10582911, 5K-4.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10582911

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Chapter:

FOOD

Overview

RULE:

5K-4.010

Fish and Fishery Products (Repealed)

PURPOSE:

The Department of Agriculture and Consumer Services (DACS) has regulatory oversight of fish and fishery products that are received, stored, processed, marketed or sold in firms regulated by this agency. Under Section 500.02, F.S., the Department is charged with promoting state laws that are uniform with and conform to applicable federal laws to the extent practicable. As such, the Department has historically adopted the relevant portions of the Federal Food, Drug and Cosmetic Act, applicable portions of the Code of Federal Regulations (CFR), and the corresponding federal guidance documents where applicable. DACS has determined that the language in Rule 5K-4.010, F.A.C., is redundant to the CFR language adopted by reference in paragraph 5K-4.002(1)(d), F.A.C., (specifically CFR Title 21 Part 123) and language provided in the Food Code (CFR Title 21 guidance) as published by the U.S. Public Health Service and adopted by reference in subsection 5K-4.002(4), F.A.C. Therefore, to assure uniformity and conformity, DACS is seeking to repeal this redundant state language in administrative code.

SUMMARY:

The Florida Department of Agriculture and Consumer Services is seeking to repeal redundant state language in administrative code since relevant federal language exists and has already been adopted by reference within the administrative code. This repeal will have no regulatory or administrative change or effect to currently regulated firms that receive, store, process, market or sell fish or fishery products.

RULEMAKING AUTHORITY:

500.09, 500.12(1)(d), 570.07(23) FS.

LAW:

500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.13 FS.

PRINT PUBLISH DATE:

11/4/2011 Vol. 37/44

COMMENTS:

From 11/4/2011 To 11/25/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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