Amendment requested by USDA to ensure the safety requirements for use of imported products.

DEPARTMENT OF CITRUS

RULE NO.: RULE TITLE:
20-69.002: Requirements for Use of Imported Products
PURPOSE AND EFFECT: Amendment requested by USDA to ensure the safety requirements for use of imported products.
SUMMARY: Ensuring the safety requirements for use of imported products.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: After review, this rule imposes no new standards; rather it is incorporating by reference those federal standards already in place and being used by the industry as its standards.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 601.10(1),(7), 601.11 FS.
LAW IMPLEMENTED: 601.10(7), 601.11, 601.155 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, License & Regulation Specialist, Florida Department of Citrus, P. O. Box 9010, Bartow, FL 33831-9010 or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

20-69.002 Requirements for Use of Imported Products.

Processed citrus products, in any form, processed in other areas and imported into Florida, may be reprocessed, blended, mixed or repackaged only under the following condition:

The product is graded by the United States Department of Agriculture (USDA) and deemed fit for human consumption and is accompanied by a certificate of Grade issued by USDA and product is certified to meet applicable requirements of the United States Standards for Grades of Orange Juice, Eff. 1-10-83; United States Standards for Grades of Grapefruit Juice, Eff 9-12-83; United States Standards for Grades of Canned Tangerine Juice, Eff 7-1-69; United States Standards for Grades of Frozen Concentrated Blended Grapefruit Juice and Orange Juice, Eff. 9-21-68, incorporated by reference and U.S. Food and Drug Administration, Code of Federal Regulations, Title 21, Chapter 1, Parts 1-1299, Volumes 1-8, Eff. 4-1-11, incorporated herein by reference.

(1) A certificate of inspection, issued by an inspector licensed or recognized by the United States Department of Agriculture, and a signed statement issued by a duly authorized representative of the licensed citrus fruit dealer who intends to reprocess the imported citrus product, shall accompany each and every shipment or lot of such product.

(a) The certificate of inspection shall affirmatively show:

1. That the imported product satisfied every requirement of the U.S. Food and Drug Administration, Department of Citrus rules, the Florida Statutes and applicable U.S. Grade Standards, with respect to fitness for human consumption and freedom from foreign materials, and

2. In the Grade Statement portion of the certificate, that the product “MEETS REQUIREMENTS OF FLORIDA DEPARTMENT OF CITRUS RULE CHAPTER 20-69.”

(b) The signed dealer statement shall affirmatively show that the imported citrus product meets the following requirements:

1. That the fruit from which the product was produced met the minimum maturity requirements as set forth in Florida Statutes and Department of Citrus rules, except that there shall be no requirement as to minimum acid, and

2. That the imported product is free of additives of any kind as defined by the Florida Statutes, and has a sodium value less than 50 ppm when calculated at a reconstituted degree Brix and in a manner prescribed in Section 6.18.1 through 6.18.3 of the Citrus Handbook issued by the United States Department of Agriculture, March 1993, and paragraph (6) of this section and

3. That the imported product meets all requirements of Florida Department of Citrus rule Chapter 20-69, F.A.C.

(c) If accompanied by a USDA certificate in accordance with paragraph 20-69.002(1)(a), F.A.C., sampling and inspection by the USDA shall be limited to additives as defined by the Florida Statutes.

(2) If the product is not accompanied by a USDA certificate and signed dealer statement in accordance with subsection 20-69.002(1), F.A.C., of this section, the imported product, prior to use, must be sampled and inspected by the USDA, Processed Products Branch, Winter Haven Field Office, and certified as follows:

(a) That the imported product meets all requirements of the U.S. Food and Drug Administration, and the Florida Statutes, and all applicable U.S. Grade Standards with respect to fitness for human consumption and freedom from foreign materials, and that the imported product is free of additives of any kind as defined by Florida Statutes.

(b) The Grade Statement portion of the certificate, shall state: “MEETS REQUIREMENTS OF FLORIDA DEPARTMENT OF CITRUS RULE CHAPTER 20-69.”

(3) If the product is not accompanied by a signed dealer statement in accordance with subsection 20-69.002(1), F.A.C., of this section, a statement issued and signed by a duly authorized representative of the licensed citrus fruit dealer who intends to reprocess the imported product must be filed with the USDA which affirmatively verifies that:

(a) The fruit from which the product was produced met the minimum maturity requirements as set forth in Florida Statutes and Department of Citrus rules, except that there shall be no requirement as to minimum acid, and

(b) That the imported product is free of additives of any kind as defined by the Florida Statutes, and has a sodium value less than 50 ppm when calculated at a reconstituted degree Brix and in a manner prescribed in Section 6.18.1 through 6.18.3 of the Citrus Handbook issued by the United States Department of Agriculture, March 1993, and subsection (6) of this section, and

(c) That the imported product meets all requirements of Florida Department of Citrus rule Chapter 20-69, F.A.C.

(4) All processed citrus products containing imported product, shall be subject to all provisions of the Florida Statutes and Department of Citrus rules relating to grading and inspection, which are applicable to Florida citrus products.

(5) Prior to product being tested a “lot” shall be defined in a manner as defined in 7 CFR Part 52.2, September 1986. No lot of imported citrus product failing to meet the requirements of this rule shall be reprocessed in any manner, or blended with any other citrus product.

(6) Retesting of Failed Lots:

(a) Where lots of imported processed citrus products are found to exceed the maximum sodium levels prescribed by this chapter, at the request of the processor, such product may be retested, provided product has not been co-mingled with other lots of citrus products.

(b) Retesting of lots will be sampled and tested by individual containers and passage or failure will be determined by averaging of all analysis.

(c) In the event passing product is co-mingled with product that has failed, all such co-mingled product shall be deemed to have failed and may not be retested.

Rulemaking Authority 601.10(1),(7), 601.11 FS. Law Implemented 601.10(7), 601.11, 601.155 FS. History–Formerly 105-1.27(2), Revised 1-1-75, Amended 3-16-80, Formerly 20-69.02, Amended 6-9-91, 1-19-93, 10-15-95, 6-8-97,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Debra J. Funkhouser, Acting Executive Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Debra J. Funkhouser, Acting Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2012