The purpose of this rulemaking is to clarify “Fresh From Florida” Identifier eligibility and revise participant registration and guidelines. Forms referenced in rule have been updated and simplified.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Marketing and Development

RULE NO.:RULE TITLE:

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; Types of Membership; Renewal

PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify “Fresh From Florida” Identifier eligibility and revise participant registration and guidelines. Forms referenced in rule have been updated and simplified.

SUMMARY: Florida milk producers which meet the criteria set forth in 5H-17.003 may be eligible to use “Fresh From Florida” Identifier on product packaging; allied members qualify for Non-Paid Membership; and logo incentive annual maximum per entity increases from $1,500 to $5,000.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), 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: 570.07(23), 571.24, 571.25(2) F.S.

LAW IMPLEMENTED: 571.23, 571.24(1), 571.25, 571.26 F.S.

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: Eric Sespico, Assistant Director, Division of Marketing and Development, 407 S. Calhoun Street, Tallahassee, FL, 32399, phone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5H-17.002 Definitions.

(1) through (11) No change.

(12) “Unprocessed” means that the food is in its raw state and has not been frozen or subjected to any form of thermal or metabolic processing or preservation, except the following: refrigeration, pasteurization, homogenization, the use of waxes or coatings, the use of post-harvest pesticides, the application of a mild chlorine wash or mild acid wash on produce, or the treatment of raw foods with ionizing radiation.

(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, 2-8-17, 8-26-20, 7-18-23, ______ .

 

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

(1) The Identifiers are emblems designed, determined, and adopted as identifiers for use in advertising, publicizing and promoting the sale of Florida agricultural products. The Identifiers are available for use in marketing Florida agricultural products only by persons or companies who are “Fresh From Florida” members and comply with the provisions of this chapter.

(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 label 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-07775.

2. 9 CFR 381, January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07776.

(b) Milk: The “Fresh From Florida” Identifier is eligible for use only on milk that is pasteurized in Florida in accordance with Chapter 5K-10, Florida Administrative Code, and Chapter 502, Florida Statutes. The raw milk used to make the pastuerized milk governed by this rule must originate from the animals of a dairy farm located and permitted in Florida. 

(c)(b) Agritourism activities: The “Fresh From Florida” Identifier is eligible for use in the promotion of agritourism activities within the state of Florida.

(d)(c) Seafood: The “Fresh From Florida” Iidentifier is eligible for use on all Florida seafood products or in the promotion of such products. Seafood products must be landed, grown, or harvested in Florida and shall not have been combined with a non-Florida agricultural product.

(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 2-8-17, 8-26-20, 7-18-23,              .

 

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

(1) No change.

(2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners or business signage, that are profane, vulgar, racist, hateful or that meet the definition of obscene as set forth in Section 847.001(12)(10), F.S.

(3) through (6) No change.

(7) Terminology that suggests endorsement by the department such as “endorsed,” “exclusive,” “certified,” and “preferred” may not be used while promoting affiliation with the “Fresh From Florida” brand. 

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS. History–New 6-22-92, Amended 2-8-17,              .

 

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

(1) through (2) No change.

(3) Types of Membership.

(a) Paid Membership. Must submit a $50 membership fee with the application.

1. Producer

2. Broker Producer – Upick

3. Shipper/Distributor/Packer/Repacker Broker

4. Wholesaler Shipper/Distributor/Packer/Repacker

5. Allied Member

6. Wholesaler

(b) Non-paid Membership. A membership fee is not required with the application.

1. through 2. No change.

3. A Florida Saltwater Products Dealers License holder pursuant to Section 379.361, F.S.

3.4. A Florida Wholesaler Saltwater Products Dealers License holder pusuant to Section 379.362, F.S.

4.5. Persons who have apid alligator egg collection fees pursuant to Section 379.3751, F.S.

5. Allied Member

(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. XX/2403/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX15497.

(b) “Fresh From Florida” Member Renewal Form, FDACS-06611 (Rev. XX/2408/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX-07828.

(c) “Fresh From Florida” Logo Incentive Program Application, FDACS-06711 (Rev. XX/2408/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07829.

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, 12-12-93, 2-8-17, 8-26-20, 7-18-23,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Susie McKinley, Director of Marketing and Development

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 05, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 15, 2024