19558030, 20ER17-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 19558030

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER17-3

Navels - Maturity Standards

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

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 adverse growing conditions over the last 10 years due to Huanglongbing (“HLB” or “Greening”) disease and the effects of Hurricane Irma, significant amounts of the Florida Navel crops in the 2017-2018 season will have a brix level below the 9.0 and 8.7 minimum established in rule.  In addition, Florida has a large volume of young tree Navels; fruit is sizing quickly, particularly with less fruit on the trees and Navels will soon be going out of grade and granulating.  Failure to lower the minimum brix established by rule could cause economic waste by allowing good and safe food to be ruled immature.	
After taking testimony and discussing the matter at a meeting and hearing in Bartow, Florida on October 17, 2017, the Florida Citrus Commission found that there exist unusual weather conditions which could cause a substantial portion of the fresh Navel crop to fail maturity requirements.  They voted unanimously to adopt Emergency Rule 20ER17-3, lowering the total soluble solids of the juice of the sample requirement for fresh Navels for the 2017-18 season.

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 20ER17-3 lowering the total soluble solids of the juice of the sample requirement for fresh Navels, in that notice was made via email of the emergency rulemaking to take place at the October 17, 2017 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER17-3 lowering the total soluble solids of the juice of the sample requirement for fresh Navels for the period beginning October 18, 2017 and ending July 1, 2018.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Alice P. Wiggins, Legal Assistant, Florida Department of Citrus, P O Box 9010, Bartow, Florida 33831-9010 or AWiggins@citrus.myflorida.com

PRINT PUBLISH DATE:

10/18/2017 Vol. 43/202

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=20ER17-3&PDate=10/18/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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