120.54(4)(b), Florida Statutes, states that those rules pertaining to perishable agricultural commodities shall be included in the definition of rules relating to the public health, safety, or welfare. Due to adverse growing conditions over the last 10 years due to Huanglongbing (“HLB” or “Greening”) disease and the effects of Hurricane Irma, significant amounts of the Florida Navel crops in the 2017-2018 season will have a brix level below the 9.0 and 8.7 minimum established in rule. In addition, Florida has a large volume of young tree Navels; fruit is sizing quickly, particularly with less fruit on the trees and Navels will soon be going out of grade and granulating. Failure to lower the minimum brix established by rule could cause economic waste by allowing good and safe food to be ruled immature. After taking testimony and discussing the matter at a meeting and hearing in Bartow, Florida on October 17, 2017, the Florida Citrus Commission found that there exist unusual weather conditions which could cause a substantial portion of the fresh Navel crop to fail maturity requirements. They voted unanimously to adopt Emergency Rule 20ER17-3, lowering the total soluble solids of the juice of the sample requirement for fresh Navels for the 2017-18 season.