S-4659.1  _______________________________________________

                         SENATE BILL 6582

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senators M. Rasmussen, Newhouse, Loveland and Moore

Read first time 02/01/94.  Referred to Committee on Agriculture.

Applying grades and standards only to apples packed in Washington state.

    AN ACT Relating to grades and standards for agricultural products; and amending RCW 15.17.100 and 15.17.210.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 15.17.100 and 1990 c 19 s 1 are each amended to read as follows:

    The director shall by rule establish either grades ((and/or)) or classifications, or both, for apples and standards and sizes for ((such)) either grades ((and/or)) or classifications, or both.  In establishing ((such)) the standards for either grades ((and/or)) or classifications, or both, the director shall take into account the factors of maturity, soundness, color, shape, and freedom from mechanical and plant pest injury.  The grades and standards shall be applied to and used only upon those containers of apples that are packed within the state of Washington.  When establishing standards of color requirements for red varieties and partial red varieties of apples, the director shall establish color standards for ((such)) the varieties ((which)) that are not less than the following:

1. Arkansas Black             Fifteen percent

2. Spitzenburg (Esopus)       Fifteen percent

3. Winesap                    Twenty percent

4. King David                 Fifteen percent

5. Delicious                  Twenty percent

6. Stayman Winesap            Ten percent

7. Vanderpool                 Ten percent

8. Black Twig                 Ten percent

9. Jonathan                   Ten percent

10. McIntosh                  Ten percent

11. Rome                      Ten percent

12. Red Sport varieties       Twenty percent

    Whenever red sport varieties are marked as such, they shall meet the color requirements of red sport varieties.

    The director may upon his or her own motion or upon the recommendation of an organization such as the Washington state horticultural association's grade and pack committee hold hearings in each major apple producing area concerning changes in either apple grades ((and/or)) or standards, or both for ((such)) the apple grades as proposed by the director or as recommended by ((such)) the organization.

    The hearings on ((such)) the recommendations for changes in either grades for apples ((and/or)) or standards, or both, for ((such)) the grades ((shall be)) is subject to chapter 34.05 RCW concerning the adoption of rules.

    The director, in making a final determination on his or her recommendation or those proposed by ((such)) the organization, shall give due consideration to testimony given by producers or producer organizations at ((such)) the hearing.

    It ((shall be)) is unlawful for ((any)) a person to sell, offer for sale, hold for sale, ship, or transport ((any)) apples unless they comply with the provisions of this chapter and the rules adopted hereunder.

    Sec. 2.  RCW 15.17.210 and 1963 c 122 s 21 are each amended to read as follows:

    It ((shall be)) is unlawful to sell, offer for sale, hold for sale, ship, or transport any horticultural plants or products:

    (1) Subject to the requirements of RCW 15.17.040 unless they meet ((such)) the requirements;

    (2) As meeting either the grades ((and/or)) or classifications, or both, and standards and sizes for ((such)) the grades ((and/or)) or classifications as adopted or amended by the director under RCW 15.17.050 unless they meet ((such)) the standards and sizes for ((such)) either grades ((and/or)) or classifications, or both;

    (3) As meeting the standards and sizes for private grades or brands as approved by the director under RCW 15.17.090 unless they meet ((such)) the standards and sizes;

    (4) In containers other than the size and dimensions prescribed by the director, when he or she has prescribed by rule ((such)) the size and dimensions for containers in which any horticultural plants or products will be placed or packed((:  PROVIDED, That)).  However, this subsection shall not apply when any such horticultural plants or products are being shipped or transported to a packing plant, processing plant, or cold storage facility for preparation for market;

    (5) Unless the containers in which ((such)) the horticultural plants or products are placed or packed are marked as prescribed by the director, with either the proper United States ((and/or)) or Washington grade ((and/or)) or classification, or both, or private grades or brands of ((such)) the horticultural plants or products;

    (6) Unless the containers in which ((such)) the horticultural plants or products are placed or packed are marked as prescribed by the director, which may include the following:

    (a) The name and address of the grower, or packer, or distributor;

    (b) The varieties of ((such)) the horticultural plants or products;

    (c) The size, weight, and either volume ((and/or)) or count, or both, of ((such)) the horticultural plants or products;

    (7) Which are in containers marked or advertised for sale or sold as being either graded ((and/or)) or classified, or both, according to the standards and sizes prescribed by the director or by law unless ((such)) the horticultural plants or products conform with ((such)) either grades ((and/or)) or classifications, or both, and their standards and sizes;

    (8) Which are deceptively packed;

    (9) Which are deceptively arranged or displayed;

    (10) Which are mislabeled;

    (11) Which are in containers marked with a Washington state grade designation for apples, unless the containers of apples were packed in the state of Washington;

(12) Which do not conform to the provisions of this chapter or rules adopted hereunder.

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