This rulemaking will increase the fees for grading services for regular hours, overtime hours, holiday hours, regular shift differential, and overtime shift differential as well as adding an additional charge of $9.00 per hour to overtime hours ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-5.014Grading Services for Poultry

PURPOSE AND EFFECT: This rulemaking will increase the fees for grading services for regular hours, overtime hours, holiday hours, regular shift differential, and overtime shift differential as well as adding an additional charge of $9.00 per hour to overtime hours worked at a resident location on a shift beginning after 3:00pm.

SUMMARY: The proposed rule is being requested pursuant to a cooperative agreement with the USDA. The USDA’s grading service fees are being increased, making it necessary for the Department to increase fees accordingly in order to retain the Poultry and Egg Grading program.

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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon a calculation using the number of hours worked performing grading services during last fiscal year. Additionally, no interested party submitted additional information regarding the economic impact.

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: 570.07(23), 583.04, F.S.

LAW IMPLEMENTED: 583.051, 583.052, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5K-5.014 Grading Services for Poultry.

(1) Definitions. As used in this rule, the following definitions shall apply:

(a) through (f) No change.

(g) Overtime shift differential means additional compensation of $9.00 $2.00 per hour added to a grader’s overtime hourly wage on a shift beginning after 3:00 p.m.

(2) No change.

(3) Under that agreement and to offset the cost of providing services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Regular Hours                                                                                                                                                            $48.50 34.85

2. Overtime Hours                                                                                                                                                       $80.00 $39.45

3. Holiday Hours                                                                                                                                                         $97.00 $52.50

4. Regular Shift Differential                                                                                                                                         $50.50$36.85

5. Overtime Shift Differential                                                                                                                                      $89.00 $41.45

6. In addition to the charge for the grader’s time per hour, an additional charge of $2.00 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 3:00 p.m. and an additional charge of $9.00 per hour shall be charged to overtime hours worked at a resident location on a shift beginning after 3:00 p.m.

(b) No change.

(4) No change.

(5) USDA volume charge on a per dozen basis will be identified separately on each billing statement.

(5) (6) For purposes of this rule, holiday hours means those hours of work performed during days identified by the State of Florida as official holiday days for state personnel.

Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-7.014, Amended 9-30-96, 9-5-01, 7-1-06, 7-1-10, 6-1-11, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Matthew Curran, Director Division of Food Safety

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 8, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 10, 2019