5K-4.010: Fish and Fishery Products
PURPOSE AND EFFECT: The Department of Agriculture and Consumer Services (DACS) has regulatory oversight of fish and fishery products that are received, stored, processed, marketed or sold in firms regulated by this agency. Under Section 500.02, F.S., the Department is charged with promoting state laws that are uniform with and conform to applicable federal laws to the extent practicable. As such, the Department has historically adopted the relevant portions of the Federal Food, Drug and Cosmetic Act, applicable portions of the Code of Federal Regulations (CFR), and the corresponding federal guidance documents where applicable. DACS has determined that the language in Rule 5K-4.010, F.A.C., is redundant to the CFR language adopted by reference in paragraph 5K-4.002(1)(d), F.A.C., (specifically CFR Title 21 Part 123) and language provided in the Food Code (CFR Title 21 guidance) as published by the U.S. Public Health Service and adopted by reference in subsection 5K-4.002(4), F.A.C. Therefore, to assure uniformity and conformity, DACS is seeking to repeal this redundant state language in administrative code.
SUMMARY: The Florida Department of Agriculture and Consumer Services is seeking to repeal redundant state language in administrative code since relevant federal language exists and has already been adopted by reference within the administrative code. This repeal will have no regulatory or administrative change or effect to currently regulated firms that receive, store, process, market or sell fish or fishery products.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: If adopted, the proposed rule is not expected to require legislative rule ratification under Section 120.541(3), Florida Statutes (or any other statute) before becoming effective for the following reasons: 1) none of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC) were triggered and 2) the adverse impact or regulatory cost, if any, of repealing these rules does not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 500.09, 500.12(1)(d), 570.07(23) FS.
LAW IMPLEMENTED: 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.13 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 28, 2011, 2:00 p.m. – 4:00 p.m.
PLACE: Eyster Auditorium, Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Dan Hixson, Government Analyst II, Florida Department of Agriculture and Consumer Services, Division of Food Safety, 3125 Conner Boulevard, MS #C-18, Tallahassee, Florida 32399-1650, phone number: (850)245-5595. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dan Hixson, Government Analyst II, Florida Department of Agriculture and Consumer Services, Division of Food Safety, 3125 Conner Boulevard, MS #C-18, Tallahassee, Florida 32399-1650, phone number: (850)245-5595
THE FULL TEXT OF THE PROPOSED RULE IS:
5K-4.010 Fish and Fishery Products.
Rulemaking Authority 500.09, 500.12(1)(d), 570.07(23) FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.13 FS. History–New 9-8-68, Revised 3-1-72, Repromulgated 12-31-74, Formerly 5E-6.10, Amended 6-9-93, 9-12-94, Formerly 5E-6.010, Amended 8-8-95, 9-9-99, Repealed________.