5K-6.010: Grading Services for Shell Eggs
PURPOSE AND EFFECT: The rule amendment changes the fee and cost schedule for shell egg grading services provided by Department graders.
SUBJECT AREA TO BE ADDRESSED: The Florida Department of Agriculture and Consumer Services (DACS) provides egg grading services to food establishments that process shell eggs in accordance with US Department of Agriculture standards. The Department charges the shell egg processor an hourly fee to recover the costs of this service. This rule amendment provides an incremental increase to the hourly fees charged to a processor to cover the costs incurred by DACS. Additionally, language is modified to clarify the current terminology used to distinguish between regular hours, overtime hours, holiday hours, regular shift differential and overtime shift differential.
SPECIFIC AUTHORITY: 570.07(23), 583.04 FS.
LAW IMPLEMENTED: 583.051, 583.052 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop #C18, Tallahassee, FL 32399-1650; telephone: (850)245-5520
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
5K-6.010 Grading Services for Shell Eggs.
(1) Definitions. As used in this rule, the following definitions shall apply:
(a) Non-scheduled days Days not previously scheduled or non-specified days means days not scheduled in the application for service.
(b) Department means the Florida Department of Agriculture and Consumer Services.
(c) Non-resident location means a production site to which no full-time grader has been assigned, but the site has been previously approved for grading in accordance with the application for service.
(d) Full-time resident location means a production site to which a full-time grader has been assigned in accordance with an application for service requesting 40 or more hours of grading services per week.
(e) Part-time resident location means a production site where a part-time grader has been assigned to the site in accordance with an application for service requesting less than 40 hours of grading services per week.
(f) Regular shift differential means additional compensation of $2.00 per hour added to a graders regular hourly wage on a shift beginning after 3:00 p.m.
(g) Overtime shift differential means additional compensation of $2.00 per hour added to a graders overtime hourly wage on a shift beginning after 3:00 p.m.
(2) Pursuant to its authority under Section 583.052, Florida Statutes, to cooperate with and enter into agreements with various state and federal agencies, the department has entered a Cooperative Agreement with the United States Department of Agriculture for the providing of a voluntary cooperative shell egg grading service.
(3) Under that agreement and to offset the cost of providing services to the producer who orders them, the department establishes the following schedule:
(a) Graders time per hour for:
1. Regular Hours Resident location $39.50 30.30
2. Overtime Hours $43.50 34.30
3. Holiday Hours Non resident location $59.25 37.30
4. Regular Shift Differential Non specified days $41.50 37.30
5. Overtime Shift Differential $45.50
6.5. In addition to the charge for the graders time per hour, an additional charge of $2.00 1.40 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 3:00 1:00 p.m.
(b) Travel time and costs:
1. Time for travel to and from the graders headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled specified 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 graders headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled specified days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, F.S.
(4) Moneys due to the department for grading services provided to a producer who orders said services must be received within 30 days of the date of invoice.
(5) USDA volume charge on a per dozen basis will be identified separately on each billing statement.
(6) For purposes of this rule, holiday hours means those hours of work performed during days identified by the State of Florida as official holiday days for state personnel.
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. HistoryNew 8-13-92, Formerly 5E-8.010, Amended 9-30-96, 9-5-01, 10-1-06, 7-1-10.
