20ER09-1: Oranges: 2009-2010 Anhydrous Acid Maturity Standards.
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 adverse climactic conditions through periods of this growing season significant amounts of the Florida navel citrus crop in the 2009-2010 season will have an acid content below the 0.4 minimum established in Section 601.19, Florida Statutes. Strict enforcement of the anhydrous acid content requirements, which were adopted largely to control abuse of plant growth regulators which are no longer in use, could cause economic waste by allowing good and safe food to be ruled immature.
After taking testimony and discussing the matter at a public meeting and hearing in Lakeland, Florida on November 10, 2009, the Florida Citrus Commission found that there exist unusual growing conditions which could cause a substantial portion of the orange crop to fail minimum acid requirements. They voted to adopt Emergency Rule 20ER09-1, adjusting the percentage of anhydrous citric acid requirement for oranges for fresh and processed use from .40 to .36, for a 90 day period.
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 20ER09-1 adjusting the percentage of anhydrous citric acid requirements for oranges, in that notice was made via email and/or fax of the meeting notice on November 9, 2009 to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.
SUMMARY: Emergency Rule 20ER09-1 adjusts the percentage of anhydrous citric acid requirement for oranges from .40 to .36 for a period of 90 days.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Alice P. Wiggins, License & Regulation Specialist, Legal Department, Florida Department of Citrus, P. O. Box 148, Lakeland, Florida 33802-0148 or awiggins@citrus.state.fl.us
THE FULL TEXT OF THE EMERGENCY RULE IS:
20ER09-1 (20-13.0011) Oranges: 2009-2010 2004-2005 Anhydrous Acid Maturity Standards.
(1) During the period beginning November 12, 2009 October 29, 2004 up to and including February 10, 2010 July 31, 2005 oranges shall be deemed mature when the juice sample contains not less than .36 percent of anhydrous citric acid.
(2) No change.
Rulemaking Specific Authority 601.10(1),(7), 601.11, 601.19 FS. Law Implemented 601.111, 601.19 FS. History–New 3-14-93, Amended 2-12-95, 1-17-96, 5-1-02, 2-19-03, 3-22-05, 11-12-09.