As required by the Department’s cooperative agreement with the USDA, this rulemaking will increase the fees for shell egg grading services to match the fees set by the USDA. The Department consulted with the industry on the proposed rate increase ...  

  • PURSUANT TO SECTION 120.54(6),

    FLORIDA STATUTES

    (ADOPTION OF FEDERAL STANDARDS)

     

    FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Food Safety

    RULE NO.:RULE TITLE:

    5K-6.010Grading Services for Shell Eggs

    PURPOSE, EFFECT, AND SUMMARY: As required by the Department’s cooperative agreement with the USDA, this rulemaking will increase the fees for shell egg grading services to match the fees set by the USDA. The Department consulted with the industry on the proposed rate increase and the industry has indicated that it is supportive of this rulemaking to ensure the Department continues to provide this service to the industry.

    RULEMAKING AUTHORITY:  570.07(23), 583.04, FS.

    LAW IMPLEMENTED:  583.051, 583.052, FS.

    THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 120.54(6), F.S.

    WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Matthew Colson by email at Matthew.Colson@FDACS.gov.

    SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5K-6.010 Grading Services for Shell Eggs.

    (1) through (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: the Voluntary Grading of Shells Eggs Fees and Charges adopted in 7 CFR Part 56, Subpart A, are adopted and incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. A table identifying these rates is published in 84 Federal Register dated May 1, 2019 (18232-18236).

    (a) Grader’s time per hour for:

    1. Regular Hours$48.50

    2. Overtime Hours$80.00

    3. Holiday Hours$97.00

    4. Regular Shift Differential$50.50

    5. Overtime Shift Differential$89.00

    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 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) Travel time and costs:

    1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be charged at the same rate as grading services provided.

    2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, F.S.

    (4) through (5) No change.

    Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-8.010, Amended 9-30-96, 9-5-01, 10-1-06, 7-1-10, 6-1-11, 1-1-20___________.

Document Information

Comments Open:
3/19/2020
Summary:
Matthew Colson by email at Matthew.Colson@FDACS.gov.
Purpose:
As required by the Department’s cooperative agreement with the USDA, this rulemaking will increase the fees for shell egg grading services to match the fees set by the USDA. The Department consulted with the industry on the proposed rate increase and the industry has indicated that it is supportive of this rulemaking to ensure the Department continues to provide this service to the industry.
Rulemaking Authority:
570.07(23), 583.04, F.S.
Law:
583.051, 583.052, F.S.
Related Rules: (1)
5K-6.010. Grading Services for Shell Eggs