New rule governing use of Department’s trademark to protect it from misuse.

 

DEPARTMENT OF CITRUS

RULE NOS.: RULE TITLES:

20-118.001Ownership.

20-118.002Permission Required for Use.

20-118.003General Restrictions on the Use of “There’s Amazing Inside Florida Grapefruit” Certification Mark.

20-118.004Use on Fresh Fruit and Juice Containers.

20-118.005Definitions.

20-118.006Standards for Grapefruit Products Bearing the Mark.

20-118.007Withdrawal of License or Permission.

PURPOSE AND EFFECT: New rule governing use of Department’s trademark to protect it from misuse.

SUMMARY: Department’s trademark.

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 rule, the department has determined that the amendment 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), 601.15(2)(b),(10)(a), FS.

LAW IMPLEMENTED: 601.101, FS.

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

DATE AND TIME: May 17, 2017, 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:

 

20-118.001 Ownership.

The “There’s Amazing Inside Florida Grapefruit” mark, as shown below is a registered certification mark of the State of Florida, Department of Citrus. All right, title and interest in and to said mark,

granted to and vested in the State of Florida, Department of Citrus, via State and Federal laws, is hereby noticed to all interested persons.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS.  Law Implemented 601.101 FS.  History—New                .

 

20-118.002 Permission Required for Use.

Use of said mark by any person, firm or corporation, will not be permitted without express written permission from the Department of Citrus. Further, any such use shall be in conformity with the requirements of this rule. However, such permission shall not be denied to any person, firm or corporation who complies with the requirements of this rule, it being the express purpose of the Department of Citrus to encourage widespread use and, at the same time, to protect the integrity of the mark.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS.  Law Implemented 601.101 FS. History—New                  .

 

20-118.003 General Restrictions on the Use of “There’s Amazing Inside Florida Grapefruit” Mark.

(1) Use of the “There’s Amazing Inside Florida Grapefruit” mark shall be restricted to use in conjunction with the advertising, promotion, merchandising, and packaging of fresh grapefruit and grapefruit products processed or manufactured from or with citrus fruit grown in the State of Florida.

(2) Each licensee or other authorized user of said mark shall be required, as a condition for such authorization, to allow reasonable and periodic inspections by a Department of Citrus representative or agent, of the pertinent records and packing, shipping and processing premises of said users at all stages in the channel of trade of such citrus products to determine whether or not said citrus products meet the requirements set forth herein and otherwise to protect the integrity of said mark.  In the case of persons packing product into retail or institutional containers outside the State of Florida who are not licensed Florida processors, permission shall be secured from each Florida supplier by the mark user to allow for the inspection of the supplier's pertinent records by the Department of Citrus in order to determine whether or not Grapefruit product supplied meets requirements set forth herein.

(3) All fresh and processed products bearing the mark shall be subject to sampling and analysis by the Department of Citrus.

(4) The “There’s Amazing Inside Florida Grapefruit” mark shall not be used in any advertising, promotion, merchandising or packaging in lieu of a brand name or used in conjunction with a brand name in such a manner as to dominate or appear to be a part of a brand name.

(5) The “There’s Amazing Inside Florida Grapefruit” mark shall not be used on, or approved for use on, grapefruit products subject to U.S. Food and Drug Administration food labeling warning and notice statement requirements of 21 CFR 101.17(g), incorporated herein by reference.

(6) The “There’s Amazing Inside Florida Grapefruit” mark, as shown in Section 20-118.001, must be used in its entirety.

(7) Use of the mark shall be approved by the Department for color and placement prior to its distribution.

(8) Each licensee or other authorized user of the mark shall deliver a finished sample of any material bearing the mark to the Department of Citrus for its record.

(9) The licensee shall indemnify the Department of Citrus and hold it harmless with respect to any claims arising out of the use of its products bearing the mark by any person, or any claims arising out of misbranding or false or misleading advertising by the licensee.

(10) Product shall be labeled as provided by law.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS.  Law Implemented 601.101 FS. History— New                                   .

 

20-118.004 Use on Fresh Fruit and Juice Containers.

The “There’s Amazing Inside Florida Grapefruit” mark may be applied directly to the skin of the fruit or may be used on any approved shipping container or retail package, containing qualifying Florida grapefruit. When used on consumer sized containers of processed grapefruit products made from or with citrus fruit grown in the State of Florida, shall be limited to one such mark per brand facing per container label and/or one such mark at either the top or bottom end of the same container.  Said mark may also be used on the outside packaging of multi-pack units and on outside shipping cartons containing such processed Grapefruit products, provided said mark does not dominate or appear to be a part of any brand name.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS. Law Implemented 601.101 FS. History— New                        .

 

20-118.005 Definitions.

(1) “Fresh Grapefruit” as used herein, shall mean fruit in fresh form.

(2) “Grapefruit products” as used herein, shall mean all juices, segments and sections processed or manufactured from “citrus fruit,” except as hereinafter provided, and non-standardized citrus by-products as specifically designated by the Department. The term “juice” shall mean not from concentrate, single-strength or concentrated juices, and shall include reconstituted concentrated juices, but shall not mean diluted juices, concentrate for diluted juice products, blended juices containing other than the juice of “citrus fruit,” or fruit salads containing more than 2% of fruit ingredients other than “citrus fruit.”

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS. Law Implemented 601.101 FS. History— New                        .

 

20-118.006 Standards for Grapefruit Products Bearing the Mark.

(1) Except as provided in subsection (2) and (3), products bearing the “There’s Amazing Inside Florida Grapefruit” mark shall meet applicable grade and quality standards for Grapefruit products as set forth by the laws of the State of Florida and rules of the Department of Citrus, and which meet the applicable Federal Standards of Identity for Grapefruit products set out in Title 21 Code of Federal Regulations, Subpart B, Parts 145.145 and 146.132 through 146.154 as revised April 1, 2016 and incorporated herein by reference.

(2) Grapefruit juice products in all forms with added floating pulp, except concentrated grapefruit juice for manufacturing, may contain free and suspended pulp in an amount not to exceed 15% by volume and be eligible for use of the mark. Concentrated grapefruit juice for manufacturing with added floating pulp may contain free and suspended pulp in an amount not to exceed 12% by volume and be eligible for use of the mark. All such grapefruit juice products shall meet all other applicable standards set out in the United States Standards for Grades of Grapefruit Juice, Eff 9-26-12, incorporated herein by reference.

(3)The addition of sweeteners, preservatives or other additives is not permitted. However, nutrients approved by the United States Food and Drug Administration for use in food fortification may be added to fortify 100% juice products.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS. Law Implemented 601.101 FS. History—New           .

 

20-118.007 Withdrawal of License or Permission.

(1) The Department of Citrus reserves the right to revoke or cancel any given license or permission to use the mark upon the following grounds:

(a) The failure of the authorized user to comply with the provisions set forth herein.

(b) The commission of acts which adversely affect the Department of Citrus’s name, reputation or goodwill.

(2) In determining whether the product complies with the qualifications the test methods generally accepted and approved by the Department of Citrus incorporated by reference in “Methods to Determine Compliance,” Department of Citrus rule chapter 20-14, shall be employed.

(3) The Department of Citrus shall have the right to terminate the license with immediate effect in case the licensee has not made a bona fide commercial use of the mark for more than one year.

Rulemaking Authority 601.10(1), 601.15(2)(b),(10)(a) FS. Law Implemented 601.101 FS. History— New                            .

 

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 15, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2017