Purpose; Establishment of Campaign, Definitions, Adoption of the Florida Agricultural Promotional Campaign Identifiers, Use of the Identifiers; Deposit of Funds, Participant Registration; Application Forms; Classes of Membership, Renewal, ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Marketing and Development

RULE NO.: RULE TITLE:

5H-17.001   Purpose; Establishment of Campaign

5H-17.002  Definitions

5H-17.003  Adoption of the Florida Agricultural Promotional Campaign Identifiers

5H-17.004  Use of the Identifiers; Deposit of Funds

5H-17.005  Participant Registration; Application Forms; Classes of Membership

5H-17.006  Renewal

5H-17.007  Acquisition Procedures for Purchasing Services Directly Related to the Campaign

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 207, October 24, 2016 issue of the Florida Administrative Register.

 

5H-17.001 Purpose; Establishment of Campaign.

Rulemaking Authority 571.24(9) FS. Law Implemented 571.22, 571.24 FS. History–New 6-22-92, Repealed, _________.

 

Substantial rewording of Rule 5H-17.002 follows. See Florida Administrative Code for present text.

5H-17.002 Definitions.

For purposes of this chapter, the definitions in Section 571.23, F.S., and the following shall apply:

(1) “Agricultural product”  as defined in Section 571.23, F.S. means any fresh or processed horticultural, aquacultural, viticultural, fish or seafood, dairy, poultry, apicultural, or other farm or garden product.

(2) through (7) No change.

(8) “Non-profit/Educational Organization” is a membership classification which means a non-profit organization, or all schools a group within the education system of Florida.

(9) through (13) No change.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.23 FS. History–New 6-22-92, Amended 9-20-93, 12-12-93, Amended,_________.

 

Substantial rewording of Rule 5H-17.003 follows. See Florida Administrative Code for present text.

5H-17.003 Adoption of the Florida Agricultural Promotional Campaign Identifiers.

(1) No change.

(2) The “Fresh From Florida” Identifier is eligible for use on items that are  unprocessed Florida Agricultural products. In addition, Florida agricultural products in the following categories must meet the specified criteria in order to use the “Fresh From Florida” Identifier:

(a) Meats/Proteins: the agricultural product must be derived from animals born, raised and finished in Florida.  Slaughter and processing must take place in a USDA inspected facility in Florida or within 21 days of exiting the state of Florida en route directly to a USDA inspected slaughter facility, and must comply with USDA labeling guidelines. The following USDA labeling guidelines are hereby incorporated by reference and available online at

1. 9 CFR 317, January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

2. 9 CFR 381, January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  

(b) Agritourism activities: The “Fresh From Florida” Identifier is eligible to be used in the promotion of agritourism activities within the state of Florida.

(c) No change.

(3) through (5) No change.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24(1) FS. History–New 6-22-92, Amended,_________.

 

5H-17.004 Use of the Identifiers; Deposit of Funds.

No change.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS. History–New 6-22-92, Amended,_________.

 

Substantial rewording of Rule 5H-17.005 follows. See Florida Administrative Code for present text.

5H-17.005 Participant Registration; Application Forms; Types of Membership; Renewal.

(1) through (4) No change.

(5) Forms. The following documents are hereby incorporated by reference.  Copies of these documents can be obtained from the Division of Marketing and Development, FAPC Section, 407 South Calhoun Street, M-9, Tallahassee Florida 32399-0800 or online as indicated:

(a) “Fresh From Florida” Membership Application, FDACS-06203 (Rev. 11/16) (Rev. 08/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-????

(b) through (c) No change.

Rulemaking Authority 570.07(23), 571.24, 571.25(2) FS. Law Implemented 571.25 FS. History–New 6-22-92, Amended 9-20-93, 12-12-9, Amended,_________.

 

5H-17.006 Penalties.

(1) No change.

(2) The department is also authorized by Section 571.301, F.S., 570.301, F.S., to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act  or this rule chapter.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.29, 571.301 570.301 FS. History–New 6-22-92, Amended,_________.

 

5H-17.007 Acquisition Procedures for Purchasing Services Directly Related to the Campaign.

Rulemaking Authority 571.27 FS. Law Implemented 571.27 FS. History–New 6-22-92. Repealed, _________.