16261485, 20ER15-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 16261485

Notice of Emergency Rule

Department:

DEPARTMENT OF CITRUS

Overview

RULE:

20ER15-1

When Grapefruit for Processing into Juice and Juice Products Deemed Mature

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. The current rule (20-82.001(9)(b)) requires a minimum solids to acid ratio of not less than seven and one-half, impeding the movement of grapefruit juice beverage base within the channel of trade, causing 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 July 22, 2015, the Florida Citrus Commission found that there were sufficient economic reasons to approve the emergency rule in that the industry, already in financial crisis due to 'Greening' disease, should not be forced to waste product that could be utilized. The Commission took only that action necessary to protect the public interest under the emergency procedure by voting unanimously to adopt Emergency Rule 20ER15-1, adjusting the minimum acid ratio requirement for grapefruit juice products for the period August 1 through January 31, to not less than seven, allowing grapefruit for processing to be moved/sold.

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 20ER15-1 adjusting the minimum acid ratio requirements for grapefruit juice products during the period August 1 through January 31, in that notice was made via email of the emergency rulemaking to take place at the July 22, 2015 meeting on July 13, 2015 to members of the Florida Citrus Commission, all industry organizations, the Florida Press Corps and other interested persons.

SUMMARY:

Emergency rule 20ER15-1 adjusts the minimum acid ratio requirements for grapefruit juice products during the period August 1 through January 31 to not less than seven from July 27, 2015 up to and including October 24, 2015.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

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

PRINT PUBLISH DATE:

7/23/2015 Vol. 41/142

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=20ER15-1&PDate=7/23/2015&Section=4

REFERENCE MATERIALS:

No reference(s).

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