21227109, 20ER18-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 21227109

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER18-1

When Grapefruit for Processing into Juice and Juice Products Deemed Mature

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 crop in the 2018-2019 season will have a minimum ratio of total soluble solids to anhydrous citric acid below the eight to one, seven to one, and six and one-half to one as well as the minimum brix of 7 established in rule.  The effects on trees from Hurricane Irma in September 2017 has exacerbated this issue, causing the fruit to mature at a lower brix and solids to acid ratio than is normal at this time of year.  The inability to utilize this fruit would 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 December 5, 2018 the Florida Citrus Commission found that there exist unusual circumstances which could cause a substantial portion of the grapefruit crop to fail maturity requirements.  They voted unanimously to adopt Emergency Rule 20ER18-1, lowering the minimum ratio of total soluble solids to anhydrous citric acid and the minimum Brix requirement for grapefruit for processing for the period of December 6, 2018 through April 14, 2019, both dates inclusive.

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 20ER18-1 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 December 5, 2018 emergency meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER18-1 lowering the minimum ratio of total soluble solids to anhydrous citric acid and the minimum Brix requirement for grapefruit for processing for the period beginning December 6, 2018 through April 14, 2019, both dates inclusive.

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:

12/6/2018 Vol. 44/236

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=20ER18-1&PDate=12/6/2018&Section=4

REFERENCE MATERIALS:

No reference(s).

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