DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-24.001Performance Specifications and Standards for Motor Vehicle Brake Fluid
5J-24.002Registration
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 58, March 25, 2019 issue of the Florida Administrative Register.
5J-24.001 Performance Specifications and Standards for Motor Vehicle Brake Fluid.
(1) The performance specifications and standards for brake fluid adopted by the United States Department of Transportation and contained in Motor Vehicle Safety Standard No. 116, Motor Vehicle Brake Fluids, revised October 1, 2017, as referenced in 49 CFR 571.116, are hereby incorporated by reference as rules of the Department of Agriculture and Consumer Services. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, D.C. 20401, or at http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(a) The performance specification and standard for brake fluid is hereby incorporated by reference: SAE International J1703 “Motor Vehicle Brake Fluid,” revised July 14, 2016.
(b) The performance specification and standard for brake fluid is hereby incorporated by reference: SAE International J1704 “Motor Vehicle Brake Fluid Based Upon Glycols, Glycol Ethers and the Corresponding Borates,” revised July 14, 2016.
(2) No change.
(3) In accordance with section 526.53(2)(a), F.S., any brake fluid brand/formula sold (as that term is referenced in section 526.50(3), F.S.), offered, or exposed for sale in violation of sections 526.50 – 526.56, F.S., or this rule chapter shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 02/17, as incorporated by reference in rule 5J-22.003, F.A.C., prohibiting the sale of the brake fluid brand/formula combination. Upon resolution of the violation, the brake fluid shall be released by the department, using FDACS-03209, Release, Rev. 02/17 as incorporated by reference in rule 5J-22.002, F.A.C.
Rulemaking Authority 526.52(1) , 526.53(4), 570.07(23) FS. Law Implemented 526.52, 526.53(1), (2), 526.54 FS. History–New 5-8-78, Formerly 5F-6.01, Amended 12-9-98, 12-9-02, 6-21-04, 2-26-14, Formerly 5F-6.001, Amended .
5J-24.002 Registration.
(1) In accordance with section 526.51, F.S., each brake fluid brand/formula combination shall be registered or renewed annually or biennially with the department prior to being sold (as that term is referenced in section 526.50(3), F.S.), offered, or exposed for sale. Registrant shall make application on FDACS-03212, Brake Fluid Registration Application, Rev. 02/19, hereby incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref- . Application shall be made by the owner of the brand name or, pursuant to section 526.51(1)(a), F.S., by an applicant providing an affidavit from the brand name owner authorizing applicant to make application for registration. Upon successful registration, pursuant to section 526.51, F.S., and this rule chapter, the department shall permit the brake fluid brand/formula combination authorizing the sale (as that term is referenced in section 526.50(3), F.S.), offering, or exposing for sale of the specified brake fluid brand/formula combination in this state for the permit period.
(2) Application for renewal shall be made on FDACS-03212, Brake Fluid Registration Application, Rev. 02/19, as incorporated in subsection (1) of this rule. If any one or more components of the application package and/or associated registration elements are received after the current permit expiration date, a late fee of $25 shall be added to the renewal fee. Upon successful renewal of registration, pursuant to Section 526.51, F.S., and this rule chapter, the department shall permit the renewed brake fluid brand/formula combination authorizing the sale (as that term is referenced in section 526.50(3), F.S.), offering, or exposing for sale of the specified brake fluid brand/formula combination in this state for the permit period.
(3) Any unregistered brand of brake fluid that was registered in the immediately preceding registration period and has not been or is not currently in the process of being renewed shall be disposed of by the registrant within 30 days of registration expiration. Disposal shall be the responsibility of the registrant and in a manner as prescribed below. If the product has been placed under stop sale order by the department, it must be released by the department prior to the execution of any disposal method. Acceptable disposal methods:
(a) Removal of all unregistered brake fluid product from this state, not to be sold (as that term is referenced in section 526.50(3), F.S.), offered, or exposed for sale again in this state until successful registration has been completed, or;
(b) No change.
Rulemaking Authority 526.53(4), 570.07(23) FS. Law Implemented 526.51, 526.52, 526.53 FS. History–New 2-26-14, Formerly 5F-6.002., Amended .
