26538441, 5L-1.001 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 26538441

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Aquaculture

Chapter:

THE COMPREHENSIVE SHELLFISH CONTROL CODE

Overview

RULE:

5L-1.001	General Requirements and Intent
5L-1.002	Definitions
5L-1.003	Shellfish Harvesting Area Standards
5L-1.006	Compliance and Penalties
5L-1.007	Container Identification; Prohibitions
5L-1.008	Shellfish Handling

PURPOSE:

The proposed rule amendments will reclassify some shellfish harvesting areas to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The proposed rule amendment will also clarify requirements related to commercial shellfish activities. The rulemaking updates the National Shellfish Sanitation Program Model ordinance to the 2019 revision, defines the terms “Authorized User” and “Harvest,” adds language to allow offshore aquaculture leases to be classified as approved if a sanitary survey shows no impact to microbiological water quality, clarifies the rules for possession of shellfish in closed areas, revises the penalty structure for willful violations that endanger public health and safety, clarifies tagging requirements, and requires all commercial harvesters and Aquaculture Certificate of Registration holders to have a license available for inspection while conducting commercial shellfish activities.

SUMMARY:

The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. 
The Agency has determined that the proposed rule is not expected to require legislative ratification based on 
the economic analysis of adverse impacts and potential regulatory costs of the proposed rule not exceeding any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department reviewed the proposed expansion of the Shellfish Processor rule and penalty structure for willful violations which pose significant risk to public health, and the modification of Shellfish Harvesting Area boundaries required to remain in compliance with U.S. Food and Drug Administration rules. The Department found no adverse financial impacts to the industry. The proposed rule changes do not require additional fees. No interested party submitted additional information regarding the economic impact. The proposed rule changes do not require additional fees. No interested party submitted additional information regarding the economic impact. 
Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:

397.2522, 500.09, 597.020 F.S.

LAW:

397.2522, 500.09, 597.020 F.S.

PRINT PUBLISH DATE:

11/14/2022 Vol. 48/221

COMMENTS:

From 11/14/2022 To 12/5/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.