The purpose of this proposed rulemaking is to replace the Annual Food Permit Application, DACS-14306, (Rev. 06/03), with the Annual Tomato Packer/Repacker Permit Application, DACS-07151, (Rev. 08/08), and to update the references to the best ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Fruit and Vegetables

RULE NO: RULE TITLE
5G-6.007: Annual Food Permit Requirements of Tomato Packers and Repackers
5G-6.009: Tomato Best Practices Manual
PURPOSE AND EFFECT: The purpose of this proposed rulemaking is to replace the Annual Food Permit Application, DACS-14306, (Rev. 06/03), with the Annual Tomato Packer/Repacker Permit Application, DACS-07151, (Rev. 08/08), and to update the references to the best practices documents to their latest revisions. The effect of the proposed rule amendments will update the permitting requirements for tomato packers and repackers and the references to the latest revisions of the incorporated best practices documents.
SUMMARY: Rule 5G-6.007 – Requires that all tomato packers and repackers apply for an annual permit to operate; establishes a $100 fee for the annual permit; and requires that all fees and fines collected from inspections for tomato packers and repackers be deposited into the general inspection trust fund.
Rule 5G-6.009 – Incorporates by reference the Tomato Best Practices Manual and the Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 500.09(1)(b), (3), (4), 500.12(1)(b), (f), 570.07(6), 570.07(23) FS.
LAW IMPLEMENTED: 500.03(1)(n), 500.09(1)(b), (4), 500.12(1)(a), (b), (f), 570.48(2)(e), 570.481(1)(a), (b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Shannon Shepp, Director, Division of Fruit and Vegetables, 500 3rd St. N. W., Winter Haven, FL 33881. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Shannon Shepp, Director, Division of Fruit and Vegetables, 500 3rd St. N. W., Winter Haven, FL 33881

THE FULL TEXT OF THE PROPOSED RULE IS:

5G-6.007 Annual Food Permit Requirements of Tomato Packers and Repackers.

(1) An annual food permit is required for all packers and repackers of tomatoes in Florida. A permit number will be assigned by the Department following receipt of the Annual Tomato Packer/Repacker Permit Application, DACS-07151 (Rev. 08/08) Annual Food Permit Application, DACS-14306, (Rev. 06/03), herein incorporated by reference., A a copy of the permit application which can be obtained by contacting from the Florida Department of Agriculture and Consumer Services, Division of Fruit and Vegetables, P. O. Box 1072, Winter Haven, Florida 32881-3403 or on the internet at http://www.doacs.state.fl.us/onestop/forms/07151.pdf.

(2) The annual permit fee shall be $100.00 per applicant and must accompany the Annual Tomato Packer/Repacker Food Permit Application. No establishment shall be issued a food permit until all applicable fees are received by the Department.

(3) No change.

Rulemaking Specific Authority 500.09(3), 500.12(1)(b), (f), 570.07(6), 570.07(23) FS. Law Implemented 500.03(1)(n), 500.12(1)(a), (b), 570.48(2)(e), 570.481(1)(a), (b) FS. History–New 4-16-08, Amended _________.

 

5G-6.009 Tomato Best Practices Manual.

(1) The Tomato Best Practices Manual (DACS-P-01580, Rev.10/08) (November 2007) is hereby incorporated by reference in this rule section and contains the specifications of the T-GAP and the T-BMP. Copies of the manual may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Fruits and Vegetables, P.O. Box 1072, Winter Haven, Florida 33881-3403, [phone] or obtained electronically through the following website: http://www.doacs.state.fl.us/fruits/.

(2) The following document has been adopted by reference into the Tomato Best Practices Manual, (November 2007) and is also incorporated by reference into this rule: The Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008), Edition 1.0 is hereby adopted and incorporated by reference. The Guidelines document was developed by the North American Tomato Trade Working Group composed of the United States, Canada and Mexico and is recognized in the Tomato Best Practices Manual as guidance for good agricultural practices. A copy may be obtained electronically through the following website: http://www.floridatomatoes.org/TomatoGuidelines July08FINAL.pdf http://research.ifas.ufl.edu/administration/tomatsup.pdf.

Rulemaking Specific Authority 500.09(1)(b), (4), 500.12(1)(f), 570.07(6), 570.07(23) FS. Law Implemented 487.041, 500.09(1)(b), (4), 500.12(1)(f) FS. History–New 4-16-08, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Shannon Shepp, Director, Division of Fruit and Vegetables
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 26, 2008