The purpose of this chapter is to provide for the fair and orderly marketing of fresh apples in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products.

"Aggregate" means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected.

"Clean" means that the apples are free from excessive dirt, dust, spray residue and other foreign material.

"Diameter" means, when measuring for minimum size, the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, diameter means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

"Fairly tight" means that the apples are the proper size for molds or cell compartments in which they are packed and the molds or cells are filled in such a way that no more than a slight movement of apples within the molds or cells is possible.

"Fairly well filled" means that the net weight of the apples in containers ranging from 2,100 to 2,900 cubic inches capacity is not less than thirty-seven pounds for Jonathan, McIntosh, and Golden Delicious varieties and not less than forty pounds for all other varieties.

"Fairly well formed" means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

"Firmness terms." The following four terms are used for describing different stages of firmness of apples:

• "Hard" means apples with a tenacious flesh and starchy flavor.

• "Firm" means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety.

• "Firm ripe" means apples with crisp flesh except that the flesh of the Rome Beauty or similar varieties may be slightly mealy.

• "Ripe" means apples with mealy flesh and soon to become soft for the variety.

"Fruit weight" means, when measuring for minimum weight as a designation of fruit size, the individual apple must meet the minimum weight designation as marked on the container or package.

"Mature" means that the apples have reached the stage of development which will ensure the proper completion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process.

"Overripe" means apples which have progressed beyond the stage of ripe, with flesh very mealy or soft, and past commercial utility.

"Principal display panel" means the end or side panels, exclusive of tops and bottoms of a container for which all required markings must be placed together to comply with this regulation.

"Well formed" means having the normal shape characteristic of the variety, except that the shape may be slightly irregular provided it does not more than slightly detract from the appearance of the apple.

"Worm hole" means a puncture or hole caused by an insect that is one-eighth inch or more in depth.

"WSDA" means the Washington state department of agriculture and its director.

Washington state standards apple grades for extra fancy and fancy, except the Fuji variety, must be equivalent to or better than the U.S. standards for U.S. extra fancy and U.S. fancy grades of apples, 7 C.F.R. Sec. 51.300 et seq., in effect as of December 19, 2002. Apples meeting the foregoing grades may be marked either with the proper Washington or U.S. grade, or both. In no case may the Washington grade and condition requirements be interpreted as less than the standards required by the applicable U.S. standards for grades for the comparable Washington grade and variety.

General standards for Washington grades shall apply to apples of one variety (except when more than one variety is printed on the container) which must meet the following standards in addition to standards specific to each Washington grade:

(1) The apples must be mature but not overripe, clean, fairly well formed, and free from decay, internal browning, internal breakdown, brown surface discoloration, scab, freezing injury, visible water core, broken skins, and bruises, except those which are slight and incidental to proper handling and packing; and

(2) The apples must be free from damage by invisible water core after January 31st of the year following the year of production except for the Washington C grade.

(3) Invisible water core is not a quality factor of the Fuji variety at any time of the year.

(4) Apples of the red, partial red or blushed varieties must meet the color requirements specified for the variety in WAC 16-403-064.

In addition to meeting the general standards under WAC 16-403-034, Washington extra fancy grade red, partial red, or blushed variety apples must be free from injury as specified in WAC 16-403-164(1) and 16-403-174(1) and damage as specified in WAC 16-403-164(2) and 16-403-174(2).

In addition to meeting the general standards under WAC 16-403-034, Washington fancy grade red, partial red, or blushed variety apples must also be free from damage as specified in WAC 16-403-164(2) and 16-403-174(2).

(1) Faded brown stripes may not be considered as color.

(2) The color requirements for any variety may not be less than those required under the United States standards for the varieties and the respective variety grades of apples under 7 C.F.R. Sec. 51.305 (effective December 19, 2002), which color standards are incorporated by reference.

(3) Solid red varieties: The color percentage requirement stated below refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety. However, an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.

Color shade percentages for solid red varieties.  

(4) Striped red varieties:

The percentage stated refers to the area of the surface in which stripes of a good shade of red characteristic of the variety predominate over stripes of lighter red, green or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade, subject to the limitations set forth below.

Color requirements for striped or partial red varieties.

(5) Red cheeked or blushed varieties.

(a) Blush cheek means at least ten percent of the surface has blush color characteristic of the variety.

(b) Tinge of color means the apples has any amount of the surface area of blush type color which predominates over the background color of the apple.

(c) Color requirements for red cheeked or blushed varieties:

Washington green or yellow variety extra fancy apples must meet the following standards in addition to meeting the general standards under WAC 16-403-034. The apples must be free from:

(1) Slightly rough and rough russeting: Provided, that russeting other than rough or bark-like russeting materially affecting the appearance of the apple may be permitted in the stem cavity or calyx basin if it cannot be seen when the apple is placed stem end and calyx end down on a flat surface.

(2) Injury as specified in WAC 16-403-164(1) and 16-403-174(1); and

(3) Damage as specified in WAC 16-403-164(2) and 16-403-174(2).

In addition to meeting the general standards under WAC 16-403-034, green or yellow variety fancy apples must be free from damage as specified in WAC 16-403-164(2) and 16-403-174(2).

The requirements for Washington C grade green or yellow variety apples include the conditions for Washington fancy grade apples under WAC 16-403-054. In addition, apples of this grade must be free from excessive damage caused by russeting as defined under the definitions of "damage by russeting," in WAC 16-403-164(2) under the following conditions:

(1) The aggregate area of an apple which is covered by smooth net-like russeting may not exceed twenty-five percent.

(2) The aggregate area of an apple which is covered by smooth solid russeting may not exceed ten percent except as follows:

(a) The aggregate area for Newtown, Granny Smith or similar varieties which is covered with smooth solid russeting may not exceed twenty percent; and

(b) The aggregate area of an apple which is covered with excessively rough or bark-like russeting or limb rubs may not exceed the area of a circle three-fourths inch in diameter. 

(3) There is no requirement in this grade pertaining to invisible water core.

Combination grades apply to all varieties of apples except red or partial red varieties which may only be packed in the combination extra fancy and fancy grade. Gift grade applies to a combination of apples and pears.

(1) Combination extra fancy and fancy. When extra fancy and fancy apples are packed together, the containers must be marked "Washington combination extra fancy and fancy" and must contain at least eighty percent extra fancy apples, except that Newtown variety combinations must contain at least fifty percent extra fancy apples.

(2) Combination extra fancy, fancy and C grade. When extra fancy, fancy and C grade apples are packed together, the containers must be marked "Washington combination extra fancy, fancy and C grade" and must contain at least eighty percent extra fancy apples, except that Newtown variety combinations must contain at least fifty percent extra fancy apples.

(3) Combination fancy and C grade. When fancy and C grade apples are packed together, the containers must be marked "Washington combination fancy and C grade" but must contain at least eighty percent fancy apples, except that Newtown variety combinations must contain at least fifty percent fancy apples.

(4) Gift grade. Gift grade consists of mixed varieties of apples and pears. Apples must be Washington extra fancy grade under WAC 16-403-044 and 16-403-064. Pears must be U.S. No. 1 or higher grade under WAC 16-442-020 and 16-442-030.

(a) Containers must be marked "gift grade" or with the individual variety and grade that applies to each commodity;

(b) Containers must be marked with the net contents by weight or count; and

(c) Containers must be marked with business name and address of the packer or shipper.

(1) Apples which are not graded in conformity with any of the grade standards in this chapter and which contain no more than five percent serious insect damage may be designated as "culls."

(2) Culls must be packed and labeled as specified in RCW 15.17.080.

The director may approve and register a private grade or brand of apple. The private grade or brand may not be lower than the second grade or classification established under chapter 15.17 RCW or under this chapter.

(1) Red Delicious and Delicious varieties may not be shipped prior to October 1st of the current growing season unless they have at least eleven percent soluble solids as determined by refractometer.

(2) Golden Delicious varieties may not be shipped prior to September 20th of the current growing season unless they have at least ten and one-half percent soluble solids as determined by refractometer.

At time of shipment the following firmness standards must be met:

(1) Red Delicious and Delicious varieties must pressure test at least twelve pounds. However, apples failing to pressure test twelve pounds may be considered as meeting the requirements of this section when the individual apple exhibits edible qualities and texture of flesh comparable to other apples of the same variety which pressure test twelve pounds or more.

(2) Golden Delicious variety must pressure test at least ten pounds. However, apples failing to pressure test ten pounds may be considered as meeting the requirements of this section when the individual apple exhibits edible qualities and texture of flesh comparable to other apples of the same variety which pressure test ten pounds or more.

(3) Gala and Jonagold varieties must pressure test at least eleven pounds.

Washington extra fancy consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth net-like russeting, sunburn or spray-burn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, Jonathan spot, bitter pit and free from damage by invisible watercore after January 31st of the year following the year of production: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC 16-403-064 for the variety.

Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises, except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means: Provided, That smooth net-like russeting and/or invisible watercore shall not be a quality factor of Fuji variety at any time of the year. Each apple of this grade has the amount of color specified in WAC 16-403-064 for the variety.

Granny Smith variety may not be shipped prior to October 10th unless ninety percent or more of any lot of apples meets the stage of maturity as indicated by starch-iodine rating of 1.2 using a starch-iodine rating scale from Cascade Analytical, Inc. or any equivalent rating scale applicable to the Granny Smith variety.

Washington extra fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, freezing injury, visible watercore, broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from slightly rough or rough russeting, provided, russeting other than rough or bark-like russeting materially affecting the appearance of the apple shall be permitted in the stem cavity or calyx basin if it cannot be seen when the apple is placed stem end or calyx end down on a flat surface. The apples are also free from injury caused by smooth net-like russeting, smooth solid russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, stem or calyx cracks, or other means; and free from damage by Jonathan spot, bitter pit and by invisible watercore after January 31st of the year following the year of production.

(1) "Injury" means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which more than slightly detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered as injury:

(a) Russeting.

(i) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface is not considered in determining whether or not an apple is injured by russeting.

(ii) Smooth net-like russeting when an aggregate area of more than ten percent of the surface is covered for red, partial red and blushed varieties and five percent of the surface for green and yellow varieties, and when the color of the russeting shows no very pronounced contrast with the background color of the apple.

(iii) Lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted is considered injury.

(iv) Smooth solid russeting when the aggregate area in the green and yellow varieties exceeds more than one-quarter inch in diameter and in the red and partial red varieties when the aggregate area exceeds three-eighths inch in diameter is also considered as injury.

(b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

(c) Dark brown or black limb rubs which affect an aggregate area of more than one-quarter inch in diameter for red, partial red or blushed varieties and one-eighth inch for green or yellow varieties. However, light brown limb rubs of a russet character are considered injury by russeting under definition in (a) of this subsection.

(d) Hail marks, drought spots, other similar depressions or scars:

(i) When the skin is broken, whether healed or unhealed;

(ii) When there is appreciable discoloration of the surface;

(iii) When any surface indentation exceeds one-sixteenth inch in depth;

(iv) When any surface indentation exceeds one-eighth inch in diameter; or

(v) When the aggregate affected area of such spots exceeds one-half inch in diameter for red, partial red and blushed varieties or one-quarter inch for green or yellow varieties.

(e) Disease:

(i) Cedar rust infection which affects an aggregate area of more than three-sixteenths inch in diameter.

(ii) Sooty blotch or fly speck which is thinly scattered over more than five percent of the surface, or dark, heavily concentrated areas which affect an area of more than one-quarter inch in diameter.

(iii) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-quarter inch in diameter.

(f) Insects:

(i) Any healed sting or healed stings which affect an aggregate area of more than one-eighth inch in diameter including any encircling discolored rings.

(ii) Worm holes.

(g) Stem cavity or calyx basin cracks.

(i) Which more than slightly detract from the appearance or the edible or shipping quality of the apple;

(ii) Are not well healed; or

(iii) Are well healed which exceed an aggregate length of one-eighth inch.

(2) "Damage" means any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect or any combination of defects which materially detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered damage:

(a) Russeting. Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface is not considered in determining whether or not an apple is damaged by russeting: Provided, that excessively rough or bark-like russeting in the stem cavity or calyx basin are considered damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin are considered damage:

(i) Russeting which is excessively rough or rough on green and yellow varieties.

(ii) Smooth net-like russeting when an aggregate area of more than fifteen percent of the surface is covered and the color of the russeting shows no very pronounced contrast with the background color of the apple;

(iii) Smooth solid russeting when an aggregate area of more than five percent of the surface is covered and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple;

(iv) Lesser amounts of smooth net-like or smooth solid russeting when more conspicuous and the appearance is affected to a greater extent than the amount permitted in this section;

(v) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter; or

(vi) Rough russeting in the red and partial red varieties which covers an aggregate area of more than one-quarter inch in diameter.

(b) Sunburn or sprayburn which has caused blistering or cracking of the skin or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting under the definition in (a) of this subsection.

(c) Limb rubs which affect an aggregate area of more than one-half inch in diameter. However, light brown limb rubs of a russet character are considered damage by russeting under the definition in (a) of this subsection.

(d) Hail marks, drought spots, other similar depressions or scars when:

(i) Any unhealed mark is present;

(ii) Any surface indentation exceeds one-eighth inch in depth;

(iii) The skin has not been broken and the aggregate affected area exceeds one-half inch in diameter; or

(iv) The skin has been broken and well healed and the aggregate area exceeds one-quarter inch in diameter.

(e) Stem cavity or calyx basin cracks which are not well healed or well healed stem cavity or calyx basin cracks which exceed an aggregate length of one-quarter inch.

(f) Disease:

(i) Scab spots which affect an aggregate area of more than one-quarter inch in diameter;

(ii) Cedar rust infection which affects an aggregate area of more than one-quarter inch in diameter;

(iii) Sooty blotch or fly speck which is thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated areas which affect an area of more than one-half inch in diameter;

(iv) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter;

(v) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple.

(g) Insects:

(i) Any healed sting or healed stings which affect an aggregate area of more than three-sixteenths inch in diameter including any encircling discolored rings; or

(ii) Worm holes.

(3) "Serious damage" means any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered as serious damage:

(a) Russeting. The following types and amounts of russeting are considered as serious damage:

(i) Smooth solid russeting, when more than one-half of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin; or

(ii) Slightly rough, excessively rough or bark-like russeting which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted in (a)(i) of this subsection.

(b) Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

(c) Limb rubs which affect more than one-tenth of the surface in the aggregate.

(d) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than one-tenth of the surface in the aggregate. However; no hail marks which are unhealed are permitted and not more than an aggregate area of one-half inch is allowed for well healed hail marks where the skin has been broken.

(e) Stem or calyx cracks which are not well healed or well healed stem or calyx cracks which exceed an aggregate length of one-half inch.

(f) Visible water core which affects an area of more than one-half inch in diameter.

(g) Disease:

(i) Scab spots which affect a total area of more than three-fourths inch in diameter;

(ii) Cedar rust infection which affects a total area of more than three-fourths inch in diameter;

(iii) Sooty blotch or fly speck which affects more than one-third of the surface;

(iv) Red skin spots which affect more than one-third of the surface;

(v) Bitter pit or Jonathan spot which is thinly scattered over more than one-tenth of the surface and does not materially deform or disfigure the fruit.

(h) Insects:

(i) Healed stings which affect an aggregate area of more than one-quarter inch in diameter including any encircling discolored rings; or

(ii) Worm holes.

Washington fancy consists of apples of one variety (except when more than one variety or commodity is printed on the container) which are mature but not overripe, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, freezing injury, visible watercore, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, Jonathan spot, bitter pit, disease, insects, invisible watercore after January 31st of the year following the year of production, or damage by other means.

The requirements of this grade are the same as for Washington fancy except for russeting and invisible watercore. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for Washington fancy as defined under the definitions of "damage by russeting," except the aggregate area of an apple which may be covered by smooth net-like russeting shall not exceed 25 percent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 percent: Provided, That in the case of the Yellow Newtown, Granny Smith or similar varieties the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent; and the aggregate area of an apple which may be covered with excessively rough or barklike russeting or limb rubs shall not exceed the area of a circle three-fourths of an inch in diameter. There is no requirement in this grade pertaining to invisible watercore.

The standard for bruises under the categories of injury, damage or serious damage is as follows:

(1) Injury consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) One-eighth inch in depth;

(b) Five-eighths inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

(2) Damage consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) Three-sixteenths inch in depth;

(b) Seven-eighths inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

(3) Serious damage consists of bruises which are not slight and incident to proper handling and packing, and which are greater than:

(a) Three-eighths inch in depth;

(b) One and one-eighth inch in diameter; or

(c) Any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in (a) or (b) of this subsection.

(1) Combination extra fancy and fancy. When extra fancy and fancy apples are packed together, the boxes may be marked "Washington combination extra fancy and fancy" and shall contain at least 80 percent extra fancy apples, except Newtowns, which shall contain at least 50 percent extra fancy apples. (This is the only combination grade which may be used for red or partial red varieties.)

(2) Combination extra fancy, fancy and C grade. When extra fancy, fancy and C grade apples are packed together, the boxes may be marked "Washington combination extra fancy, fancy and C grade" and shall contain at least 80 percent extra fancy apples, except Newtowns, which shall contain at least 50 percent extra fancy apples.

(3) Combination fancy and C grade. When fancy and C grade apples are packed together, the boxes may be marked "Washington combination fancy and C grade" but shall contain at least 80 percent fancy apples, except Newtowns, which shall contain at least 50 percent fancy apples.

(4) Jumble pack. The larger sizes of the above grades may be removed and the rest packed and marked "jumble" or "face and fill" in addition to the grade mark.

(5) Gift grade. Gift grade may consist of mixed varieties (apples and pears) and in the case of apples shall meet Washington extra fancy grade as defined in Washington standards for apples, and in the case of pears shall be U.S. No. 1 or higher grade as defined in Washington standards for D'Anjou, Bosc, Winter Nelis and other varieties of winter pears. When gift containers meet the requirements of gift grade, such containers need be marked only "gift grade" and a statement of net contents in weight or count and name and address of packer or shipper.

Invisible water core will be considered as "damage" when existing around the core and extending to water core in the vascular bundles, or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce, or existing in more than a slight degree outside the circular area formed by the vascular bundles: Provided, that invisible water core shall not be scored as damage against the Fuji variety of apples under any circumstances.

(1) Apples which are not graded in conformity with the foregoing grades and which contain not more than 5 percent serious insect damage shall be designated as "culls."

(2) Following is a quotation from RCW 15.17.080 - Fresh fruits—Culls—Container markings—Designation on bills of lading, invoices, etc.:

"It shall be unlawful for any person to sell fresh fruits for fresh consumption classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face representative of the size and quality of the fruit in such baskets. Such baskets shall be lidded and the words "cull" including the kind of fruit and variety must appear on the top and side of each basket and on any label thereon in clear and legible letters at least two and one-half inches high. Every bill of lading, invoice, memorandum, and document referring to said fruit shall designate them as culls."

In order to allow for variations incident to proper grading, sizing and firmness in each of the foregoing grades, the following tolerances are provided as specified:

(1) Defects: Washington extra fancy, Washington fancy and Washington C grade.

Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than five percent shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown.

(2) Combination grades. When applying the foregoing tolerances to combination grades, no part of any tolerance may be allowed to reduce, for the lot as a whole, the percent of apples of the higher grade required in the combination.

Combinations requiring eighty percent of the higher grade for the lot shall not have less than sixty-five percent of the higher grade in individual samples.

Combinations requiring fifty percent of the higher grade for the lot shall not have less than forty percent of the higher grade in individual samples.

(3) Size. When size is designated by the numerical count for a container, not more than five percent of the apples in the lot may vary more than one-half inch in diameter. When size is designated by minimum or maximum diameter or weight, not more than five percent of the apples in any lot may be smaller than the designated minimum and not more than ten percent may be larger than the designated maximum.

(4) Firmness. Not more than ten percent of the apples in any lot of Red Delicious, Delicious, Golden Delicious, Jonagold, and Gala varieties may fail to meet the firmness requirements as defined in WAC 16-403-144.

The contents of individual samples in the lot are subject to the following limitations: Provided, that the averages for the entire lot are within the tolerances specified for the grade in WAC 16-403-190.

(1) Packages which contain more than ten pounds may not have more than one and one-half times a specified tolerance of ten percent or more or more than double a tolerance of less than ten percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any sample.

(2) Packages which contain ten pounds or less may have no more than three times the tolerance specified, except that at least three defective apples may be permitted in any package: Provided, that not more than three apples or more than eighteen percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

When the numerical count is marked on the container, or when containers are packed to weigh ten pounds or less, or in any container where the minimum diameter of the smallest apple does not vary more than one-half inch from the minimum diameter of the largest apple, percentages shall be calculated on the basis of count. In all other cases, percentages shall be calculated on the basis of weight.

Tolerances. In order to allow for variations incident to proper packing, not more than ten percent of the containers in any lot may fail to meet the following requirements:

(1) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight or fairly well filled.

(2) Closed cartons containing apples not tray or cell packed shall be fairly well filled or the pack shall be sufficiently tight to prevent any appreciable movement of the apples.

(3) Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.

(1) Individual destination states or countries may have specific requirements for letter heights and placement of markings.

(2) All required markings must be displayed together on the principal display panel of the containers.

(3) All required markings must be a minimum of one-quarter inch in height for a principal display panel of one hundred to four hundred square inches. Markings on consumer-type packages must be at least one-quarter inch in height.

(4) Containers must have the following markings:

(a) The correct name of the variety or when more than one variety or commodity is in the container, each variety and commodity must be shown;

(b) The name and address of the grower, packer, or distributor;

(c) The grade;

(d) The net contents either in terms of dry measure or weight; and

(e) The numerical count or the minimum diameter of apples packed in a closed container. All open containers and consumer packages must bear a statement of net weight or volume. Over-wrapped consumer units may be marked with count, if all specimens can be counted.

(i) When containers are marked as to number of apples in the container, each container contains the correct number of apples designated by the markings.

(ii) 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 eighth inch fractions thereof or in terms of whole grams.

(iii) The minimum weight of individual apples within the container may only be stated in combination with the minimum diameter as a declaration of size for Red Delicious and Golden Delicious. All other varieties and sizes may only have a minimum diameter or minimum weight designated.

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

(v) 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.

(f) 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."

(g) Consumer type packages are not required to bear a statement as to origin when such marking has been placed on the master shipping container's principal display panel.

Apples from the previous year's crop that are packed and shipped on or after October 1st must be marked with the crop year on each carton or shipping container at the time of shipment. The markings must be displayed on the principal display panel with letters of a minimum of one-half inch in height.

At the shipping point all defects are considered quality factors at the time of packing: Provided, that if the apples have been in storage for more than seven days after packing, factors listed as condition in the USDA Apples Shipping Point and Market Inspection Instructions handbook dated March 2005 are scored as condition factors, and: Provided further, that decay, brown surface discoloration or any other deterioration which may have developed on apples after they have been in storage or transit are considered as affecting condition and not the grade.

Except as otherwise modified in this chapter and under this section, WSDA adopts the United States standards for grades of apples, 7 C.F.R. Part 51, Subpart "United States Standards for Grades of Apples" (effective December 19, 2002), as the standards apply to U.S. extra fancy, U.S. fancy, U.S. No. 1 and U.S. No. 1 hail, subject to and including the following requirements.

(1) The color requirements specified for U.S. No. 1 and U.S. No. 1 hail must be a good shade of red color;

(2) The percentage of color required for U.S. No. 1 and U.S. No. 1 hail for Delicious must be twenty-five percent a good shade of red color;

(3) The United States grades as applied to Red Delicious, Delicious, Golden Delicious, Gala, and Jonagold varieties must meet the firmness requirements of WAC 16-403-144; and

(4) The United States grades as applied to the Granny Smith variety must meet the starch-iodine requirements of WAC 16-403-154.