EXPEDITED RULES
Title of Rule and Other Identifying Information: Chapter 16-436 WAC, Washington standards for peaches, this chapter
establishes the requirements and standards for Washington
grown fresh peaches.
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 Jim Quigley, Washington State Department of Agriculture, P.O. Box 14560, Olympia, WA 98504-2560 , AND RECEIVED BY June 4, 2007.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal is the result of the department's ongoing commitment to review and revise its rules, when necessary, as mandated by Executive Order 97-02. The purpose of this filing is to use the expedited rule-making process to rewrite the peach standards in a clear and usable format in order to clarify the language of the rule. Two sections of the chapter (WAC 16-436-002 Promulgation and 16-436-003 Promulgation) will be repealed because the rules represent an outdated method of rule writing that is no longer used and are no longer necessary. WAC 16-436-150 Cull peach requirements, will be repealed and the language merged with WAC 16-436-140 Cull peaches. WAC 16-436-166 Tolerances -- Size, will be repealed and the language added to WAC 16-436-160 and 16-436-165. WAC 16-436-200 Definitions, will be repealed and replaced with WAC 16-436-060 Definitions, at the beginning of the chapter. WAC 16-436-225 will be repealed and the language moved to WAC 16-436-080 Standards and grades of Washington grown peaches. WAC 16-436-230 Effective date, will be repealed because this rule is no longer necessary. No proposed amendments change the rules' effects.
Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [Department of agriculture], governmental.
Name of Agency Personnel Responsible for Drafting: Teresa Norman, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2043; Implementation and Enforcement: Jim Quigley, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1833.
April 3, 2007
Dennis Hannapel
Assistant Director
OTS-9347.2
NEW SECTION
WAC 16-436-060
Definitions.
The following definitions
are important to this chapter, and where appropriate, apply to
all Washington state commercial grades of peaches:
"At destination" means the final point of delivery by a commercial carrier or the wholesale or retail facility where the peaches are held.
"Damage" means any injury or defect that materially affects a peach's appearance, edible quality, or shipping quality.
"Department" means the Washington state department of agriculture.
"Diameter" means the greatest distance measured through the center of the peach at right angles to a line running from the stem to the blossom end.
"Director" means the director of the department or the director's designee.
"En route" means the peaches have left their original shipping point and are in transit or are being held in an intermediate storage facility before arriving at their final destination.
"Fairly well formed" means that the shape of the peach must be consistent with the characteristic shape of the variety and must not be so misshapen that the appearance is more than moderately affected.
"Loose or jumble pack" means the peaches are not placed in the container in cups, compartments, or trays.
"Mature" means a peach has reached a stage of growth that will ensure a proper completion of the ripening process.
"Not badly misshapen" means a peach may be more irregularly shaped than "fairly well formed" but must not be deformed as to seriously affect its utility or general appearance.
"Serious damage" means any injury or defect that seriously affects the appearance, edible quality, or shipping quality of the peach.
"Soft or overripe" means a peach has very little resistance to pressure. Such peaches are also called "dead ripe."
"Standard peach box" means a container with minimum inside dimensions of 4-1/4 to 6 inches by 11-1/2 to 16 inches.
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(a) Washington extra fancy;
(b) Washington fancy;
(c) Washington combination extra fancy and fancy; and
(d) Cull peaches.
(2) In addition to the standards contained in this chapter for Washington grown peaches, the department adopts the United States Standards for Grades of Peaches, effective May 21, 2004, for use by producers or shippers. Peaches must meet the Washington state standards contained in this chapter.
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(a) Mature, but not soft or overripe;
(b) Fairly well formed; ((and which are))
(c) Free from decay, broken skin, worms, or worm holes;
((and))
(d) Free from damage caused by bruises((;)), dirt or
other foreign material((;)), bacterial spot((;)), scab((;)),
scale((;)), growth cracks((;)), hail injury((;)), leaf or limb
rubs ((or)), russeting((;)), split pits((;)), stem pull((;)),
rough suture((;)), and other diseases, insects or mechanical
or other means.
(2) ((Size. Such peaches shall measure not less than
2-1/4 inches in diameter: Provided, That such peaches shall
also meet requirements of WAC 16-436-187 Minimum size. Definitions for the above grade will be found under WAC 16-436-160, 16-436-180, 16-436-185, 16-436-190, 16-436-200,
16-436-210, and 16-436-220.)) Washington extra fancy peaches
must be at least 2-1/4 inches in diameter and must also meet
the minimum size requirements of WAC 16-436-187.
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-100, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-100, filed 5/16/88; Order 1203, § 16-436-100, filed 5/14/71, effective 6/14/71.]
(a) Split pits ((not to exceed)) no more than 3/8 inch in
length ((shall be)) are allowed((.)); and
(b) Damage, but not serious damage, for rough suture
((shall be)) is allowed ((in this grade)).
(2) ((Size. Such)) Washington fancy peaches ((shall
measure not less than)) must be at least 2-1/4 inches in
diameter((: Provided, That such peaches shall)) and must also
meet the minimum size requirements of WAC 16-436-187 ((Minimum
size. Definitions for the above grade will be found under WAC 16-436-165, 16-436-180, 16-436-185, 16-436-190, 16-436-200,
16-436-210, and 16-436-220)).
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-110, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-110, filed 5/16/88; Order 1212, § 16-436-110, filed 9/17/71, effective 10/18/71; Order 1203, § 16-436-110, filed 5/14/71, effective 6/14/71.]
(2) Containers must be marked "Washington combination
extra fancy and fancy" and must contain at least ((75%))
seventy-five percent Washington extra fancy peaches. ((Definitions for the above grade will be found under WAC 16-436-160, 16-436-180, 16-436-185, 16-436-190, 16-436-200,
16-436-210, and 16-436-220.))
[Order 1203, § 16-436-120, filed 5/14/71, effective 6/14/71.]
(1) The words "cull peaches" must be marked clearly and legibly in at least 2-1/2 inch letters on the top and side of the container and on any container label.
(2) The container lid or labels must be marked in at least 1/2 inch letters with the:
(a) Name and address of the grower, shipper, or packer;
(b) Variety;
(c) Minimum diameter; and
(d) Net weight.
(3) Peaches identified as culls must be packed in one-bushel baskets with lids and ring faced with the peaches in the ring representative of the size and quality of those in the container.
(4) Every bill of lading, invoice, memorandum, or other document referring to the peaches must identify the peaches as culls.
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-140, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-140, filed 5/16/88; Order 1203, § 16-436-140, filed 5/14/71, effective 6/14/71.]
(1) Not more than ((10% by count,)) ten percent of the
peaches in any lot may fail to meet ((the)) grade requirements
((of this grade but)).
(a) Not more than ((1/2 of this amount, or 5%, shall be))
five percent is allowed for defects causing serious damage((,
as defined under WAC 16-436-220, and)).
(b) Not more than ((1/5 of this amount, or 1%, shall be))
one percent is allowed for decay at the shipping point((:
Provided,)).
(2) At the time of packing, an additional tolerance of
not more than ((10% by count, of the peaches)) ten percent is
allowed in any lot ((may be damaged)) for damage, but not
((seriously damaged)) serious damage, by bruising ((at packing
time as defined under WAC 16-436-210 and 16-436-220)).
(3) Not more than ten percent of the peaches in any lot may be below the specified minimum size.
(4) Not more than fifteen percent of the peaches in any lot may be above any specified maximum size.
(5) When applying ((the foregoing)) these tolerances to
((the)) combination grades, no part of any tolerance ((shall
be)) is allowed to reduce, for the lot as a whole, the ((75%))
seventy-five percent of peaches of the higher grade required
in the combination((, but)). Individual containers ((shall))
must have ((not less than 65%)) at least sixty-five percent of
the higher grade.
(6) En route or at destination, an additional tolerance
of ((2% shall be)) two percent is allowed for soft, overripe,
or decayed peaches ((en route or at destination as defined
under WAC 16-436-200)).
[Statutory Authority: Chapter 15.17 RCW. 88-11-048 (Order 1977), § 16-436-160, filed 5/16/88; Order 1203, § 16-436-160, filed 5/14/71, effective 6/14/71.]
(1) Not more than ((20% by count)) twenty percent of the
peaches in any lot may fail to meet the grade requirements
((of this grade, but)).
(a) Not more than ((1/4 of this amount, or 5% shall be))
five percent is allowed for defects causing serious damage((,
as defined under WAC 16-436-220 and)).
(b) Not more than ((1/5 of this amount, or 1% shall be))
one percent is allowed for decay ((at shipping point)).
(2) Not more than ten percent of the peaches in any lot may be below the specified minimum size.
(3) Not more than fifteen percent of the peaches in any lot may be above any specified maximum size.
(4) En route or at destination, an additional tolerance
of ((2% shall be)) two percent is allowed for soft, overripe,
or decayed peaches ((en route or at destination as defined
under WAC 16-436-200)).
[Statutory Authority: Chapter 15.17 RCW. 88-11-048 (Order 1977), § 16-436-165, filed 5/16/88.]
(1))) The contents of individual packages of peaches in
((the)) a lot((, based on sample inspection,)) are subject to
the following limitations((: Provided,)) as long as the
average((s)) for the entire lot ((are)) of peaches of a
specific grade is within the tolerances specified for ((this))
that grade.
(((2) For)) (1) Packages ((which contain)) containing
more than ((10)) ten pounds((, and)) with a tolerance of
((10%)) ten percent or more ((is provided, individual packages
in any lot shall)) must have ((not)) no more than 1-1/2 times
the tolerance specified. ((For))
(2) Packages ((which contain)) containing more than
((10)) ten pounds ((and)) with a tolerance of less than ((10%
is provided, individual packages in any lot shall)) ten
percent must have ((not)) no more than double the tolerance
specified.
(3) ((For)) Packages ((which contain 10)) containing ten
pounds or less((, individual packages in any lot)) are not
restricted as to the percentage of defects and sizes((:
Provided, That not more than)). However, only one peach
((which)) that is seriously damaged by insects or affected by
decay may be ((permitted)) in any package.
[Order 1203, § 16-436-180, filed 5/14/71, effective 6/14/71.]
(1) Each package ((shall)) must be packed so that the
peaches in the shown face ((shall be)) are reasonably
representative in size, color, and quality of the contents
((of)) in the package.
(2) ((Baskets.)) Peaches packed in U.S. Standard bushel
baskets((,)) or half-bushel baskets ((shall)) with lids must
be ring faced and tightly packed with sufficient bulge to
prevent any appreciable movement of the peaches within the
packages ((when lidded)).
(3) ((Boxes.)) Peaches packed in standard western boxes
((shall)) must comply with the following:
(a) The peaches must be reasonably uniform in size and
arranged in ((the)) packages, such as tray packed, place
packed, or jumble filled, according to the approved and
recognized methods.
((Each)) (b) When wrapped, each peach ((shall)) must be
fairly well enclosed by its individual wrapper.
(c) All packages ((shall)) must be well filled and
tightly packed but the contents ((shall)) must not show
excessive or unnecessary bruising because of being over-filled
((packages)).
(d) The number of peaches ((in the box shall)) must not
vary by more than ((4)) four from the number indicated on the
((box)) container.
(((4) Peaches packed in other type boxes such as
fibre-board boxes or corrugated cartons may be place packed,
or jumble packed faced, and all packs shall be well filled.
(5) Peaches packed in boxes equipped with cell compartments or molded trays shall be of the proper size for the cells or the molds in which they are packed.
(6) Peaches placed in individual paper cups and packed in boxes shall be in cups of the proper size for the peaches.
(7) In order to allow for variations incident to proper packing, not more than 10% of the packages in any lot may not meet these requirements.))
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-185, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-185, filed 5/16/88; Order 1203, § 16-436-185, filed 5/14/71, effective 6/14/71.]
(2) Fresh peaches of any variety must be at least 2-1/4
inches in diameter when packed and marketed in ((the)) a
standard peach box ((shall measure not less than 2 1/4 inches
in diameter)).
(3) Fresh Elberta varieties of peaches ((of the Elberta
varieties)) must be at least 2-1/4 inches in diameter when
marketed in any container ((shall measure not less than 2 1/4
inches in diameter)).
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-187, filed 5/20/92, effective 6/20/92.]
(1) All containers ((shall)) must be conspicuously and
legibly stamped with the:
(a) Name and address of the grower, shipper or packer((,
the));
(b) Fruit variety((,));
(c) Grade((,)); and
(d) Numerical count((,)) or minimum diameter.
(2) When the numerical count is not shown on the
container, the minimum diameter and net weight ((shall)) must
be plainly stamped or otherwise marked on the container.
(3) Minimum size must be stated on the container in terms of:
(a) Whole inches, such as 3 inches minimum; or
(b) Whole and half inches, such as 2-1/2 inches minimum; or
(c) Whole and quarter inches, such as 2-1/4 inches minimum; or
(d) Whole and eighth inches, ((as 3 inches minimum, 2-1/4
inches minimum, 2-3/8 inches minimum, in accordance with the
facts. The)) such as 2-3/8 inches minimum.
(4) Both minimum and maximum diameters may ((both)) be
stated ((in accordance with the facts)) on the container.
(((3))) (5) The grade ((shall)) must be stamped on the
container in letters that are at least 1/4 inch high. The
following abbreviations may be used:
(a) Washington ((may be abbreviated as)): Wash((.)) or
((Wa.)) WA;
(b) Extra fancy ((may be abbreviated as ex. fcy.)): Ex
fcy or extra fcy((.));
(c) Fancy ((may be abbreviated as)): Fcy((.)); and
(d) Combination ((may be abbreviated as)): Comb.
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-190, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-190, filed 5/16/88; Order 1203, § 16-436-190, filed 5/14/71, effective 6/14/71.]
(1) Bruises ((where any bruise discolors)) on peaches
2-1/4 inches or smaller in diameter are considered damage if
they:
(a) Discolor the flesh to a depth greater than 3/16 of an inch; or
(b) Discolor((s)) the skin in an area greater than 1/2
inch in diameter; or
(c) Are an aggregate of smaller bruises ((aggregating))
totaling more than 1/2 inch in diameter. ((Areas or depths of
bruises are applicable to a peach 2-1/4 inches or smaller in
diameter. Correspondingly greater areas or depths shall be
allowed on larger peaches as follows:
(a) 2-1/2 inches in diameter: Discoloration 5/24 inch deep and 5/9 inch in diameter;
(b) 2-3/4 inches in diameter: Discoloration 11/48 inch deep and 11/18 inch in diameter;
(c) 3 inches in diameter: Discoloration 1/4 inch deep and 2/3 inch in diameter;
(d) 3-1/4 inches in diameter: Discoloration 13/48 inch deep and 13/18 inch in diameter;
(e) 3-1/2 inches in diameter: Discoloration 7/24 inch deep and 7/9 inch in diameter;
(f) 3-3/4 inches in diameter: Discoloration 5/16 inch deep and 15/18 inch in diameter;
(g) 4 inches in diameter: Discoloration 1/3 inch deep and 8/9 inches in diameter.
(3) Bacterial spot((,)) when cracked((,)) or ((when))
aggregating more than 3/8 inch in diameter((;)).
(((3))) (4) Scab spot((,)) when cracked((,)) or ((when))
aggregating more than 3/8 inch in diameter((;)).
(((4))) (5) Scale((,)) when concentrated((,)) or ((when))
scattered and aggregating more than 1/4 inch in diameter((;)).
(((5))) (6) Growth cracks((,)) when unhealed((,)) or more
than 1/2 inch in length((;)).
(((6))) (7) Hail injury ((which is)) when unhealed((,))
or deep, or when aggregating more than 1/4 inch in
diameter((,)) or more than 1/8 inch in depth((;)).
(((7))) (8) Leaf or limb rubs or russeting((,)) when
exceeding 1-1/4 inches in diameter when smooth and light
colored, or when exceeding 1/2 inch in diameter when rough or
dark colored((;)).
(((8))) (9) Split pit((,)) when causing any unhealed
crack((,)) or when causing any crack ((which)) that is readily
apparent, or when affecting the peach's shape to the extent
that the fruit is not fairly well formed((;)).
(((9))) (10) Stem pulls larger than 1/2 inch in diameter,
including stem area((;)).
(((10))) (11) Rough suture when the length((,)) is more
than half way down side of peach and exceeds 1/4 inch wide and
1/32 inch high.
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-210, filed 5/20/92, effective 6/20/92; Order 1203, § 16-436-210, filed 5/14/71, effective 6/14/71.]
(1) Bruises((,)) when aggregated and causing a waste in
excess of ((10%)) ten percent by area on any peach or ((with))
when any one bruise ((causing)) causes a waste in excess of
((5%)) five percent by area or exceeding 3/8 ((of an)) inch in
depth. ((Areas or depths of bruises specified are applicable
to a peach 2-1/4 inches or smaller in diameter. Correspondingly greater areas or depths shall be allowed on
definitely larger peaches;))
(2) Bacterial spot((,)) when any cracks are not well
healed, or when ((aggregating)) the aggregate area is more
than 1/2 inch in diameter((;)).
(3) Scab spots((,)) when cracked((,)) or when healed and
aggregating more than one inch in diameter((;)).
(4) Scale((,)) when ((aggregating)) the aggregate area is
more than 1/2 inch in diameter((;)).
(5) Growth cracks((,)) when unhealed((,)) or more than
5/8 inch in length((;)).
(6) Hail injury((,)) when:
(a) Unhealed((,)); or
(b) Shallow ((hail injury when aggregating)) and the
aggregate area is more than 3/4 inch in diameter((,)); or
(c) Deep ((hail injury which)) and seriously ((deforms))
deforming the ((fruit)) peach; or ((which aggregates))
(d) Aggregating more than 1/2 inch in diameter((,)); or
(e) Aggregating more than 1/8 inch in depth((;)).
(7) Leaf or limb rubs((, when smooth and light colored
and aggregating)) or russeting when the aggregate area is more
than 1-1/2 inches in diameter when smooth and light, or ((dark
or rough and barklike scars aggregating)) when the aggregate
area is more than 1/2 inch in diameter((;)) when dark and
bark-like.
(8) Split pit((,)) when causing any unhealed crack, or
when it is healed and ((aggregating)) the aggregate area is
more than 1/2 inch in length including any part of the crack
((which may)) that might be covered by the stem((;)).
(9) Stem pulls when they are larger than 5/8 inch in
diameter, including stem area((;)).
(10) Punctures when they are not on the shoulder area, or
((punctures)) when they are on the shoulder area and are
larger than 3/16 of an inch in diameter((;)).
(11) Rough suture((,)) when the entire length of the
suture exceeds 1/4 inch wide((,)) and 1/16 inch high.
[Statutory Authority: Chapter 15.17 RCW. 92-11-076, § 16-436-220, filed 5/20/92, effective 6/20/92; 88-11-048 (Order 1977), § 16-436-220, filed 5/16/88; Order 1203, § 16-436-220, filed 5/14/71, effective 6/14/71.]
The following sections of the Washington Administrative Code are repealed:
| WAC 16-436-002 | Promulgation. |
| WAC 16-436-003 | Promulgation. |
| WAC 16-436-150 | Cull peach requirements. |
| WAC 16-436-166 | Tolerances -- Size. |
| WAC 16-436-200 | Definitions. |
| WAC 16-436-225 | Adoption of United States standards as state standards. |
| WAC 16-436-230 | Effective date. |