Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 16, April 22, 2011 issue of the Florida Administrative Weekly.

The following revisions are the Department’s final proposed amendments to Rule 5L-1.007, F.A.C.

5L-1.007 Container Identification, Terminal Sale Date; Prohibitions.

(1) through (2) No change from current rule text.

(3) The commercial harvester’s tags shall be white in color except as required in paragraph 5L-1.007(3)(i), F.A.C., and shall contain legible waterproof indelible information arranged in the specific order as follows:

(a) through (h) No change from current rule text.

(i) If shellstock exceeds the requirements in subsection 5L-1.008(5), (7), (8) or (9), F.A.C., the commercial oyster harvester tag shall be identified with the preprinted language “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY” in bold, 14 point font and the tag shall be green in color. Containers of oysters shall not be tagged with both a green tag and a white tag at any time.

(4) No change from current rule text.

(5) Bulk tagging, by a certified shellfish dealer, while washing, packing, during depuration, wet storing, staging and intrastate transport of shellfish is permissible up to final packaging only when the lot container (i.e., pallet), contains shellfish which are harvested on the same day, from the same harvest area, and have the same intended use (i.e., for halfshell consumption, for shucking, or for further processing), and is tagged as follows:

(a) through (f) No change from current rule text.

(g) If shellstock exceeds the requirements in subsection 5L-1.008(5), (6), (7), (8) or (9), F.A.C., the shellstock bulk tag shall be identified with the preprinted language “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY” in bold, 14 point font and the tag shall be green in color.

(6) The dealer’s tag shall contain legible, waterproof, indelible information arranged in the specific order as follows:

(a) through (g) No change from current rule text.

(h) If shellstock exceeds the requirements in subsection 5L-1.008(5), (6), (7), (8) or (9), F.A.C., the shellstock dealer tag shall be identified with the preprinted language “FOR SHUCKING ONLY BY A CERTIFIED DEALER” or “FOR POST HARVEST PROCESSING ONLY” in bold, 14 point font and the tag shall be green in color.

(i) through (j) No change from current rule text.

(7) through (12) No change from current rule text.

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 8-30-89, 5-6-93, 9-14-93, 8-21-94, Formerly 16R-7.010, Amended 9-1-95, 5-8-96, 2-6-97, 10-12-97, 2-12-98, 2-25-98, 7-1-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.010, Amended 6-19-00, 8-9-00, 10-14-01, 5-29-02, 8-17-04, 9-28-04, 7-28-08, 7-29-08, 4-26-10,_________.

The following revisions are the Department’s final proposed amendments to rule 5L-1.008.

5L-1.008 Shellfish Handling.

(1) through (4) No change from current rule text.

(5) Throughout the year, it is harvester’s responsibility that shellfish shall be harvested between sunrise and sunset as established by the U.S. Weather Service. During the months of November, December, January, February, and March, the harvester shall assure that clams ~~shellfish~~ shall be delivered to a certified shellfish dealer by 10:00 p.m. of the same day as harvest. During the months of April, May, and October, harvesters shall assure that clams shall be delivered to a certified shellfish dealer within twelve (12) hours of the time of harvest. During the months of December, January, February, and March, the harvester shall assure that oysters shall be delivered to a certified shellfish dealer by 10:00 p.m. of the same day as harvest. During the month of November, the commercial harvester shall assure that oysters are delivered to a certified shellfish dealer by 5:00 p.m. of the same day of harvest. During the month of April, the harvester shall assure that oysters shall be delivered to a certified shellfish dealer by 4:00 p.m. of the same day ~~within twelve (12) hours of the time~~ of harvest. During the months of May, June, and July, the harvesters shall assure that oysters shall be delivered to a certified shellfish dealer by 11:30 a.m. unless authorized in a certified dealer HACCP plan for the complete on-board cooling option detailed in subsection 5L-1.008(7), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the partial on-board cooling option detailed in subsection 5L-1.008(8), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the rapid cooling option detailed in subsection 5L-1.008(9), F.A.C. During the months of August, September, and October, the harvesters shall assure that oysters shall be delivered to a certified shellfish dealer by 12:00 p.m. unless authorized by the Department as detailed in subsection 5L-1.008(7), F.A.C., for complete on-board cooling or authorized in a certified shellfish dealer HACCP plan for the partial on-board cooling option detailed in subsection 5L-1.008(8), F.A.C., or authorized in a certified shellfish dealer HACCP plan for the rapid cooling option detailed in subsection 5L-1.008(9), F.A.C. During the months of June, July, August, and September, the harvester shall assure that clams shall be delivered to a certified shellfish dealer within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier. All shellfish shall be delivered directly to a certified shellfish dealer possessing a shellfish processing plant certification license.

(6) through (10) No change from current rule text.

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, Formerly 16R-7.011, Amended 7-3-95, 2-6-97, 3-18-99, 6-23-99, Formerly 62R-7.011, Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10,________.