WSR 05-16-034

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 27, 2005, 9:10 a.m. , effective July 27, 2005 ]


Purpose: The department recently adopted rewritten apricot standards (chapter 16-406 WAC, Washington standards for apricots). The chapter was rewritten and reformatted so it was easier to understand and use. No requirements were changed. During the rewrite, the following language was inadvertently deleted from Table 1 in WAC 16-406-015: "(2) Any deformity or injury causing the skin to break more than 3/8 of an inch in diameter or which seriously affects the apricot's appearance." The purpose of this filing is to add the deleted language to Table 1. This emergency filing is important because the apricot harvest is currently taking place in Washington state and the language that was inadvertently deleted is important to the department's fruit inspectors who are inspecting harvested apricots. The department plans to use the permanent rule adoption process to permanently restore the deleted language to WAC 16-406-015, Table 1.

Citation of Existing Rules Affected by this Order: Amending WAC 16-406-015.

Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This emergency filing is important because the apricot harvest is currently taking place in Washington state and the language that was inadvertently deleted is important to the department's fruit inspectors who are inspecting harvested apricots.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: July 27, 2005.

William E. Brookreson

Deputy Director

OTS-8246.1


AMENDATORY SECTION(Amending WSR 05-12-036, filed 5/25/05, effective 6/25/05)

WAC 16-406-015   What is considered "damage" and "serious damage" to apricots?   The following tables explain the differences between "damage" and "serious damage" as applied to apricots:

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

Except for the Riland variety, the following are considered damage: Except for the Riland variety, the following are considered serious damage:
(1) Well-healed growth cracks over 3/8 of an inch in length. (1) Well-healed growth cracks that are more than 1/2 inch in length.
(2) Punctures over 3/16 of an inch in diameter. (2) Any deformity or injury causing the skin to break more than 3/8 of an inch in diameter or which seriously affects the apricot's appearance.
(3) Stem pulls over 3/8 of an inch in diameter.
(4) Smooth shallow limb rubs more than 1/4 of an inch in diameter.
(5) Russeting affecting more than ten percent of the apricot's surface.
(6) Bruises exceeding five percent of the apricot's surface. (((2))) (3) Bruises exceeding ten percent of the surface of the apricot.
(7) Hail marks that are: (((3))) (4) Hail marks that are more than:
(a) Not shallow and superficial; or (a) 3/16 of an inch deep; or
(b) More than 3/8 of an inch in diameter in the aggregate; or (b) 1/2 of an inch in diameter in the aggregate; or
(c) More than 1/8 inch in diameter when the skin has been broken. (c) 1/2 inch in diameter when the skin has been broken.

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

For the Riland variety, the following are considered damage: For the Riland variety, the following are considered serious damage:
(1) Growth cracks exceeding 3/8 inches in length. (1) Growth cracks that are not well healed and are more than 1/2 inch in length.
(2) Punctures exceeding 1/4 of an inch in diameter.
(3) Stem pulls exceeding 1/2 inch in diameter.
(4) Smooth shallow limb rubs more than 1/4 of an inch in diameter.
(5) Russeting affecting more than ten percent of the apricot's surface.
(6) Bruises exceeding five percent of the apricot's surface. (2) Bruises exceeding ten percent of the surface of the apricot.
(7) Hail marks that are: (3) Hail marks that are more than:
(a) Not shallow and superficial; or (a) 3/16 of an inch deep; or
(b) More than 3/8 of an inch in diameter in the aggregate; or (b) 1/2 of an inch in diameter in the aggregate; or
(c) More than 1/8 inch in diameter when the skin has been broken. (c) 1/2 inch in diameter when the skin has been broken.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-12-036, 16-406-015, filed 5/25/05, effective 6/25/05.]

Washington State Code Reviser's Office