Amending rule to bring into practices currently utilized in maturity testing of fresh fruit; repealing “Break in Color” testing no longer use.

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-34.001Test House Facilities and Equipment to be Furnished

20-34.002Official Juice Extraction Equipment

20-34.004Sample for Break in Color Test

20-34.005Requirements for Break in Color

20-34.006Juice Content in Grapefruit - Sampling and Testing

20-34.007Juice Content in Oranges - Sampling and Testing

20-34.008Solids-Acid Ratio Maturity Test - Drawing Sample

20-34.009Solids-Acid Ratio Maturity Test

20-34.013Tests May be Made Anywhere

20-34.018Destruction of Fruit

20-34.020Samples to be Taken from All Grades, Sizes or Other Division in All Lots

PURPOSE AND EFFECT: Amending rule to bring into practices currently utilized in maturity testing of fresh fruit; repealing “Break in Color” testing no longer use.

SUMMARY: Repealing unnecessary rules and amending rules for clarity.

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: upon review of the proposed new rule, the department has determined that the rule will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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(1), (7), 601.24, 601.44 FS.

LAW IMPLEMENTED: 601.11, 601.24, 601.25, 601.44 FS.

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

DATE AND TIME: Wednesday, May 16, 2018, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 E Main St, Bartow, FL 33830

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-34.001 Test House Facilities and Equipment to Be Furnished.

(1) Each packinghouse shall provide adequate testing facilities in suitable locations, including running water, sinks and drainboards, lights, sufficient power outlets, and adequate desk space for the inspector's use.  At least one testing facility shall be at or near the point where fruit is received at the packinghouse.  Each testing facility shall be approved for adequacy by the Division of Fruit and Vegetables Inspection Service prior to issuance of packinghouse registration.

(2) Any packinghouse that shipped more than 200,000 equivalent 4/5 bu. boxes of citrus fruit the previous season shall, prior to beginning operations the following season, install an Automatic Machinery Corporation Model 2700, fresh citrus juice extractor, or its equivalent, as shown in drawings and specifications on file at the Department of Agriculture Citrus.  Any fresh citrus packinghouse which started operations after October 31 of the previous season and shipped less than 400,000 equivalent 4/5 bu. boxes of citrus in that season may be exempt from this requirement.

(3) No change.

Rulemaking Authority 601.10(1), (7), 601.24 FS.  Law Implemented 601.11, 601.24 FS.  History -Formerly 105 1.10(1), Amended 1 1 75, 9-5-85, Formerly 20-34.01, Amended 8-30-95,                       .

 

20-34.002 Official Juice Extraction Equipment.

Juice extraction equipment used in making official juice content and solids-acid ratio maturity tests shall be as follows:

(1) A fruit reamer with interchangeable reamer burrs of large size for grapefruit and small size for all other types.  Fruit to be tested shall not have the peel removed and the fruit shall be cut in half across the stem-to-blossom axis.  Each half of the fruit shall be pressed by hand against the reamer burr revolving at a speed not exceeding 400 R.P.M.  The juice shall be strained through a Department of Agriculture approved strainer to prevent the passage of juice cells, pulp, or seeds. through cheesecloth of sufficiently fine mesh to prevent the passage of juice cells, pulp, or seeds.

The strainer The cheesecloth containing the juice cells, pulp and seeds from the samples shall be squeezed by hand until the juice is removed, but shall not be pressed to the point of forcing juice cells, pulp, seeds or slime through the strainer cloth.

(2) An Automatic Machinery Corporation Model 2700 fresh citrus juice extractor or its equivalent as shown in drawings and specifications on file at the Department of Agriculture Citrus office.

(3) Other extraction equipment of commercial quality having a minimum .25 horsepower, not exceeding 1800 RPM, and interchangeable burrs for use on grapefruit and oranges.

Rulemaking Authority 601.10(1), (7), 601.24 FS.  Law Implemented 601.24, 601.25 FS.  History--Formerly 105-1.01(2), Amended 1-1-75, Formerly 20-34.02, Amended 12-21-93,                       .

 

20-34.004 Sample for Break in Color Test.

Rulemaking Authority 601.10(1), (7), 601.24, 601.44 FS.  Law Implemented 601.24, 601.44 FS.  History--Formerly 105-1.01(3)(b), Amended 1-1-75, Formerly 20-34.04, Amended 10-20-96, 7-2-03, Repealed                          .

 

20-34.005 Requirements for Break in Color.

Rulemaking Authority 601.10(1), (7), 601.11 FS.  Law Implemented 601.11, 601.16, 601.19, 601.21 FS.  History--Formerly 105-1.01(3)(c), Amended 1-1-75, Formerly 20-34.05, Amended 8-19-03, Repealed                       .

 

20-34.006 Juice Content in Grapefruit -- Sampling and Testing.

(1)(a) through (b) No change.

(2) No change.

(3) The size of grapefruit may be determined by measuring the fruit diameter in the center and at right angles to the blossom-to-stem axis.  The average diameter size for testing purposes for the respective sizes specified in Section 20-39.008 shall be as follows:

Size 14 = 5 3/4 inchesSize 40 = 3 15/16 inches

Size 18 = 5 9/32 inchesSize 48 = 3 3/4 inches

Size 23 = 4 25/32 inchesSize 56 = 3 9/16 inches

Size 27 = 4 9/16 inchesSize 64 = 3 1/2 inches

Size 32 = 4 1/4 inchesSize 80 = 3 inches

Size 36 = 4 1/8 inches

(4) The average juice content of each fruit shall be compared with the minimum juice content required for size tested as shown in the following tables and if equal to or in excess thereof, the juice requirement of that diameter size shall have been satisfied:

                                                        Size                            8/1 through 11/15                            11/16 through 3/1                            3/2 through 7/31

14400 cc.380 cc.360 cc.

18350 cc.335 cc.320 cc.

23305 cc.290 cc.275 cc.

27275 cc.265 cc.250 cc.

32245 cc.230 cc.220 cc.

36230 cc.220 cc.210 cc.

40210 cc.200 cc.190 cc.

48185 cc.180 cc.170 cc.

56170 cc.165 cc.155 cc.

64165 cc.160 cc.150 cc.

80no minimumno minimumno minimum

(5) If the initial test fails, two additional tests may be made.  If the average juice content per fruit of all fruit used in the three tests fails to meet the minimum requirement, that diameter size shall be condemned and destroyed, or legally diverted to other suitable use under supervision of the inspector.

(6) Juice content tests may be made on grapefruit from at least the smallest and largest diameters sizes in each lot of fruit.  Such additional tests may be made as necessary, inasmuch as each diameter size of fruit must meet the minimum juice requirement of that respective diameter size.

(7) If any one diameter size fails maturity, the applicant shall declare to the inspector all diameters sizes in that lot.  In addition, all mature diameters sizes above and below the diameter size that fails shall meet minimum and maximum maturity container requirements.

(a) Compliance shall be based on the average diameter as listed in 20-34.006(3).

(b) Failure shall be based upon the carton with the highest percentage of the average diameter that failed.

The container to be used for determining compliance shall be a standard 4/5-bushel shipping carton DOC-01-P.  Fruit shall be place-packed using the pack, count, and diameter ranges in sections 20-39.007(1) or (2), 20-39.008(1), or 20-39.009(1).  The top layer of fruit shall, when place-packed, be at least level with the top edge of the container.  In addition, the maximum bulge, measured from the bottom of a full telescoping cover to the bottom of the container shall not exceed 1/2 inch at any point.  This measurement shall be made from the bottom carton of two cartons stacked directly on top of one another.

Rulemaking Authority 601.10(1), (7), 601.18, 601.24, 601.25 FS.  Law Implemented 601.18, 601.24, 601.25, 601.44 FS.  History--Formerly 105-1.01(4), Amended 1-1-75, 4-15-75, 8-1-75, Formerly 20-34.06, Amended 10-17-95, 10-20-96, 4-27-03,                     .

 

20-34.007 Juice Content in Oranges -- Sampling and Testing.

(1) The test for juice content of oranges shall be made by selecting not less than 20 average diameter size fruit of the diameter size to be tested.  The juice shall be extracted either by hand or by use of the official juice extractor equipment as described in Section 20-34.002.  The juice content must meet or exceed a minimum of 4 1/2 gallons per 1 3/5 bu. box or equivalent.

(2) If the initial test fails, two additional tests may be made.  If the average juice content of all fruit used in three tests fails to meet the minimum requirement, that diameter size shall be condemned and destroyed, or legally diverted for other suitable use under supervision of the inspector.

(3) If any one diameter size fails maturity, the applicant shall declare to the inspector all diameters sizes in that lot.  In addition, all mature diameters sizes above and below the diameter size that fails shall meet minimum and maximum maturity container requirements.  The method in determining compliance shall be the same as for grapefruit described in subsection 20-34.006(7)(6).

Rulemaking Authority 601.10(1), (7), 601.24, 601.25 FS.  Law Implemented 601.19, 601.24, 601.25, 601.44 FS.  History--Formerly 105-1.01(5), Amended 1-1-75, Formerly 20-34.07, Amended 11-1-88, 10-17-95,              .

 

20-34.008 Solids-acid Ratio Maturity Test -- Drawing Sample.

(1) Inspectors shall draw samples, from bins or packed boxes, which may consist of any diameter size, grade, or combination of grades consisting of not less than 10 grapefruit or 20 each of all other varieties and hybrids of citrus fruit.

(2) Test shall be made from at least the smallest and largest diameters sizes in each lot of fruit.  If a particular diameter size fails to pass, additional tests shall be made on the next diameter size in the lot.  Inspectors, at their discretion, may make separate tests of each grade of any diameter size and each diameter size of any grade fruit.

(3) While only one test is required on each diameter size or grade of fruit that passes, the running of additional tests is not prohibited if, in the opinion of the inspector, additional tests may be necessary to prevent the shipment of immature fruit.

(4) No change.

(5) If any one diameter size fails, the applicant shall declare to the inspector all diameters sizes in that lot.  In addition, all mature diameters sizes above and below the diameter size that fails shall meet minimum and maximum maturity container requirements. The method for determining compliance shall be the same as prescribed in subsection 20-34.006(6).

(a) Compliance shall be based on the average diameter as listed in 20-34.006(3).

(b) Failure shall be based upon the carton with the highest percentage of the average diameter that failed.

Rulemaking Authority 601.11, 601.24 FS. Law Implemented 601.24 FS. History--Formerly 105-1.01(6), Amended 1-1-75, 4-15-75, Formerly 20-34.08, Amended 10-17-95,                       .

 

20-34.009 Solids-acid Ratio Maturity Tests.

(1) No change.

(2) The juice shall be strained through a Department of Agriculture approved strainer to prevent the passage of juice cells, pulp, or seeds.  through cheesecloth which may be squeezed by hand to remove the juice, but shall not be squeezed to the point of forcing slime or pulp through the cloth.  As an alternative, other approved straining devices may be used.  The juice shall be tested as provided by law and if the juice fails to pass, the inspector may run two additional tests.  If the average of the three tests fails to pass, the diameter size being tested shall be condemned and destroyed or legally diverted for other suitable use under supervision of the inspector.

(3) No change.

Rulemaking Authority 601.24, 601.25 FS.  Law Implemented 601.24, 601.25, 601.44 FS.  History--Formerly 105-1.01(7), Amended 1-1-75, Formerly 20-34.09, Amended                         .

 

20-34.013 Tests May Be Made Anywhere.

(1) No change.

(2) Upon receipt of citrus fruit at a packinghouse, a composite test for ratio may be made and if the ratio fails the minimum requirements by more than 1/2 point, two additional such tests shall be made.  If the average of the three composite tests fails by more than 1/2 point, the fruit shall be condemned and destroyed.  However, any variety of fruit which fails by more than 1/2 ratio point may be diverted to a processing plant if it meets all requirements for citrus fruit for processing.  In selecting samples for composite tests, diameters sizes of fruit which are not permitted to be shipped under regulations issued pursuant to Federal Marketing Agreements and Orders covering Florida citrus fruits shall not be included.

(3) No change.

Rulemaking Authority 601.10(1), (7), 601.11, 601.38 FS.  Law Implemented 601.25, 601.29(2), 601.38, 601.46(2) FS.  History--Formerly 105-1.01(10), Amended 1-1-75, Formerly 20-34.13, Amended 10-20-96,                      .

 

20-34.018 Fruit Failing Maturity. Destruction of Fruit.

All fruit which fails to pass the fresh fruit maturity test shall not be shipped as fresh fruit. and is subject to destruction, shall be destroyed immediately, or legally diverted for other suitable use, under the direct supervision of an inspector, and at the expense of the owner.  When impractical to destroy or divert such fruit immediately, it shall be set aside as ordered by the inspector and may not be moved except by permission of the inspector, but must be destroyed or removed for diversion during the day it is run and shall not remain in the packinghouse overnight.

Rulemaking Authority 601.10(7), 601.44 FS. Law Implemented 601.44 FS. History--Formerly 105-1.01(14), Amended 1-1-75, Formerly 20-34.18, Amended                            .

 

20-34.020 Samples to Be Taken from All Grades, Diameters Sizes or Other Divisions in All Lots.

The inspector may draw samples for maturity tests from all grades, diameters sizes, or other divisions made in any lot of fruit at the time it is run. , including culls, cannery grades, or "pickouts." If a test fails on any particular grade, diameter size or division of fruit, two additional tests may be made, and if the average of the three tests fails to meet maturity requirements, that grade, diameter size or division of fruit shall not be shipped. be condemned and destroyed.

Rulemaking Authority 601.24, 601.25, 601.44 FS. Law Implemented 601.24, 601.25, 601.44 FS. History--Formerly 105-1.01(15), Amended 1-1-75, Formerly 20-34.20, Amended                    .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2018