PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-03-037.
Title of Rule and Other Identifying Information: The Washington state department of agriculture's (WSDA) fruit and vegetable inspection program is proposing to amend chapter 16-403 WAC, Standards for apples marketed within the state of Washington.
Hearing Location(s): WSU Tree Fruit Research Center, 1100 North Western Avenue, Wenatchee, WA, on May 23, 2006, at 10:00 a.m.; and at the WSDA Yakima Office, Second Floor Conference Room, 21 North First Avenue, Yakima, WA, on May 24, 2006, at 10:00 a.m.
Date of Intended Adoption: June 7, 2006.
Submit Written Comments to: Debbie Hacker, P.O. Box 42560, Olympia, WA 98504-2560, e-mail dhacker@agr.wa.gov, fax (360) 902-2085, by 5:00 p.m. on May 24, 2006.
Assistance for Persons with Disabilities: Contact the WSDA receptionist by May 17, 2006, at TTY (360) 902-1996 or (360) 902-1996 [902-1976].
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WSDA proposes to (1) update specific areas of the standards for apples marketed within the state of Washington for consistency and continuity with changes in the United States apple grades; and (2) exclude "smooth net-like russet" as a defect for Fuji apples in the Washington state standards.
Reasons Supporting Proposal: These proposed amendments are necessary in order to bring the Washington state grade standards equal to or higher than the existing United States grading standards for apples. In addition, the industry has determined that smooth net-like russeting is indicative of the Fuji variety and should not be considered as a defect.
Statutory Authority for Adoption: Chapter 15.17 WAC, Standards of grades and packs; chapter 34.05 WAC, Administrative Procedure Act.
Statute Being Implemented: Chapter 15.17 WAC, Standards of grades and packs.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The Washington State Horticultural Association (WSHA), grade and pack committee, private.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, (360) 902-1833.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact associated with these rule amendments.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
April 19, 2006
Robert W. Gore
Assistant Director
OTS-8557.1
AMENDATORY SECTION(Amending Order 5033, filed 3/23/94,
effective 4/23/94)
WAC 16-403-145
Red, partial red or blushed
varieties -- Washington extra fancy.
Washington extra fancy
consists of apples of one variety (except when more than one
variety is printed on the container) which are mature but not
overripe, ((carefully hand picked,)) clean, fairly well
formed; free from decay, internal browning, internal
breakdown, scald, scab, ((bitter pit, Jonathan spot,))
freezing injury, visible watercore, and broken skins and
bruises except those which are slight and incident to proper
handling and packing. The apples are also free from injury
caused by smooth net-like russeting, sunburn or spray-burn,
limb rubs, hail, drought spots, scars, disease, insects, or
other means; and free from damage by smooth solid, slightly
rough or rough russeting, or stem or calyx cracks, Jonathan
spot, bitter pit and free from damage by invisible watercore
after January 31st of the year following the year of
production: Provided, That smooth net-like russeting and/or
invisible watercore shall not be a quality factor of Fuji
variety at any time of the year. Each apple of this grade has
the amount of color specified in WAC 16-403-155 for the
variety.
[Statutory Authority: Chapter 15.17 RCW. 94-07-133 (Order 5033), § 16-403-145, filed 3/23/94, effective 4/23/94; Order 1374, § 16-403-145, filed 7/26/74, effective 9/1/74.]
[Statutory Authority: Chapter 15.17 RCW. 94-07-133 (Order 5033), § 16-403-150, filed 3/23/94, effective 4/23/94; Order 1374, § 16-403-150, filed 7/26/74, effective 9/1/74.]
[Statutory Authority: Chapter 15.17 RCW. 92-15-056, § 16-403-160, filed 7/13/92, effective 8/13/92; 86-14-026 (Order 1892), § 16-403-160, filed 6/25/86; Order 1374, § 16-403-160, filed 7/26/74, effective 9/1/74.]
[Order 1374, § 16-403-165, filed 7/26/74, effective 9/1/74.]
[Statutory Authority: Chapter 15.17 RCW. 79-07-068 (Order 1635), § 16-403-170, filed 6/27/79; Order 1374, § 16-403-170, filed 7/26/74, effective 9/1/74.]
(1) Defects: Washington extra fancy, Washington fancy and Washington C grade.
Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half of this amount, or 5 percent, shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown.
(2) When applying the foregoing tolerances to combination grades, no part of any tolerance shall be allowed to reduce, for the lot as a whole, the percent of apples of the higher grade required in the combination.
Combinations requiring 80 percent of the higher grade for the lot shall have not less than 65 percent of the higher grade in individual samples.
Combinations requiring 50 percent of the higher grade for the lot shall have not less than 40 percent of the higher grade in individual samples.
(3) Size. When size is designated by the numerical count
for a container, not more than 5 percent of the apples in the
lot may vary more than ((1/4)) 1/2 inch in diameter. When
size is designated by minimum or maximum diameter or weight,
not more than 5 percent of the apples in any lot may be
smaller than the designated minimum and not more than 10
percent may be larger than the designated maximum.
(4) Firmness. Not more than ten percent of the apples in any lot of Red Delicious, Delicious, Golden Delicious, Jonagold, and Gala varieties shall fail to meet the firmness requirements as defined in WAC 16-403-142.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 02-12-011, § 16-403-190, filed 5/23/02, effective 8/1/02. Statutory Authority: Chapter 15.17 RCW. 92-15-056, § 16-403-190, filed 7/13/92, effective 8/13/92; 90-09-032 (Order 2032), § 16-403-190, filed 4/11/90, effective 5/12/90; 89-14-031 (Order 2012), § 16-403-190, filed 6/28/89, effective 9/1/89; 88-14-128 (Order 1982), § 16-403-190, filed 7/6/88, effective 9/1/88; Order 1374, § 16-403-190, filed 7/26/74, effective 9/1/74.]
Packages which contain more than 10 pounds:
Samples shall have not more than one and one-half times a specified tolerance of 10 percent or more and not more than double a tolerance of less than 10 percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any sample.
Packages which contain 10 pounds or less:
((Not over 10 percent of the samples)) No packages may
have more than three times the tolerance specified, except
that at least ((one)) three defective apples may be permitted
in any ((sample)) package: Provided, That not more than
((one)) three apples or more than ((6)) 18 percent (whichever
is the larger amount) may be seriously damaged by insects or
affected by decay or internal breakdown.
[Statutory Authority: Chapter 15.17 RCW. 88-14-128 (Order 1982), § 16-403-195, filed 7/6/88, effective 9/1/88; Order 1374, § 16-403-195, filed 7/26/74, effective 9/1/74.]
(2) Closed cartons containing apples not tray or cell packed shall be fairly well filledb or the pack shall be sufficiently tight to prevent any appreciable movement of the apples.
(3) Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.
(4) Tolerances: In order to allow for variations incident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these requirements.
| a - | "Fairly tight" means that apples are of the proper size
for molds or cell compartments in which they are packed
and that molds or cells are filled in such a way that no
more than slight movement of apples within molds or cells
is possible. (( |
| b - | "Fairly well filled" means that the net weight of apples in containers ranging from 2,100 to 2,900 cubic inch capacity is not less than 38 pounds for Jonathan, McIntosh and Golden Delicious varieties and not less than 40 pounds for all other varieties. |
[Order 1374, § 16-403-215, filed 7/26/74, effective 9/1/74.]
(a) When the numerical count is not shown, the minimum diameter or minimum weight of individual apples shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eight inch fractions thereof or in terms of whole grams.
(b) When used in combination with minimum diameter as a size designation, the following minimum fruit weights shall be used:
| Red Delicious | Golden Delicious | |||
| 2 1/8 in. or 65 | grams | 63 | grams | |
| 2 1/4 in. or 75 | grams | 70 | grams | |
| 2 3/8 in. or 84 | grams | 82 | grams | |
| 2 1/2 in. or 100 | grams | 95 | grams | |
| 2 5/8 in. or 115 | grams | 109 | grams | |
| 2 3/4 in. or 139 | grams | 134 | grams | |
(2) Over-wrapped consumer units may be marked with count, if all specimens can be counted.
(3) Any of these marks may be placed on either the end or side of the container. (California requires end markings.)
(4) When containers are marked as to number, each container shall contain the correct number of apples designated by the markings.
(5) Grade markings on consumer-type packages must be at least one-fourth inch in height.
(6) Apples which were produced outside of the state of Washington and which are graded, packed, or repacked in the state of Washington, shall be correctly labeled as to the state or country of origin, e.g., "Product of Oregon," "Grown in Oregon," "Produced in Canada."
Such marking shall be placed on the same end or side panel of the container as other markings related to grade, variety, net contents, and name and address of the grower, packer, or distributor, and shall be of similar print size. Consumer type packages shall not be required to bear a statement as to origin when such marking has been placed on the master shipping container.
(7) Containers shall be marked with the harvest year beginning on October 1 of each year and be applied only to apples harvested in the previous year; that this marking shall occur at the time of shipment; and be displayed on the principal display panel with letters of a minimum of one-half inch in height.
[Statutory Authority: Chapter 15.17 RCW. 01-12-079, § 16-403-220, filed 6/5/01, effective 7/6/01; 93-18-065 (Order 5005), § 16-403-220, filed 8/30/93, effective 9/30/93; 92-15-056, § 16-403-220, filed 7/13/92, effective 8/13/92; Order 1374, § 16-403-220, filed 7/26/74, effective 9/1/74.]
(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or barklike russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:
(i) Russeting which is excessively rough or rough on green and yellow varieties.
(ii) Smooth net-like russeting, when an aggregate area of more than 15 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.
(iii) Smooth solid russeting when an aggregate area of more than 5 percent of the surface is covered and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.
(iv) Slightly rough russeting which covers an aggregate area of more than one-half inch.
(v) Rough russeting in the red and partial red varieties which covers an aggregate area of more than one-fourth inch in diameter.
(b) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.
(c) Limb rubs which affect a total area of more than one-half inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.
(d) Hail marks, drought spots, other similar depressions or scars:
(i) When any unhealed mark is present;
(ii) When any surface indentation exceeds one-eighth inch in depth;
(iii) When the skin has not been broken and the aggregate affected area exceeds one-half inch in diameter; or
(iv) When the skin has been broken and well healed, and the aggregate affected area exceeds one-fourth inch in diameter.
(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-fourth inch.
(f) Invisible watercore existing around the core and extending to watercore in the vascular bundles; or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce; or existing in more than slight degree outside the circular area formed by the vascular bundles.
(g) Disease:
(i) Scab spots which affect a total area of more than one-fourth inch in diameter.
(ii) Cedar rust infection which affects a total area of more than one-fourth inch in diameter.
(iii) Sooty blotch or fly speck which is thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.
(iv) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.
(v) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple.
(h) Insects:
(i) Any healed sting or healed stings which affect a total area of more than three-sixteenths inch in diameter including any encircling discolored rings.
(ii) Worm holes.
[Order 1374, § 16-403-270, filed 7/26/74, effective 9/1/74.]
The following section of the Washington Administrative Code is repealed:
| WAC 16-403-255 | Carefully hand picked. |
OTS-8733.1
AMENDATORY SECTION(Amending Order 1982, filed 7/6/88,
effective 9/1/88)
WAC 16-403-140
Washington state standards for apples.
Washington state standard apple grades for extra fancy and
fancy shall be equivalent to or better than the U.S. standards
for grades of apples, except the Fuji variety, effective
September 1, 1964, as amended October 1, 1966, July 25, 1972,
and March 25, 1976, for U.S. extra fancy and U.S. fancy. Apples meeting the foregoing grades may be marked either with
the proper Washington or U.S. grade, or both. In no case
shall the grade and condition requirements thereof be
interpreted as less than those standards required by said U.S.
standards for grades of apples for the comparable Washington
grade and variety.
[Statutory Authority: Chapter 15.17 RCW. 88-14-128 (Order 1982), § 16-403-140, filed 7/6/88, effective 9/1/88; Order 1374, § 16-403-140, filed 7/26/74, effective 9/1/74.]