20-64.021. Water Extracted Soluble Fruit Solids

(1) Water extracted soluble fruit solids are the food products for further manufacturing use, recovered in the presence of water from the unfermented excess fruit pulp removed during the production of citrus juice products, commonly known as washed pulp solids.

(2) Except as provided in subsection (3), storage of water extracted soluble fruit solids shall be restricted as follows:

(a) Water extracted soluble fruit solids may be stored in readily identifiable bulk containers of not less than 45-gallon capacity. To be readily identifiable each container shall be painted yellow or shall have a minimum 5 inch wide painted yellow band around the outside of the barrel, and barrels so painted shall not be used at any time as containers for any other regulated citrus juice products, or

(b) Water extracted soluble fruit solids may be stored in totally segregated tanks. To be totally segregated, each tank shall be unconnected in any way to any tank in which concentrated or single-strength citrus juices are stored.

(3) Upon notification to the United States Department of Agriculture, Processed Products Branch, in-plant inspector, water extracted soluble fruit solids may be accumulated for immediate shipment in a separate inspected temporary holding container not connected to any other container or tank used for storage of concentrated citrus juices, which container shall have a volume in excess of 1,000 gallons but less than 7,500 gallons. For purposes of this section, immediate shipment shall mean shipment within 48 hours of manufacture. Once placed in such approved temporary holding container water extracted soluble fruit solids may not be removed therefrom except upon notification to the United States Department of Agriculture, Processed Products Branch, in-plant inspector for direct loading into the shipping vehicle or for placement directly into bulk storage containers meeting the requirements of subsection 20-64.021(2), F.A.C.

(4) Approved plants operating under the Florida Quality Systems Certification Program (20-64.025) are excepted from the notice provisions of subsection (3) above, but are required to follow documented program guidelines for handling of Water Extracted Soluble Fruit Solids.

(5) Water extracted soluble fruit solids shall not be placed, for shipment or storage purposes, in any container which contains other citrus juice products, nor shall any citrus juice product be placed in any container which contains water extracted soluble fruit solids; except that water extracted soluble fruit solids to which a tracer has been added in accordance with paragraph (5)(a) may be used in producing beverage bases. Beverage bases manufactured for offshore shipment outside the United States and foreign countries listed in subsection 20-64.021(7), F.A.C., may contain water extracted soluble fruit solids without tracer if handled and accounted for as in subsection 20-64.021(9) paragraphs (a), (c), (d) and (e), F.A.C.

(6)(a) All water extracted soluble fruit solids shall have added thereto as a tracer, the direct food additive sodium benzoate, as provided by Title 21, section 184.1733, Code of Federal Regulations, as amended February 14, 1984, incorporated herein by reference, so such product contains an amount not less than 50 ppm or more than 100 ppm, when calculated at a reconstituted Brix of 11.8 degrees from water extracted soluble solids of oranges, tangerines, citrus hybrids and sour orange fruit, and at a reconstituted Brix of 10.0 degrees for water extracted soluble grapefruit solids. When the water extracted soluble fruit solids are stored in barrels, the sodium benzoate shall be added at the time of initial manufacture and prior to being placed in the barrels. When the water extracted soluble fruit solids are stored in tanks, the sodium benzoate shall be added immediately after withdrawal from the tanks in which it was stored.

(b) Each lot or container of water extracted soluble fruit solids shall, immediately upon manufacture, be labeled “water extracted soluble ___ solids with sodium benzoate added as tracer,” if sodium benzoate has been added, or “water extracted soluble ___ solids,” if sodium benzoate has not been added, the blank being filled with the common name or species of citrus fruit, as appropriate. Such labeling shall be upon the container in an appropriate manner reasonably designed to insure proper identification of the product at all times.

(7) [Reserved]

(8) Subsection 20-64.021(5), F.A.C., shall not apply to product packed and certified, at the time of manufacture, for export shipment by the licensed citrus fruit dealer who manufactured the product, to countries outside the United States, other than the countries and territories of: Antigua and Barbuda, Barbados, Belize, Canada, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Panama, Saint Christopher-Nevis, Saint Lucia, Saint Vincent, and Grenadines, Trinidad and Tobago, British Virgin Islands, Bahamas. Product so certified shall be appropriately identified for offshore export only, and may not subsequently be shipped or used domestically. To qualify for this exemption all products must be handled and accounted for in accordance with subsection 20-64.021(9), F.A.C., of this chapter.

(9) Each lot or container of water extracted soluble fruit solids shall be subject to sampling and analysis by the Processed Products Standardization and Inspection Branch, Fruit and Vegetable Division, United States Department of Agriculture.

(10) Water extracted soluble fruit solids, packed and certified for export shipment pursuant to the provisions of subsection 20-64.021(7), F.A.C., hereof, shall be handled and accounted for as follows:

(a) Prior to the manufacturing of each lot or container of tracer exempt water extracted soluble fruit solids, a United States Department of Agriculture in-plant inspector must be so advised. Once manufactured, such product shall be physically identified by individual container numbers, which numbers shall be recorded on a certificate, executed by the manufacturer and issued in triplicate, with copies to the manufacturer, United States Department of Agriculture and Consumer Services and Florida Department of Agriculture and Consumer Services, Division of Fruit and Vegetables. Such certificate shall be on a form provided by the Florida Department of Agriculture and Consumer Services (Form DACS-07159, http://www.flrules.org/Gateway/reference.asp?No=Ref-04182, incorporated by reference herein).

(b) All exempt product must be placed in readily identifiable bulk containers bearing three, 5-inch wide yellow bands around the outside of the container. If the entire vertical surface of a container has been painted yellow, such a yellow container may be used provided the words “for export only” are prominently shown in contrasting color in letters that are at least three inches high. The product shall be kept at all times separated from other inventories of non-exempt product. For the purpose of this rule, bulk containers shall not include mobile tankers.

(c) The Florida Department of Agriculture, Division of Fruit and Vegetables shall audit the inventory of exempt product of each licensed citrus fruit dealer on a regular basis to determine compliance with this section.

(d) The licensed citrus fruit dealer who manufactures water extracted soluble fruit solids shall provide documentation of offshore shipment of all such product manufactured and not physically in inventory at the time of the audit. Acceptable documentation of offshore export shipment must be via photocopy of on-board bill of lading issued by the master or agent of the vessel reflecting identification numbers of containers received on board. Except as provided in paragraph (e), product without tracer may not be sold, consigned, or title thereto otherwise transferred prior to delivery by the licensed citrus fruit dealer to the possession of the carrier vessel and product has been loaded on board. When such product is finally exported, the licensed citrus fruit dealer shall be responsible for providing documentation by bill of lading reflecting, via container number, export of water extracted soluble fruit solids, or volume and description of exported product manufactured from such water extracted soluble fruit solids.

(e) The licensed citrus fruit dealer who manufacturers water extracted soluble fruit solids without tracer may transfer title of water extracted soluble fruit solids product to a broker, when:

1. Such broker is a licensed citrus fruit dealer, and

2. The broker actually exports the product, and

3. The broker is listed as the shipper or consignor on the bill of lading, and

4. The bill of lading shows the name of the manufacturer.

When such a transfer is made, the broker shall be required to provide the manufacturer with copies of the bill of lading and proof of export, in a timely manner.

(11) It shall be the burden of the manufacturer of water extracted soluble fruit solids without tracer to show with proper documentation, either the offshore export of the product, that tracer has been properly added thereto, or that the tank in which it is stored is totally segregated.

Rulemaking Authority 601.10(1), (7), 601.11 FS. Law Implemented 601.10(7), 601.11 FS. History–New 3-21-79, Amended 6-24-81, 11-1-81, 1-1-82, 11-24-82, 8-28-84, 4-14-85, Formerly 20-64.21, Amended 9-2-86, 2-3-87, 11-1-88, 11-20-88, 3-19-98, 2-28-06, 6-26-14.