18113021, 20ER16-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18113021

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER16-2

Grapefruit Maturity Standards - Processed

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 grapefruit crops in the 2016-2017 season will have a minimum ratio of solids to citric acid below the eight to one minimum established in rule.  In addition, strong winds and rain caused by Hurricane Matthew has placed fruit on the ground, which 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 October 5, 2016, the Florida Citrus Commission found that there exists unusual weather conditions which could cause a substantial portion of the grapefruit crop to fail maturity requirements.  They voted unanimously to adopt Emergency Rule 20ER16-2, lowering the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing for the 2016-17 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 20ER16-2 adjusting the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing, in that notice was made via email of the emergency rulemaking to take place at the October 5, 2016 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER16-2 lowering the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing for the 90-day period beginning October 6, 2016 and ending January 4, 2017.

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:

10/7/2016 Vol. 42/196

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=20ER16-2&PDate=10/7/2016&Section=4

REFERENCE MATERIALS:

No reference(s).

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