5K-5.014: Grading Services for Poultry
PURPOSE AND EFFECT: The rule amendment changes and clarifies the fee and cost schedule for poultry grading services provided by Department graders and increases the hourly fees charged to a poultry processor.
SUMMARY: The Florida Department of Agriculture and Consumer Services (DACS) provide voluntary grading services to food establishments that process poultry in accordance with US Department of Agriculture standards. The Department charges the poultry processor an hourly fee to recover the costs of this service. This rule amendment provides an incremental increase to the hourly fees charged to a processor to cover the costs incurred by DACS. Additionally, language is modified to clarify the current terminology used to distinguish between regular hours, overtime hours, holiday hours, regular shift differential and overtime shift differential.
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: 570.07(23), 583.04 FS.
LAW IMPLEMENTED: 583.051, 583.052 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:
DATE AND TIME: April 23, 2010, 11:00 a.m. – 1:00 p.m.
PLACE: Eyster Auditorium, Conner Building, 3125 Conner Blvd., Tallahassee, FL 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 72 hours before the workshop/meeting by contacting: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop #C-18, Tallahassee, FL 32399-1650; Telephone: (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: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop #C-18, Tallahassee, FL 32399-1650; telephone: (850)245-5595
THE FULL TEXT OF THE PROPOSED RULE IS:
5K-5.014 Grading Services for Poultry.
(1) Definitions. As used in this rule, the following definitions shall apply:
(a) Non-scheduled days Days not previously scheduled or non-specified days means days not scheduled in the application for service.
(b) Department means the Florida Department of Agriculture and Consumer Services.
(c) Non-resident location means a production site to which no full-time grader has been assigned, but the site has been previously approved for grading in accordance with an application for service.
(d) Full-time resident location means a production site to which a full-time grader has been assigned in accordance with an application for service requesting 40 or more hours of grading services per week.
(e) Part-time resident location means a production site where a part-time grader has been assigned to the site in accordance with an application for service requesting less than 40 hours of grading services per week.
(f) Regular shift differential means additional compensation of $2.00 per hour added to a grader’s regular hourly wage on a shift beginning after 3:00 p.m.
(g) Overtime shift differential means additional compensation of $2.00 per hour added to a grader’s overtime hourly wage on a shift beginning after 3:00 p.m.
(2) Pursuant to its authority under Section 583.052, Florida Statutes, to cooperate with and enter into agreements with various state and federal agencies, the department has entered a Cooperative Agreement with the United States Department of Agriculture for the providing of a voluntary cooperative poultry grading service.
(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. Regular Hours Resident location $39.50 30.30
2. Overtime Hours $43.50 34.30
3. Holiday Hours Non resident location $59.25 37.30
4. Regular Shift Differential Non specified days $41.50 37.30
5. Overtime Shift Differential $45.50
6.5. In addition to the charge for the grader’s time per hour, an additional charge of $2.00 1.40 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 3:00 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-scheduled 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-scheduled specified days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, Florida Statutes.
(4) Moneys due to the department for grading services provided to a producer who orders said services must be received within 30 days of the date of invoice.
(5) USDA volume charge on a per pound of poultry basis will be identified separately on each billing statement.
(6) For purposes of this rule, holiday hours means those hours of work performed during days identified by the State of Florida as official holiday days for state personnel.
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking 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, 7-1-06, 7-1-10.