29007091, 20ER24-3 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 29007091

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER24-3

Oranges 2024-2025 Maturity Standards - Processed

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 the effect of Hurricane Milton, a significant amount of the Florida orange crops in the 2024-2025 season will have a minimum brix and minimum ratio of solids to citric acid below the minimum established in rule during the 2022-2023 season. The current rule will harm growers financially due to the inability to sell the fruit that does not meet the current minimum ratio of solids to citric acid or brix value. 
After discussing the matter at the TEAMS meeting and hearing in Bartow, Florida on November 21st, 2024, the Florida Citrus Commission found that there exist unusual weather conditions which caused a substantial portion of the oranges and grapefruit crops to fail maturity requirements. The FCC voted unanimously to adopt Emergency Rule 20ER24-3, lowering the minimum brix requirements and the minimum ratio of total soluble solids to anhydrous citric acid requirement for all oranges for processing for the 2024-25 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 20ER24-3 adjusting the brix and minimum ratio of total soluble solids to anhydrous citric acid requirement for oranges for processing, in that notice was made via email of the emergency rulemaking to take place at the November 21st, 2024 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER24-3 lowering the Brix and the minimum ratio of total soluble solids to anhydrous citric acid requirement for oranges for processing for the period beginning November 21st, 2024, and ending May 23, 2025.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Belinette Jones, Legal Assistant, Florida Department of Citrus, P.O. Box 9010, Bartow, Florida 33831-9010 or BJones@citrus.myflorida.com

PRINT PUBLISH DATE:

11/25/2024 Vol. 50/230

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=20ER24-3&PDate=11/25/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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