WSR 15-09-098

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 20, 2015, 11:44 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-06-002.

Title of Rule and Other Identifying Information: Chapter 16-406 WAC, Washington standards for apricots, the purpose of this chapter is to provide the grade, size and marking requirements for the packing of fresh apricots.

Hearing Location(s): Department of Agriculture, 270 9th Street N.E., Suite 101-A, East Wenatchee, WA 98802, on May 26, 2015, at 11 a.m.; and at the Department of Agriculture, Conference Room 238, 21 North 1st Avenue, Yakima, WA 98902, on May 27, 2015, at 11 a.m.

Date of Intended Adoption: June 9, 2015.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., May 27, 2015.

Assistance for Persons with Disabilities: Contact the agency receptionist, by May 5, 2015, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules on this subject will be amended to clean up the current standards and to rewrite in plain talk for easier interpretation of the standards. There are no significant changes being proposed to this chapter and it will not affect the fruit industry's current practices.

Reasons Supporting Proposal: Amending the rule will provide clear explicit language written in plain talk which clearly defines the Washington standards for apricots.

Statutory Authority for Adoption: RCW 15.17.030, [15.17.]050, [15.17.]060, chapter 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: Department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting: Chuck Dragoo, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 225-6910; Implementation: Karen Cozzetto, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 225-6906; and Enforcement: Jim Nelson, 270 9th Street N.E., Suite 101-A, East Wenatchee, WA 98802, (509) 662-6161.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments make no significant changes to the rules and will not affect the fruit industry's current practices.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

April 20, 2015

Brad J. Avy

Assistant Director

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

WAC 16-406-005 ((What definitions are important to understanding this chapter?)) Definitions in this chapter.

((The following definitions are important to this chapter:))

"Aggregate" means that injury areas on an apricot's surface may be combined into one circular area with a diameter equal to the maximum diameter specified for the particular injury.

"Damage" means an injury to an apricot that is readily apparent during grading and handling.

"Department" means the Washington state department of agriculture (WSDA).

"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.

(((1) Apricots having a diameter of 1-1/2 inches or larger, ring measurement, may be considered "large."

(2) Apricots having a diameter of less than 1-1/2 inches may be considered "small."))

"Director" means the director of the ((Washington state)) department of agriculture or the director's ((designee)) designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.

"Dirt" includes spray residue present to the extent that it is readily apparent.

"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.

"Mature" means apricots have reached a growth stage that will insure the proper completion of the ripening process.

"Serious damage" means((:

(1) Immaturity; or

(2) Any deformity; or

(3) Injuries either causing skin breaks exceeding 3/8 of an inch in diameter or that seriously affects the apricot's appearance)) any specific defect defined in this section; or an equally objectionable variation of any one of these defects; or any other defect or a combination of defects which seriously detracts from the appearance or the edible or shipping quality of the fruit.

"Well formed" means having a shape that is characteristic of the variety.

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

WAC 16-406-010 ((How do you determine the maturity of an apricot?)) Grades.

((The information in the following table must be considered when determining an apricot's maturity:


MATURITY CHARACTERISTIC	EXPLANATION
(1) Ambering	"Ambering," which many authorities on apricots recognize as an indicator of maturity, refers to the replacement of the green colored flesh immediately around the pit with an amber shade of flesh.
(2) Springiness	"Springiness" develops in connection with the separation of the flesh from the pit. It is an indication that the apricot is reaching proper tree maturity for picking for fresh shipment. Springiness may be detected by:
	•External pressure on the apricot; or
	•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.
(3) Taste	On a tree whose fruit is ready for harvest for fresh shipment, it is quite common to find apricots that are fairly palatable because they have lost much of their green taste. However, in using this test, do not be misled by apricots that, because of worm infestation, may be maturing abnormally.
(4) Separation of fruit from the stem	The way apricots separate from their stems is an indication of their maturity. For example, immature apricots tend to tear the adjacent skin and flesh more than apricots that are near proper maturity.))


WASHINGTON APRICOT GRADES	CHARACTERISTICS
Washington No. 1	Washington No. 1 consist of apricots of one variety that are:
	•	Mature but not soft;
	•	Not overripe or shriveled;
	•	Well formed;
	•	Free from decay and worm holes;
	•	Free from damage caused by dirt, limb rubs, growth cracks, bruises, scale, hail, disease, insects or mechanical or other means. (See tolerances WAC 16-406-020.)
Washington No. 2	Washington No. 2 consist of apricots of one variety that are:
	•	Mature but not soft;
	•	Not overripe or shriveled;
	•	Free from decay and worm holes;
	•	Free from serious damage caused by dirt, growth cracks, bruises, hail, insect pests, mechanical or other means. (See grade and size tolerances WAC 16-406-020.)
Washington combination	•	Washington combination consists of a combination of Washington No. 1 and Washington No. 2 apricots.
Washington combination	•	To meet Washington combination, at least fifty percent of the apricots in any container must meet the requirements of Washington No. 1 grade. (See grade and size tolerances WAC 16-406-020.)
Culls	•	Culls consist of apricots that do not meet the grade requirements of this section and can be immature or seriously damaged by growth cracks, hail, insect pests, mechanical or other means.
Culls	•	Cull apricots for fresh market must be clearly marked with the word CULLS in large letters at least two inches high. (See marking and packing requirements WAC 16-406-030.)

AMENDATORY SECTION (Amending WSR 05-20-074, filed 10/4/05, effective 11/4/05)

WAC 16-406-015 ((What is considered "damage" and "serious damage" to apricots?)) Damage and serious damage.

((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.	(3) Bruises exceeding ten percent of the surface of the apricot.
(7) Hail marks that are:	(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.))


Damage:		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. Riland variety exceeding 1/2 inch.	(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. Riland variety exceeding 1/2 inch.
(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 which is:
(a)	Reddish to brown affecting more than ten percent of the surface; or
(b)	Thick, rough and very dark affecting more than five percent of the surface.
(6)	Bruises exceeding five percent of the apricot's surface.	(3)	Bruises exceeding ten percent of the surface of the apricot.
(7)	Hail marks that are:	(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 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.
	One well-healed hail mark, not exceeding 1/8 inch in diameter is allowed.		Four well-healed hail marks where each mark does not exceed 1/8 inch in diameter is allowed.
(8)	Dirt, appearing to the extent that it is readily apparent.	(5)	Dirt, which is readily apparent and seriously affects the appearance.

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

WAC 16-406-020 ((What tolerances apply to apricots?)) Grade and size tolerances.

(((1))) Numerical count may be used to determine percent of grade tolerances.

(1) When containers are marked with a numerical count, the apricots in any container must not vary more than one-quarter inch in diameter.

(2) To allow for variations incident to proper sizing, no more than ten percent, by count, in any package may be below the specified minimum size.

(3) To allow for variations incident to proper grading and handling, the following tolerances apply ((to apricots)):

(a) No more than ten percent ((of the apricots)) in any lot may be below grade requirements.

(b) ((Serious damage by insects must affect)) No more than five percent ((of the apricots in any lot)) for defects or damage by insect causing serious damage.

(d) ((In addition,)) An additional tolerance: For Washington No. 1 grade, no more than ten percent, by count, ((of the apricots)) in any lot may be damaged (but not seriously damaged) by bruising.

(((2))) (4) When applying the tolerances in subsection (1) of this section to the Washington combination grade:

(a) No part of any tolerance ((must)) can be used to reduce the percentage of Washington No. 1 apricots required for the combination grade.

(b) ((However,)) Individual containers may contain forty percent Washington No. 1 grade apricots if the entire lot averages fifty percent.

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

WAC 16-406-025 ((How are apricot tolerances applied to individual samples?)) Application of tolerances.

((If the averages for the entire lot are within the tolerances specified for the grade, the contents of individual samples are subject to the following limitations:)) Individual samples are subject to the following tolerances, provided the averages for the entire lot are within the tolerance specified in WAC 16-406-020.


Package Weight ((and/or)) and Apricot Grade		With a Tolerance of:	((Individual Sample in Any Lot:)) Sample Tolerance:	Defects Allowed in a Sample
(1)	Packages containing more than ten pounds	Ten percent or more	Must have no more than one and one-half times the tolerance specified	No more than one apricot affected by decay or internal breakdown ((is permitted in any sample)).
(2)	Packages containing more than ten pounds	Less than ten percent	Must have no more than double the tolerance specified	No more than one apricot affected by decay or internal breakdown ((is permitted in any sample)).
(3)	Washington No. 1 grade packages containing ten pounds or less	Ten percent or less	May have more than three times the tolerances specified	At least one defective apricot may be permitted in any sample and one apricot or more than six percent (whichever is the larger amount) may be affected by decay or internal breakdown.
(4)	Washington No. 2 grade packages containing ten pounds or less	Ten percent or less	May have more than three times the tolerances specified	N/A

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

WAC 16-406-030 ((What)) Marking and packing requirements ((apply to apricots?)).


((Note:	The marking requirements in this section do not apply to apricots being sold or shipped to canneries.

(1) When a numerical count is used to pack apricots, the apricots in any container must not vary more than one-quarter inch in diameter.

(2) To allow for variations incident to proper sizing, no more than ten percent, by count, of the apricots in any package may be below the specified minimum size.

(3) Numerical count may be used to determine apricot grades.

(4) When apricots are prepared for market and/or offered for sale in containers (either open or closed),)) (1) The following information must be clearly ((stamped)) marked on each container:

(a) Variety;

(b) Grade;

(d) Count; or

(e) Net weight and minimum diameter.

(2) Open catch weight bags are not required to meet the container marking requirements.

(3) Packed culls for fresh market must be clearly marked with the word "CULLS" in large letters at least two inches high as well as meeting all other marking requirements contained in this section.

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 16-406-012	Do all apricot varieties mature in the same way?
WAC 16-406-060	What grades apply to apricots?