The purpose of this rulemaking is to revise the investigational allowance, as defined in s. 576.011, Florida Statutes, for boron, copper, iron, manganese and zinc micronutrients and establish a date by which such allowances are effective and other ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

5E-1.027Investigational Allowances

PURPOSE AND EFFECT: The purpose of this rulemaking is to revise the investigational allowance, as defined in s. 576.011, Florida Statutes, for boron, copper, iron, manganese and zinc micronutrients and establish a date by which such allowances are effective and other allowances are repealed in rule.  The effect of this rulemaking will be to revise investigational allowances for fertilizer deficiencies in rule for the above micronutrients to account for contributions from sampling (taking of an official sample of fertilizer) and for variations not included in the current investigational allowances.

SUMMARY: Investigational allowances for fertilizer micronutrient deficiencies for boron, copper, iron, manganese and zinc; and an effective date by which such allowances are effective and other allowances are repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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.  Additionally, no interested party submitted additional information regarding the economic impact. Considering that this rule change increases investigational allowances in fertilizer, there will be no adverse regulatory financial impact to the industry.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 576.051, 576.061 and 576.181, FS.

LAW IMPLEMENTED: 576.051, 576.061 and 576.181, FS.

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

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah Oglesby, [e-mail], 3125 Conner Blvd., Bldg. 8, Tallahassee, FL32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-1.027 Investigational Allowances.

(1) The Effective July 1, 2014, investigational allowances are set as follows:

(a) through (b) No change.

(c) Secondary and micro nutrients, total or soluble.

Element	Investigational Allowances Percent
Calcium	0.2 unit + 5 percent of guarantee
Magnesium	0.2 unit + 5 percent of guarantee
Sulfur (free and combined)	0.2 unit + 5 percent of guarantee
Boron	25 percent of guarantee for <1% guarantee; 0.15 unit + 10 percent of guarantee for >=1% guarantee 0.003 unit + 15 percent of guarantee
Cobalt	0.0001 unit + 30 percent of guarantee
Chlorine	0.005 unit + 10 percent of guarantee
Copper	25 percent of guarantee for <1% guarantee; 0.15 unit + 10 percent of guarantee for >=1% guarantee 0.005 unit + 10 percent of guarantee
Iron	25 percent of guarantee for <1% guarantee; 0.15 unit + 10 percent of guarantee for >=1% guarantee 0.005 unit + 10 percent of guarantee
Manganese	25 percent of guarantee for <1% guarantee; 0.15 unit + 10 percent of guarantee for >=1% guarantee 0.005 unit + 10 percent of guarantee
Molybdenum	0.0001 unit + 30 percent of guarantee
Sodium	0.005 unit + 10 percent of guarantee
Zinc	25 percent of guarantee for <1% guarantee; 0.15 unit + 10 percent of guarantee for >=1% guarantee 0.005 unit + 10 percent of guarantee

 

The maximum allowance for secondary and minor elements when calculated in accordance with this section is 1 unit (1 percent).  In no case, however, may the investigational allowance exceed 50 percent of the amount guaranteed.

(d) through (e) No change.

Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History–New 2-24-14, Amended.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 3, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2016