WSR 00-21-033



[ Filed October 12, 2000, 8:20 a.m. ]

Date of Adoption: October 12, 2000.

Purpose: To delay the effective date of the rules adopted in chapter 16-143 WAC on May 22, 2000, that:

(1) Establish a grade and standards for fresh red raspberries that are destined for freezing, puree, juice stock and other processing uses;

(2) Establish standards for red raspberry puree stock and juice stock red raspberries;

(3) Establish container marking requirements for red raspberries; and

(4) Specify how red raspberries may be used, processed and sold.

Red raspberries destined for fresh market are exempt.

Citation of Existing Rules Affected by this Order: WAC 16-143-010 through 16-143-110.

Statutory Authority for Adoption: Chapters 15.17 and 69.04 RCW and RCW 34.05.350.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: In May 2000 the Department of Agriculture completed a rule-making process that resulted in the adoption of WAC 16-143-010 through 16-143-110, Red raspberry grades and standards. The rules, adopted on May 22, 2000, would have gone into effect on June 22, 2000. On June 14, 2000, the department adopted an emergency rule based on the factors set forth below that delayed the effective date of the permanent rules until October 12, 2000. The emergency rule exempted the 2000 red raspberry harvest from the permanent rules.

Subsequent to the adoption of the permanent rules, on May 30, 2000, the department received a petition for reconsideration and a petition for stay of implementation of the newly enacted rules relating to the red raspberry grades and standards. The department has also received other questions regarding rule implementation and compliance by persons and entities covered by the rules, and questions concerning rule implementation by the department.

The petitions and inquiries identified impacts to existing contracts for the purchase of red raspberries for harvest year 2000, and raised implementation and logistical questions, the extent of which were previously unidentified during the original rule-making process. The department determined that additional time and work was required to address these issues.

On September 20, 2000, the department filed a CR-101 to solicit comment on potential permanent rules regarding implementation of and compliance with the permanent grades and standards rules in WAC 16-143-010 through 16-143-110. The CR-101 also solicits comment on whether and how the permanent rules should apply to red raspberries harvested prior to June 2001. The emergency rule accompanying this filing will continue the status quo (exempting red raspberries harvested in the 2000 harvest season from the provisions of the permanent red raspberry grades and standards rules) during the permanent rule-making process.

The department will also use this time to assist those persons and entities that are required to comply with the rules with training and implementation guidance.

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 Request of a Nongovernmental Entity: New 0, Amended 0, 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 0, 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. Effective Date of Rule: Immediately.

October 11, 2000

Jim Jesernig


WAC 16-143-005
Chapter not effective for 2000 red raspberry harvest season.

The rules set forth in WAC 16-143-010 through WAC 16-143-110 do not apply to any red raspberries harvested before June 2001.


Washington State Code Reviser's Office