WSR 05-16-116

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 3, 2005, 9:13 a.m. ]

Title of Rule and Other Identifying Information: WAC 16-414-155 What specific defects are considered serious to Washington standards for sulphured cherries?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2092, or e-mail ghuffman@agr.wa.gov , AND RECEIVED BY October 3, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department recently adopted rewritten cherry standards (chapter 16-414 WAC, Washington standards for cherries). The chapter was rewritten and reformatted so it was easier to understand and use. No requirements were changed. During the rewrite, the word "damage" was inadvertently omitted from the section title for WAC 16-414-155. The correct title should read: "What specific defects are considered serious damage to Washington standards for sulphured cherries?" The word "damage" was also inadvertently omitted from the first sentence of the section. The corrected sentence should read: "The defects listed in the following table are considered serious damage." The purpose of this filing is to permanently add the omitted words "damage" to WAC 16-414-155.

Reasons Supporting Proposal: This housekeeping amendment is necessary to eliminate any ambiguity and confusion in the mind of someone reading WAC 16-414-155.

Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

Statute Being Implemented: Chapter 15.17 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington State Department of Agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, Washington, (360) 902-1833.

August 3, 2005

Robert W. Gore

Assistant Director

Commodity Inspection Division

OTS-8247.1


AMENDATORY SECTION(Amending WSR 05-12-037, filed 5/25/05, effective 6/25/05)

WAC 16-414-155   What specific defects are considered serious damage to Washington standards for sulphured cherries?   The defects listed in the following table are considered serious damage:


DEFECT DESCRIPTION
(1) Deformed cherry or double cherry Any deformed sulphured cherry or double sulphured cherry is considered serious damage.
(2) Mechanical injury Mechanical injury to Washington No. 2 whole cherries is considered serious damage if it causes any:
Open pitter holes;
Pitter hole where there is a serious loss of flesh;
Pitter tears; or
Other mechanical injury that seriously affects the cherry's appearance.
(3) Mechanical injury Mechanical injury to Washington No. 2 halved cherries is considered serious damage if it causes any:
Open pitter holes;
Pitter hole where there is a serious loss of flesh;
Pitter tears; or
Other mechanical injury that seriously affects the cherry's appearance.
(4) Surface discoloration Surface discoloration is considered serious damage when any:
Light surface discoloration exceeds, in the aggregate, 1/2 of the cherry's surface; or
Dark surface discoloration exceeds, in the aggregate, 1/8 of the cherry's surface.
(5) Rain cracks Rain cracks on Washington No. 2 whole cherries are considered serious damage if:
In the stem basin and more than 1/2 inch in length; or
Outside the stem basin and more than 3/8 of an inch in length, measured on the circumference.
(6) Rain cracks Rain cracks on Washington No. 2 halved cherries are considered serious damage if:
In the stem basin and more than 1/4 inch in length; or
Outside the stem basin more than 3/16 of an inch in length, measured on the circumference.
(7) Blemished Any blemish or combination of blemishes are considered serious damage if they seriously:
Affect the appearance of the cherry; or
Discolor the flesh of the cherry.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-12-037, 16-414-155, filed 5/25/05, effective 6/25/05.]

Washington State Code Reviser's Office