PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-22-068.
Title of Rule and Other Identifying Information: The department of agriculture is proposing to amend chapter 16-409 WAC, Standards for asparagus.
Hearing Location(s): Educational Service District 123, 3918 West Court Street, Pasco, WA 99301, on Friday, January 26, 2007, at 10:00 a.m.
Date of Intended Adoption: March 1, 2007.
Submit Written Comments to: Maryann Connell, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mconnell@agr.wa.gov, fax (360) 902-2085, by 5:00 p.m., January 26, 2007.
Assistance for Persons with Disabilities: Contact the Washington state department of agriculture receptionist by January 19, 2007, TDD (360) 902-1996 or (360) 902-1976.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend chapter 16-409 WAC, Standards for asparagus, by making changes relevant to grades, size requirements, and fresh asparagus containers, in order to increase marketing opportunities for asparagus growers.
Reasons Supporting Proposal: These amendments will allow asparagus growers, packers and shippers to market asparagus in accordance with U.S.D.A. grade standards and sizes. Additionally, entities would be allowed to pack and market in various types of containers that may be requested or required by buyers and the consuming public.
Statutory Authority for Adoption: Chapter 15.17 RCW, Standards of grades and packs and chapter 34.05 RCW, Administrative Procedure Act.
Statute Being Implemented: Chapter 15.17 RCW, Standards of grades and packs.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The Washington asparagus commission and Washington state department of agriculture, governmental.
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).
December 19, 2006
Dennis Hannapel
Assistant Director
OTS-9441.1
AMENDATORY SECTION(Amending WSR 05-10-092, filed 5/4/05,
effective 6/4/05)
WAC 16-409-020
((What)) Standards that apply to all
asparagus marketed within Washington state((?)).
Any lot of
fresh asparagus, including "culls," marketed within Washington
state must have no more than ten percent of the stalks that((:
(1))) have white in excess of two inches((; and
(2) Are less than 4/16 inch in diameter)).
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-020, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. 97-05-054 (Order 6015), § 16-409-020, filed 2/19/97, effective 3/22/97; 97-01-081 (Order 6008), § 16-409-020, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-020, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-020, filed 3/1/83; Order 795, Regulation 2(1), (2), effective 2/16/60.]
| Washington Asparagus Grades: | ||||||
| Stalk Characteristics: | "Extra Fancy Grade Asparagus" | "Extra Fancy Grade Asparagus Tips" | "Fancy Grade Asparagus" | "Consumer Pack Asparagus" | "Culls" | |
| Stalks must be: | ||||||
| (a) | Clean; | Yes | Yes | Yes | Yes | No |
| (b) | Fresh; | Yes | Yes | Yes | Yes | No |
| (c) | Fairly uniform in length; | Yes | Yes | Yes | Yes | No |
| (d) | Well trimmed; | Yes | Yes | No | No | No |
| (e) | Fairly well trimmed; | No | No | Yes | Yes | No |
| (f) | Fairly straight; | Yes | Yes | No | Yes | No |
| (g) | Not wilted; | Yes | Yes | Yes | Yes | No |
| (h) | Not badly misshapen; | No | No | Yes | No | No |
| (i) | Free from decay; | Yes | Yes | Yes | Yes | No |
| (j) | Free from damage caused by spreading or broken tips, dirt, disease, insects, or mechanical or other means; | Yes | Yes | Yes | Yes | No |
| (k) | At least eighty-five percent green in color; | Yes | No | Yes | Yes | No |
| (l) | All green. | No | Yes | No | No | No |
(a) Is not graded in conformity with Washington extra fancy, Washington extra fancy tips, Washington fancy, Washington consumer pack, or U.S. No. 1, or U.S. No. 2; and
(b) Must not be marketed if more than ten percent by count of the stalks show white in excess of two inches.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-022, filed 5/4/05, effective 6/4/05.]
| (( |
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(2) Extra large: Stalks at least 10/16 inch in diameter.
(3) Large: Stalks at least 7/16 inch in diameter.
(4) Standard: Stalks at least 5/16 inch in diameter.
(5) Small: Stalks less than 5/16 inch in diameter.
(6) All size designations, as defined in WAC 16-409-024, may be packed in all grades and in all containers.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-024, filed 5/4/05, effective 6/4/05.]
(2) The department's modifications to the U.S. standards are as follows:
(a) U.S. No. 1 must ((be at least 6/16 inch in diameter
and must)) meet or exceed Washington extra fancy grade
requirements.
(b) U.S. No. 2 must ((be at least 4/16 inch in diameter
and must)) meet or exceed Washington fancy grade requirements.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-026, filed 5/4/05, effective 6/4/05.]
| Washington Asparagus Grades to Which Tolerances Apply | Defect, color and trim tolerances adopted for Washington asparagus | Diameter and length tolerances adopted for Washington asparagus | ||
| Washington extra fancy Washington extra fancy tips Washington fancy Washington consumer pack |
To allow for variations incident to proper grading and handling, the following tolerances are adopted: | To allow for variations in diameter and length incident to proper sizing, the following tolerances are adopted: | ||
| (1) | Ten percent, by count, for stalks failing to meet grade requirements other than for trim and color, including no more than one percent for decayed stalks. | (1) | Ten percent, by count, for stalks failing to meet the required minimum and maximum diameter defined in WAC 16-409-015 ("fairly uniform in length"). | |
| (2) | An additional ten percent, by count, for stalks having less than the required amount of green color. | (2) | Ten percent, by count, for stalks failing to meet the required length as established in WAC 16-409-022. | |
| (3) | An additional ten percent, by count, for stalks not meeting trim requirements. | |||
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-030, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-030, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-030, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-030, filed 3/1/83; Order 795, Regulation 2(3), (4), effective 2/16/60.]
(2) Individual containers:
(a) May contain one decayed or otherwise defective stalk, one poorly trimmed stalk, one poorly colored, and one off-size stalk.
(b) Must have no more than one and one-half times the tolerance specified when a tolerance is ten percent or more.
(c) Must have no more than double the tolerance specified when a tolerance is less than ten percent.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-035, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. 85-07-028 (Order 1848), § 16-409-035, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-035, filed 3/1/83.]
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(2) All fresh asparagus must not be marketed in field containers.
(3) For testing or trial marketing purposes, the director may allow the use of any experimental container.
(4) Culls must be marketed in wooden pyramid containers with moisture pads.
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-065, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-065, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-065, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-065, filed 3/1/83.]
(2) Containers must be conspicuously and legibly marked with the:
(a) Name and address of the grower, packer, or distributor;
(b) Grade;
(c) Net weight; and
(d) Size designation or diameter size as defined in WAC 16-409-024.
(3) The grade and size designation required in subsection (2) of this section must be marked in letters at least 3/8 inch in height.
(4) The following abbreviations of grade and size designation are acceptable:
(a) Washington as Wash. or WA.
(b) Extra fancy as ex fcy or extra fcy.
(c) Fancy as fcy.
(d) Jumbo as jbo.
(e) Extra large as ex lge.
(f) Large as lge.
(((e))) (g) Standard as std.
(h) Small as sm.
(5) The use of U.S. No. 1 or U.S. No. 2 grade markings is permissible subject to the requirements in WAC 16-409-026.
(6) If culls are marketed:
(((a))) The word "culls" must be:
(((i))) (a) Conspicuously and legibly marked in letters
at least one inch in height; and
(((ii))) (b) Predominant in size over any other markings
on the container.
(((b) They must be marketed only in wooden pyramid
containers with moisture pads.))
[Statutory Authority: Chapters 15.17 and 34.05 RCW. 05-10-092, § 16-409-070, filed 5/4/05, effective 6/4/05. Statutory Authority: Chapter 15.17 RCW. 97-01-081 (Order 6008), § 16-409-070, filed 12/17/96, effective 1/17/97; 85-07-028 (Order 1848), § 16-409-070, filed 3/15/85; 83-06-049 (Order 1787), § 16-409-070, filed 3/1/83; Order 795, Regulation 3, effective 2/16/60.]