HOUSE BILL 2892





                        57th Legislature

                      2002 Regular Session


Passed by the House February 14, 2002

  Yeas 98   Nays 0




Speaker of the House of Representatives







Passed by the Senate March 6, 2002

  Yeas 48   Nays 0



I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2892  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk






President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.               




Governor of the State of Washington

                   Secretary of State

                  State of Washington



                          HOUSE BILL 2892



             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2002 Regular Session


By Representatives Clements, Linville, Grant, Lisk, Armstrong, Mulliken, Chandler, Holmquist, Schoesler, Hatfield and Ogden


Read first time 02/01/2002.  Referred to Committee on Agriculture & Ecology.

Selling apples for fresh consumption.

    AN ACT Relating to selling apples for fresh consumption; and amending RCW 15.17.210.




    Sec. 1.  RCW 15.17.210 and 1998 c 154 s 14 are each amended to read as follows:

    It is unlawful:

    (1) To sell any fruits or vegetables:

    (a) As meeting the standards for any fruit or vegetable as prescribed by the director unless they in fact do so;

    (b) For which no standards have been established under this chapter unless ninety percent or more by weight or count, as determined by the director, are free from plant pest injury that has penetrated or damaged the edible portions and from worms, mold, slime, or decay;

    (c) In containers other than the size and dimensions prescribed by the director by rule;

    (d) Unless the containers in which the fruits or vegetables are placed or packed are marked with the proper grade and additional information as may be prescribed by rule.  The additional information may include:

    (i) The name and address of the grower, or packer, or distributor;

    (ii) The varieties of the fruits or vegetables;

    (iii) The size, weight, and either volume or count, or both, of the fruits or vegetables;

    (e) Which are in containers marked or advertised for sale or sold as being either graded or classified, or both, according to the standards prescribed by the director by rule unless the fruits or vegetables conform with the standards;

    (f) Which are deceptively packed;

    (g) Which are deceptively arranged or displayed;

    (h) Which are mislabeled; or

    (i) Which do not conform to this chapter or rules adopted under this chapter;

    (2) For any person to ship or transport or any carrier to accept any lot of fruits or vegetables without an inspection certificate, permit, or certificate of compliance when the director has prescribed by rule that such products be accompanied by an inspection certificate, permit, or certificate of compliance.  The inspection certificate, permit, or certificate of compliance shall be on a form prescribed by the director and may include methods of denoting that all assessments provided for by law have been paid before the fruits or vegetables may lawfully be delivered or accepted for shipment;

    (3) For any person to refuse to submit any container, load, or display of fruits or vegetables for inspection by the director, or refuse to stop any vehicle or equipment containing such products for the purpose of inspection by the director; ((or))

    (4) For any person to move any fruits or vegetables or their containers to which any tag has been affixed, except as provided in RCW 15.17.200; or

    (5) After October 1st of any calendar year, for any person to sell containers of apples, containing apples harvested in a prior calendar year, to any retailer or wholesaler for the purpose of resale to the public for fresh consumption.


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