WSR 14-14-096

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE

[Filed June 30, 2014, 1:28 p.m.]

Title of Rule and Other Identifying Information: Chapter 16-445 WAC, Standards for Italian prunes.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Norman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, AND RECEIVED BY September 3, 2014.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will make the rules establishing standards for Italian prunes clear and usable by removing the question format, eliminating the charts, and including the definition of russeting.

Reasons Supporting Proposal: Amending the rule will provide clear explicit language written in plain talk which clearly defines the grade, pack, tolerances, and application of tolerances for Italian prunes packed and shipped from Washington.

Statutory Authority for Adoption: RCW 15.17.050 and chapter 34.05 RCW.

Statute Being Implemented: RCW 15.17.050.

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

Name of Proponent: Department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ken Shank, Wenatchee, (509) 387-6529; and Enforcement: Brad Avy, Olympia, (360) 902-1827.

June 27, 2014

Brad Avy

Assistant Director

Commodity Inspection Division

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-015 ((What)) Definitions ((are important to this chapter?)).

The following definitions are important to this chapter and apply only to Italian prunes:

"Badly misshapen" means prunes so malformed or rough that they appear to be seriously damaged. Doubles that have approximately equal sized halves are not considered "badly misshapen."

"Culls" mean prunes that are immature, or seriously damaged by growth cracks, hail, insect pests, mechanical or other means.

"Department" means the Washington state department of agriculture.

"Diameter" means the greatest distance measured through the center of a prune at right angles to a line running from the stem to the blossom end.

"Fairly uniform size" means that the prunes in each packed container must not show a variation of more than one-fourth of an inch in diameter.

"Fairly well colored" means that at least three-fourths of the surface of a prune is purple color.

"Mature" means that a prune has reached the stage of maturity that will insure proper completion of the ripening process.

"Russeting" means an abnormal roughening and scarring of the surface of the fruit, which characteristically is smooth.

"Sunscald" means an apparent softening or collapse of a prune's flesh that is caused by the sun.

"Well colored" means that except for the portion of allowed russeting, ninety-five percent of the surface of a prune is purple color.

"Well-formed" means that a prune has the shape characteristic of the variety. Doubles are not considered well-formed.

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-025 ((What does ")) Damage((")) and (("))serious damage((" mean?)) standards.

((The following table explains the differences between "damage" and "serious damage" as the terms apply to Italian prunes:


(("Damage" means:		"Serious damage" means:
(1) Any injury or defect that materially affects the prune's appearance, or its edible or shipping quality.		(1) Any injury or defect that seriously affects the prune's appearance, or its edible or shipping quality.
Note: Internal growth cracks, cavities or gum spots are not considered damage.
(2) Any one of the following defects or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, is "damage":		(2) Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, is "serious damage":
(a) Broken skins that are unhealed.		(a) Broken skins that are unhealed and more than one-eighth inch in diameter or depth.
Note:		Note:
•	Broken skins caused by pulled stems where the skin is not torn beyond the stem basin are not damage.	•	Broken skins caused by pulled stems where the skin is not torn beyond the stem basin are not serious damage.
•	Broken skins that have healed are considered scars.	•	Broken skins that have healed are considered scars.
(b) Heat injury that is extensive or not light in color.		(b) Heat injury that causes any softening or dark discoloration of the flesh.
		Note:
		•	Heat injury may cause internal or external discoloration, and may or may not be serious.
		•	Heat injury should not be confused with sunscald, which causes softening or collapse of the tissue, and which is always classed as serious damage.
(c) External growth cracks, when:		(c) External growth cracks that are:
•	There are more than one on a prune; or	•	Not well healed; or
•	One is deep; or	•	More than 3/16 inch in depth; or
•	One is not well healed; or	•	More than 1/2 inch in length.
•	One is more than 1/4 inch in length.
(d) Sunburn that has:		(d) Sunburn that causes:
•	Materially changed the normal color of a prune; or	•	Decided flattening of a prune; or
•	Caused the skin to blister or crack.	•	Blistering, cracking, or noticeable brownish discoloration of the skin.
(e) Split pit that:		(e) Split pit that:
•	Causes a readily apparent crack at the stem end; or	•	Causes a crack at the stem end more than 3/16 inch in length, including any part that may be covered by the stem; or
•	Affects a prune's shape so it is not well-formed.	•	Affects the shape to the extent that the fruit is badly misshapen.
(f) Hail marks, or other similar depressions or scars that:		(f) Hail marks that:
•	Are not shallow or superficial; or	•	Are more than 3/16 inch deep; or
•	Total more than 3/8 inch in diameter; or	•	Total more than 1/2 inch in diameter.
•	Break the skin.
(g) Drought spots or external gum spots that are more than 1/4 inch in diameter.		(g) Drought spots or external gum spots that total more than 1/2 inch in diameter.
(h) Russeting that is:		(h) Russeting that is:
•	Not excessively rough but totals more than 1/10 of a prune's surface; or	•	Not excessively rough but totals more than 1/3 of a prune's surface; or
•	Excessively rough and totals more than 1/4 inch in diameter.	•	Excessively rough and totals more than 1/2 inch in diameter.
(i) Scars:		(i) Scars that are:
•	Dark, rough or depressed scars totaling more than 1/4 inch in diameter.	•	Very dark or excessively rough and total more than 1/2 inch in diameter; or
•	Fairly smooth, superficial scars that total more than 1/2 inch in diameter. An example is fairly light discoloration such as that caused by handling or packing or by prunes rubbing against each other while on the tree.	•	More than 3/16 inches deep.
•	Thorn and limb scratches that are not well healed, or that total more than 1/2 inch in length.))

(1) "Damage" means any injury or defect that materially affects the prune's appearance, or its edible or shipping quality. Internal growth cracks, cavities or gum spots are not considered damage. Any one of the following defects or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect is damage:

(a) Broken skins that are unhealed. Broken skins caused by pulled stems where the skin is not torn beyond the stem basin are not damage. Broken skins that have healed are considered scars.

(b) Heat injury that is extensive or not light in color.

(c) External growth cracks when there are more than one on a fruit, or when any growth crack is deep, not well healed or more than one-fourth inch in length.

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack.

(e) Split pit which causes a readily apparent crack at the stem end, or which affects the shape to the extent that the fruit is not well-formed.

(f) Hail marks or other similar depressions or scars that are not shallow or superficial, or which aggregate more than three-eighths inch in diameter, or when the skin has been broken.

(g) Drought spots or external gum spots that are more than one-fourth inch in diameter.

(h) Russeting that is not excessively rough when aggregating more than ten percent of the fruit surface, or that is excessively rough when aggregating more than one-fourth inch in diameter.

(i) Scars: Dark, rough, or depressed scars which aggregate more than one-fourth inch in diameter. Fairly smooth, superficial scars, including fairly light discoloration such as is caused by handling or packing or by prunes rubbing against each other while on the tree, which aggregate more than one-half inch in diameter.

(2) "Serious damage" means any injury or defect that seriously affects the prune's appearance, or its edible or shipping quality. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, is serious damage:

(a) Broken skins that are unhealed and more than one-eighth inch in diameter or depth, except those caused by pulled stems where the skin is not torn beyond the stem basin. Broken skins that have healed are considered scars.

(b) Heat injury that causes any softening or dark discoloration of the flesh. Heat injury may cause internal or external discoloration, and may or may not be serious. It should not be confused with sunscald, which causes softening or collapse of the tissue and which is always classed as serious damage.

(c) External growth cracks that are not well healed, or which are more than three-sixteenths inch in depth, or more than one-half inch in length.

(d) Sunburn that causes decided flattening of the fruit, or causes blistering, cracking, or noticeable brownish discoloration of the skin.

(e) Split pit that causes a crack at the stem end more than three-sixteenths inch in length, including any part which may be covered by the stem, or which affects the shape to the extent that the fruit is badly misshapen.

(f) Hail marks that are more than three-sixteenths inch in depth, or which aggregate more than one-half inch in diameter.

(g) Drought spots or external gum spots that total more than one-half inch in diameter.

(h) Russeting that is not excessively rough when aggregating more than one-third of the fruit surface, or that is excessively rough when aggregating more than one-half inch in diameter.

(i) Scars that are very dark or excessively rough and aggregate more than one-half inch in diameter, or which are more than three-sixteenths inch in depth.

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-040 ((What is a ")) Washington No. 1 grade((" Italian prune?)).

((To be labeled "))Washington No. 1 grade((," Italian)) shall consist of prunes ((must be)) that are:

(1) Of one variety;

(2) A purplish color over at least 2/3 of their surface;

(3) Well-formed;

(4) At least 1-1/4 inches in diameter unless otherwise specified;

(5) Mature but not overripe, soft or shriveled;

(6) Free from decay and sunscald; and

(7) Free from damage caused by:

(a) Broken skins;

(b) Heat injury;

(d) Sunburn;

(e) Split pits;

(f) Hail marks;

(g) Drought spots;

(h) Russeting;

(i) Scars; or

(j) Dirt, other foreign material, disease, insects or mechanical or other means.

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-045 ((What tolerances apply to Italian prunes?)) Tolerances.

The following tolerances apply to prunes in any container and are adopted to allow for variations that are incidental to proper grading and handling((:)).


(((1) Tolerances that apply at the shipping point:	(2) Tolerances that apply to the destination or en route to the destination:
(a) Other than color and size, no more than ten percent, by count, may fail to meet the grade requirements for defects.	(a) No more than eighteen percent, by count, may fail to meet grade requirements.
(b) No more than five percent, by count, may have serious damage defects.	(b) No more than ten percent, by count, may fail to meet grade requirements due to other permanent defects.
(c) No more than one percent, by count, may be decayed.	(c) No more than seven percent, by count, may have defects that cause serious damage, including no more than five percent for permanent defects and no more than two percent for decay.
(d) No more than ten percent, by count, may fail to meet the color requirements.	(d) No more than ten percent, by count, may fail to meet color requirements.
(e) No more than ten percent, by count, may fail to meet the size specifications.	(e) No more than ten percent, by count, may fail to meet minimum size requirements.
(f) The combined tolerance for all defects must not exceed fifteen percent by count.))

(1) Tolerances that apply at the shipping point: No more than ten percent of prunes, by count, may fail to meet the grade requirements for defects other than color and size. No more than five percent, by count, may have serious damage defects. No more than one percent, by count, may have decay. No more than ten percent, by count, may fail to meet the color requirements. No more than ten percent, by count, may fail to meet the size specifications. The combined tolerance for all defects must not exceed fifteen percent by count.

(2) Tolerances that apply to the destination or en route to the destination: No more than eighteen percent of prunes, by count, may fail to meet grade requirements. No more than ten percent of prunes, by count, may fail to meet grade requirements due to other permanent defects. No more than seven percent, by count, may have defects that cause serious damage, including no more than five percent for permanent defects and no more than two percent for decay. No more than ten percent, by count, may fail to meet color requirements. No more than ten percent, by count, may fail to meet minimum size requirements.

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-060 ((How does the department apply its Italian prune tolerances during an inspection?)) Application of tolerances.

((If the averages for an entire lot are within the specified tolerances, the following limitations apply to the contents of the individual containers in the lot. Based upon sample inspections, the individual containers in the lot:)) Provided, that the average for an entire lot of prunes are within the specified tolerances, the contents of individual containers in the lot, based on sample inspection, are subject to the following limitations. Individual containers:

(1) May contain at least one defective and one undersized prune.

(2) Must have no more than one and one-half times the tolerance specified when a tolerance is ten percent or more.

(3) Must have no more than double the tolerance specified when a tolerance is less than ten percent.

AMENDATORY SECTION (Amending WSR 05-10-093, filed 5/4/05, effective 6/4/05)

WAC 16-445-070 ((What are the ")) Standard pack((" requirements for Italian prunes?)).

(1) A standard pack of Italian prunes must:

(a) Contain prunes of fairly uniform size;

(b) Be tightly packed ((according to industry-approved methods)); and

(2) In order to allow for variations incident to proper packing, no more than ten percent of the containers in any lot, by count, may fail to meet the standard pack requirements of this section.