Incorporating forms into rule; repealing 20-30.002 and .003 which restates provisions contained in statute

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-30.001Registration Required

20-30.002Notice Required

20-30.003License and Bond Required

20-30.004Minimum Equipment Required

PURPOSE AND EFFECT: Incorporating forms into rule; repealing 20-30.002 and .003 which restates provisions contained in statute

SUMMARY: Forms, redundant language

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 used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the economic criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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(1), (7) FS.

LAW IMPLEMENTED: 601.40, 601.41, 601.10(7) FS.

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

DATE AND TIME: October 21, 2020, 9:00 a.m.

PLACE: Via ZOOM, link to be provided in the meeting notice posted in FAR and emailed to industry organizations and press corps and all other interested persons who have asked to be notified

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, Legal Assistant, P O Box 9010, Bartow, FL 33831 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-30.001 Registration Required.

(1) Any person desiring to operate a citrus fruit packinghouse in the State of Florida shall, at least ten days before packing citrus fruit, register such packinghouse, with its location by county, shipping point, and post office, with and on form FDACS-07042, and as revised, Application for Registration Certificate, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref- furnished by the Department of Agriculture and Consumer Services, Bartow, Winter Haven, Florida.

(2) To determine compliance with minimum equipment requirements under Rule 20-30.004, F.A.C., the Department of Agriculture and Consumer Services shall confirm a citrus fruit dealer’s license has been issued to the facility and the conduct of an on-site inspection must be conducted of any new or newly renovated packinghouse facility, prior to approval of registration.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.40, 601.41 FS. History–Formerly 105-1.08(1), Amended 1-1-75, 9-5-85, Formerly 20-30.01, Amended 7-21-92.

 

20-30.002 Notice Required.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.40, 601.41 FS. History–Formerly 105-1.08(1), Amended 1-1-75, Formerly 20-30.02, Repealed                      .

 

20-30.003 License and Bond Required.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.40 FS. History–Formerly 105-1.08(2), Amended 1-1-75, Formerly 20-30.03, Repealed                          .

 

20-30.004 Minimum Equipment Required.

(1) through (2) No change.

(3) The provisions of subsections 20-30.004(1) and (2), F.A.C., shall not apply to any registered packinghouse which:

(a) Purchases only previously graded and certified fruit for repacking, or

(b) Has registered as an organic citrus grower with the Florida Department of Agriculture and Consumer Services, form FDACS-07128, and as revised, Application for Registration As Organic Grower, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref- furnished by the Department of Agriculture and Consumer Services, Bartow, Florida. Packs only fruit that is certified organic pursuant to the provisions of Section 504.26, F.S.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS. History–New 9-5-85, Formerly 20-30.04, Amended 7-21-92, 1-9-94,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elliott V. Mitchell

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 9/16/2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/15/2020