Amending rule to add a newly approved spectrophotometer and including the Xrite version of the GretagMacbeth spectrophotometer already approved but now sold under a new corporate name. Also adding canned single strength orange juice to the list of ...

 

DEPARTMENT OF CITRUS

RULE NO.:RULE TITLE:

20-65.002Equipment

PURPOSE AND EFFECT: Amending rule to add a newly approved spectrophotometer and including the Xrite version of the GretagMacbeth spectrophotometer already approved but now sold under a new corporate name. Also adding canned single strength orange juice to the list of products to be measured for color scores. The addition of a new spectrophotometer will allow updated technological use in equipment used in measuring color scores for processed orange juice products.

SUMMARY: Newly approved spectrophotometer and addition of canned single strength orange juice under products to be measured.

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: New technology is constantly evolving, and companies utilize new technology to provide improved equipment for measuring color scores for orange juice. The USDA, based in Winter Haven and responsible for inspection of processed citrus products, was contacted by Xrite and provided information on a new spectrophotometer. The USDA ran tests to insure the requirements for such equipment were met. As in any industry, especially citrus and the severe negative impact of Huanglongbing, better technology is an advantage in cost saving and precision. The estimated regulatory costs of such an amendment shall not exceed the five-year, one-million-dollar threshold outlined in section 120.541(2), Florida Statutes.

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: 601.10(7), 601.11, 601.9905, 601.9909, 601.24 FS.

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

DATE AND TIME: December 19, 2018, 9:00 a.m.

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

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:

 

20-65.002 Equipment.

(1) Any of the following colorimeter or spectrophotometer devices shall be used for measuring color scores for frozen concentrated orange juice (FCOJ), canned concentrated orange juice (CCOJ), concentrated orange juice for manufacturing (COJFM), pasteurized orange juice (POJ), canned single strength orange juice (CSSOJ), and orange juice from concentrate (OJFC):

(a) through (g) No change.

(h) Xrite Color-Eye Spectrophotometer Model i5 with Color IQC Professional SLITaper.

(i) Xrite Spectrophotometer Model Ci7600 with Color IQC Professional SLITaper.

(j)(h) Devices validated and approved by order of the Florida Department of Agriculture and Consumer Services.

(2) through (4) No change.

Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented 601.10(7), 601.11, 601.9905, 601.9909, 601.24 FS.  History--Formerly 105-1.19(1)(r), (l), Amended 1-1-75, Formerly 20-65.02, Amended 1-30-86, 1-12-92, 6-21-93, 1-17-95, 10-26-97, 8-22-06, 6-19-12,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elliott V. Mitchell, General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2018