Navel and Ambersweet oranges: 2012-13 Anhydrous Acid Maturity Standards  

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    DEPARTMENT OF CITRUS

    RULE NO.: RULE TITLE:
    20ER12-1: Navel and Ambersweet oranges: 2012-13 Anhydrous Acid Maturity Standards
    SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Section 120.54(4)(a), FS, authorizes state agencies to engage in emergency rulemaking upon a finding that there is an immediate danger to the public health safety or welfare, and section 120.54(4)(b) specifically includes rules pertaining to perishable agricultural commodities in the category of public health, safety, and welfare.
    The Department received a petition requesting emergency rulemaking from the Florida Citrus Packers Association, a non-profit industry organization located in Lakeland, Florida.
    The emergency is due to extreme rainfall from Hurricane Isaac during the last week of August and the first week of September causing a significant portion of the navel and ambersweet orange crop to not meet the current minimum requirement and such emergency action would allow the salvage of wholesome fruit.
    Strict enforcement of the anhydrous acid content requirements shall result in economic waste by causing good and safe food to be ruled immature, therefore causing damage to the public welfare.
    REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The following notice procedure was used and relied upon by the Department of Citrus to inform the public and the Florida citrus industry of the pending adoption of emergency Rule 20ER12-1: Notice of emergency rulemaking to be taken up at an emergency meeting of the Florida Citrus Commission was made by email on October 17, 2012, to the Florida Citrus Commission, industry organizations, the Florida Press Corps and all other interested parties.
    Procedures used are fair under the circumstances and are adequate to protect the public interest.
    SUMMARY: emergency rule lowering the acid requirement for Navels and Ambersweet varieties from the current minimum standard of .4% to .36% through and until July 31, 2013.
    THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Alice Wiggins, Administrative Assistant, Legal, Florida Department of Citrus, P O Box 9010, Bartow, FL 33831 or awiggins@citrus.state.fl.us

    THE FULL TEXT OF THE EMERGENCY RULE IS:

    20ER12-1 Navel and Ambersweet oranges: 2012-2013 Anhydrous Acid Maturity Standards.

    During the period beginning October 19, 2012 up to and including July 31, 2013, navel and ambersweet oranges shall be deemed mature when the juice sample contains not less than .36 percent of anhydrous citric acid.

    Rulemaking Authority 601.111 FS. Law Implemented 601.111 FS. History--New 10-19-12.

     

    THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
    EFFECTIVE DATE: October 19, 2012