18282674, 5L-1.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18282674

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Aquaculture

Chapter:

THE COMPREHENSIVE SHELLFISH CONTROL CODE

Overview

RULE:

5L-1.001	General Requirements and Intent
5L-1.002	Definitions
5L-1.003	Shellfish Harvesting Area Standards
5L-1.004	Production and Market Standards
5L-1.005	Shellfish Processing Certification
5L-1.006	Compliance and Penalties
5L-1.007	Container Identification; Prohibitions
5L-1.008	Shellfish Handling
5L-1.009	Shellfish Relaying
5L-1.010	Buildings and Facilities
5L-1.011	Equipment for Shellfish Processing
5L-1.012	Sanitary Operations
5L-1.013	Facility Operation
5L-1.014	Heat Shock Method
5L-1.015	Depuration and Wet Storage Facility Operations
5L-1.016	Depuration Shellfish Sampling Procedures
5L-1.017	Water Treatment Standards
5L-1.018	Depuration - Ultraviolet (UV) Unit (Repealed)
5L-1.019	Laboratory Procedures and Sample Testing

PURPOSE:

The proposed rule amendments will incorporate and adopt the revised National Shellfish Sanitation Program (NSSP) Model Ordinance; remove unnecessary license requirements; remove redundant reapplication requirements; remove  confusing language regarding draining of shellfish treatment tanks; introduce and describe different styles of wet storage systems for shellfish;  and clarify definitions and language associated with the penalty/fine matrix, relaying procedures, and harvester responsibilities.  

Additionally, the proposed rule amendments will reclassify shellfish harvesting areas and update associated maps to ensure Florida remains in compliance with NSSP standards and Rule 5L-1.003, F.A.C., to protect the health of shellfish consumers and to provide access to renewable shellfish resources.  The purpose of these amendments is to maximize the amount of shellfish harvesting waters available and to maximize the times those waters will be in the open status while continuing to protect the public health.

SUMMARY:

The proposed amendments apply to commercial oyster harvesting and processing in Florida in order to protect the health of shellfish consumers.  Specifically, the proposed amendments update forms, addresses and telephone numbers, implement licensing and application requirements, clearly explain harvester and processor responsibilities, separate wet storage and depuration requirements, implement relay procedures for aquacultured shellfish during red tide blooms, clarify corrective actions for failing oyster time and temperature requirements, define deficiencies and repeat deficiencies and the associated fines.

Shellfish harvesting areas and management plans will also be amended, specifically the reclassification of the Choctawhatchee Bay (#06) , Wakulla (#22), Cedar Key (#30) and Waccasassa Bay (#32) shellfish harvesting areas, removal of  the St. Marks (#23) shellfish harvesting area,  and  updating the Pine Island (#62) management plan.   Seven workshops were held for interested parties across the state of Florida, in the principal areas of oyster industry activity.

RULEMAKING AUTHORITY:

500.09, 500.121(1), 500.172, 597.020 F.S.

LAW:

500.10, 500.121(1), 500.172, 597.010(15), 597.010(19), 597.020 F.S

PRINT PUBLISH DATE:

11/21/2016 Vol. 42/226

COMMENTS:

From 11/21/2016 To 12/12/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01492 Shellfish Harvest Area Classification Boundaries & Management Plans
Ref-01493 Shellfish Harvesting Area Classification Maps
Ref-07007 Shellfish Harvesting Area Classification Maps

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