20-3.005. General Provisions

(1) The following licensed citrus fruit dealers are exempt from the reporting requirements:

(a) All gift fruit shippers;

(b) Retail processors and dairies;

(c) Processors engaged exclusively in the production of fresh squeezed unpasteurized juice and who utilize less than 200,000 boxes per year.

(2) For the purposes of this rule, terms shall have the meanings prescribed by Section 601.03, F.S. In addition, the term:

(a) “Bulk storage” is defined as storage, or storage capacities, of total quantities of processed citrus juice products in excess of fifty thousand (50,000) gallons stored in drums, bins, totes, barrels, or tank farms.

(b) “Contract, Long-Term (Multi-Season) priced fruit” is defined as:

1. Fruit purchased on a multi-season basis including:

a. Fruit with prices established prior to current fruit season;

b. Fruit for which a contract has been executed for current and future seasons; and,

c. Fruit contracted for multi-years and/or future seasons (Long Term Contract-basis).

2. Fruit contracted with no price specified at the time the contract is executed; however, the price must be calculable at time of fruit delivery.

(c) “Contract priced fruit” is defined as fruit purchased where a price is stated or is determinable on the basis of specified contract language and for which the price is available during the week of fruit processing (includes bulk contracts).

(d) “Current Fruit Season” is defined as October 1 through the end of fruit processing for that season.

(e) “Current Reporting Week” is defined as the seven (7) days prior to the “Week Ending” date.

(f) “Dairies” means milk plant operators, as that term is defined in Section 502.012, F.S.

(g) “Eliminations” are defined, for the purposes of the Post Estimate Report, as citrus fruit that has been graded out or eliminated from the fresh channel of trade by a packinghouse and delivered to a processor for the processed channel of trade.

(h) “FDOC Week Ending Date” is set as Sunday – Saturday with each week ending at midnight on Saturday; however, facilities may set their week ending day to align with their accounting processes provided the week ending day remains consistent throughout the current fruit season and the reporting week begins on Sunday.

(i) “Final Priced Fruit” is defined as a price (either stated in contract language or to be determined based upon contract language) that is known or will be determined before or during the week of fruit processing. This may include contracts with ‘floor’ and ‘rise’ language if the final price or pricing basis for the ‘rise’ is known during the week of delivery/processing.

(j) “Intermediate priced fruit” is defined as:

1. A price, either stated in contract language or to be determined based on contract language;

a. Before the final price is known; and,

b. For which the Final Price may be greater but not less than the Intermediate Price; and,

c. For which only the Intermediate Price is available during week of delivery/processing.

2. For which the Final Price or pricing basis for the ‘rise’ is not known during the week of delivery/processing due to ‘floor’ and ‘rise’ language in the executed contract.

(k) “Non-priced fruit without a final or intermediate price known” is defined as fruit processed for which the final price is not known during the week of delivery (floor/rise, participation, etc.).

(l) “Other Non-priced fruit” shall be defined as:

1. If the fruit was delivered/sold by a corporation to itself, or

2. If a subsidiary corporation delivered/sold its fruit to a parent corporation, or

3. If an owner, major stockholder, officer or employee of a processing corporation delivered/sold their fruit to the processing corporation, or

4. If the fruit is being toll processed and the price is not known to the processing facility.

(m) “Retail processors” means processors who exclusively engage in direct sales of packaged citrus juice to ultimate consumers under the processor’s own name, and do not place packaged citrus juice into the stream of commerce in wholesale form.

(n) “Spot priced fruit” is defined as fruit delivered to the processor without a pre-determined price or contract, for immediate delivery and sold for the daily price.

(o) “Toll pack processing” is the act of processing fruit by a processing facility where ownership or title of such fruit never passes to the processor. The ownership of such fruit rests at all times during processing and packaging with the licensed citrus fruit dealer who has made delivery of fruit.

(3) Any data reported to the Florida Department of Citrus that a facility deems to be a trade secret (i) shall be clearly labeled as “Trade Secret” at the time it is submitted to the Department of Citrus, and (ii) shall be designated a trade secret on a Statement of Trade Secret Form under Rule 20-100.004, F.A.C. Individual facility information reported pursuant to this rule shall be held confidential as a designated trade secrets as defined in Section 688.002(4), F.S., and treated as exempt from the provisions of Section 119.07(1), F.S. Absent a written declaration that the facility deems the data to be a trade secret in compliance with the process set forth in this subsection (3), the data provided to the Department of Citrus will not be treated as a trade secret, as defined in Section 688.002(4), F.S.

(4) Reports as required under this rule chapter are subject to the inspection of records provision of Section 601.70, F.S.

Rulemaking Authority 601.10(1), 601.15(10)(a) FS. Law Implemented 119.0715, 601.15(4), 601.69 FS. History–New 8-31-15, Amended 2-2-20, 11-26-20, 6-23-22.