19872698, 20ER17-5 - Florida Administrative Rules, Law, Code, Register

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Notice: 19872698

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER17-5

Anhydrous Citric Acid Standards for fresh Oranges

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 weather conditions, significant amounts of the Florida early/mid-season fresh orange crop in the 2017-2018 season will have a minimum acid requirement below the .40 established in rule.  The 10 years the industry has been battling Huanglongbing (“HLB” or “Greening”) disease has exacerbated this issue, causing the fruit to mature at a lower minimum anhydrous citric acid level than is normal at this time of year.  The inability to utilize this fruit would 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 December 20, 2017 the Florida Citrus Commission found that there exist unusual weather conditions which could cause a substantial portion of the fresh early/mid-season orange crop to fail maturity requirements.  The Commission voted unanimously to adopt Emergency Rule 20ER17-5, lowering the minimum anhydrous citric acid requirement for fresh early/mid-season orange crop for the period of December 21, 2017 through March 31, 2018, both dates inclusive.

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 20ER17-5 adjusting the minimum anhydrous citric acid requirement for early/mid-season orange crop, in that notice was made via email of the emergency rulemaking to take place at the December 20, 2017 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER17-5 lowering the minimum anhydrous citric acid for early/mid-season orange crop for the period beginning December 21, 2017 through March 31, 2018, both dates inclusive.

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:

12/21/2017 Vol. 43/245

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=20ER17-5&PDate=12/21/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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