Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety
RULE NO: RULE TITLE
5K-6.010: Grading Services for Shell Eggs
PURPOSE AND EFFECT: The rule amendment changes the fee and cost schedule for shell egg grading services provided by Department graders.
SUBJECT AREA TO BE ADDRESSED: The Florida Department of Agriculture and Consumer Services provides egg grading services to food establishments that process shell eggs. The Department charges the shell egg processor an hourly fee to recover the costs of this service. This rule amendment increases the hourly fees charged to a processor.
SPECIFIC AUTHORITY: 570.07(23), 583.04 FS.
LAW IMPLEMENTED: 583.051, 583.052 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dr. John Fruin, Chief, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: (850)245.5520

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5K-5.014 Grading Services for Shell Eggs.

(1) through (2) No change.

(3) Under that agreement and to offset the cost of providing the services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Resident location                     $30.30 27.50

2. Overtime                                    $34.30 31.00

3. Non-resident location             $37.30 34.00

4. Non-specified days                 $37.30 34.00

5. In addition to the charge for the grader’s time per hour, an additional charge of $1.40 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 1:00 p.m.

(b) Travel time and costs:

1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-specified days at a resident location shall be charged at the same rate as grading services provided.

2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-specified days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, Florida Statutes.

(4) through (5) No change.

Specific Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-7.014, Amended 9-30-96, 9-5-01,_______.