WSR 24-22-028
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 28, 2024, 7:10 a.m., effective November 28, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-104 WAC, Shell eggs—Standards, grades, and weight classes, by clarifying current rule language by replacing all gender-specific pronouns with modern gender-inclusive pronouns.
Citation of Rules Affected by this Order: Amending WAC 16-104-200.
Adopted under notice filed as WSR 24-17-090 on August 19, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 25, 2024.
Derek I. Sandison
Director
OTS-5735.1
AMENDATORY SECTION(Amending WSR 87-16-075, filed 8/4/87)
WAC 16-104-200Grades.
(1) Washington consumer grade AA (at origin) shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality, not more than ((1))one percent may be B quality due to air cells over 3/4 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than ((5))five percent (((7))seven percent for jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
(2) Washington consumer grade AA (destination) shall consist of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least 10 percent A quality, and the remainder shall be B quality, except that within the tolerance for B quality not more than ((1))one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than ((7))seven percent (((9))nine percent for jumbo size) checks are permitted and not more than 1 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
(a) Washington consumer grade A (A) Washington consumer grade A (at origin) shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than ((1))one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than ((5))five percent (((7))seven percent for jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may exceed 0.30 percent. Other types of loss are not permitted.
(b) Washington consumer grade A (destination) shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than ((1))one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than ((7))seven percent (((9))nine percent for jumbo size) checks are permitted and not more than ((1))one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
(3) Washington consumer grade B.
(a) Washington consumer grade B (at origin) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks, and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
(b) Washington consumer grade B (destination) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks and not more than ((1))one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
"Exemption." A licensed wholesale shell egg dealer may sell a consumer grade check on the premises where ((he packages))they package eggs, directly to household consumers for use by such consumer and members of ((his))their household and ((his))their nonpaying guests and employees. This consumer grade check shall consist of eggs which at least 99 percent are checks or better. Checks may not exceed ((1%))one percent dirties, leakers, and loss in any combination (due to meat or blood spots). Loss other than meat or blood spots is not permitted.
(4) Additional tolerances:
(a) In lots of two or more cases:
(i) For grade AA - No individual case may exceed 10 percent less AA quality eggs than the minimum permitted for the lot average.
(ii) For grade A - No individual case may exceed 10 percent less A quality eggs than the minimum permitted for the lot average.
(iii) For grade B - No individual case may exceed 10 percent less B quality eggs than the minimum permitted for the lot average.
(b) For grade AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots.