The Florida Department of Agriculture and Consumer Services provides grading services to food establishments that process poultry through a cooperative agreement with the U.S. Department of Agriculture. The Department charges the poultry processor ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NO: RULE TITLE
5K-5.014: Grading Services for Poultry
PURPOSE AND EFFECT: The Florida Department of Agriculture and Consumer Services provides grading services to food establishments that process poultry through a cooperative agreement with the U.S. Department of Agriculture. The Department charges the poultry processor an hourly fee to recover the costs of this service. This rule amendment increases the hourly fees charged to a processor.
SUMMARY: The rule amendment changes the fee and cost schedule for grading services provided by Department graders commensurate with increases in personnel salaries and benefits, insurance, travel and any other applicable costs.
SUMMARY 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: 570.07(23) FS. 583.04 FS.
LAW IMPLEMENTED: 583.051 FS. 583.052 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: April 28, 2006, 10:00 a.m., Eastern Time.
PLACE: Division of Dairy Conference Room, Room 27, The Conner Building, 3125 Conner Boulevard, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Dr. John Fruin at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. John Fruin, Chief, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; telephone: [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

5K-5.014 Grading Services for Poultry.

(1) through (2) No change.

(3) Under that agreement and to offset the cost of providing the services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Resident location $30.30 27.50

2. Overtime $34.30 31.00

3. Non-resident location $37.30 34.00

4. Non-specified days $37.30 34.00

5. In addition to the charge for the grader’s time per hour, an additional charge of $1.40 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 1:00 p.m.

(b) Travel time and costs:

1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-specified days at a resident location shall be charged at the same rate as grading services provided.

2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-specified days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, Florida Statutes.

(4) through (5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2006

Specific Authority 570.07(23) FS., 583.04 FS. Law Implemented 583.051 FS., 583.052 FS. History–New 8-13-92, Formerly 5E-7.014, Amended 9-30-96, 9-5-01, 7-1-06.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. John Fruin, Chief, Division of Food Safety, Bureau of Food and Meat Inspection, Department of Agriculture and Consumer Services.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Marion Aller, Director, Division of Food Safety, Department of Agriculture and Consumer Services.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2006.
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006.