20-2.0032. Containers to be Standardized and Marked With Capacity

(1) Whenever fruit is bought and sold for use in the primary channel of trade in fresh form, and where such fruit is purchased using the standard packed field box as a unit of trade, containers used in the harvesting and handling of such fruit shall be standardized for sizes and limited to the following sizes: 11, 10, 9, 8, 7, 6 and 5 box equivalents.

(2)(a) Where a container is represented as having a capacity equivalent to 11 field boxes, the filled volumetric capacity of same shall not exceed 47,700 cubic inches plus either 1-1/2'' inches of vertical headspace, or 2,610'' cubic inches, whichever is less.

(b) Where a container is represented as having a capacity equivalent to 10 field boxes, the filled volumetric capacity of same shall not exceed 43,500'' cubic inches plus either 1-1/2'' inches of vertical headspace, or 2,610'' cubic inches, whichever is less.

(c) Where a container is represented as having a capacity equivalent to 9 field boxes, the filled volumetric capacity of same shall not exceed 39,300 plus either 1'' inch of vertical head space or 1,950'' cubic inches, whichever is less.

(d) Where a container is represented as having a capacity equivalent to 8 field boxes, the filled volumetric capacity shall not exceed 35,200'' cubic inches plus either 1'' inch of vertical headspace, or 1,950'' cubic inches, whichever is less.

(e) Where a container is represented as having a capacity equivalent to 7 field boxes, the filled volumetric capacity of same shall not exceed 30,900'' cubic inches plus either 1'' inch of vertical headspace, or 1,950'' cubic inches, whichever is less.

(f) Where a container is represented as having a capacity equivalent to 6 field boxes, the filled volumetric capacity of same shall not exceed 27,000'' cubic inches plus either 1'' inch of vertical headspace, or 1,950'' cubic inches, whichever is less.

(g) Where a container is represented as having a capacity equivalent to 5 field boxes, the filled volumetric capacity of same shall not exceed 23,100'' cubic inches plus either 3/4'' inch of vertical headspace, or 1,300'' cubic inches, whichever is less.

(3) All such containers shall be conspicuously and permanently marked with the applicable standard field box equivalent in numerals at least one inch in height and width:

Example: “11 Box”, “10 Box”, “9 Box”, “8 Box”, “7 Box”, “6 Box”, “5 Box”

(4) If any pallet box container is determined to contain more cubic inches than provided in paragraphs (2)(a) through (g) when the container volume plus the headspace volume have been added together for a specific container size, and which is less than the volume of the next larger container size without any headspace, such containers shall be conspicuously and permanently marked as the next size larger container in letters at least one inch in height and in width.

(5) Except as provided in subsection (6), for purposes of this section, in measuring all containers in order to determine the capacity in terms of cubic inches, the interior measurements shall be used. However, adjustment shall be made for any interior structures which diminish usable capacity.

(6) Containers which have excessive bulge when filled, or containers which are configured in ways that make geometric measurement difficult or impractical, may be measured for compliance purposes using either of the following methods:

(a) Volumetric capacity shall be computed by filling the container with water. The net weight of the water shall be converted to cubic inches of space according to the following formulae: 1 gallon of water = 8.33 pounds = 231 cubic inches, or cubic inches of space = 27.731 x (lbs. of water); or

(b) Compliance with subsection (2) may be determined through the use of official standard containers provided by the Florida Department of Agriculture and Consumer Services and a determination of equivalent volumetric capacity using a visual comparison between the filled official standard 11, 10, 9, 8, 7, 6 and 5 box containers and the container being measured. Such official standard containers shall be provided by FDACS and shall be made available to persons wishing to use same as measuring units under reasonable terms and conditions.

Example: Fruit is filled evenly to the top of a 10 box FDACS standard container. The same fruit and volume of fruit must fit into the container being measured in the same manner, with similar packing technique and no crushing of fruit. If fruit dumped from the official 10 box standard container under fills the container being measured, the container being measured cannot be marked “10 box, “but must be marked to reflect a larger capacity.

1. Such official standard containers shall have a base with inside dimensions which measure 42'' inches x 42'' inches and shall contain four corner posts which shall each have a cross-sectional area containing 6.125'' square inches and shall measure 3.50'' inches for each of the two sides forming the right angle and an hypotenuse which measures 4.95'' inches.

2. The inside height specifications, including headspace shall be as follows:

11 box 28.91

10 box 26.50

9 box 23.59

8 box 21.17

7 box 18.76

6 box 16.52

5 box 14.03

3. The dimensions provided in subparagraph 1. and 2. are for the purpose of providing for official standard container and are not mandatory dimensions for other containers.

(c) If a container complies with the provisions of this section by geometric measurement or by either of the methods described in this paragraph, such container shall be determined to be properly marked as to volumetric capacity.

(7) Fruit quantity reported on trip tickets as required in Rule 20-2.0031, F.A.C., shall be calculated using the number of field boxes represented by the marked container, unless the actual number of field boxes or weight of the fruit is known and can be established by competent proof.

(8) No citrus fruit dealer shall harvest or handle citrus fruit off the premises of a registered packing house, unless such fruit is handled in containers marked in accordance with this section.

(9) In the case of all standard containers, headspace may be filled in accordance with industry practice to permit settling of fruit in transit and to prevent damage during stacking.

(10) In any compliance determination a +/ – 1.5% tolerance shall be applied to the standard volumetric capacity, thus allowing for the natural flexing and stretching of container materials.

(11)(a) Although every container described in this section is required to comply with the provisions contained herein, in the enforcement of these rules the Florida Department of Agriculture and Consumer Services shall be permitted to conduct a compliance inspection. An inspector may select containers at random in a sample lot designated by the inspector for testing. Sample lot shall not exceed 5% of the containers in question. In any event, the number of sample units tested shall be not less than 5% of the units contained in the sample lot, and at the discretion of the Department, this number may be increased. The sample lot may be deemed to fail if 15% of the containers tested are found to not meet the provisions of this section.

(b) Citrus fruit dealers must make all containers in active use accessible for sampling and testing upon reasonable request by the inspector. Failure to make containers accessible for inspection shall be sufficient cause to seize containers or postpone the inspection of fruit contained in such containers.

(12) Any person, including growers and container manufacturers, having reasonable cause, may request the FDACS to test and certify the volumetric capacity of any container for compliance under this section. The FDACS may charge a reasonable fee for this service based upon actual cost to the FDACS.

(13) Citrus fruit dealers purchasing new containers shall be required to obtain from the manufacturer a letter of certification as to their volumetric capacity.

Rulemaking Authority 601.10(1), (7), 601.11, 601.69 FS. Law Implemented 601.69 FS. History–New 8-1-90, Amended 12-13-92, 6-23-94, 10-23-94, 11-26-20.