20-3.002: Processed Product Report
PURPOSE AND EFFECT: Amendments clarifying the categories of citrus fruit dealers required to report and clarifying the information required to be reported.
SUMMARY: Clarifying the categories of citrus fruit dealers required to report and clarifying the information required to be reported.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 601.10(1), (8), 601.15(2), (4), (10), 601.69, 601.701 FS.
LAW IMPLEMENTED: 601.10(8), 601.15(4), 601.69 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 18, 2007, 10:30 a.m.
PLACE: Department of Citrus Building, 1115 East Memorial Boulevard, Lakeland, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice P. Wiggins, License and Regulation Specialist, Legal Department, Florida Department of Citrus, P. O. Box 148, Lakeland, Florida 33802-0148
THE FULL TEXT OF THE PROPOSED RULE IS:
MONTHLY REPORTS BY CITRUS FRUIT DEALERS
20-3.002 Processed Citrus Product Report.
The purpose of this rule is to outline information that is to be included on reports regarding processed citrus fruit and processed citrus products within the state of
(1) Except as otherwise provided in subsection (6), all All licensed citrus fruit dealers engaged in the processing and bulk storage, toll pack processing, or bulk storage of processed citrus products licensed to operate a processing plant shall provide to the Department of Citrus or its designated agent the following information:
(a) The quantity and variety of all raw citrus fruit received that was not produced in
(b) The quantity and type of processed citrus fruit product manufactured by the dealer from raw citrus fruit from production areas outside the state of
(c) The amount of raw citrus fruit processed, reported on both a box basis and on a pounds solids basis. These quantities shall be reported in a way to show the proportion of such juice that is manufactured into single strength or concentrated forms.
(d) The type and amount of finished juice and juice product for further manufacturing manufactured by the dealer during the reporting period.
(e) The amount of each type of processed citrus fruit juice product actually shipped and/or received during the preceding reporting week to and/or from a customer, or to and/or from another party.
(f) Summaries of the quantities and average purchase prices for raw fruit delivered to any the dealer engaged in the processing and bulk storage, or toll pack processing, of processed citrus products during the reporting period, reported by type and pricing category (e.g., final priced, intermediate priced, non-priced) variety on a “spot” price and contract price basis.
(g) The amount and type of processed citrus fruit juice product physically held or stored by the licensed citrus fruit dealer at the end of the weekly reporting period.
(2) All information shall be reported by noon Thursday of each week except on designated holidays when said information shall be provided by the close of business on the first subsequent work day of the Department of Citrus. Information shall be submitted on forms provided by the Department of Citrus and incorporated by reference into Rule 20-100.004, F.A.C., and shall be delivered by electronic transfer to the location designated on the aforementioned forms. The burden of proof of delivery of the requisite information rests with the licensed citrus fruit dealer.
(a) The Department will review and compile submitted information weekly and publish the Processor’s Statistical Report electronically.
(b) Four times during the citrus season, on or about January, March, May, July, the Department shall compile and publish any Fruit Pricing Report for which statistics collection has occurred under this Rule.
(3) In addition to the weekly reports, and except as otherwise provided in subsection (6), licensed citrus fruit dealers engaged in the processing and bulk storage, toll pack processing, or bulk storage of processed citrus products licensed to operate a processing plant shall file, twice a year, an inventory verification report with one such report being filed in April and at mid-season the other report being filed in October a CPA’s report to be filed within sixty days of close of dealer’s fiscal year. Inventory verification reports shall be submitted on forms provided by the Department of Citrus and incorporated by reference into Rule 20-100.004, F.A.C., and shall be delivered by mail to the location designated on the aforementioned forms.
(4) In addition to the weekly reports, licensed citrus fruit dealers engaged in the processing and bulk storage of processed citrus products, or delivery of fruit for toll pack processing, shall file a fruit pricing verification report. Such report shall be filed in September. Fruit pricing verification reports shall be submitted on forms provided by the Department of Citrus and incorporated by reference into Rule 20-100.004, F.A.C., and shall be delivered by mail to the location designated on the aforementioned forms.
(5)(4) The following licensed citrus fruit dealers are exempt from the reporting requirements of this section:
(a) All gift fruit shippers.
(b) Retail processors and dairies.
(c) Processors engaged exclusively in the production of fresh squeezed unpasteurized juice.
(6) For the purposes of this section, terms shall have the meanings prescribed by Section 601.03, F.S., and the term:
(a) “Bulk storage” is defined as storage, or storage capacities, of total quantities of processed citrus juice products in excess of fifty thousand (50,000) gallons stored in drums, bins, totes, or tankfarms.
(b) “Dairies” means milk plant operators, as that term is defined in Section 502.012, F.S.
(c) “Retail processors” means processors who exclusively engage in direct sales of packaged citrus juice to ultimate consumers under the processor’s own name, and do not place packaged citrus juice into the stream of commerce in wholesale form.
(d) “Toll pack processing”’ is the act of processing fruit by a processing facility where ownership or title of such fruit never passes to the processor. The ownership of such fruit rests at all times during processing and packaging with the licensed citrus fruit dealer who has made delivery of fruit.
(7)(5) Individual plant information reported pursuant to this rule shall be held confidential and shall constitute trade secrets as defined in Section 812.081, F.S., and are exempt from the provisions of Section 119.07(1), F.S.
(8) Reports as required under this rule are subject to the inspection of records provision of Section 601.70, F.S.
Specific Authority 601.10(1), (8), 601.15(2),(4),(10), 601.69, 601.701 FS. Law Implemented 601.10(8), 601.15(4), 601.69 FS. History–New 6-19-00, Amended_________.