Z-1161               _______________________________________________

                                                   SENATE BILL NO. 6354

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senator Barr; by request of Department of Agriculture

Read first time 1/12/90 and referred to Committee on  Agriculture.

AM ACT Relating to apple grades; and amending RCW 15.17.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 10, chapter 122, Laws of 1963 and RCW 15.17.100 are each amended to read as follows:

          The director shall by rule establish grades and/or classifications for apples and standards and sizes for such grades and/or classifications.  In establishing such standards for grades and/or classifications, the director shall take into account the factors of maturity, soundness, color, shape, and freedom from mechanical and plant pest injury.  When establishing standards of color requirements for red varieties and partial red varieties of apples, the director shall establish color standards for such varieties which are not less than the following:

!ix!tp1,7,1,4

!tr1. Arkansas Black !tlFifteen percent

!tr2. Spitzenburg (Esopus) !tlFifteen percent

!tr3. Winesap   !tlTwenty percent

!tr4. King David !tlFifteen percent

!tr5. Delicious !tlTwenty percent

!tr6. Stayman Winesap !tlTen percent

!tr7. Vanderpool !tlTen percent

!tr8. Black Twig !tlTen percent

!tr9. Jonathan !tlTen percent

!tr10. McIntosh !tlTen percent

!tr11. Rome !tlTen percent

!tr12. Red Sport varieties !tlTwenty percent

!te

          Whenever red sport varieties are marked as such, they shall meet the color requirements of red sport varieties.

          The director may upon his or her own motion or upon the recommendation of an organization such as the Washington state horticultural association's grade and pack committee hold hearings in each major apple producing area concerning changes in apple grades and/or standards for such apple grades as proposed by the director or as recommended by such organization.

          The hearings on such recommendations for changes in grades for apples and/or standards for such grades shall be subject to chapter 34.05 RCW concerning the adoption of rules ((and the director shall publish notice of such hearings at least three times in the legal newspaper with the widest circulation in the major apple producing areas where such hearings are to be held.  The last publication of such notice shall be published at least fourteen days prior to such hearings)).

          The director in making ((his)) a final determination on his or her recommendation or those proposed by such organization shall give due consideration to testimony given by producers or producer organizations at such hearing.

          It shall be unlawful for any person to sell, offer for sale, hold for sale, ship, or transport any apples unless they comply with the provisions of this chapter and the rules adopted hereunder.