Amending rule regarding required grading, allowing for a less strict grading requirement for fruit placed in storage bins for less than 24 hours.

 

DEPARTMENT OF CITRUS

RULE NO.:RULE TITLE:

20-62.003Required Grading and Facilities

PURPOSE AND EFFECT: Amending rule regarding required grading, allowing for a less strict grading requirement for fruit placed in storage bins for less than 24 hours.

SUMMARY: Cost savings for grading for wholesomeness for fruit left in the storage bins in a processing facility for less than 24 hours.

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: based on their review of the current rules governing citrus processing and the severe negative impact of Huanglongbing on the citrus industry, the Florida Citrus Processors Association has requested that the Department amend the current rule to allow for lower costs for grading purposes. Due to the lack of fruit, inspected citrus fruit is not remaining in storage bins for as long a period of time as it did during higher crop years, therefore making a second inspection for wholesomeness unnecessary. The estimated regulatory costs of such an amendment shall not exceed the five-year, one-million-dollar threshold outlined in section 120.541(2), Florida Statutes.

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(7), 601.24 FS.

LAW IMPLEMENTED: 601.10(7), 601.24 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 19, 2018, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 East Main Street, Bartow, Florida 33830

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, Legal Assistant, P O Box 9010, Bartow, FL 33831 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-62.003Required Grading and Facilities.

(1) All The processing plants shall properly grade each lot of fruit to meet the requirements of wholesomeness, before attempting to process fruit. The primary grading shall be achieved using roller-type grading belts, which shall be of sufficient size and length to allow removal of unwholesome fruit and manned by competent graders at all times when fruit is received for storage or processing.

(2) When transferring fruit from storage bins to the extractor, a secondary grading shall be required if the fruit has remained in storage bins for more than 24 hours. The processor must provide records disclosing the time and date of all fruit being placed in and removed from bins, and additional records shall document that the secondary grading belts were manned with competent graders and the hours of operation for examination by inspectors if fruit is held in bins for more than 24 hours. This shall not apply to fruit conveyed by belt from adjacent packinghouses, if the fruit was properly graded prior to reaching the conveyor. All processing plants shall be equipped with a roller-type grading belt conveyor of adequate length to permit removal of unwholesome fruit before bin storage.  Grading belts shall be manned with competent graders at all times when fruit is received for storage or processing.  This shall not apply to fruit conveyed by belt from adjacent packinghouses, if the fruit was properly graded before reaching the conveyor.

(3) All processing plants shall be equipped with roller-type grading belts somewhere along the conveyor transferring fruit from storage bins to the extractor.  Such grading belts shall be of sufficient size and length to allow removal of unwholesome fruit and manned by competent graders at all times of operation.

Rulemaking Authority 601.10(7), 601.24 FS. Law Implemented 601.11, 601.10(7), 601.24, 601.53 FS.  History--Formerly 105-1.25(1), (2), Amended 1-1-75, Formerly 20-62.03, Amended                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elliott V. Mitchell, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Citrus Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2018