The purpose of this proposed rule is to update the National Institute of Standards and Technology (NIST) Handbooks 130 (Section: Uniform Packaging and Labeling Regulation) and 133 adopted in this rule chapter to the 2016 versions of each.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NOS.:RULE TITLES:

5F-3.001Adoption of Uniform Packaging and Labeling Regulation

5F-3.016Package Testing Procedures

PURPOSE AND EFFECT: The purpose of this proposed rule is to update the National Institute of Standards and Technology (NIST) Handbooks 130 (Section: Uniform Packaging and Labeling Regulation) and 133 adopted in this rule chapter to the 2016 versions of each.

SUMMARY: This proposed rule will update the adopted versions of the National Institute of Standards and Technology (NIST) Handbooks 130 (Section: Uniform Packaging and Labeling Regulation) and 133 in Rule Chapter 5F-3, F.A.C.

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), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

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: 531.41(3) FS.

LAW IMPLEMENTED: 531.41(4), (13), 531.47, 531.49 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: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5F-3.001 Adoption of Uniform Packaging and Labeling Regulation.

The Department of Agriculture and Consumer Services hereby adopts the “Uniform Packaging and Labeling Regulation” as published by the United States Department of Commerce, National Institute of Standards and Technology (NIST), in NIST Handbook 130, 2016 2006 Edition, as the rule for packaging and labeling of commodities and incorporates said uniform regulation herein by this reference. A copy of NIST, Handbook 130 (Section: Uniform Packaging and Labeling Regulation), 2016 2006 Edition, may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference. Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Phone: [phone] or www.nist.gov/pml/wmd/index.cfm. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Copies of this uniform regulation are available from the Division of Consumer Services Standards, Bureau of Standards Weights and Measures, 3125 Conner Boulevard, Lab #2, Tallahassee, Florida 32399-1650, Phone: [phone].

Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47, 531.49 FS. History–New 1-1-73, Formerly 5F-3.01, Amended 6-14-95, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05, 5-23-06, _________.

 

5F-3.016 Package Testing Procedures.

The Department of Agriculture and Consumer Services hereby adopts the National Institute of Standards and Technology (NIST) Handbook 133, “Checking the Net Contents of Packaged Goods,” 2016 Edition, Fourth Edition (January 2005) as the rule for the procedures for testing packaged goods and commodities for net contents and incorporates said Handbook herein by this reference. A copy of NIST Handbook 133, 2016 Edition, Fourth Edition (January 2005) may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference. National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, Nebraska 68508, Phone: [phone] or www.nist.gov/pml/wmd/index.cfm. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Lab #2, Tallahassee, Florida 32399-1650, Phone: [phone].

Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(13) FS. History–New 4-9-98, Amended 6-23-02, 6-29-03, 6-2-05, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew Curran, Chief of Standards

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 1, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 3, 2016