New rules placing fresh orange maturity standards into Chapter 20 as a result of the industry's maturity standards being removed from Chapter 601, FS. by the 2012 Legislature and allowing the industry more flexibility to deal with weather and ...

 

DEPARTMENT OF CITRUS

RULE NO.: RULE TITLE:
20-53.001: Purpose
20-53.002: Oranges for Fresh Use Maturity Standards
20-53.003: Maturation of Oranges Earlier Than Normal

PURPOSE AND EFFECT: New rules placing fresh orange maturity standards into Chapter 20, F.A.C., as a result of the industry’s maturity standards being removed from Chapter 601, FS. by the 2012 Legislature and allowing the industry more flexibility to deal with weather and disease emergencies as they affect citrus.

SUMMARY: New rules placing fresh orange maturity standards into Chapter 20, F.A.C.

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: These rules, while new, are a result of the 2012 Legislature removing the maturity standards from statute thereby allowing their placement into Chapter 20 rules; as the statute wording has been brought directly into the rules, there will be no impact to the industry.

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(7), 601.11 FS.

LAW IMPLEMENTED: 601.9910(1) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 24, 2012, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 East Main Street, Bartow, Florida 33830

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Alice Wiggins, License & Regulation Specialist, P. O. Box 9010, Bartow, FL 33831 or [e-mail]

THE FULL TEXT OF THE PROPOSED RULES IS:

ORANGES MATURITY STANDARDS – FRESH

20-53.001 Purpose.

The purpose of this rule is to set forth the specific standards as to when oranges intended for fresh use are considered mature and specifies the variances relating to maturity standards in accordance with specific times of the year.

PROPOSED EFFECTIVE DATE: January 1, 2013.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.9910(1) FS. History–New 1-1-13.

20-53.002 Oranges for Fresh Use Maturity Standards.

(1) During the period of time beginning with August 1 of each year and ending with October 31 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked or severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 50 percent of the fruit’s surface in the aggregate (the Parson Brown variety need show only such break in color on not less than 25 percent of the fruit’s surface in the aggregate);

(d) The total soluble solids of the sample is not less than 9 percent;

(e) The ratio of total soluble solids of the juice of the sample to the anhydrous citric acid set forth in Chapter 20-54, F.A.C.;

(f) The juice of the sample contains not less than 0.4 percent of anhydrous citric acid;

(g) The juice content of the orange sample is in an amount not less than at the rate of 4 1/2 gallons of juice per standard-packed box.

(2) During that period of time beginning with November 1 of each year and ending November 15 of the same year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked, or otherwise severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 50 of the fruit’s surface in the aggregate (the Parson Brown variety need show only such a break in color on not less than 25 percent of the fruit’s surface in the aggregate);

(d) The total soluble solids of the juice of the sample is not less than 8.7 percent;

(e) The ratio of total soluble solids of the juice of the sample to the anhydrous citric acid is as set forth in Chapter 20-54, F.A.C.;

(f) The juice of the sample contains not less than 0.4 percent of anhydrous citric acid;

(g) The juice content of said orange sample is in an amount not less than at the rate of 4 1/2 gallons of juice per standard-packed box.

(3) During that period of time beginning with November 16 of each year and ending with July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature only when each orange:

(a) After having been clipped, picked, or otherwise severed from the tree;

(b) Shows a break in color;

(c) With yellow color predominating on not less than 25 percent of the fruits surface in the aggregate;

(d) The total soluble solids of the juice of the sample is not less than 8.5 percent;

(e) The ratio of the total soluble solids of the juice of the sample to the anhydrous citric acid is as set forth in Chapter 20-54, F.A.C.;

(f) The juice of the sample contains not less than 0.4 percent of anhydrous citric acid;

(g) And the juice content of said orange sample is in an amount not less than at the rate of 4 1/2 gallons of juice per standard-packed box.

PROPOSED EFFECTIVE DATE: January 1, 2013.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.9910(1) FS. History–New 1-1-13.

20-53.003 Maturation of Oranges Earlier Than Normal.

(1) If in any particular shipping season it shall appear to the Department of Citrus, after a public hearing held not earlier than October 5 and called and held to determine such question, that oranges are then maturing earlier than normally as provide in Chapter 20-52, F.A.C., the Department of Citrus may by order, rule, or regulation to be issued or promulgated and to become effective not later than October 10, declare and provide that during that period of time beginning with August 1 and ending with October 16, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample is not less than 9 percent,;

(2) And during that period of time beginning with October 17 and ending with October 31, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample is not less than 8.7 percent;

(3) And during that period of time beginning with November 1 and ending July 31 of the following year, both dates inclusive, oranges meeting all other maturity standards shall be deemed to be mature when the total soluble solids of the juice of the sample is not less than 8.5 percent.

(4) From December 1 of each year to July 31 of the following year, both dates inclusive, oranges shall be deemed to be mature for canning and concentrating purposes when the total soluble solids of the juice is not less than 8 percent and when the minimum ratio of the total soluble solids of the juice to the anhydrous citric acid is as set forth in Chapter 20-54, F.A.C., with no minimum requirement as to juice content, acid, or color break.

PROPOSED EFFECTIVE DATE: January 1, 2013.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.9910(1) FS. History–New 1-1-13.

NAME OF PERSON ORIGINATING PROPOSED RULE: William Roberts, Acting General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Citrus Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 1, 2012