353 (1)(c).
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 Henri Gonzales, Agency Rules Coordinator, WSDA, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email wsdarulescomments@agr.wa.gov, AND RECEIVED BY May 21, 2018.
March 21, 2018
Jason Ferrante
Assistant Director
AMENDATORY SECTION (Amending WSR 17-03-002, filed 1/4/17, effective 2/4/17)
WAC 16-403-064 Color requirements.
(1) Faded brown stripes may not be considered as color.
(2) The color requirements for any variety may not be less than those required under the United States standards for the varieties and the respective variety grades of apples under 7 C.F.R. Sec. 51.305 (effective December 19, 2002), which color standards are incorporated by reference.
(3) Solid red varieties: The color percentage requirement stated below refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety. However, an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.
Color shade percentages for solid red varieties.  
Variety
Extra Fancy Good Shade Percent
Extra Fancy Lighter Shade Percent
Fancy Good Shade Percent
Fancy Lighter Shade Percent
Beacon
33 1/3
33 1/3
15
15
Empire
50
66
33
40
Idared
66
66
40
40
((Spartan
50
66
33
40))
Jonathan
50
66
33
40
Melrose
66
66
40
40
Red Delicious
66
66
40
40
Red Rome
66
66
40
40
Spartan
((66)) 50
66
((40)) 33
40
Winesap
66
66
40
40
Other similar varieties
50
66
33
40
Red sport varieties
66
66
40
40
(4) Striped red varieties:
The percentage stated refers to the area of the surface in which stripes of a good shade of red characteristic of the variety predominate over stripes of lighter red, green or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.
Color requirements for striped or partial red varieties.
Variety
Extra Fancy Good Shade Percent
Extra Fancy Lighter Shade Percent
Fancy Good Shade Percent
Fancy Lighter Shade Percent
Akane
33 1/3
33 1/3
15
15
Cameo
33 1/3
33 1/3
15
15
Cortland
50
50
33
33
Delicious
50
50
25
25
Red Fuji
50
50
33
33
Red Gala
50
50
33
33
Honeycrisp
33 1/3
33 1/3
15
15
Jonamac
50
50
33
33
Liberty
33 1/3
33 1/3
15
15
Early McIntosh
33 1/3
33 1/3
15
15
McIntosh
35
50
15
33
Nittany
25
25
10
10
Rome
35
50
15
33
Rome Beauty
50
50
33
33
Starkrimson
33 1/3
33 1/3
15
15
Stayman
50
50
33
33
Tydeman Red
33 1/3
33 1/3
15
15
Winesap
50
50
25
25
York
50
50
33
33
Other similar varieties
50
50
25
25
(5) Red cheeked or blushed varieties.
(a) Blush cheek means at least ten percent of the surface has blush color characteristic of the variety.
(b) Tinge of color means the apples has any amount of the surface area of blush type color which predominates over the background color of the apple.
(c) Color requirements for red cheeked or blushed varieties:
Variety
Extra Fancy Percent
Fancy Percent
Ambrosia
Blush cheek
Tinge of color
Arlet or Swiss Gourmet
Blush cheek
Tinge of color
Braeburn
Blush cheek
Tinge of color
Envy
Blush cheek
Tinge of color
Elstar
Blush cheek
Tinge of color
Fuji
Blush cheek
Tinge of color
Gala
Blush cheek
Tinge of color
Gala Supreme
Blush cheek
Tinge of color
Royal Gala
Blush cheek
Tinge of color
Blushing Golden Delicious
Blush cheek
Tinge of color
Jazz
Blush cheek
Tinge of color
Jonagold
Blush cheek
Tinge of color
Lady Alice
Blush cheek
Tinge of color
Molleys Delicious
Blush cheek
Tinge of color
Pacific Rose
Blush cheek
Tinge of color
Pinata
Blush cheek
Tinge of color
Pomona
Blush cheek
Tinge of color
Sonata
Blush cheek
Tinge of color
Sonya
Blush cheek
Tinge of color
Swiss Gourmet or Arlet
Blush cheek
Tinge of color
Other similar varieties
Blush cheek
Tinge of color
AMENDATORY SECTION (Amending WSR 06-12-117, filed 6/7/06, effective 7/8/06)
WAC 16-403-145 Red, partial red or blushed varieties—Washington extra fancy.
Washington extra fancy consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth net-like russeting, sunburn or spray-burn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, Jonathan spot, bitter pit and free from damage by invisible watercore after January 31st of the year following the year of production: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC ((16-403-155)) 16-403-064 for the variety.
AMENDATORY SECTION (Amending WSR 06-12-117, filed 6/7/06, effective 7/8/06)
WAC 16-403-150 Red, partial red or blushed varieties—Washington fancy.
Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises, except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC ((16-403-155)) 16-403-064 for the variety.
AMENDATORY SECTION (Amending WSR 06-12-117, filed 6/7/06, effective 7/8/06)
WAC 16-403-160 Green or yellow varieties—Washington extra fancy.
Washington extra fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from slightly rough or rough russeting, provided, russeting other than rough or bark-like russeting materially affecting the appearance of the apple shall be permitted in the stem cavity or calyx basin if it cannot be seen when the apple is placed stem end or calyx end down on a flat surface. The apples are also free from injury caused by smooth net-like russeting, smooth solid russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, stem or calyx cracks, or other means; and free from damage by Jonathan spot, bitter pit and by invisible watercore after January 31st of the year following the year of production. ((Each apple of this grade has the amount of color specified in WAC 16-403-175 for the variety.))
AMENDATORY SECTION (Amending WSR 06-12-117, filed 6/7/06, effective 7/8/06)
WAC 16-403-165 Green or yellow varieties—Washington fancy.
Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means. ((Each apple of this grade has the amount of color specified in WAC 16-403-175 for the variety.))
AMENDATORY SECTION (Amending WSR 06-12-117, filed 6/7/06, effective 7/8/06)
WAC 16-403-170 Green or yellow varieties—Washington C grade.
The requirements of this grade are the same as for Washington fancy except for ((color,)) russeting and invisible watercore. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for Washington fancy as defined under the definitions of "damage by russeting," except the aggregate area of an apple which may be covered by smooth net-like russeting shall not exceed 25 percent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 percent: Provided, That in the case of the Yellow Newtown, Granny Smith or similar varieties the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent; and the aggregate area of an apple which may be covered with excessively rough or barklike russeting or limb rubs shall not exceed the area of a circle three-fourths of an inch in diameter. ((Each apple of this grade has the amount of color specified in WAC 16-403-175 for the variety.)) There is no requirement in this grade pertaining to invisible watercore.