6368358, 20ER08-7 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6368358

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER08-7

Approved Boxes (20-39.003)

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

Japanese importers have communicated to the Florida citrus industry that grapefruit shipments in boxes containing fiberboard honeycomb cells will no longer be accepted in Japan.
The discontinuation of shipments to Japan during the time periods required for regular rulemaking would adversely affect the public welfare and would pose an immediate danger to the public welfare, including, but not limited to, Florida’s citrus shippers.
Additionally, this emergency rule directly pertains to “perishable agricultural commodities” as expressly contemplated by Section 120.54(4)(b), F.S.
Therefore emergency rulemaking is justified, especially in light of the concurrent initialization of rulemaking with an identical rule.

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 20ER08-7 in that notice was made via mail on October 13, 2008 of the meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons. The Florida Citrus Commission was requested to pursue emergency rulemaking by interested persons and parties who would be affected by the regular rulemaking in order to more quickly eliminate the need for production of new cartons with an experimental container number as required in Rule 20-39.012, F.A.C.

SUMMARY:

Emergency Rule 20ER08-7 deletes the provision requiring fiberboard honeycomb cells from approved cartons DOC-29P and DOC-31P.

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 148, Lakeland, Florida 33802-0148 or awiggins@citrus.state.fl.us

PRINT PUBLISH DATE:

11/7/2008 Vol. 34/45

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=20ER08-7&PDate=11/7/2008&Section=4

REFERENCE MATERIALS:

No reference(s).

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