16978121, 20ER16-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16978121

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER16-1

Anhydrous Citric Acid Standards for Fresh Oranges and Tangelos

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

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 significant amounts of the Florida fresh orange and tangelo crops in the 2015-2016 season will have an acid content below the 0.40 minimum established in rule.  Strict enforcement of the anhydrous acid content requirements could cause economic waste by allowing good and safe food to be ruled immature.	
After taking testimony and discussing the matter at a telephonic meeting and hearing in Bartow, Florida on January 4, 2016, the Florida Citrus Commission found that there exists unusual growing conditions which could cause a substantial portion of the fresh orange and tangelo crop to fail minimum acid requirements.  They voted unanimously to adopt Emergency Rule 20ER16-1, suspending the anhydrous citric acid requirement for fresh oranges and tangelos for fresh use for the 2015-16 season.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Adequate notice procedures were used by the Department of Citrus to inform the public and the Florida citrus industry of the pending adoption of Emergency Rule 20ER16-1 adjusting the percentage of anhydrous citric acid requirements for fresh oranges and tangelos, in that notice was made via email of the emergency rulemaking to take place at the January 4, 2016 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER16-1 suspends the anhydrous citric acid requirement for fresh oranges and tangelos for the 2015-16 season.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Alice P. Wiggins, Administrative Assistant, Legal Department, Florida Department of Citrus, P O Box 9010, Bartow, Florida 33831-9010 or AWiggins@citrus.myflorida.com  .

PRINT PUBLISH DATE:

1/6/2016 Vol. 42/03

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=20ER16-1&PDate=1/6/2016&Section=4

REFERENCE MATERIALS:

No reference(s).

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