22055198, 5E-3.018 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 22055198

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

FEED

Overview

RULE:

5E-3.018

Enforcement and Penalties

PURPOSE:

The purpose and effect of this rulemaking is to adopt feed enforcement guidelines and penalty provisions in order to standardize enforcement responses to specific violations of Chapter 580, Florida Statutes (F.S.), and Chapter 5E-3, Florida Administrative Code (F.A.C.); to clarify the process by which consumer feed penalties are satisfied;  and to establish matrices to ensure the consistency of enforcement penalty determinations.

SUMMARY:

The proposed rule will delineate minor rule violations as defined in Section 120.695 F.S., and establish a notice of noncompliance as the initial enforcement response to minor violations. The proposal will also clarify the process by which feed registrants must reimburse consumers for feed determined deficient by certified laboratory analyses, and will update the associated forms FDACS-13255 Notice of Deficiency Payment and FDACS-13256 Receipt of Deficiency Payment.  Additionally, the proposed rule will enumerate standard enforcement responses for failure to comply with feed sampling/analysis and distribution reporting requirements as outlined in Rule 5E-3.003 and 5E-3.020, and establish enforcement matrices to ensure the consistency of monetary penalties issued in response to specific deficiencies involving sampling, reporting, or product safety.

RULEMAKING AUTHORITY:

570.07(23), 580.0236(2), 580.036(2) FS.

LAW:

120.695, 570.971, 580.051, 580.065, 580.091, 580.111, 580.121, 580.131, F.S.

PRINT PUBLISH DATE:

6/26/2019 Vol. 45/124

COMMENTS:

From 6/26/2019 To 7/17/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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