Repealing rules no longer utilized by the fresh industry; amending rules to clarify the use of coloring matter.

 

DEPARTMENT OF CITRUS

RULE NOS.:RULE TITLES:

20-32.001Notice of Intent to Color and Inspection of Fruit

20-32.002Procedure for Sampling and Testing Fruit to be Colored

20-32.003Use of Coloring Matter

20-32.004Prohibited Coloring Matter

20-32.005Early Varieties

20-32.006Midseason Varieties

20-32.007Late Varieties

20-32.008Tolerance

20-32.009Mixing Fruit Prohibited

20-32.011Time and Temperature Limitations

PURPOSE AND EFFECT: Repealing rules no longer utilized by the fresh industry; amending rules to clarify the use of coloring matter.

SUMMARY: Repealing unnecessary rules and amending rules for clarity.

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: upon review of the proposed new rule, the department has determined that the rule will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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: 601.10(7), 601.11, 601.80 FS.

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

DATE AND TIME: Wednesday, May 16, 2018, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 E Main St, Bartow, FL 33830

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-32.001 Notice of Intent to Color and Inspection of Fruit.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS.  History--Formerly 105-1.12(11), Amended 1-1-75, Formerly 20-32.01, Amended 7-21-92, 10-15-95, Repealed                          .

 

20-32.002 Procedure for Sampling and Testing Fruit to be Colored.

Rulemaking Authority 601.10(1), (7) FS.  Law Implemented 601.10(7) FS.  History--Formerly 105-1.12(3), Amended 1-1-75, Formerly 20-32.02, Amended 10-15-95, Repealed                         .

 

20-32.003 Use of Coloring Matter.

1. Only coloring matter previously approved by the Department of Agriculture may be used to color any citrus fruit; excluding tinted food grade wax for use on citrus to maintain freshness, manufacturer’s instructions for the use of artificial coloring matter shall be followed.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7), 601.80 FS.  History--Formerly 105-1.12(4), Amended 1-1-75, Formerly 20-32.03, Amended 10-15-95,                            .

 

20-32.004 Prohibited Coloring Matter.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS. History--Formerly 105-1.12(8), Amended 1-1-75, Formerly 20-32.04, Amended 10-15-95, Repealed                     .

 

20-32.005 Early Varieties.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS. History--Formerly 105-1.12(5), Amended 1-1-75, Formerly 20-32.05, Repealed                      .

 

20-32.006 Midseason Varieties.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS.  History--Formerly 105-1.12(6), Amended 1-1-75, Formerly 20-32.06, Repealed                       .

 

20-32.007 Late Varieties.

Rulemaking Authority 601.10(1), (7) FS.  Law Implemented 601.10(7) FS.  History--Formerly 105-1.12(7), Amended 1-1-75, Formerly 20-32.07, Repealed                          .

 

20-32.008 Tolerance.

Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.10(7) FS. History--Formerly 105-1.12(8), Amended 1-1-75, Formerly 20-32.08, Repealed                        .

 

20-32.009 Mixing Fruit Prohibited.

No colored fruit colored in accordance with this rule shall be mixed with fruit not so colored.

Rulemaking Authority 601.10(1), (7) FS.  Law Implemented 601.10(7) FS. History--Formerly 105-1.12(9), Amended 1-1-75, Formerly 20-32.09, Amended                               .

 

20-32.011 Time and Temperature Limitations.

Rulemaking Authority 601.10(1), (7) FS.  Law Implemented 601.10(7) FS.  History-Formerly 105-1.12(12), Amended 1-1-75, Formerly 20-32.11, Repealed                             .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2018