The purpose of this rulemaking is to substantially revise the Florida Agricultural Promotion Campaign to increase consumer awareness and expand the market for Florida agricultural products.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Marketing and Development

RULE NOS.:RULE TITLES:

5H-17.001Purpose; Establishment of Campaign

5H-17.002Definitions

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

5H-17.004Use of the Identifiers; Deposit of Funds

5H-17.005Participant Registration; Application Forms; Classes of Membership

5H-17.006Renewal

5H-17.007Acquisition Procedures for Purchasing Services Directly Related to the Campaign

PURPOSE AND EFFECT: The purpose of this rulemaking is to substantially revise the Florida Agricultural Promotion Campaign to increase consumer awareness and expand the market for Florida agricultural products.

SUMMARY: The proposed rules set forth definitions and adopt approved FAPC Identifiers. The rules also identify proper use of the identifiers, penalties for misuse, types of memberships, member registration and membership fees.

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), F.S. There is a $50.00 membership fee associated with this program; however, program membership is voluntary. As a result, these changes yield no anticipated regulatory impact. Additionally, no interested party has submitted extra information regarding the economic impact.

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.

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(9) FS.

LAW IMPLEMENTED: 571.23, 571.24, 571.25, 571.26, 571.29, 571.301 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: Christopher Green, Assistant Director, Division of Marketing and Development; 407 South Calhoun Street, Tallahassee, FL 32399; [e-mail]; 850-617-7300

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5H-17.001 Purpose; Establishment of Campaign.

Rulemaking Authority 571.24(9) FS. Law Implemented 571.22, 571.24 FS. History–New 6-22-92, Repealed _________.

 

Substantial rewording of Rule 5H-17.002 follows. See Florida Administrative Code for present text.

5H-17.002 Definitions.

For purposes of this chapter, the definitions in Section 571.23, F.S., and the following shall apply:

(1) “Agricultural product” means any fresh or processed horticultural, aquacultural, viticultural, fish or seafood, dairy, poultry, apicultural, or other farm or garden product.

(2) “Agritourism activity” as defined in Section 570.86, F.S.

(3) “Allied Member” is a membership classification which means a person, unified group, association, or business supporting the efforts of the campaign.

(4) “Broker” is a membership classification which means a person engaged in the business of negotiating the sale of Florida agricultural products to retailers or wholesalers.

(5) “Campaign” or “the Campaign” means the Florida Agricultural Promotional Campaign (FAPC), also commonly referred to as the Fresh From Florida (FFF) program, which is a marketing tool for the promotion of Florida agricultural products, and agricultural related businesses and which allows FAPC members to identify with the FFF brand through the use of its identifiers under the criteria established in Rule 5H-17.003, F.A.C.

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

(7) “Landed” means the physical act of bringing harvested seafood products ashore.

(8) “Non-profit/Educational Organization” is a membership classification which means a non-profit organization, or a group within the education system of Florida.

(9) “Producer” is a membership classification which means a person growing, raising, or harvesting agricultural products in the state of Florida.

(10) “Retailer” is a membership classification which means a person engaged in the business of selling agricultural products to consumers, including foodservice and restaurants.

(11) “Shipper/Distributor/Packer/Repacker” is a membership classification which means a person engaged in the business of packing, shipping, processing, or repacking agricultural products in Florida.

(12) “Unprocessed” means that the food is in its raw state and has not been frozen or subjected to any form of thermal processing or preservation, except the following: refrigeration, the use of waxes or coatings, the use of post-harvest pesticides, the application of a mild chlorine wash or mild acid wash on produce, or the treatment of raw foods with ionizing radiation.

(13) “Wholesaler” is a membership classification which means a person engaged in the business of selling agricultural products to retailers.

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, _________.

 

Substantial rewording of Rule 5H-17.003 follows. See Florida Administrative Code for present text.

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

(1) The Identifiers are emblems designed, determined, and adopted as identifiers for use in advertising, publicizing and promoting the sale of Florida agricultural products. The Identifiers are available for use in marketing Florida agricultural products by persons who comply with the provisions of this chapter.

(2) The “Fresh From Florida” Identifier is eligible for use on items that are  unprocessed Florida Agricultural products. In addition, Florida agricultural products in the following categories must meet the specified criteria in order to use the “Fresh From Florida” Identifier.

(a) Meats/Proteins: the agricultural product must be derived from animals born, raised and finished in Florida.  Slaughter and processing must take place in a USDA inspected facility in Florida or within 21 days of exiting the state of Florida en route directly to a USDA inspected slaughter facility, and must comply with USDA labeling guidelines. The following USDA labeling guidelines are hereby incorporated by reference and available online at

1. 9 CFR 317, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

2. 9 CFR 381, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  

(b) Agritourism activities: The “Fresh From Florida” Identifier is eligible to be used in the promotion of agritourism activities.

(c) Seafood: The “Fresh From Florida” identifier is eligible for use on all Florida seafood products or in the promotion of such products.  Seafood products must be landed, grown, or harvested in Florida and shall not have been combined with a non-Florida agricultural product.

(3) The “Fresh From Florida Made With Florida” Identifier is eligible for use on items that contain Florida agricultural products that have been processed or combined with other products resulting in the creation of a new product. 

(4)  The “From Florida USA” Identifier is eligible for use on Florida agricultural products which meet the criteria established in Rule 5H-17.003(2) or (3), F.A.C., and are exported to other countries.

(5) The “Fresh From Florida Proud Supporter” Identifier is eligible for use on products which meet the criteria established in Rule 5H-17.003 (2), (3), or (4).

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24(1) FS. History–New 6-22-92, Amended_________.

 

5H-17.004 Use of the Identifiers; Deposit of Funds.

(1) No person shall use the Identifiers adopted herein without meeting the requirements established in Rule 5H-17.005, F.A.C. having paid the appropriate membership fee and agreed to the membership requirements.

(2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners, or business signage, that are profane, vulgar, racist, hateful, or that meet the definition of obscene as set forth in Section 847.001(10), F.S.

(3)(2) The Identifiers are eligible for use may be used only as gum labels attached to the product or product containers, printed on containers, incorporated in private product packaging, stamped directly on the products, printed on ribbons or bands attached, printed on shipping containers, displayed on business vehicles, websites, banners and signage at business locations or used on menus and  in print/digital media or promotional newspaper, magazine or other media/promotional materials and advertising.

(4)(3) Reproduction of the Identifiers shall may be made only from the artwork supplied by the department and is restricted to the colors specified by the Department. If the logo is to be placed on an existing printed package, the Identifiers may be printed in one of the colors already used.

(5)(4) Any Florida agricultural product which meets the criteria established in Rule 5H-17.003, F.A.C., is eligible for inclusion within the Campaign.

(6)(5) All monies received by the department from the sale of media/promotional advertising materials that incorporate the Identifiers shall be deposited into the Florida Agricultural Promotional Campaign Trust Fund.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS. History–New 6-22-92, Amended_________.

 

Substantial rewording of Rule 5H-17.005 follows. See Florida Administrative Code for present text.

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

(1) Registration.  Prospective Campaign participants must apply to the department on the form adopted in subsection (5) of this rule, pay the membership fee as provided in subsection (3) of this rule, if applicable, and agree to abide by the the Identifier use criteria established in Rules 5H-17.003 and 5H-17.004, F.A.C.

(2) Renewal.  Each registrant shall renew membership annually on the anniversary date of original registration by submitting the renewal form adopted in subsection (5) of this rule and the annual membership fee of $50.

(3) Types of Membership.

(a)Paid Membership. Must submit a $50 membership fee with the application.

1. Producer

2. Producer – Upick

3. Broker

4. Shipper/Distributor/Packer/Repacker

5. Allied Member

6. Wholesaler

(b) Non-paid Membership.  A membership fee is not required with the application.

1. Retailer

2. Non-Profit/Educational Organization

3. A Florida Saltwater Products Dealers License holder pursuant to Section 379.361, F.S.

4. A Florida Wholesaler Saltwater Products Dealers License holder pursuant to Section 379.362, F.S.

5. Persons who have paid alligator egg collection fees pursuant to Section 379.3751, F.S.

(4) Registration to use the Identifiers is not transferable.

(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. 08/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-????

(b) “Fresh From Florida” Member Renewal Form, FDACS-06611 (Rev. 08/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-????

(c) “Fresh From Florida” Logo Incentive Program Application, FDACS-06711 (Rev. 08/16), http://www.flrules.org/Gateway/reference.asp?No=Ref-????

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, 12-12-9,_________.

 

5H-17.006 Penalties Renewal.

(1) The department may impose one or more of the following penalties against any person who violates any of the provisions of the Florida Agricultural Promotional Campaign Act or this rule chapter: Each registrant shall renew registration by July 1 of each year.

(a) Issuance of a warning letter.

(b) Imposition of an administrative fine in the Class I category pursuant to Section 570.971, F.S. per violation for a first-time offender.

(c) For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to Section 570.971, F.S. for each violation.

(d) The term “each violation” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.

(e) Revocation or suspension of  program membership.

(2) The department is also authorized by Section 570.301, F.S., to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act  or this rule chapter. The department reserves the right to refuse new registration to any person whose registration has been revoked.

(3) Registration to use the Identifiers is not transferable.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.29, 570.301 FS. History–New 6-22-92, Amended,_________.

 

5H-17.007 Acquisition Procedures for Purchasing Services Directly Related to the Campaign.

Rulemaking Authority 571.27 FS. Law Implemented 571.27 FS. History–New 6-22-92, Repealed _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Darica Smith, Director, Division of Marketing and Development

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 9/22/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/10/2016