PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-14-142.
Title of Rule: Chapter 16-449 WAC, Washington controlled atmosphere storage requirements for winter pears; chapter 16-459 WAC, Controlled atmosphere storage; and chapter 16-690 WAC, Fruit storage.
Purpose: As a result of its ongoing Executive Order 97-02 effort, the department is proposing to repeal chapters 16-449, 16-459 and 16-690 WAC and replace them with chapter 16-450 WAC, Controlled atmosphere storage requirements for Washington fruits and vegetables. The new chapter 16-450 WAC is written in a clear and readable style that combines the relevant content of the department's current controlled atmosphere storage rules while repealing rule sections that are outdated and no longer needed. No new requirements are introduced into chapter 16-450 WAC. The application fee in WAC 16-450-022(3) is not new. It is currently contained in WAC 16-400-210(11) and the department believes that it is more appropriate to incorporate this fee into its controlled atmosphere storage rules rather than keeping it in a separate fruit and vegetable inspection fee chapter.
Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.
Statute Being Implemented: Chapter 15.17 RCW.
Summary: This rule proposal eliminates a number of redundancies by combining three very similar rule chapters into one. It also gives industry a clearly written set of rules that reflect current department and industry practices. No new requirements are contained in chapter 16-450 WAC.
Reasons Supporting Proposal: A new, updated, clearly written set of rules regulating controlled atmosphere storage for fruits and vegetables in Washington state will be much easier to read and understand, which will benefit both the department and the regulated community.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, Washington, (360) 902-1833.
Name of Proponent: Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The department is proposing to repeal chapters 16-449, 16-459 and 16-690 WAC and replace them with chapter 16-450 WAC, Controlled atmosphere storage requirements for Washington fruits and vegetables. By combining these three very similar rule chapters into one chapter, the department is able to eliminate:
| • | Redundant regulations (for example, licensing requirements are now in one chapter rather than two and controlled atmosphere storage requirements for fruits and vegetables are in one rule chapter rather than three). |
| • | Rule sections that are outdated such as the several "Promulgation" sections in the three chapters proposed for repeal. |
| • | Rule sections that are no longer needed such as the fees in WAC 16-459-030, which the department no longer collects. |
The new chapter also gives the department and industry a clearly written set of rules that reflect current department and industry practices without adding any new requirements. It is written in a clear and readable style using a "Question and Answer" format with shorter rule sections that are written in plain English and whose content is much more focused than the content in traditional rule sections. These new rule sections, because they are easier to read and understand, will make administration, enforcement and compliance easier.
Finally, the application fee in WAC 16-450-022(3) is not new. It is currently contained in WAC 16-400-210(11). The department believes that it is more appropriate to incorporate this fee into the controlled atmosphere storage rules rather than continuing to keep it in a separate chapter on fruit and vegetable inspection fees.
Proposal Changes the Following Existing Rules: See Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed new chapter 16-450 WAC does not impose any new compliance costs on business. Also, the new chapter, because it is rewritten in plain English and reformatted for ease of use, should reduce the regulated industry's cost of compliance. For these reasons, a formal small business economic impact statement as discussed in chapter 19.85 RCW is not required.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
Hearing Location: Washington Cattleman's Association, 1301 Dolarway, Ellensburg, WA, on January 27, 2004, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Virginia Walsh by January 19, 2004, TDD (360) 902-1996 or (360) 902-1976.
Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, e-mail ghuffman@agr.wa.gov, by 5:00 p.m., January 27, 2004.
Date of Intended Adoption: February 18, 2004.
December 23, 2003
Robert W. Gore
Assistant Director
OTS-6615.2
CONTROLLED ATMOSPHERE STORAGE REQUIREMENTS FOR WASHINGTON FRUITS AND VEGETABLES
"Director" means the director of the Washington state department of agriculture or the director's designee.
"Person" means an individual, firm, partnership, corporation, or association.
"CA number" means the license number assigned to a facility by the director.
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(1) Inspected by the director of the Washington state department of agriculture (WSDA) or the director's designee;
(2) Stored in containers or subcontainers marked with a CA number and either a dated state lot number or a sequential state lot number; and
(3) Identified by a certificate documenting:
(a) Their quality and condition;
(b) That they have been stored in a CA facility licensed according to the requirements of this chapter; and
(c) That they comply with all of the requirements of this chapter.
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(2) If the CA fruits and/or vegetables do not enter commercial channels within the two weeks following a CA inspection and certification, they must be reinspected to meet controlled atmosphere conditions and maturity requirements before they are shipped.
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(2) The purpose of a controlled atmosphere storage area is to control the condition and maturity of any fresh fruits or vegetables stored there so when those fruits and vegetables are removed from storage they can be designated as having been exposed to controlled atmosphere.
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(2) When the WSDA director issues a controlled atmosphere storage facility license, the licensee receives a facility number preceded by the letters "WN CA" or "WA CA."
(a) These letters and numbers are the "CA number" of the storage facility.
(b) This CA number verifies that the fruits or vegetables meet the requirements for controlled atmosphere storage.
(c) This CA number must appear on all containers, after they are certified, in which CA fruits or vegetables are packed.
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(2) You can obtain this form (and any others required by this chapter) by writing:
WA State Department of Agriculture
Commodity Inspection Division
Fruit & Vegetable Inspection Program
P.O. Box 42560
Olympia, WA 98504;
Or calling 360-902-1828 or faxing 360-902-2085 or on-line at agr.wa.gov.
(3) Your application for an annual license to operate a controlled atmosphere storage warehouse or warehouses must be accompanied by an annual license fee of five dollars per room, with a minimum fee of twenty-five dollars for five rooms or less.
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(2) You do not have to pay a late renewal penalty if you submit an affidavit to the department declaring that you have not operated or leased a controlled atmosphere storage facility since your previous license expired.
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(a) Location of the room;
(b) Storage room number;
(c) Date the room was sealed;
(d) Quantity of loose fruit in the room identified by variety; and
(e) Quantity of packed fruit in the room identified by variety.
(2) Every licensed operator or lessee must, at least once a day, record the following information on a form approved by the director:
(a) The percentage of carbon dioxide and oxygen inside the sealed storage area;
(b) The temperature inside the sealed storage area; and
(c) The time the percentages and temperature were measured.
(3) WSDA fruit and vegetable inspectors have the right to audit the forms required in this section. Upon completing an audit, the inspector must report their audit results on WSDA form 6076 (Audit of Daily Log) or a form approved by the director.
(4) All Standard and Red Delicious apple varieties must be stored in sealed controlled atmosphere storage on or before December 15 of each year to qualify and be identified as Washington controlled atmosphere storage apples.
(5) For auditing purposes, all licensed operators must notify their local WSDA inspection office before they open any controlled atmosphere storage rooms or before they pack any controlled atmosphere storage fruit.
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(1) The oxygen content of each storage room must be reduced to five percent within twenty calendar days after the room is sealed.
(2) Stored fruits or vegetables must be kept in controlled atmosphere storage under required degrees of temperature and percentage of air components for the specified period, including the following:
| Apple Varieties: | Storage Period: | ||
| • | Gala and Jonagold varieties | • | At least forty-five continuous calendar days |
| • | Other varieties | • | At least sixty continuous calendar days |
| Pear Varieties: | Storage Period: | ||
| • | Bartlett varieties | • | At least forty-five continuous calendar days |
| • | Other summer varieties | • | At least sixty continuous calendar days |
| • | Bosc variety | • | At least forty-five continuous calendar days |
| • | Other winter varieties | • | At least sixty continuous calendar days |
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(1) Oxygen content of each room where the pears are stored must be reduced to five percent within twenty calendar days after the room is sealed.
(2) The pears must be kept in controlled atmosphere storage, under the required degrees of temperature and percentage of air components, for at least forty-five continuous calendar days.
(3) At the time of shipment, the pears marked with a CA number must:
(a) Be no further advanced in maturity than "mostly hard -- some firm."
(b) Not exceed an average of two percent decay and/or breakdown.
(4) Pears that fail to meet any requirement in this section:
(a) Must not be sold as CA storage fruit; and
(b) Their containers must not be marked with a CA number.
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(1) Oxygen content of each room where the pears are stored must be reduced to five percent within twenty calendar days after the room is sealed.
(2) The pears must be kept in controlled atmosphere storage, under the required degrees of temperature and percentage of air components, for:
(a) At least forty-five continuous calendar days for Bosc pears; and
(b) At least sixty continuous calendar days for all other varieties of winter pears.
(3) All CA-marked winter pears must meet the following standards when shipped:
(a) Condition standards:
• No more than two percent decay;
• No more than two percent scald; and
• A five percent maximum aggregate for all condition factors including cork.
(b) Maturity standards:
• No more than five percent must be advanced beyond "firm."
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(2) Before the controlled atmosphere room is sealed, all packed fruit or vegetable containers intended for controlled atmosphere storage must be:
(a) Marked either with "WSDA and (year of production)" or with a department-supplied stamp; and
(b) Marked under the supervision of WSDA inspection personnel.
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(1) Must be inspected and certified as to grade and condition; and
(2) At time of certification, all containers holding CA fruits and vegetables must be marked with both a dated state lot number and a CA number.
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(2) If identification of a reinspected lot:
(a) Can be accomplished without a problem, the reinspected containers do not have to be restamped with a current date state lot number.
(b) May be a problem, the reinspected containers must be restamped with a current date state lot number.
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(2) Apples must meet U.S. condition standards for export.
(3) Pears must meet the maturity requirements of WAC 16-450-042 (3)(a) and (b) or 16-450-044 (3)(b).
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(1) Selling your fruit as controlled atmosphere storage fruit; or
(2) Representing your fruit using terms, words or symbols that imply that it has been exposed to controlled atmosphere storage. For example, the words "controlled atmosphere" or the symbol "CA" must be removed from the container and/or subcontainer.
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OTS-6616.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 16-449-001 | Promulgation. |
| WAC 16-449-010 | Requirements. |
| WAC 16-449-020 | Maturity and condition standards. |
| WAC 16-449-030 | Effective date. |
OTS-6617.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 16-459-001 | Promulgation. |
| WAC 16-459-00101 | Promulgation. |
| WAC 16-459-010 | Requirements -- General. |
| WAC 16-459-020 | Identification of controlled atmosphere fruit prior to inspection. |
| WAC 16-459-030 | Fees. |
| WAC 16-459-040 | Penalties. |
OTS-6618.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 16-690-001 | Promulgation. |
| WAC 16-690-010 | Washington controlled atmosphere storage requirements -- Definitions. |
| WAC 16-690-015 | Washington controlled atmosphere storage requirements -- Annual license. |
| WAC 16-690-020 | Washington controlled atmosphere storage requirements -- Warehouse number. |
| WAC 16-690-025 | Washington controlled atmosphere storage requirements -- Controlled storage requirements. |
| WAC 16-690-030 | Washington controlled atmosphere storage requirements -- Inspection, certification and marking. |
| WAC 16-690-035 | Washington controlled atmosphere storage requirements -- Standards for shipping. |
| WAC 16-690-040 | Washington controlled atmosphere storage requirements -- Reinspection. |
| WAC 16-690-045 | Washington controlled atmosphere storage requirements -- Failure to meet requirements. |
| WAC 16-690-100 | Washington controlled atmosphere storage requirements -- Bartlett pears. |