Section 16-403-220. Marking requirements—Open or closed containers.

(1) The containers shall bear 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, 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:

(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.

(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 principal display panel with letters of a minimum of one-half inch in height.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-220, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 01-12-079, § 16-403-220, filed 6/5/01, effective 7/6/01; WSR 93-18-065 (Order 5005), § 16-403-220, filed 8/30/93, effective 9/30/93; WSR 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.]

Chapters 15.17 and 34.05 RCW. WSR 06-12-117, § 16-403-220, filed 6/7/06, effective 7/8/06. Statutory Authority: Chapter 15.17 RCW. WSR 01-12-079, § 16-403-220, filed 6/5/01, effective 7/6/01; WSR 93-18-065 (Order 5005), § 16-403-220, filed 8/30/93, effective 9/30/93; WSR 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.