19405643, 20ER17-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 19405643

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER17-2

Grapefruit and Orange 2017-2018 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 and orange crops in the 2017-2018 season will have a minimum ratio of total soluble solids to anhydrous citrus acid below the eight to one minimum established in rule.  In addition, strong winds and rain caused by Hurricane Irma 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 September 14th, 2017 the Florida Citrus Commission found that there exist unusual weather conditions which could cause a substantial portion of the grapefruit and orange crop to fail maturity requirements.  They voted unanimously to adopt Emergency Rule 20ER17-2, lowering the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing for the 2017-18 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 20ER17-2 adjusting the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit and orange for processing, in that notice was made via email of the emergency rulemaking to take place at the September 14th, 2017 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER17-2 lowering the minimum ratio of total soluble solids to anhydrous citric acid requirement for grapefruit for processing for the 90-day period beginning September 14th, 2017 and ending December 13th, 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:

9/15/2017 Vol. 43/179

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=20ER17-2&PDate=9/15/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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