The purpose of this Notice of Proposed Rule is to repeal a set of obsolete rules that are based on statutory language repealed by the Florida Legislature in 2000. The Florida Department of Agriculture and Consumer Services previously had statutory ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NO: RULE TITLE
5K-1.003: Application for Inspection, Fees, Rejection of Application, Updates, Renewal, Official Numbers and Withdrawal of Inspection
5K-1.0051: Schedule of Operations, Water Supply for Cleaning, Application of Pesticides, Vehicles Transporting Animal Products, Permission for Release of Stop-Sale Product, and Retention Tags
5K-1.019: United States Federal Regulations for Mandatory Meat Inspection and Mandatory Poultry Product Inspection, U.S.D.A. Directives, and Parts XI and XII of the State Performance Plan Adopted
5K-1.020: Approved Methods of Humane Slaughter
5K-1.021: Inspection of Nontraditional Livestock - Requirements, Scheduling, Inspection Marks, Fees
PURPOSE AND EFFECT: The purpose of this Notice of Proposed Rule is to repeal a set of obsolete rules that are based on statutory language repealed by the Florida Legislature in 2000. The Florida Department of Agriculture and Consumer Services previously had statutory authority for the regulation and inspection of operations engaged in the slaughter of animals or the preparation of animal products for human consumption. Chapter 585, Part III, Animal and Animal Product Inspection and Labeling (ss. 585.70 – 585.96) was repealed during the 2000 Legislative Session (Chapter 2000-308, Section 38, L.O.F.). Those duties and the impacted firms were administratively transferred back to the U. S. Department of Agriculture (USDA). The remaining rules have not been used by this agency since that time and to repeal such will have no impact on the Department or its regulated entities.
SUMMARY: This rule amendment addresses the repeal of obsolete rules relative to the regulation of animal slaughter operations and meat processing plants. This program is no longer a function performed by the Department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 585.002(4), 585.715(2), 585.93, 828.25(1) FS.
LAW IMPLEMENTED: 570.07(2), 585.71, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86, 585.87, 585.89, 585.90, 585.93, 585.902, 585.903, 585.904, 585.905, 585.91, 828.22, 828.24 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: October 17, 2008, 11:00 a.m. – 12:00 Noon
PLACE: Eyster Auditorium, The Conner Building, 3125 Conner Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; telephone: [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5K-1.003 Application for Inspection, Fees, Rejection of Application, Updates, Renewal, Official Numbers and Withdrawal of Inspection.

Specific Authority 585.002(4), 585.715(2) FS. Law Implemented 585.74(1), (2), (4), (5), (7), 585.72(2), 585.75(2), 585.79, 585.84, 585.91(1), (2), (4), (6), (7) FS. History–New 6-29-62, Formerly 5C-1.03, Amended 1-5-94, Formerly 5C-1.003, Amended 7-5-95, 1-17-96, Repealed_________.

 

5K-1.0051 Schedule of Operations, Water Supply for Cleaning, Application of Pesticides, Vehicles Transporting Animal Products, Permission for Release of Stop-Sale Product, and Retention Tags.

Specific Authority 585.002(4), 585.715(2) FS. Law Implemented 585.71, 585.74(2), 585.78, 585.80(3), 585.90, 585.83, 585.91 FS. History–New 1-5-94, Formerly 5C-1.0051, Amended 7-5-95, 1-17-96, Repealed_________.

 

5K-1.019 United States Federal Regulations for Mandatory Meat Inspection and Mandatory Poultry Product Inspection, U.S.D.A. Directives, and Parts XI and XII of the State Performance Plan Adopted.

Specific Authority 585.002(4), 585.715(2) FS. Law Implemented 570.07(2), 585.72, 585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86, 585.87, 585.89, 585.90, 585.902, 585.903, 585.904, 585.905, 585.91, 585.93 FS. History–New 3-20-71, Formerly 5C-1.19, Amended 1-5-94, Formerly 5C-1.019, Amended 10-30-95, 1-17-96, 9-3-96, 4-10-97, Repealed_________.

 

5K-1.020 Approved Methods of Humane Slaughter.

Specific Authority 828.25(1) FS. Law Implemented 828.22, 828.24 FS. History–New 7-5-95, Repealed_________.

 

5K-1.021 Inspection of Nontraditional Livestock – Requirements, Scheduling, Inspection Marks, Fees.

Specific Authority 585.002(4), 585.715(2), 585.93 FS. Law Implemented 585.93 FS. History–New 1-17-96, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Marion Aller, Director, Division of Food Safety, Department of Agriculture and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25, 2008, Vol. 34/30