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. 33 No. 50, December 14, 2007 issue of the Florida Administrative Weekly.

The changes are in response to comments made at a public rule hearing held on January 7, 2008, written comments received from the public and department staff, and written comments received from the Joint Administrative Procedures Committee. Changes to Rule 5G-6.007, F.A.C., encompass an addition to the Specific Authority and Law Implemented cites relative to the Department’s authority to set by rule a fee for the application for a food permit that may not exceed $500. Section 500.12(1)(b), F.S., was added for clarification as follows:

5G-6.007 Annual Food Permit Requirements of Tomato Packers and Repackers.

Specific Authority 500.09(3), 500.12(1)(b)(f), 570.07 (6), 570.07(23) FS. Law Implemented 500.03(1)(n), 500.12(1)(a)(b), 570.48(2)(e), 570.481(1)(a), (b) FS. History–New________.

A change to Rule 5G-6.009 encompasses an addition to the Law Implemented notes relative to the Department’s authority to register pesticide products pursuant to the provisions of 487.041, Florida Statutes, as follows:

5G-6.009 Tomato Best Practices Manual.

Specific Authority 500.09(1)(b), (4), 500.12(1)(f), 570.07(6) ,570.07(23) FS. Law Implemented 487.041, 500.09(1)(b), (4), 500.12(1)(f) FS. History–New________.

Section 5G-6.009 of the proposed rule adopts the Tomato Best Practices Manual (November 2007) by reference. Changes to this document are as follows:

Part A, Page 5, (1)(c)1.a.: The Code of Federal Regulation (CFR) reference was incorrectly cited as “….CFR Part 131.41(c)”. The document has been corrected to cite “….40 CFR Part 131.41(c)”.

Part A, Page 6, (1)(c)1.e.: The CFR reference was incorrectly cited as “….prescribed in the U.S. Public Health Service Drinking Water Standards, published in 42 CFR Part 72”. The document has been corrected to cite “….40 CFR Part 131.41(c)” only.

Part A, Page 6, (1)(d)1.a.: The document language will be modified for clarification as follows: Sanitation facilities shall be provided for all field workers during planting, harvest or other field activities in accordance with OSHA (29 CFR 1928.110), FDA Title 21 CFR 110. See also Florida Department of Health, Rule 64E-14.016, F.A.C., requirements for field sanitary facilities.

Part A, Page 8, (1)(j)1: The document language will be changed to remove the word “pathogens” and insert the word “organisms” for greater accuracy and clarity.

Part A, Page 8, (1)(k)3.: The document language will be modified as follows: Other records-Requirements for records relating to other state or federal laws may also apply. This change will make language consistent with Part B, Page 13, (2)(o)3., which does not impose a requirement but informs and cautions that there may be other state of federal laws that may apply.

Part B, Page 9, (2)(b)3.: The document will be modified to delete “(Appendix A)” which is an editorial error in the language.

Part B, Page 10-11, (2)(g)3.: The words “….pursuant to Florida Statutes, Section 487.041 and Rule 5E-2.031, F.A.C.” will be inserted in subsections a, b, c and e, following the words “….registered by the Department”.

Part B, Page 11, (2)(g)3.d.: The document language will be changed to remove the word “pathogens” and insert the word “organisms” for greater accuracy and clarity.

Part B, Page 11, (2)(g)3.e.: The document language will be changed to remove the word “pathogens” and insert the word “organisms” for greater accuracy and clarity.

Part B, Page 12, (2)(m)1.: For increased accuracy and clarity, the document language will be modified as follows:

Only those chemicals allowed by the U.S. Food and Drug Administration (FDA), as specified in the FDA Food Code and adopted by reference in Department Rule 5K-4.002, F.A.C., shall be used for food contact waxing materials or food additives. Authorized nonfood chemicals registered for use can be found at: http://www.nsf.org/business/nonfood_compounds.

An electronic copy of the Tomato Best Practices Manual (November 2007), with all modifications completed as identified above, may be obtained by contacting Lee M. Cornman, Assistant Director, Division of Food Safety, with a request via telephone at (850)488-0295 or via electronic mail at: foodinsp@doacs.state.fl.us.

THE REMAINDER OF THE RULE WILL READ AS PUBLISHED.