Original Notice.

Preproposal statement of inquiry was filed as WSR 01-04-093.

Title of Rule: Chapter 16-403 WAC, Standards for apples marketed within the state of Washington. (1) Establish annual harvest release dates for Golden Delicious and Granny Smith varieties of apples, and (2) require that the harvest year be marked on all containers of apples harvested in the previous crop season.

Purpose: WAC 16-403-141, to establish a permanent general harvest release date for Golden Delicious varieties of apples; WAC 16-403-143, to establish a permanent general harvest release date for Granny Smith variety of apples; and WAC 16-403-220, to establish a crop year marking requirement on all apple cartons.

Statutory Authority for Adoption: Chapter 15.17 RCW.

Statute Being Implemented: RCW 15.17.130.

Reasons Supporting Proposal: Industry request.

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

Name of Proponent: Washington State Horticulture Association Grade and Pack Committee, public.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This proposal is at the request of the Washington Horticulture Association Grade and Pack Committee. The department will be working with the association, other stakeholders and interested parties in the development of these rules.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will:

(1) Establish a permanent general release date of September 20 for Golden Delicious apple varieties and a release date of October 10 for Granny Smith apple varieties. The Delicious Maturity Committee of the Washington State Horticultural Association has established the general harvest release dates for these two varieties annually. The committee establishes the release date after determining that the apples are at the stage of maturity that will ensure the apples will be marketable. The data gathered by the committee has established that by these proposed permanent dates, these varieties of apples are at the stage of maturity to ensure marketability. The establishment of permanent harvest release dates will also avoid confusion in determining the official harvest release dates for these varieties.

(2) Beginning on October 1 of each year (at the time of shipment), require the marking of the harvest year on all apple cartons containing apples harvested the previous year. This requirement will assist shippers with their inventory controls and also the compilation of marketing data for the various traffic associations.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The financial impact, if any, will be minimal and does not represent a disproportionate cost to small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Yakima Ag Center, 21 North 1st Avenue, Yakima, WA, on May 16, 2001, at 1:00 p.m.; and at the Washington Apple Commission, 2900 Euclid Avenue, Wenatchee, WA, on May 17, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by May 15, 2001, TDD (360) 902-1976, or (360) 902-1996.

Submit Written Comments to: Jim Quigley, Program Manager, Washington State Department of Agriculture, Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by May 16, 2001.

Date of Intended Adoption: June 1, 2001.

April 3, 2001

Robert W. Gore

Assistant Director

[Statutory Authority: Chapter 15.17 RCW. 99-14-036, 16-403-141, filed 6/29/99, effective 7/30/99; 86-14-026 (Order 1892), 16-403-141, filed 6/25/86.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION [(Amending WSR 92-15-056, filed 7/13/92)]WAC 16-403-143   Granny Smith -- Starch-iodine requirements.   ((Prior to the general release date for)) For harvest of the crop of the current growing season, ((as established by the Delicious maturity committee of the Washington state horticultural association, shipment shall not be allowed of)) apples of the Granny Smith variety ((which fail to)) cannot be shipped prior to October 10 unless they meet the stage of maturity as indicated by starch-iodine rating of 1.2 on the Cascade Analytical Inc. chart: Provided, That any such lot of apples may be shipped if not more than ten percent of the apples tested fail to meet the 1.2 rating.

[Statutory Authority: Chapter 15.17 RCW. 92-15-056, 16-403-143, filed 7/13/92, effective 8/13/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION [(Amending Order 5005, filed 8/30/93)]WAC 16-403-220   Marking requirements -- Open or closed containers.   (1) The containers shall bear the correct name of the variety or "variety unknown," the name of the grower, packer, or distributor, and his address, the grade, the numerical count or the minimum diameter of apples packed in a closed container, and the net contents either in terms of dry measure or weight. The minimum weight of individual apples within the container may be stated in lieu of, in combination with, or in addition to, minimum diameter as a declaration of size. All open containers and consumer packages must bear statement of net weight or volume.

(a) When the numerical count is not shown, the minimum diameter or minimum weight of individual apples shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eight inch fractions thereof or in terms of whole grams.

(b) When used in combination with minimum diameter as a size designation, the following minimum fruit weights shall be used:

Red Delicious		Golden Delicious
2 1/8 in. or 65	grams	63		grams
2 1/4 in. or 75	grams	70		grams
2 3/8 in. or 84	grams	82		grams
2 1/2 in. or 100	grams	95		grams
2 5/8 in. or 115	grams	109		grams
2 3/4 in. or 139	grams	134		grams

(c) The word "minimum," or its abbreviation, when following a diameter size or weight size marking, means that the apples are of the size marked or larger.

(2) Over-wrapped consumer units may be marked with count, if all specimens can be counted.

(3) Any of these marks may be placed on either the end or side of the container. (California requires end markings.)

(4) When containers are marked as to number, each container shall contain the correct number of apples designated by the markings.

(5) Grade markings on consumer-type packages must be at least one-fourth inch in height.

(6) Apples which were produced outside of the state of Washington and which are graded, packed, or repacked in the state of Washington, shall be correctly labeled as to the state or country of origin, e.g., "Product of Oregon," "Grown in Oregon," "Produced in Canada."

Such marking shall be placed on the same end or side panel of the container as other markings related to grade, variety, net contents, and name and address of the grower, packer, or distributor, and shall be of similar print size. Consumer type packages shall not be required to bear a statement as to origin when such marking has been placed on the master shipping container.

NEW

(7) Containers shall be marked with the harvest year beginning on October 1 of each year and be applied only to apples harvested in the previous year; that this marking shall occur at the time of shipment; and be displayed on the principle display panel with letters of a minimum of one-half inch in height.

[Statutory Authority: Chapter 15.17 RCW. 93-18-065 (Order 5005), 16-403-220, filed 8/30/93, effective 9/30/93; 92-15-056, 16-403-220, filed 7/13/92, effective 8/13/92; Order 1374, 16-403-220, filed 7/26/74, effective 9/1/74.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office