WSR 00-05-048

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 14, 2000, 9:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-193.

Title of Rule: Miscellaneous agricultural commodity inspection standards.

Purpose: Chapter 16-213 WAC provides for state of Washington commodity quality and grade inspection criteria, standards, and related procedures for some commodities produced and/or handled in the state of Washington.

Statutory Authority for Adoption: Chapter 22.09 RCW.

Statute Being Implemented: RCW 22.09.400.

Reasons Supporting Proposal: Portions of the WAC are obsolete, duplicative, or cannot be utilized officially in Washington state.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1921.

Name of Proponent: Canola Commission, [governmental].

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 16-213 WAC, Miscellaneous agricultural commodity inspection standards provides inspection definitions and procedures for some commodities grown in or handled in the state of Washington. Executive Order 97-02, Regulatory Improvement, requires agencies to review regulations to determine if the rule should be retained in current form or be amended or repealed. On review of chapter 16-213 WAC, portions of the current WAC were found obsolete or duplicative of federal standards. Safflower seed inspection procedures, WAC 16-213-010, 16-213-100, 16-213-110, 16-213-120, and 16-213-130; inspection and certification of shiplots and combined lots of Washington buckwheat, WAC 16-213-220; Washington stowage examinations, WAC 16-213-230, and rapeseed inspection procedures, WAC 16-213-240 and 16-213-250, are not utilized and the same or similar services are available under United States Department of Agriculture standards and instructions. The proposal to repeal the portions of chapter 16-213 WAC listed above will create a WAC that is compliant with the intent of Executive Order 97-02 and will continue to offer necessary services to the state of Washington.

Proposal Changes the Following Existing Rules: The proposed repeal of WAC 16-213-010, 16-213-100, 16-213-110, 16-213-120, 16-213-130, 16-213-220, 16-213-230, 16-213-240, and 16-213-250 will change chapter 16-213 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will be no impact from the proposed change. The WACs proposed for repeal are not utilized. The services provided under the subject WACs are available and provided routinely by the Washington State Department of Agriculture under United States Department of Agriculture standards and instructions.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The department is exempt from these provisions.

Hearing Location: Washington State Department of Agriculture, Natural Resources Building, Room 172, 1111 Washington Street, Olympia, WA 98504, on March 21, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Frazee by March 14, 2000, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Randall R. Deike, Grain Inspection Program Manager, Commodity Inspection, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by March 22, 2000, 5:00 p.m.

Date of Intended Adoption: March 30, 2000.

February 10, 2000

Robert W. Gore

Assistant Director

Commodity Inspection Division

OTS-3801.1


AMENDATORY SECTION(Amending Order 1812, filed 3/2/84)

WAC 16-213-200
Buckwheat inspection definitions.

(1) "Buckwheat" means grain which before the removal of dockage consists of fifty percent or more of whole kernels of buckwheat (domestic varieties). The term "buckwheat" in these standards shall not include wild buckwheat.

(2) "Dockage" means all matter other than buckwheat which can be readily removed from a test portion of the original sample by use of the approved device in accordance with the procedures as set down in these standards.

(3) "Foreign material" means all matter other than buckwheat which remains in the sample after the removal of dockage.

(4) "Moisture" means a percentage ascertained by the air oven or by any device and method which gives equivalent results.

(5) "Percentages" means percentages ascertained by weight except in the case of moisture.

(6) "Sample grade buckwheat" means buckwheat which has a commercially objectionable foreign odor; or is musty, sour, heating, or hot; or contains eight or more stones per one thousand grams; or fails to meet the grade requirements of Washington numerical grades, or is otherwise distinctly low quality.

(7) "Stones" means concreted, earthy, or mineral matter or other substances of similar hardness that do not disintegrate readily in water.

(8) "Test weight per bushel" means the weight as determined per Winchester bushel (35.24 liters) or as determined by any device and method which gives equivalent results.

(9) "Type" of buckwheat (large or small) means the result determined by sizing a portion using an 8/64 x 3/4 slotted sieve, and shall be added to and made a part of the grade designation.

(a) The designation shall be "large" when twenty percent or less of the buckwheat passes through an 8/64 x 3/4 slotted sieve.

(b) The designation shall be "small" when more than twenty percent of the buckwheat passes through an 8/64 x 3/4 slotted sieve.

(10) "Weevily" buckwheat shall be buckwheat that is infested with live weevils or other insects injurious to stored buckwheat.

[Statutory Authority: Chapter 22.09 RCW. 84-06-036 (Order 1812), 16-213-200, filed 3/2/84.]


AMENDATORY SECTION(Amending Order 1919, filed 3/26/87)

WAC 16-213-260
Cracked corn, corn screenings, and mixed grain screenings inspection definitions.

(1) "Cracked corn" is a byproduct of the elevating, transporting, or cleaning of corn. Cracked corn is the entire corn kernel, broken, ground, or fractured. Cracked corn may contain incidental whole kernels of corn. Cracked corn may be "yellow" or "white" if one color constitutes ninety percent or more of the mixture. Cracked corn may not contain more than four percent of admixture (foreign material).

(2) "Corn screenings" is a byproduct of the elevating, transporting, or cleaning of corn. Corn screenings is the entire corn kernel, broken, ground, or fractured. Corn screenings may contain incidental whole kernels of corn. Corn screenings must consist of seventy percent or more of corn, whole and broken, and may contain not more than thirty percent of admixture.

(3) "Mixed grain screenings" is a byproduct of the elevating, transporting, or cleaning of grain. Grain screenings is the entire grain kernel, broken, ground, or fractured. Mixed grain screenings may contain incidental whole kernels of grain. Mixed grain screenings must consist of seventy percent or more of whole, light, and broken kernels of wheat, barley, oats, corn, rye, flaxseed, sorghum, triticale, soybeans, or wild oats in combination. Mixed grain screenings may contain not more than thirty percent of other foreign material.

(4) "Admixture" in cracked corn or corn screenings means foreign material and standardized grains other than corn.

(5) "Other foreign material" in mixed grain screenings means material other than standardized grains under the United States Grain Standards Act and wild oats.

(6) "Test weight per bushel" means the weight per winchester bushel (35.24 liters) or as determined by any device and method which gives equivalent results.

(7) "Moisture" means a percentage ascertained by the air oven method or by any device and method which gives equivalent results.

[Statutory Authority: Chapter 22.09 RCW. 87-08-030 (Order 1919), 16-213-260, filed 3/26/87.]


AMENDATORY SECTION(Amending Order 1919, filed 3/26/87)

WAC 16-213-270
Cracked corn, corn screenings, and mixed grain screenings inspection procedures.

(1) The determination of cracked corn, yellow or white in cracked corn, corn screenings or mixed grain screenings shall be made on a representative portion of approximately thirty grams cut from the representative sample.

(a) In the case of cracked corn and corn screenings, the percentage of admixture shall be determined and recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(b) In the case of mixed grain screenings, the percentage of other foreign material shall be determined and recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(2) The determination for moisture shall be made on a representative portion of the sample of exactly two hundred fifty grams cut from the work sample. The percentage of moisture is determined by using the motomco moisture meter or other device that yields equivalent results. The percentage of moisture shall be recorded on the inspection certificate in whole and tenths of a percent to the nearest tenth of a percent.

(3) The determination of test weight per bushel shall be made on a representative portion of the sample ranging in size from one and one-eighth to one and one-fourth quarts. The test weight per bushel shall be recorded on the inspection certificate in whole and half pounds. A fraction of a half pound shall be disregarded.

(4) The examination of shiplots and combined lots of cracked corn, corn screenings and mixed grain screenings.

(a) When examining a shiplot or combined lot of cracked corn, corn screenings or mixed grain screenings, an individual sublot sample may exceed the limit for admixture in cracked corn and corn screenings and the limit of other foreign material in mixed grain screenings by up to two percent provided that:

(i) The weighted or mathematical average for the lot as a whole is within the prescribed limits of the applicable definition; and

(ii) The preponderance of the lot by weight meets the applicable definition.

(b) The certificate for a lot must show the following:

(i) The term cracked corn, corn screenings or mixed grain screenings.

(ii) The approximate weight of the lot.

(iii) In the case of cracked corn or corn screenings, the percentage of admixture.

(iv) In the case of mixed grain screenings, the percentage of other foreign material.

(v) The presence of sour, musty, or commercially objectionable foreign odors, an unknown foreign substance, live weevils or other live insects injurious to stored grain, glass, rodent pellets or the presence of other factors likely to adversely affect the quality of the cracked corn, corn screenings, or mixed grain screenings shall be noted in remarks on the certificate.

(c) At the request of the applicant, the certificate for a lot may show the following:

(i) In the case of cracked corn, the terms yellow or white.

(ii) The percentage of moisture.

(iii) The test weight per bushel.

(iv) In remarks, "We certify that cracked corn (or corn screenings) is not residue or waste from food industries. It is corn cracked during transportation or handling."

[Statutory Authority: Chapter 22.09 RCW. 87-08-030 (Order 1919), 16-213-270, filed 3/26/87.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-213-010 Promulgation.
WAC 16-213-100 Safflower seed standards -- Definitions.
WAC 16-213-110 Application of standards.
WAC 16-213-120 Grades, grade requirements, and grade designations.
WAC 16-213-130 Special grades for safflower seed.
WAC 16-213-220 Inspection and certification of shiplots and combined lots of Washington buckwheat.
WAC 16-213-230 Washington stowage examinations.
WAC 16-213-240 Rapeseed inspection definitions.
WAC 16-213-250 Rapeseed inspection procedures.

Washington State Code Reviser's Office