22332812, 5KER19-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 22332812

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Overview

RULE:

5KER19-1

Cleaning and Sanitizing of Containers and Equipment

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

As a result of the effects on the supply and processing of Grade “A” milk caused by Hurricane Dorian, extreme and unusual circumstances exist that are expected to hinder the marketability and availability of Grade "A" milk post Hurricane Dorian to consumers throughout the State. Additionally, circumstances have arisen regarding the availability of trucks and trailers and have created an issue removing milk from dairy farms across the State and with the storage of raw milk in anticipation of normal demand post Hurricane Dorian. Following the adoption of this emergency rule, waiving certain cleaning frequency requirements for milk tankers and equipment statewide will allow for adequate and rapid distribution and processing of Grade “A” milk, helping increase production of Grade “A” milk to consumers and assisting the dairy industry through the hardship created by this storm. It is anticipated that stores will have a very limited supply of Grade “A” products post Hurricane Dorian and dairy farms will be forced to dump milk if the processing of these products cannot be expedited by this emergency rule. The exclusion shall be for Section 12p as specified in the Pasteurized Milk Ordinance adopted in Rule 5K-10.001.
The Grade “A” milk plants have taken in milk with the intent to process after the storm has passed, due to the severity of this storm, the shutdown time may be extended leaving them with milk that is exceeding the 72-hour holding time requirement in the Pasteurized Milk Ordinance for cleaning storage silos.  This milk would have to be disposed of to create room for new milk produced under current regulations. Additionally, it is still uncertain if milk will be able to make it to the plants after the storm in time to meet the demand that will soon follow. Allowing them to process on hand inventory will create an immediate supply ready to be distributed as needed and create tank space to receive more milk from the farms. No dairy farm will be able to stop milking lactating cows due to the storm.  Lactating dairy cows have to be milked or will suffer serious health implications, such as mastitis, that will cause them to be removed from the milking herd. This will create massive issues with herd health and milk supply in the future, well beyond the affects from Hurricane Dorian. Extending the wash times on tankers will decrease the turn-around time at plants so hauling companies can immediately return to pick more milk up from the farm and get it to where it is needed.  This emergency rule will also open receiving bays which can act as wash bays, to unload more milk for processing. Additionally, the flexibility provided by relief to these regulations will allow Grade “A” plants to process and bottle potable water to aid in disaster relief post Hurricane Dorian.

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

This emergency rule was initiated at the request of milk plants to more adequately meet the anticipated needs of Florida consumers as a result of anticipated milk demand created by Hurricane Dorian and the loss of production caused by the shutdown of plants in the State. The storm has disrupted the production and processing of milk in this state.  This emergency rule will help alleviate distribution difficulties and shortages of milk anticipated from this event to provide relief to Florida.

SUMMARY:

This emergency rule allows for the increased storage time of raw milk at Grade “A” plants by extending the time required between cleanings so long as specific requirements are met. Under Section 12p in the Pasteurized Milk Ordinance, it states that storage tanks shall be cleaned once a day or not to exceed seventy-two (72) hours. This increases that time to ninety-six (96) to allow processing of Grade “A” milk directly after the storm passes. Additionally, Appendix B, VI. Milk Tank Truck Permitting and Inspection states that under continuous use, milk tank trucks can pick up multiple loads within a 24-hour period, provided the milk tank truck is washed after each day’s use. The provisions of this emergency rule would allow an additional 6 hours to account for logistical issues with transport; shortage of water for washes; and fuel availability issues. This should reduce or eliminate the need to dump milk for tankers that struggle to meet that these requirements. Both of these are changes to the adopted requirements of the Pasteurized Milk Ordinance (PMO), 2005 Revision adopted in Rule 5K-10.001, F.A.C. would be in effect for the period beginning August 30, 2019, through September 6, 2019.  The specific standards affected are below.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Zachary Conlin, Chief, Bureau of Dairy Industry, 3125 Conner Blvd., MS C-18, Tallahassee, FL 32399, (850) 661-3661.

PRINT PUBLISH DATE:

9/4/2019 Vol. 45/172

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=5KER19-1&PDate=9/4/2019&Section=4

REFERENCE MATERIALS:

No reference(s).

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