The purpose and effect of the proposed rule is to repeal organic farming certification by the Department of Agriculture and Consumer Services/Division of Marketing and Development.  


  • RULE NO: RULE TITLE
    5H-19.002: Definitions
    5H-19.003: License
    5H-19.004: Standards for Organic Food Production
    5H-19.006: Certifying Agent; Authority; Duties; Conflict of Interest
    5H-19.010: Retail Organics; Notification
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to repeal organic farming certification by the Department of Agriculture and Consumer Services/Division of Marketing and Development.
    SUMMARY: This rule is being repealed due to statutory changes.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 504.32 (Supp. 1990), 504.32 (1993) FS.
    LAW IMPLEMENTED: 504.23 (1993), 504.28(1), (1993), 504.29(1),(2),(3),(4),(5), 504.31(3) FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Kerry Flack, Assistant Division Director, Division of Marketing and Development, 407 S. Calhoun Street, Tallahassee, Florida 32399, (850)488-4031

    THE FULL TEXT OF THE PROPOSED RULE IS:

    5H-19.002 Definitions.

    For the purpose of this rule, the definitions in Section 504.23, F.S. (1993), and the following definition shall apply. Production Unit – A tract of land, or body of water, dedicated to agricultural production.

    Specific Authority 504.32 FS. (1993) Law Implemented 504.23 FS. (1993) History–New 10-17-91, Amended 6-4-95, Repealed _________.

     

    5H-19.003 License.

    (1) Application. An individual may apply for a license to be a certifying agent on an Authorized Organic Certifying Agent Application, Form MKOC-001, effective 10-17-91, adopted herein and incorporated by reference. This form may be obtained from the Organic Certification Program, Division of Marketing, Mayo Building, Tallahassee, FL 32399-0800. The form, duly signed, shall include certification by applicant that any farm, processing or production unit for organic foods to be certified will meet or will have met the organic food standards required by Section 504.29, F.S.

    (2) Issuance. Upon receipt of a properly executed application form, and an annual license fee of $500.00, the department will submit a copy of the application, for recommendation, to the Organic Food Advisory Council. Council members shall have 30 days within which to review and submit recommendations to the Commissioner of Agriculture. Upon approval of the application, the department will issue a license reflecting a registration number for the certifying agent. The license will expire June 30 of each year and a current license is necessary for the certification of foods as organic.

    Specific Authority 504.32 FS. (Supp. 1990). Law Implemented 504.28(1), 504.31(3) FS. (1993). History–New 10-17-91, Amended 6-4-95, Repealed_________.

     

    5H-19.004 Standards for Organic Food Production.

    In meeting the organic food standards of Section 504.29, F.S., a certifying agent shall adhere to the agricultural practices and methods established by OCIA CERTIFICATION STANDARDS (1991) as published by Organic Crop Improvement Association, Inc., or OGBA CERTIFICATION STANDARDS (1991) as published by Organic Growers and Buyers Association, which are adopted herein by reference. Copies of the publications may be obtained from the Organic Certification Program, Room 431, Mayo Building, Tallahassee, FL 32399-0800.

    Specific Authority 504.32 FS. (1993) Law Implemented 504.29(1), (2), (3), (4), (5) FS. (1993) History–New 10-17-91, Repealed _________.

     

    5H-19.006 Certifying Agent; Authority; Duties; Conflict of Interest.

    (1) After inspecting and verifying that all certification requirements have been met, a licensed Certifying Agent shall certify food as “Organic”.

    (2) The duties of the Certifying Agent shall include those required by Section 504.27, F.S., and the maintenance of records for three years. Upon request, the records will be made available to the department, or its agents.

    (3) A certifying agent as defined herein shall be neither an employee of nor have any financial interest in any farm or production unit to which the agent has been contracted for certification.

    Specific Authority 504.32 FS. (1993). Law Implemented 504.26, 504.29 FS. (1993). History–New 10-17-91, Amended 6-4-95, Repealed_________.

     

    5H-19.010 Retail Organics; Notification.

    (1) Before buying, selling or offering for sale organic food, any handler, distributor or retailer shall notify the department as follows:

    (a) Typewritten on 8-1/2 paper.

    (b) Name of Business.

    (c) Address of Business, including county.

    (d) Phone Number of Business.

    (e) Type of Business.

    (f) Name of Owner, in case of Corporation, Name of President.

    Note: The term “Retailer” used in this rule shall not include food service establishments licensed pursuant to Chapter 509, F.S.

    (2) The above information shall be mailed to the Florida Department of Agriculture and Consumer Services, Organic Certification Program, Mayo Building, Tallahassee, Florida 32399-0800. Upon change of any of the submitted information, an amended copy with changes indicated must be submitted.

    Specific Authority 504.32 FS. Law Implemented 504.28(2) FS. History–New 6-4-95, Repealed_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Kerry Flack, Assistant Division Director, Division of Marketing and Development, Department of Agriculture and Consumer Services
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Kerry Flack, Assistant Division Director, Division of Marketing and Development, Department of Agriculture and Consumer Services
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 24, 2008

Document Information

Comments Open:
4/4/2008
Summary:
This rule is being repealed due to statutory changes.
Purpose:
The purpose and effect of the proposed rule is to repeal organic farming certification by the Department of Agriculture and Consumer Services/Division of Marketing and Development.
Rulemaking Authority:
504.32 (Supp. 1990), 504.32 (1993) FS.
Law:
504.23 (1993), 504.28(1), (1993), 504.29(1),(2),(3),(4),(5), 504.31(3) FS.
Contact:
Ms. Kerry Flack, Assistant Division Director, Division of Marketing and Development, 407 S. Calhoun Street, Tallahassee, Florida 32399, (850)488-4031
Related Rules: (5)
5H-19.002. Definitions
5H-19.003. License
5H-19.004. Standards for Organic Food Production
5H-19.006. Certifying Agent; Authority; Duties; Conflict of Interest
5H-19.010. Retail Organics; Notification