PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-04-094.
Title of Rule: Rules relating to standards for apricots, chapter 16-406 WAC.
Purpose: (1) Specify grade tolerance for the lot and the application of tolerances for containers, (2) amend the marking requirements to allow the content in the container to be marked with a count, or net weight and minimum diameter, (3) clarify the language pertaining to size designation by adding "or larger" and "may" to specify the size designation.
Statutory Authority for Adoption: Chapter 15.17 RCW.
Statute Being Implemented: RCW 15.17.030.
Summary: Agency response to industry request and concerns in regards to uniformity in the grades, packing and marking requirements. The revisions will improve and enhance the marketing of fresh Washington apricots. The consuming public will be served by improved product quality and uniformity while allowing product packaging the flexibility to be responsive to market changes.
Reasons Supporting Proposal: Request from Industry, Washington Apricot Marketing Committee, Growers, Shippers/ Packers.
Name of Agency Personnel Responsible for Drafting: Bob Gonzales, Olympia, Washington, (360) 902-1832; Implementation and Enforcement: Jim Quigley, Olympia, Washington, (360) 902-1833.
Name of Proponent: Washington Apricot Marketing Committee, public.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Agency supports industry request.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the rule is to clarify the application of the grade tolerances in reference to the lot and individual sample containers. In the current standards, there is no specifications for the application of the lot tolerances to individual sample containers. It also clarifies the definition of diameter when applying the "large" and "small" size designation. The addition of the language "or larger" and "may" specifies a minimum diameter and larger is allowed, and when the minimum diameter is specified, it is not mandatory for the size designation of "large" and "small" to be marked on the container. The marking requirements will allow for the contents within a container to be marked with a count designation, or with a net weight and minimum diameter designation. Currently, the content marking requirements of containers designating count must also designate the net weight in the container.
Proposal Changes the Following Existing Rules: The application of tolerances to individual sample containers is now specified, and makes provision for small containers of ten pounds or less. The marking of the content within a container now allows for the marking of count only instead of both count and net weight.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule change does not change the grade tolerances for apricots, and the marking requirements is not an increased burden to the packer and/or shipper.
Hearing Location: Agricultural Service Center, Main Conference Room, 2nd Floor, 21 North First Avenue, Yakima, WA 98902, on May 26, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen, (360) 902-1996.
Submit Written Comments to: Jim Quigley, Program Manager, Washington State Department of Agriculture Commodity Inspection, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by May 26, 1999.
Date of Intended Adoption: July 9, 1999.
April 6, 1999
Robert W. Gore
Assistant Director
OTS-3010.1
AMENDATORY SECTION(Amending Order 1015, Regulation B, filed 4/29/66)
WAC 16-406-020
Tolerances.
(1) In order to allow for variations incident to proper
grading and handling, not more than a total of ten percent of the apricots in any ((container)) lot
may be below the requirements of grade, provided that not more than five percent shall be
seriously damaged by insects, and not more than one percent shall be allowed for decay or
internal breakdown: Provided, That in addition in Washington No. 1 not 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 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.
[Order 1015, Regulation B, filed 4/29/66; Order 771, effective 4/28/58.]
(1) The contents of individual samples are subject to the following limitations: Provided, That the averages for the entire lot are within the tolerances specified for this grade.
(2) For packages which contain more than ten pounds, and a tolerance of ten percent or more is provided, individual samples in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than ten pounds and a tolerance of less than ten percent is provided, individual samples in any lot shall have not more than double the tolerance specified: Provided, That not more than one apricot which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any sample.
(3) Washington No. 1 grade. For packages containing ten pounds or less: Not more than ten percent of the samples may have more than three times the tolerances specified, except that at least one defective apricot may be permitted in any sample: Provided, That not more than one apricot or more than six percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.
(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.
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(1) When the numerical count is used, the apricots in any container shall not vary more than one fourth inch in diameter. In order to allow for variations incident to proper sizing, not more than ten percent, by weight, of the apricots in any package may be below the minimum size specified except when in packed containers when the variation in size in the individual package does not exceed one fourth inch in diameter. The determination of grade may be made on the count basis.
(2) When apricots are prepared for market and/or offered for sale in containers, open or
closed, such containers shall have stamped thereon the variety, grade, and packer's, grower's or
shipper's name and address, ((and the net weight)) count, or net weight and minimum diameter.
(These marking requirements do not apply to apricots being sold or shipped to canneries)
[Order 1015, Regulation C, filed 4/29/66; Order 771, effective 4/28/58.]
As used in these grades:
(1) "Mature" means having reached the stage of maturity which will insure a proper completion of the ripening process.
(2) "Well formed" means having the shape characteristic of the variety.
(3) "Damage" means that the apricot is injured to an extent readily apparent in the process of proper grading and handling. Well healed growth cracks not over three eighths of an inch in length, punctures not over three sixteenths of an inch in diameter, stem pulls not over three-eighths of an inch in diameter (except for the Riland variety - growth cracks not over three-eighths of an inch in length, punctures not over one-fourth of an inch in diameter and stem pulls not over one-half inch in diameter) or smooth shallow limb rubs not more than one-fourth of an inch in diameter or russeting affecting not to exceed one-tenth of the surface of the apricot shall not be regarded as damage. Bruises not to exceed five percent of the surface of the apricot shall not be regarded as damage.
(4) Hail marks that are shallow and superficial or not more than three-eighths of an inch in diameter in the aggregate, or when the skin has been broken, except that not to exceed one well healed hail mark, such mark not to exceed one-eighth of an inch in diameter will not be considered as damage.
(5) "Serious damage" means immaturity, or any deformity or injury which causes breaking of the skin in excess of three-eighths of an inch in diameter or which seriously affects the appearance, but well healed growth cracks, not over one-half inch in length, shall not be regarded as serious damage. Except for the Riland variety - growth cracks that are not well healed and not over one-half inch in length shall not be regarded as serious damage. Bruises not to exceed ten percent of the surface of the apricot shall not be regarded as serious damage. Hail marks that are not more than three-sixteenth of an inch deep, or not more than one-half of an inch in diameter in the aggregate or when the skin has been broken, except that not to exceed four well healed hail marks, each such mark not to exceed one-eighth of an inch in diameter, will not be considered as serious damage.
(6) "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. Apricots having a diameter of
one and one-half inches or larger, ring measurement, ((shall)) may be considered large, while the
apricots having a diameter of less than one and one-half inches ((shall)) may be designated as
small.
(7) The following will be taken into consideration in determining maturity:
(a) Ambering--Replacement of the green color of the flesh immediately around the pit by an amber shade is recognized by many authorities on apricots as an indicator of maturity.
(b) Springiness--This condition develops in connection with the separation of the flesh from the pit and is an indication that the fruit is reaching proper tree maturity for picking for fresh shipment. Springiness may be detected by external pressure on the fruit or by 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.
(c) Taste--On a tree whose fruit is ready for harvest for fresh shipment it is usually impossible to find at least an occasional fruit which has lost sufficient of its green taste to be fairly palatable. In using this test, do not be misled by fruits which may be maturing abnormally because of worm infestation.
(d) Separation of fruit from stem--The manner in which fruit may be separated from its stem is some indication of maturity, the more immature fruit tending to tear the adjacent skin and flesh more than fruit which is near proper maturity.
(8) The following varieties shall not be considered to have reached that stage of maturity which will insure a proper completion of the ripening process until they have developed characteristic turning or yellow (shades Nos. 3 or 4 on U.S. standard ground color chart) on the minimum percentage of surface area as stated opposite the varietal name:
| Moorpark | —20% | |
| Gilbert or Newcastle | —50% | |
| Tilton | —40% | |
| Blenheim | —40% | |
| Royal | —40% |
[Order 1015, Regulation E, filed 4/29/66; Order 771, effective 4/28/58.]