DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.: RULE TITLE:
5F-10.001: Standards
5F-10.0015: Registration
5F-10.003: Guidelines for Imposing Administrative Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 133, July 10, 2013 issue of the Florida Administrative Register.
5F-10.001 Standards.
(1) The performance specifications and standards for all non-recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D3306-11 (approved November 1, 2011), “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Service,” with the following exceptions:
(a) Products, as defined in Section 501.912, F.S., that are specifically designed for applications (according to the manufacturer) that prohibit the use of glycol, or contents of 50 percent or more, in the engine coolant system may have a freezing point higher (and consequent boiling point lower) than that required by this section, so long as all of the following conditions are met. All other product quality specification listed in this subsection must be met.
1. No change.
2. A statement must be printed on the front label of the bottle in a conspicuous font indicating the maximum freezing point (and minimum boiling point if different from affected by the reduction of glycol in the mixture and does not meet the specifications required phase transition points established in ASTM International Designation D3306-11, “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Service,” (approved November 1, 2011) and the label must clearly state by this section) of the product and the intended applications for its use.
3. The following statement (or similar definitive equivalent statement as approved by the department) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. THE FREEZING POINT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR ALL GENERAL AUTOMOTIVE APPLICATIONS. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
4. The words “antifreeze” or the like, as defined in Section 501.912, F.S., may not be used on any label affixed to the bottle if there is less than ten percent glycol present in the product.
(b) All dilutions performed for testing as requried by ASTM International Designations adopted in this rule shall be performed as follows:
1. Measure the required volume of engine coolant or antirust into a graduated cylinder: Class B or better.
2. Add water of the type to be used for the test to volume, accurately. If the mark is overshot, the dilution must be discarded and the process started again.
3. Mix the contents of the flask by inverting several times, taking care to avoid loss of solution through the stopper. If loss occurs through the stopper, the dilution must be discarded and started again.
4. The test concentration shall be expressed as the ratio fo the initial volume of the product to the final volume of the mxture of the product and water, both measured at 20 °C.
(b)(c) 1,3-Propanediol base engine coolants for automobile and light-duty service: the performance specifications and standards for 1,3 Propanediol base engine coolants for automobile and light-duty service are hereby incorporated by reference: ASTM International Designation D7518-10 (approved April 1, 2010), “Standard Specification for 1,3 Propanediol (PDO) Base Engine Coolant for Automobile and Light-Duty Service.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.
1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for systems compatible with 1,3-Propanediol base engine coolants.
2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3-PROPANEDIOL. AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(c)(d) Glycerin base engine coolants for automobile and light-duty service: the performance specifications and standards for Glycerin base engine coolants for automobile and light-duty service are hereby incorporated by reference: ASTM International Designation D7714-11 (approved October 1, 2011), “Standard Specification for Glycerin Base Engine Coolant for Automobile and Light-Duty Service.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.
1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for systems compatible with Glycerin base engine coolants.
2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN. AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(d)(e) Low silicate ethylene glycol base engine coolants for heavy-duty engines: the performance specifications and standards for all low silicate ethylene glycol base engine coolants for heavy-duty applications are hereby incorporated by reference: ASTM International Designation D4985-10 (approved April 1, 2010), “Standard Specification for Low Silicate Ethylene Glycol Base Engine Coolant for Heavy Duty Engines Requiring a Pre-Charge of Supplemental Coolant Additive (SCA),” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(e)(f) Glycol base engine coolants for heavy-duty engines: the performance specifications and standards for glycol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D6210-10 (approved December 1, 2010), “Standard Specification for Fully-Formulated Glycol Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(f)(g) 1,3-Propanediol base engine coolants for heavy-duty engines: the performance specifications and standards for 1,3-Propanediol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7517-09 (approved April 1, 2009), “Standard Specification for Fully-Formulated 1,3 Propanediol (PDO) Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.
1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for heavy-duty systems compatible with 1,3 propanediol base engine coolants.
2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3-PROPANEDIOL. AND IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(g)(h) Glycerin base engine coolants for heavy-duty engines: the performance specification and standards for Glycerin base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7715-12 (approved June 1, 2012), “Standard Specification for Fully-Formulated Glycerin Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.
1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for heavy-duty systems compatible with Glycerin base engine coolants.
2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN. AND IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.
(2) The performance specifications and standards for all recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D6471-10 (approved April 1, 2010), “Standard Specification for Recycled Prediluted Aqueous Glycol Base Engine Coolant (50 Volume % Minimum) for Automobile and Light-Duty Service,” and ASTM International Designation D6472-10 (approved April 1, 2010), “Standard Specification for Recycled Glycol Base Engine Coolant Concentrate for Automobile and Light-Duty Service”.
(3) through (4) No change.
(5) In accordance with Section 501.919, F.S., any lot of antifreeze (including products falling under the exceptions in section 1 of this rule) that fails to meet applicable standards, as adopted in this rule, shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and FDACS-03537, Warning Tag “Warning” tag, Rev. 08/12, prohibiting the sale of the antifreeze. Upon resolution of the violation, the lot of antifreeze shall be released by the department using FDACS-03209, Release, Rev. 01/09. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C.
Rulemaking Authority 501.921, 570.07(23) FS. Law Implemented 501.913, 501.917, 501.921 FS. History–New 10-6-93, Amended 7-5-95, 12-9-98, 6-25-00, 10-22-01, 12-9-02, 12-7-04, 2-5-07,__________.
5F-10.0015 Registration.
(1) In accordance with Section 501.913, F.S., each brand of antifreeze to be distributed in this state shall be registered annually with the department prior to distribution and registrant shall make application on FDACS-03211, Application for Registration of Antifreeze, Rev. 11/13 10/12, hereby incorporated by reference, no later than July 1 of each year. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference_______. Application shall be made by the manufacturer, packager, or the person whose name appears on the label.
(a) through (c) No change.
(2) The department shall register a brand of antifreeze authorizing the distribution of the specified antifreeze brand in the state for the specified permit year if the registration requirements are met, pursuant to Section 501.913, F.S., and this rule chapter.
(3) In accordance with Section 501.919, F.S., any brand of antifreeze distributed in this state that fails to meet applicable registration requirements shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and FDACS-03537, Warning Tag “Warning” tag, Rev. 08/12, prohibiting the distribution of the antifreeze brand. Upon resolution of the violation, the lot of antifreeze shall be released by the department using FDACS-03209, Release, Rev. 01/09. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C.
(4) In accordance with Section 501.918(1), F.S., any unregistered brand of antifreeze (includes including cooling products falling under all subsections the exceptions in subsection 5F-10.001(1) of this rule) and (2) that was registered in the immediately preceding registration period and has not been or is not currently in the process of being renewed shall be disposed of within 90 days of registration expiration. Disposal shall be the responsibility of the registrant and in a manner as prescribed below. If the product has been placed under stop sale order by the department, it must be released by the department prior to the execution of any disposal method. Acceptable disposal methods:
(a)1. Removal of all such unregistered antifreeze from this state, not to be distributed again in this state unless successful registration has been completed, or;
(b)2. Donation of product to a non-profit organization for consumption so long as all donated product meets all specifications for quality, adulteration, and labeling for antifreeze products, as prescribed in Chapter 501, Part V, F.S., and this rule. or,
3. Other means approved in writing by the department.
Rulemaking Authority 501.913, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919, FS. History–New ________.
5F-10.003 Guidelines for Imposing Administrative Penalties.
(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under subsections Chapter 501.91-501.923 Part V, F.S. The purpose of the guidelines is to give notice of the range of penalties, which normally will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of issuance of the stop sale order. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $1,000 per violation for a first-time offender or $5,000 per violation for second-time or repeat subsequent offender, or for a willful and intentional violation. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.
(2) The department will enforce compliance with subsections Chapter 501.91-501.923, Part V F.S., and this rule chapter by issuing a stop sale order and administrative complaint, if applicable, for violations of subsections Chapter 501.91-501.923, Part V F.S., and this rule chapter.
(3) through (4) No change.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of subsections Chapter 501.91-501.923, Part V F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.
(a) Aggravating Factors:
1. through 4. No change.
5. The violation existed for more than one month an extended period of time.
6. The violation was repeated within one year a short period of time.
7. through 13. No change.
(b) Mitigating Factors:
1. through 3. No change.
4. Acts of God or nature that impaired the ability of the violator to comply subsections Chapter 501.91-501.923, Part V F.S., or Rule Chapter 5F-10, F.A.C.
5. through 10. No change.
(6) through (7) No change.
(8) Penalties.
(a) Minor Violations. A violation of subsections Chapter 501.91-501.923, Part V F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the issuance of a stop sale order. If a third stop sale order is issued within a three year period a $500 penalty shall be issued and in accordance with Section 501.922(1), F.S 525.16(1)(b), F.S., a $500 penalty shall be issued. An additional penalty of $500 shall be issued for each stop sale order issued for independent events thereafter. In addition, the department shall also revoke or suspend a registration for an unpaid fine and until such time that the fine has been paid. For the purposes of this rule, violations of Section 501.918 (5), (6), (7), or (8), F.S., shall be considered minor violations.
(b) Major Violations. Any violation of subsections Chapter 501.91-501.923, Part V F.S., or this rule chapter that results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation. Major violations shall result in the issuance of a stop sale order and imposition of an administrative fine of $500 per violation for first-time offenders of subsections Chapter 501.91-501.923, Part V F.S., and/or Rule Chapter 5F-10, F.A.C., within a three-year period. An additional $500 fine shall be issued for each subsequent violation thereafter within a three-year period for second-time or repeat offenders of subsections 501.91-501.923, F.S., and/or Rule Chapter 5F-10, F.A.C., not to exceed the statutory maximum of $5,000, per violation, for second time or repeat offenders of Chapter 501, Part V, F.S., and/or Rule Chapter 5F-10, F.A.C. Aggravating factors, as defined in paragraph (5)(a) of this section, shall warrant the adjustment of the fine upward from $250 to $500 per violation per aggravating factor for first-time offenders and from $250 to $2,500 for second and subsequent offenders and mitigating factors, as defined in paragraph (5)(b) of this section, shall warrant the adjustment of the fine downward from $250 to $500 per violation per mitigating factor for first-time offenders and from $250 to $2,500 per violation per mitigating factor for second and subsequent offenders, but no fine shall exceed the statutory maxima as outlined in Section 501.922(1)(b), F.S. If, three years after the day of issuance of the last stop sale order for a violation under this rule, no new violation has occurred pertaining to the specific brand of antifreeze, all previous fines shall be disregarded when administering a fine for the next violation. Pursuant to Section 501.922, F.S., the department may also revoke or suspend a registration for a major violation, but not for more than one year. In addition, the department shall may also revoke or suspend a registration for an unpaid fine and until such time that the fine has been paid. For the purposes of this rule, the following violations shall be considered major violations:
1. Violations of Section 501.916, F.S.
2. Violations of Section 501.918(1), (2), (3), (4) or (9), F.S.
3. Repeat violations of Section 501.918(5), (6), (7) or (8), F.S.
4. No change.
5. Violations of Rule 5F-10.0015, F.A.C. If a complete registration package has been received by the department within 30 calendar days from the date of the stop sale order, the fine shall be mitigated to a warning letter for a first time violation by a registrant so long as and said registrant has never previously registered applicable products subject to this subsection in this state prior. Subsequent violations by same registrant for any brand within a three-year period shall not be mitigated under these provisions.
(c) Willful Violations. Any willful and intentional violation of subsections 501.91-501.923, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, shall result in the imposition of an administrative fine of up to $5,000 per violation and suspension of registration for a period of one year. Willful violations shall result in the imposition of an administrative fine of up to $5,000 per violation; suspension of registration for a period of one year ;and/or additional penalties as prescribed by law. The following shall constitute a willful violation:
1. Any willful and intentional violation of Chapter 501, Part V, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, not otherwise included in this section.
1.2. The unauthorized disposal, including the removal, transfer, or sale, of any antifreeze which is under a stop sale order; Any willful and intentional violation of a stop sale order or the conditions stipulated on a release.
2.3. Violations which result from a failure to comply with a Final Order, a notice of non-compliance, a stop sale order, or any condition stipulated on a release of a stop sale order. A failure to comply with either a Final Order or a Default Final Order of the department.
(9) Resolution of Violations, Settlement, and Additional Enforcement Remedies.
(a) The department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or subsections Chapter 501.91-501.923, Part V F.S.
(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department shall may impose administrative fines in a Default Final Order equal to the maximum amount possible, not to exceed $5,000 per violation.
(c) A failure to comply with either a Final Order or a Default Final Order of the department shall result in any applicable registration revocation and an administrative fine of up to $1,000, per violation, for a first time offender and up to $5,000 per violation, for a second or repeat offender. Additional penalties shall be sought through the enforcement of the order in circuit court.
Rulemaking Authority 501.922, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919, 501.922 FS. History–New__________.
