Repealing language regarding Color Break Requirements no longer used by the industry; removing dates regarding when a public hearing can be held regarding early maturing oranges. Updating Rulemaking Authority and Law Implemented Statutes.

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-53.001Maturity Standards

20-53.002Maturation of Oranges Earlier Than Normal

PURPOSE AND EFFECT: Repealing language regarding Color Break Requirements no longer used by the industry; removing dates regarding when a public hearing can be held regarding early maturing oranges. Updating Rulemaking Authority and Law Implemented Statutes.

SUMMARY: Repealing unnecessary rules on Orange Maturity Standards

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(7), 601.11 FS.

LAW IMPLEMENTED: 601.9910 FS.

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

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

PLACE: Florida Department of Citrus, 605 East Main Street, Bartow, Florida 33830

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-53.001 Maturity Standards.

(1) During the period of time beginning with August 1 of each year and ending with October 31 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked or severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate (the Parson Brown variety need show only such break in color on not less than 25 percent of the fruit’s surface in the aggregate);

(d) through (g) renumbered (a) through (d) No change.

(2) During that period of time beginning with November 1 of each year and ending November 15 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked, or otherwise severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate (the Parson Brown variety need show only such a break in color on not less than 25 percent of the fruit’s surface in the aggregate);

(d) through (g) renumbered (a) through (d) No change.

(3) Except as provided in subsection (4), during that period of time beginning with November 16 of each year and ending with July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked, or otherwise severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 25 percent of the fruits surface in the aggregate;

(d) through (g) renumbered (a) through (d) No change.

(4) From December 1 of each year to July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature for canning and concentrating purposes when the total soluble solids of the juice is not less than 8 percent and when the minimum ratio of the total soluble solids of the juice to the anhydrous citric acid is as set forth in 20-54 F.A.C., with no minimum requirement as to juice content, or acid. , or color break.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.11 601.9910(1) FS. History—New 1-1-13, Amended            .

 

20-53.002 Maturation of Oranges Earlier Than Normal.

(1) If in any particular shipping season it shall appear to the Department of Citrus, after a public hearing held not earlier than October 5 and called and held to determine such question, that oranges are then maturing earlier than normally as provided in 20-53 F.A.C., the Department of Citrus may by order or rule, to be issued or promulgated and to become effective not later than October 10, declare and provide that during that period of time beginning with August 1 and ending with October 16, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample is not less than 9 percent;

(2) through (3) No change.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.11 601.9910(1) FS. History—New 1-1-13, 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