The purpose of this rulemaking is to amend the rule to accommodate use of the Fresh From Florida brand identifiers on hemp grown in Florida and to create a new identifier indicating when the commodity is grown, processed and manufactured in Florida. ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Marketing and Development

RULE NOS.:RULE TITLES:

5H-17.002Definitions

5H-17.003Adoption of the Florida Agricultural Promotional Campaign Identifiers

5H-17.005Participant Registration; Application Forms; Types of Membership; Renewal

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the rule to accommodate use of the Fresh From Florida brand identifiers on hemp grown in Florida and to create a new identifier indicating when the commodity is grown, processed and manufactured in Florida. Incorporated forms and documents will be updated to reflect the addition of hemp to Florida-grown commodities.

SUMMARY: Licensed hemp growers will be permitted to use the Florida Hemp Identifier for their product when the hemp is grown, processed and manufactured in Florida. Use of the Florida Hemp Identifier, the Fresh From Florida Identifier and participation in the Florida Agricultural Promotional Campaign are voluntary.

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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes, as use of the Florida Hemp Identifier, the Fresh From Florida Identifier and participation in the Florida Agricultural Promotional Campaign are not required.

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: 570.07(23), 571.24, 571.25(2) FS.

LAW IMPLEMENTED: 571.23, 571.24(1), 571.25 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eric Sespico, Assistant Director, Division of Marketing and Development, 407 S. Calhoun Street, Tallahassee, FL, 32399, phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5H-17.002 Definitions

(1) through (5) No change.

(6) “Identifiers” mean the “Fresh From Florida,” “Fresh From Florida Made With Florida,” “From Florida USA,” and “Fresh From Florida Proud Supporter,” and “Florida Hemp” logos shown in the document titled Florida Agricultural Promotional Campaign Identifiers, (Rev. XX/XX 09/16), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX07780.

(7) through (13) No change.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.23 FS. History–New 6-22-92, Amended 9-20-93, 12-12-93, 2-8-17,______.

 

5H-17.003 Adoption of the Florida Agricultural Promotional Campaign Identifiers.

(1) through (5) No change.

(6) The “Florida Hemp” identifier is eligible for use on products that are processed and manufactured in Florida from Florida-grown hemp.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24(1) FS. History–New 6-22-92, Amended 2-8-17,______.

 

5H-17.005 Participant Registration; Application Forms; Types of Membership; Renewal.

(1) through (4) No change.

(5) Forms. The following documents are hereby incorporated by reference. Copies of these documents can be obtained from the Division of Marketing and Development, FAPC Section, 407 South Calhoun Street, M-9, Tallahassee Florida 32399-0800 or online as indicated:

(a) “Fresh From Florida” Membership Application, FDACS-06203 (Rev. XX/XX 11/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX07827.

(b) through (c) No change.

Rulemaking Authority 570.07(23), 571.24, 571.25(2) FS. Law Implemented 571.25 FS. History–New 6-22-92, Amended 9-20-93, 12-12-93, 2-8-17, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jackie Moalli, Director of Marketing and Development

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2020