18458632, 20ER17-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18458632

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER17-1

Grapefruit Maturity Standards - Processed

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

Section 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 the continuing effects of Huanglongbing (“HLB” or “Greening”) disease a significant amount of the Florida grapefruit crop will have a minimum ratio of solids to citric acid below the eight to one minimum established in rule during the early 2016-2017 season. The current rule will harm growers financially due to the inability to sell the fruit as ‘grove to facility’ fruit, which sells at a higher price.  In addition, citrus growers with young trees will be unable to pick the fruit during the next 28 days, resulting in the inability to begin HLB therapies on the trees earlier in the season. 
After taking testimony and discussing the matter at a telephonic meeting and hearing in Bartow, Florida on January 4, 2017, the Florida Citrus Commission found that there exists an unusual circumstance causing a substantial portion of the grapefruit crop to fail maturity requirements, resulting in detrimental harm to an industry already in financial crisis. They voted unanimously to adopt Emergency Rule 20ER17-1, lowering the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing from January 5, 2017 through January 31, 2017.

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 20ER17-1 adjusting the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing, in that notice was made via email on January 3, 2017 of the emergency rulemaking to take place at the January 4, 2017 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER17-1 lowers the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing for the period beginning January 4, 2017 through January 31, 2017, assuring good and safe food does not go to waste and the industry is not harmed financially.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

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

PRINT PUBLISH DATE:

1/6/2017 Vol. 43/04

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=20ER17-1&PDate=1/6/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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