Purpose: The purpose of this rule-making order is to adopt a rewritten, reformatted and reorganized chapter 16-406 WAC, standards for apricots, that is easier to understand and use. No new requirements are included in the rewritten chapter 16-406 WAC. The rewritten chapter 16-406 WAC is a result of the department's ongoing Executive Order 97-02 rule review effort and the department's effort to comply with the executive order's "clarity criteria."

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-406-040 and 16-406-050; and amending WAC 16-406-020, 16-406-025, 16-406-030, and 16-406-060.

     Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

      Adopted under notice filed as WSR 05-07-153 on March 23, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 4, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 4, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 4, Repealed 2.

     Date Adopted: May 25, 2005.

William E. Brookreson

Deputy Director

for Valoria H. Loveland

Director

OTS-7909.2

     "Aggregate" means that injury areas on an apricot's surface may be combined into one circular area with a diameter equal to the maximum diameter specified for the particular injury.

     "Damage" means an injury to an apricot that is readily apparent during grading and handling.

     "Department" means the Washington state department of agriculture.

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

     (1) Apricots having a diameter of 1-1/2 inches or larger, ring measurement, may be considered "large."

     (2) Apricots having a diameter of less than 1-1/2 inches may be considered "small."

     "Director" means the director of the Washington state department of agriculture or the director's designee.

     "Mature" means apricots have reached a growth stage that will insure the proper completion of the ripening process.

     "Serious damage" means:

     (1) Immaturity; or

     (2) Any deformity; or

     (3) Injuries either causing skin breaks exceeding 3/8 of an inch in diameter or that seriously affects the apricot's appearance.

     "Well formed" means having a shape that is characteristic of the variety.

[]

MATURITY CHARACTERISTIC	EXPLANATION
(1) Ambering	"Ambering," which many authorities on apricots recognize as an indicator of maturity, refers to the replacement of the green colored flesh immediately around the pit with an amber shade of flesh.
(2) Springiness	"Springiness" develops in connection with the separation of the flesh from the pit. It is an indication that the apricot is reaching proper tree maturity for picking for fresh shipment. Springiness may be detected by:
	•External pressure on the apricot; or
	•Cutting the apricot in half at right angles to the longitudinal axis and noting how one-half or both halves slip away from the pit.
(3) Taste	On a tree whose fruit is ready for harvest for fresh shipment, it is quite common to find apricots that are fairly palatable because they have lost much of their green taste. However, in using this test, do not be misled by apricots that, because of worm infestation, may be maturing abnormally.
(4) Separation of fruit from the stem	The way apricots separate from their stems is an indication of their maturity. For example, immature apricots tend to tear the adjacent skin and flesh more than apricots that are near proper maturity.

[]

APRICOT VARIETY	MINIMUM YELLOW SURFACE AREA STATED AS A PERCENTAGE OF AN APRICOT'S TOTAL SURFACE AREA
Moorpark	20%
Gilbert or Newcastle	50%
Tilton	40%
Blenheim	40%
Royal	40%

[]

Table 1
"Damage" and "Serious Damage" for All Varieties of Apricots except the Riland Variety

Table 2
"Damage" and "Serious Damage" for the Riland Variety of Apricots

[]

     (2) When applying the foregoing tolerances to the combination grade no part of any tolerance shall be used to reduce the percentage of Washington No. 1 apricots required in the combination, but individual containers may have not more than ten percent less than the percentage of Washington No. 1 required, provided that the entire lot averages within the percentage specified.)) (1) To allow for variations incident to proper grading and handling, the following tolerances apply to apricots:

     (a) No more than ten percent of the apricots in any lot may be below grade requirements.

     (b) Serious damage by insects must affect no more than five percent of the apricots in any lot.

     (c) No more than one percent must be affected by decay or internal breakdown.

     (d) In addition, for Washington No. 1 grade, no more than ten percent, by count, of the apricots in any lot may be damaged (but not seriously damaged) by bruising.

     (2) When applying the tolerances in subsection (1) of this section to the Washington combination grade:

     (a) No part of any tolerance must be used to reduce the percentage of Washington No. 1 apricots required for the combination grade.

     (b) However, individual containers may contain forty percent Washington No. 1 grade apricots if the entire lot averages fifty percent.

[Statutory Authority: Chapter 15.17 RCW. 99-17-003, § 16-406-020, filed 8/4/99, effective 9/4/99; Order 1015, Regulation B, filed 4/29/66; Order 771, effective 4/28/58.]

     (4) Washington No. 2 grade. For packages containing ten pounds or less: Not more than ten percent of the samples may contain more than three times the tolerances specified.)) If the averages for the entire lot are within the tolerances specified for the grade, the contents of individual samples are subject to the following limitations:

Package Weight and/or Apricot Grade	With a Tolerance of:	Individual Sample in Any Lot:	Defects Allowed in a Sample
(1) Packages containing more than ten pounds	Ten percent or more	Must have no more than one and one-half times the tolerance specified	No more than one apricot affected by decay or internal breakdown is permitted in any sample.
(2) Packages containing more than ten pounds	Less than ten percent	Must have no more than double the tolerance specified	No more than one apricot affected by decay or internal breakdown is permitted in any sample.
(3) Washington No. 1 grade packages containing ten pounds or less	Ten percent or less	May have more than three times the tolerances specified	At least one defective apricot may be permitted in any sample and one apricot or more than six percent (whichever is the larger amount) may be affected by decay or internal breakdown.
(4) Washington No. 2 grade packages containing ten pounds or less	Ten percent or less	May have more than three times the tolerances specified	N/A

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 03-24-008, § 16-406-025, filed 11/20/03, effective 12/21/03. Statutory Authority: Chapter 15.17 RCW. 99-17-003, § 16-406-025, filed 8/4/99, effective 9/4/99.]

     (These marking requirements do not apply to apricots being sold or shipped to canneries)))

Note:

The marking requirements in this section do not apply to apricots being sold or shipped to canneries.

     (1) When a numerical count is used to pack apricots, the apricots in any container must not vary more than one-quarter inch in diameter.

     (2) To allow for variations incident to proper sizing, no more than ten percent, by count, of the apricots in any package may be below the specified minimum size.

     (3) Numerical count may be used to determine apricot grades.

     (4) When apricots are prepared for market and/or offered for sale in containers (either open or closed), the following information must be clearly stamped on each container:

     (a) Variety;

     (b) Grade;

     (c) Packer's, grower's or shipper's name and address; and

     (d) Count; or

     (e) Net weight and minimum diameter.

[Statutory Authority: Chapter 15.17 RCW. 99-17-003, § 16-406-030, filed 8/4/99, effective 9/4/99; Order 1015, Regulation C, filed 4/29/66; Order 771, effective 4/28/58.]

     (4) Culls shall consist of apricots which are immature or seriously damaged by growth cracks, nail, insect pests, mechanical or other means. (See marking and packing requirements WAC 16-406-030))) The following table identifies apricot grades and describes their characteristics:

WASHINGTON APRICOT GRADES	CHARACTERISTICS
(1) Washington No. 1	Washington No. 1 grade apricots consist of apricots of one variety that are:
	•Mature but not soft
	•Not overripe or shriveled
	•Well formed
	•Visibly clean
	•Free from decay and worm holes
	•Free from damage caused by dirt, limb rubs, growth cracks, bruises, scale, hail, disease, insects or mechanical or other means. (See tolerances WAC 16-407-060.)
(2) Washington No. 2	Washington No. 2 grade apricots consist of apricots of one variety that are:
	•Mature but not soft
	•Not overripe or shriveled
	•Fairly clean
	•Free from decay and worm holes
	•Free from serious damage caused by growth cracks, bruises, hail, insect pests, mechanical or other means. (See tolerances WAC 16-407-060.)
(3) Washington combination	•Washington combination grade consists of a combination of Washington No. 1 and Washington No. 2 grade apricots.
	•Washington combination grade apricots may be packed.
	•When packed, at least fifty percent of the apricots in any container must meet the requirements of Washington No. 1 grade. (See tolerances WAC 16-407-060.)
(4) Culls	•Culls consist of apricots that are immature or seriously damaged by growth cracks, hail, insect pests, mechanical or other means. (See marking and packing requirements WAC 16-406-030.)
	•Cull apricots for fresh market must be clearly marked with the word CULLS, in large letters at least two inches high, on closed type of containers.

[Order 1015, Regulation A, filed 4/29/66; Order 771, effective 4/28/58.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-406-040	Culls for fresh market.
WAC 16-406-050	Definition of terms.

© Washington State Code Reviser's Office