The purpose of the proposed rule is to implement recent statutory revisions to Section 580.041, F.S. See Section 30 of 2012 HB 7021 (2012-190, Laws of Florida), effective July 1, 2012. The effect will be to institute record keeping and reporting ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:
5E-3.020Commercial Feed Sales Quarterly Reporting
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement recent statutory revisions to Section 580.041, F.S. See Section 30 of 2012 HB 7021 (2012-190, Laws of Florida), effective July 1, 2012. The effect will be to institute record keeping and reporting requirements for the type and tonnage of commercial feeds sold in Florida.
SUMMARY: The proposed rule incorporates by reference the form entitled Quarterly Report of Commercial Feeds Distributed in the State of Florida, FDACS-13206, (Rev 07/10), that will be used to comply with new statutorily mandated reporting requirements. The proposed rule also defines penalties against distributors who violate such requirements.
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 rulemaking revises and adopts forms used by the Department to enforce statutes and rules under its jurisdiction. The Department’s economic analysis of the adverse impact of 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 Department’s experiences with form adoption rules of this nature. 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), 580.036(2) FS.
LAW IMPLEMENTED: 580.041 FS.
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: Ms. Kelly Friend, Chief, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building #8, Tallahassee, Florida 32399-1650; [phone]; Kelly.Friend@FreshFromFlorida

THE FULL TEXT OF THE PROPOSED RULE IS:

5E 3.020 - Commercial Feed Sales Quarterly Reporting.

(1) In accordance with Section 580.041(1)(c)3., Florida Statutes, each Distributor of commercial feed shall report to the Department the number of tons of feed distributed in Florida within thirty (30) days after the end of each of the following quarterly reporting periods:

Quarter	Reporting Period
1st Quarter	July 1 – September 30
2nd Quarter	October 1 – December 31
3rd Quarter	January 1 – March 31
4th Quarter	April 1- June 30

 

(2) If a Distributor does not sell any feed during a reporting period, a “zero” report shall be made in accordance with subsection (1).

(3) Distributors shall report the quarterly tonnage distribution required by subsection (1) using either of the following methods:

(a) Through the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or

(b) Written reports may be submitted by completing the Quarterly Report of Commercial Feeds Distributed in the State of Florida, FDACS-13206, (Rev 07/10), which is hereby adopted and incorporated by reference and is available from and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, Feed, Seed and Fertilizer Section, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 or online at http://www.flrules.org/Gateway/reference.

(4) A Distributor who fails to timely file a quarterly tonnage distribution report required by (1) or that makes false statements on a report submitted to the Department is subject to one or more of the penalties provided in Section 580.121, Florida Statutes.

Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.041 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2012