Department of Citrus, Departmental

 

DEPARTMENT OF CITRUS

RULE NOS.: RULE TITLES:

20-119.001 Ownership.

20-119.002 Permission Required for Use.

20-119.003 General Restrictions on the Use of “There’s Amazing Inside Florida Citrus Gifts” Certification Mark.

20-119.004 Use on Containers and Merchandise.

20-119.005 Withdrawal 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:

 

20-119.001 Ownership.

The “There’s Amazing Inside Florida Citrus Gifts” mark, as shown below, is a trademark 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             .

 

20-119.002 Permission Required for Use.

Use of said mark by any licensed Florida citrus fruit dealer operating as a gift fruit shipper in any manner 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             .

 

20-119.003 General Restrictions on the Use of “There’s Amazing Inside Florida Citrus Gifts” Certification Mark.

(1) Use of this mark shall be restricted to use in conjunction with the advertising, promotion, merchandising, and packaging of Florida gift citrus fruit, which meet the grade and quality standards for citrus fruits set forth by the laws of the State of Florida, rules of the Department of Citrus, and applicable federal laws.

(2) The 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.

(3) The mark, as shown in section 20-119.001, must be used in its entirety.

(4) Prior to each new use of the mark a written request must be submitted to the Department of Citrus giving full explanation and examples of proposed usage.

(5) The licensee shall indemnify the Department and save 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.

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

 

20-119.004 Use on Fruit Containers and Merchandise.

(1) The mark may, at the option of the gift fruit shipper, be used on gift fruit shipping containers or packaging containing citrus fruit grown in the state of Florida, provided the mark does not dominate or appear to be a part of any brand name.

(2) No licensee shall use the mark on any premiums, gift, novelty items or other non-citrus merchandise without the express permission of the Department of Citrus.

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

 

20-119.005 Withdrawal of License or Permission.

The Department of Citrus reserves the right to withdraw any given license or permission to use the mark upon the failure of the authorized user to comply with the provisions set forth herein.  In determining whether the product complies with the quality standards prescribed, the test methods generally accepted and approved by the Department of Citrus and referenced in chapter 20-14, Department of Citrus rules, shall be employed.  The Department shall have the right to terminate the license with immediate effect in case the licensee has not made any bonafide 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