WSR 26-15-018
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed July 7, 2026, 8:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-11-004.
Title of Rule and Other Identifying Information: Chapter 16-414 WAC, Washington standards for cherries.
Hearing Location(s): On August 25, 2026, at 1:00 p.m., via Microsoft Teams at https://teams.microsoft.com/meet/25039400178020?p=ir8sih5mfPWuv9CMkW, Meeting ID 250 394 001 780 20, Passcode vR7ot9Kz; or dial by phone +1 594-999-2000,,63857368# United States, Olympia.
Date of Intended Adoption: January 1, 2027.
Submit Written Comments to: Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, beginning July 7, 2026, 8:00 a.m., by August 25, 2026, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Timothy Estes, division operations analyst, phone 360-902-1931, fax 360-902-2085, TTY 800-833-6388, email timothy.estes@agr.wa.gov, by August 18, 2026, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of agriculture (department) provides accurate, unbiased inspection of fruits and vegetables; conducts phytosanitary certification, shipping point inspections, third-party grading of fresh products for processing, and export certification; and licenses controlled-atmosphere storage facilities in Washington state. The department received informal and formal requests from stakeholders and the Washington state cherry marketing committee to amend chapter 16-414 WAC to align with proposed updates to United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) Marketing Order 923. USDA AMS filed the proposed rule on March 9, 2026, with its public comment period concluding on April 8, 2026.
The department is considering amending this chapter to align with USDA AMS Marketing Order 923 by:
•Adding row count/row size 7 cherries, minimum diameter in inches 92/64;
•Adding row count/row size 7 1/2 cherries, minimum diameter in inches 88/64; and
•Removing row count/row size 12 cherries as an approved row count.
The department is also considering amending this chapter to create greater clarity in language by:
•Revising and updating definitions;
•Relocating size and tolerance-related provisions; and
•Making clerical corrections, typographical adjustments, measurement standardizations, permissive wording adjustments (e.g., "must" to "may"), and updates to cross-references to eliminate inaccuracies.
Reasons Supporting Proposal: Washington's cherry industry is currently ineligible for crop insurance for row count/row size 12 cherries, as well as commanding a lower market price. Removing row count/row size 12 from its designation in chapter 16-414 WAC. To avoid contradiction for Washington cherry industry requirements, the department is amending the rule language so that it [aligns with] the requirements under USDA AMS Marketing Order 923. Alignment and adoption of standards that are consistent with AMS Marketing Order 923 prevents regulatory conflict, preserves interstate/export market access, maintains the department's inspection program integrity, and is categorized as direct conformity with 7 C.F.R. Part 923.
Statutory Authority for Adoption: RCW 15.17.030, [15.17].050, and [15.17].060.
Statute Being Implemented: Chapters 15.17 and 34.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting: Timothy Estes, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1931; Implementation and Enforcement: Maria Valle, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, 509-480-2265.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The department is not a listed agency under RCW 34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: RCW 34.05.310 (4)(c): The proposed revisions to chapter 16-414 WAC incorporate standards by aligning with USDA AMS Marketing Order 923.
RCW 34.05.310 (4)(d): The proposed revisions to chapter 16-414 WAC definitions exclusively clarify longstanding terminology to eliminate ambiguity while preserving all substantive grading criteria. Amendments across chapter 16-414 WAC reorganize and consolidate scattered tolerance language for enhanced readability without modifying any numerical limits or substantive requirements. Making numerous clerical, typographical, measurement, and formatting corrections across the proposed rule to eliminate inaccuracies and modernize presentation without affecting grading standards or compliance obligations.
Scope of exemption for rule proposal:
Is partially exempt:
Explanation of partial exemptions: RCW 34.05.310 (4)(c): Alignment with USDA Marketing Order 923 and clarifying changes, such as clarifying longstanding terminology to eliminate ambiguity, qualifies for the exemption under RCW 19.85.025(3) as the rule adopts without material change federal regulation.
RCW 34.05.310 (4)(d): Revising definitions/terminology, relocating size and tolerance language, and refining language wording such as clerical corrections, typographical errors, and permissive word changes for improved clarity of rule language.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. A full small business economic impact statement (SBEIS) is not required for the proposed amendments to chapter 16-414 WAC. The proposed amendment to align row count sizes with USDA Marketing Order 923 qualifies for exemption from the requirements of chapter 19.85 RCW under RCW 19.85.061, as it is being adopted solely for the purpose of conformity with federal regulations without material change. The proposed amendments to the definitions and other clarifying changes throughout the rule qualify for exemption from the requirements of chapter 19.85 RCW under RCW 19.85.025(3)/34.05.310 (4)(d) as typographical corrections, language clarification, and organizational improvements that change no substantive requirements, thresholds, or obligations. Analysis of potential compliance costs directly imposed by the rule language yielded an estimation of $0-$125 per business, representing an amount significantly less than the minor cost thresholds for each North American Industry Classification System code. No increases in equipment, fees, reporting, professional services, or staff hours are required. Row 12 removal only affects 1.4 percent of 2025's entire production and is already largely abandoned by shippers, while premium rows 7 and 7.5 afford the industry strong revenue potential.
In sum, the department determines the proposed rule imposes no more-than-minor costs and qualifies for full SBEIS exemption under RCW 19.85.025 and 19.85.061.
The public may obtain a copy of the SBEIS or the detailed cost calculations by contacting Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, TTY 800-833-6388, email wsdarulescomments@agr.wa.gov.
July 7, 2026
Robert Newell
Interim Assistant Director
RDS-7073.1
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-005Definitions.
"Blemish" means any defects or combination of defects that materially affects the appearance of the cherry including, but not limited to, limb rubs, scars, russeting or any other surface discoloration.
"Clean" means cherries are practically free from dirt, dust, spray residue, or other foreign material. ((For example, clean means the product is practically free from leaves, fruit spurs, bark, twigs, dirt or foreign material.))
"Condition defects" means defects that may develop or change during shipment or storage. Condition defects include, but are not limited to, decayed or soft cherries and such other factors as pitting, shriveling, sunken areas, brown discoloration and bruising that, because of its location appears to have occurred after packing.
"Container" as defined in RCW 15.17.020, means any container or subcontainer used to prepackage cherries. This does not include containers that may be used by a retailer to package cherries sold from a bulk display to a consumer, such as open catch bags or similar.
"Damage" means any injury or specific defect described in WAC 16-414-045 or any equally objectionable variation of those defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible quality or marketing quality of the fruit.
"Department" means the Washington state department of agriculture (WSDA).
"Diameter" means the greatest dimension measured at right angles to a line from the stem to the blossom end of the cherry.
"Director" means the director of the Washington state department of agriculture or the director's designee.
(("Face packed" means the cherries in the top layer of any container are placed so the stem ends are pointing downward toward the bottom of the container.))
"Fairly well colored" means that at least ((ninety-five))95 percent of the surface of the cherry shows characteristic color for mature cherries of the variety.
"Firm" means the cherries:
(((1)))(a) Possess a firm, fleshy texture;
(((2)))(b) Retain their approximate original shape;
(((3)))(c) Are not shriveled; and
(((4)))(d) Do not show more than slight collapsed areas of flesh.
"Mature" means cherries have reached the stage of growth that will ((insure))ensure the proper completion of the ripening process. Rainier cherries or other varieties of "light colored sweet cherries" shall meet a minimum of ((seventeen))17 percent soluble solids as determined from a composite sample by refractometer prior to packing, at time of packing, or at time of shipment; provided that individual lots shall not be combined with other lots to meet soluble solids requirements.
(("Permanent defects" means defects that are not subject to change during shipping or storage. Permanent defects include, but are not limited to, factors of shape, scarring, skin breaks, injury caused by hail or insects, and mechanical injury that, because of its location, appears to have occurred before shipment.))
"Off-size" means a cherry whose diameter fails to meet a designated size when measured at right angles to a line from its stem to its blossom end.
"Permanent defects" means defects that are not subject to change during shipping or storage. Permanent defects include, but are not limited to, factors of shape, scarring, skin breaks, injury caused by hail or insects, and mechanical injury that, because of its location, appears to have occurred before shipment.
"Serious damage" means any specific defect described in WAC 16-414-065 or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects that seriously detracts from the appearance, edible quality or marketing quality of cherries.
"Shipping point" means:
(((1)))(a) The point of origin of the shipment in the producing area or at the port of loading; or
(((2)))(b) The port of entry into the United States in the case of shipments from outside the continental United States.
"Similar varietal characteristics" means the cherries in any container are similar in color and shape.
"Well formed" means a cherry has the normal shape characteristic of the variety. Mature well-developed doubles are considered well formed if the halves are approximately evenly formed with a variation of no more than 2/64 of an inch.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-010Washington No. 1 grade and Northwest No. 1 grade sweet cherry requirements.
(((1))) Washington No. 1 grade and Northwest No. 1 grade sweet cherries are cherries with similar varietal characteristics that are:
(((a)))(1) Mature;
(((b)))(2) Not soft, overripe or shriveled;
(((c)))(3) Fairly well colored;
(((d)))(4) Well formed;
(((e)))(5) Clean;
(((f)))(6) Free from underdeveloped doubles, decay, or sunscald;
(((g)))(7) Free from insect larvae or insect holes; and
(((h)))(8) Free from damage by any other cause.
(((2) Northwest No. 1 grade sweet cherries must meet the size requirements listed in WAC 16-414-011.))
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-011Size requirements—Sweet cherries.
(1) The minimum diameter of each cherry must be at least ((54/64))57/64 inch.
(2) The maximum diameter of the cherries in any lot may be specified according to the facts.
(3) For the Rainier variety and similar varieties commonly referred to as "light colored sweet cherries," at least ((ninety))90 percent, by count, of the cherries in any lot shall measure not less than 61/64 inch in diameter and not more than five percent, by count, may be less than 57/64 inch in diameter.
(4) When containers of cherries are marked with a row count/row size designation, the row count/row size marked must comply with the corresponding minimum diameter size as shown in the following table:
Row count/Row size
Minimum diameter in inches
 
7
92/64
 
7 1/2
88/64
 
8
84/64
 
8 1/2
79/64
 
9
75/64
 
9 1/2
71/64
 
10
67/64
 
10 1/2
64/64
 
11
61/64
 
11 1/2
57/64
 
((12
54/64))
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-012Tolerances for Washington No. 1 and Northwest No. 1 grade sweet cherries.
(1) Washington No. 1:
(a) To allow for variations incident to proper grading and handling at the shipping point, the following tolerances, by count, are established:
(i) Eight percent of cherries that fail to meet the requirements of the grade are allowed.
(ii) Of the total tolerance of eight percent, no more than four percent is allowed for defects causing serious damage.
(iii) Of the four percent tolerance for serious damage defects, no more than one-half of one percent is allowed for cherries affected by decay.
(b) To allow for variations incident to proper grading and handling en route or at destination, the following tolerances, by count, are established:
(i) Twenty-four percent of cherries in any lot may fail to meet the requirements of the grade.
(ii) Of the total tolerance of ((twenty-four))24 percent, no more than eight percent is allowed for cherries that fail to meet the grade requirements because of permanent defects.
(iii) Of the total tolerance of ((twenty-four))24 percent, no more than six percent is allowed for cherries that are seriously damaged, including no more than four percent of cherries seriously damaged by permanent defects and two percent for cherries affected by decay.
(2) Northwest No. 1:
(a) To allow for variations incident to proper grading and handling at the shipping point, the following tolerances are established:
(i) Ten percent of cherries in any inspection lot that fail to meet the requirements of the grade are allowed.
(ii) Of the total tolerance of ((ten))10 percent, no more than five percent is allowed for defects causing serious damage.
(iii) Of the five percent tolerance for serious damage defects, no more than one percent is allowed for cherries affected by decay.
(((iv) The contents of individual samples or containers in any lot must not be limited to the percentage of grade defects discussed in WAC 16-414-020.))
(b) To allow for variations incident to proper grading and handling en route or at destination, the following tolerances, by count, are established:
(i) Twenty-four percent of cherries in any lot may fail to meet the requirements of the grade.
(ii) Of the total tolerance of ((twenty-four))24 percent, no more than ((ten))10 percent, by count, is allowed for cherries that fail to meet the grade requirements because of permanent defects.
(iii) Of the total tolerance of ((twenty-four))24 percent, no more than seven percent, by count, is allowed for cherries that are seriously damaged, including no more than five percent for cherries seriously damaged by permanent defects and two percent for cherries affected by decay.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-014Tolerances for "off-size" sweet cherries.
To allow for variations in size incident to proper grading and handling, the following tolerances, by count, are established for off-size grade sweet cherries:
(1) No more than ((ten))10 percent of the cherries in any inspection lot ((must))may measure less than ((54/64))57/64 inches in diameter.
(2) Ten percent ((for))of cherries ((that))in any inspection lot may fail to meet any specified maximum diameter when that maximum diameter is marked on the container or specified in terms of fractions of inches.
(3) When containers are marked with row count/row size or a lot is specified by row count/row size, no more than ((ten))10 percent of the cherries in any inspection lot may fail to meet the corresponding diameter size listed in the table in WAC 16-414-011(((3)))(4).
(4) When containers are marked with a "minimum diameter," no more than five percent of the cherries in the container may fail to meet the corresponding diameter.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-020Washington No. 1 and Northwest No. 1 grade sweet cherries—Individual sample tolerances.
Tolerances are applied to Washington No. 1 and Northwest No. 1 sweet cherries as follows:
(1) For cartons marked or certified to meet Washington No. 1 grade, individual samples must have no more than double the tolerances specified. However, if the averages for the entire lot are within the tolerances specified for the grade, at least two defective and two off-size specimens may be allowed in any sample.
(2) For cartons marked or certified to meet Northwest No. 1 grade, individual samples are not limited to percentage of defects. However, the entire lot must be within the tolerances specified for the grade.
(3) When containers are marked with row count/row size or when a lot is specified by row count/row size, the individual samples or containers must not be limited by the percentage of cherries that are smaller than the diameter corresponding to the particular row count/row size. However, no more than ((twenty))20 percent, by count, of the cherries in any sample or container ((must))may measure less than ((54/64))57/64 inches in diameter.
(((3)))(4) When marked with minimum size, individual samples may have no more than double the tolerances specified.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-045Damage to fresh, sweet cherries—Specific defects.
The following defects are considered damage to fresh, sweet cherries:
(1) Cracks within the stem cavity when they are deep or not well healed, or when the cherry's appearance is affected to a greater extent than a cherry that has a superficial well healed crack 1/16 inch in width and extending one-half the greatest circumference of the stem cavity.
(2) Cracks outside the stem cavity when they are deep or not well healed, or when they materially affect the cherry's appearance, or when the crack has weakened the cherry to the extent that it is likely to split or break in the process of proper grading, packing and handling.
(3) Hail marks when they are deep or not well healed, or when the aggregate area exceeds 3/16 inch in diameter.
(4) Evidence of insects when scale is present, or when any insect materially affects the cherry's appearance.
(5) ((Limb rubs when they affect the cherry's appearance more than the amount of scarring that is allowed.
(6) Pulled stems when the skin or flesh is slightly torn.
(7) Russeting when it affects the cherry's appearance more than the amount of scarring that is allowed.
(8) Blemishes including bird pecks, sunburn, other blemishes or combinations of blemishes that materially affect the appearance of the cherry, or any materially discolored flesh.
(9) Scars))Blemishes when excessively deep or rough or dark colored and when the aggregate area exceeds 3/16 inch in diameter, or when smooth or fairly smooth, light colored, superficial, and the aggregate area exceeds 1/4 inch in diameter.
(((10)))(6) Skin breaks when they are not well healed, or when the cherry's appearance is materially affected.
(((11)))(7) Sutures when they are excessively deep or cause the cherry's shape to be less than well formed.
(8) Bruises when they affect an aggregate of more than 1/4 inch in diameter.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-065Serious damage to fresh, sweet cherries—Specific defects.
The following defects are considered serious damage to fresh, sweet cherries:
(1) Cracks when they are not well healed;
(2) Insect larvae or insect holes;
(3) Pulled stems if they ((cause more than a slight)) tear ((in)) the cherry skin or flesh, or when they cause the cherry to leak;
(4) Skin breaks when they are not well healed; ((and))
(5) Blemishes when excessively deep or rough or dark colored and when the aggregate area exceeds 3/8 inch in diameter, or when smooth or fairly smooth, light colored, superficial, and the aggregate area exceeds 1/2 inch in diameter;
(6) Bruises when they affect an aggregate of more than 3/8 inch in diameter; and
(7) Decay.
AMENDATORY SECTION(Amending WSR 07-12-076, filed 6/5/07, effective 7/6/07)
WAC 16-414-090Sweet cherry container marking requirements.
(1) Containers must be conspicuously and legibly stamped with the:
(a) Name and the address of the grower, packer or shipper;
(b) Net weight; and
(c) True variety name or "sweet cherries."
(2) The containers may be marked with the grade name Washington No. 1, U.S. No. 1, or Northwest No. 1.
(3) Sealed consumer units must meet all container marking requirements as well as including the quantity in terms of weight or dry volume.