25538759, 20ER22-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25538759

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER22-1

Orange Maturity Standards - Fresh and 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.
Section 601.111, Florida Statutes explicitly states that an emergency may be created by freezes that affect a substantial part of the citrus industry. An emergency rule adopted under that subsection must contain an expiration date of no longer than one year after its effective date. 
Due to the recent sub-freezing temperatures throughout the state of Florida, a significant amount of the Florida orange crop will have a minimum ratio of solids to citric acid below the nine to one (9.0:1) minimum established in rule during the 2021-2022 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. 
After discussing the matter at a telephonic meeting and hearing in Bartow, Florida on February 3, 2022, the Florida Citrus Commission found that there exists unusual weather conditions which caused a substantial portion of the orange crop to fail maturity requirements. The FCC voted unanimously to adopt Emergency Rule 20ER22-1, lowering the minimum ratio of total soluble solids to anhydrous citric acid and the minimum Brix requirements for oranges for the period of February 3, 2022, through March 20, 2022.

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 20ER22-1 adjusting the minimum ratio of total soluble solids to anhydrous citric acid and the minimum Brix requirements for oranges, in that notice was made via email on February 2, 2022 of the emergency rulemaking to take place at the February 3, 2022 meeting to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER22-1 lowers the minimum ratio of total soluble solids to anhydrous citric acid and the minimum Brix requirements for oranges for the period beginning February 3, 2022, through March 20, 2022, assuring good and safe citrus products go to market and the industry is not harmed financially.

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:

2/7/2022 Vol. 48/25

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=20ER22-1&PDate=2/7/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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