10848303, 20ER11-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10848303

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER11-2

20-13.0011 Oranges: 2011-2012 Anhydrous Acid Maturity Standards

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Section 120.54(4)(b), Florida Statutes, states that those rules pertaining to perishable agricultural commodities shall be included in the definition of rules relating to the public health, safety, or welfare. 
Due to early maturity and adverse climactic conditions during September and October significant amounts of the Florida orange crop in the 2011-2012 season will have an acid content below the 0.4 minimum established in Section 601.19, Florida Statutes. Strict enforcement of the anhydrous acid content requirements, which were adopted largely to control abuse of plant growth regulators which are no longer in use, could cause economic waste by allowing good and safe food to be ruled immature.
After taking testimony and discussing the matter at a public meeting and hearing in Bartow, Florida on December 21, 2011, the Florida Citrus Commission found that there exist unusual growing conditions which could cause a substantial portion of the orange crop to fail minimum acid requirements. They voted unanimously to adopt Emergency Rule 20ER11-2, adjusting the percentage of anhydrous citric acid requirement for oranges for fresh and processed use from .40 to .36, from December 22, 2011 up to and including March 21, 2012.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Adequate notice procedures were used by the Department of Citrus to inform the public and the Florida citrus industry of the pending adoption of Emergency Rule 20ER11-2 adjusting the percentage of anhydrous citric acid requirements for oranges, in that notice was made via email of the meeting notice on December 13, 2011 to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency Rule 20ER11-2 adjusts the percentage of anhydrous citric acid requirement for oranges from .40 to .36 from December 22, 2011 up to and including March 21, 2012.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Alice P. Wiggins, License & Regulation Specialist, Legal Department, Florida Department of Citrus, P. O. Box 9010, Bartow, Florida 33831-9010 or awiggins@citrus.state.fl.us

PRINT PUBLISH DATE:

1/6/2012 Vol. 38/01

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=20ER11-2&PDate=1/6/2012&Section=4

REFERENCE MATERIALS:

No reference(s).

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