19402539, 5KER17-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 19402539

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Overview

RULE:

5KER17-3

Cleaning and Sanitizing of Raw Milk Containers and Equipment

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

Hurricane Irma has created emergency conditions impacting the processing and storage of pasteurized Grade “A” milk thereby decreasing the availability pasteurized Grade “A” milk to consumers. In addition, the emergency conditions have reduced the availability of trucks and trailers to transfer raw milk from dairy farms to milk processing plants.  On September 9, 2017, the Commissioner of Agriculture entered an emergency order ending September 15, 2017, implementing the same provisions that are being adopted by this emergency rule, which will replace and extend the emergency provisions until September 27, 2017.

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

The provisions of this rule are narrowly tailored to assist in the processing and distribution of pasteurized Grade “A” milk during the emergency conditions created by Hurricane Irma and to increase production of Grade “A” milk for consumers without a reduction to consumer food safety protections. Due to the emergency conditions, milk producers and processors may be forced to destroy unprocessed raw milk that is needed by consumers without the allowances provided by this emergency rule.

SUMMARY:

This emergency rule allows for the increased storage time of raw milk at Grade “A” plants that meet certain requirements and extend the time between washed of bulk milk tankers under specified conditions.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Zachary Conlin, Chief, Bureau of Dairy Industry, 3125 Conner Blvd., MS C-18, Tallahassee, FL 32399, (850) 661-3661.

PRINT PUBLISH DATE:

9/14/2017 Vol. 43/178

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=5KER17-3&PDate=9/14/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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