12178852, 20ER12-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12178852

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER12-1

Navel and Ambersweet oranges: 2012-13 Anhydrous Acid Maturity Standards

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

Section 120.54(4)(a), FS, authorizes state agencies to engage in emergency rulemaking upon a finding that there is an immediate danger to the public health safety or welfare, and section 120.54(4)(b) specifically includes rules pertaining to perishable agricultural commodities in the category of public health, safety, and welfare.

The Department received a petition requesting emergency rulemaking from the Florida Citrus Packers Association, a non-profit industry organization located in Lakeland, Florida.

The emergency is due to extreme rainfall from Hurricane Isaac during the last week of August and the first week of September causing a significant portion of the navel and ambersweet orange crop to not meet the current minimum requirement and such emergency action would allow the salvage of wholesome fruit. 

Strict enforcement of the anhydrous acid content requirements shall result in economic waste by causing good and safe food to be ruled immature, therefore causing damage to the public welfare.

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

The following notice procedure was used and relied upon by the Department of Citrus to inform the public and the Florida citrus industry of the pending adoption of emergency Rule 20ER12-1:   Notice of emergency rulemaking to be taken up at an emergency meeting of the Florida Citrus Commission was made by email on October 17, 2012, to the Florida Citrus Commission, industry organizations, the Florida Press Corps and all other interested parties.

Procedures used are fair under the circumstances and are adequate to protect the public interest.

SUMMARY:

emergency rule lowering the acid requirement for Navels and Ambersweet varieties from the current minimum standard of .4% to .36% through and until July 31, 2013.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Alice Wiggins, Administrative Assistant, Legal, Florida Department of Citrus, P O Box 9010, Bartow, FL 33831 or awiggins@citrus.state.fl.us

PRINT PUBLISH DATE:

10/19/2012 Vol. 38/54

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://flrules.org/gateway/ruleno.asp?id=20ER12-1&PDate=10/19/2012&Section=4

REFERENCE MATERIALS:

No reference(s).

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