reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-1 - FRUIT AND VEGETABLE INSPECTION › Section 5G-1.004 - Unlawful Transportation and Sale of Uninspected Fresh Citrus Fruit

Current through Reg. 50, No. 138; July 16, 2024
(1) Arrest, appearance bond and prosecution.
				Any person who transports outside the boundaries of the production area as
				defined in federal marketing order 905 any fresh citrus fruit subject to any
				regulations issued by the secretary of the United States Department of
				Agriculture under the authority and provisions of the Agricultural Marketing
				Agreement Act of 1939, as amended, which is not accompanied by a certificate of
				inspection and maturity, certifying that said citrus fruit meets the
				requirements of the regulations issued by the secretary of the United States
				Department of Agriculture then in effect, and signed by a duly authorized
				inspector of the Department of Agriculture and Consumer Services or a permit
				issued by the Department of Citrus pursuant to the provisions of Section
				601.50, F.S., and Department or
				Citrus Regulation 105-1.11, is subject to the legal processes of arrest,
				posting of appearance bond, and prosecution under the provisions of Section
				601.46, F.S.
(2) Exemption for personal use. As an
				exemption to prosecution, each person may transport outside the boundaries of
				the production area for his personal use an amount of uninspected or
				unpermitted fresh citrus fruit as established by regulations of the secretary
				of the United States Department of Agriculture.
(3) Disposition of uninspected or unpermitted
				fruit. Uninspected or unpermitted fresh citrus fruit that is transported
				without certificate of inspection and maturity or permit may be disposed of
				under the supervision of an inspector of the Road Guard Bureau of the
				Department of Agriculture and Consumer Services upon the execution of a
				statement furnished by the Department of Agriculture and Consumer Services and
				witnessed by an inspector of the Road Guard Bureau, in the following manner:
(a) Returned by the owner or transporter at
				his expense to the point of origin or other approved fruit inspection station
				for inspection by an authorized fresh citrus fruit inspector of the Department
				of Agriculture and Consumer Services, or for the purpose of obtaining a refund
				of purchase price from the seller, in which case the owner or transporter will
				advise the supervisor of the Road Guard Bureau of his point of exit from the
				production area.
(b) Donated to a
				charitable or state institution or to a public or private school.
(c) By destruction within the production area
				upon approval of an inspector of the Road Guard Bureau of the Department of
				Agriculture and Consumer Services in a manner consistent with state pollution
				control laws.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-1 - FRUIT AND VEGETABLE INSPECTION › Section 5G-1.005 - Unlawful Transportation of Uninspected Tomatoes, Avocadoes or Limes

Current through Reg. 50, No. 138; July 16, 2024
(1) Arrest, appearance bond and prosecution.
				Any person who transports outside the boundaries of the production area any
				tomatoes, avocadoes or limes, when subject to any regulations issued by the
				secretary of the United States Department of Agriculture under the authority
				and provisions of the Agricultural Marketing Agreement Act of 1937, as amended,
				which are not accompanied by a certificate of inspection, certifying that the
				said tomatoes, avocadoes or limes meet the requirements of any regulations
				issued by the secretary of the United States Department of Agriculture then in
				effect, signed by a duly authorized inspector of the Department of Agriculture
				and Consumer Services, is subject to the legal processes of arrest, posting of
				appearance bond and prosecution under the provisions of Section
				603.151, F.S.
(2) Exemption for personal use. As an
				exemption to prosecution, each person may transport outside the boundaries of
				the regulated area for his personal use an amount of uninspected tomatoes,
				avocadoes or limes established by regulations of the secretary of the United
				States Department of Agriculture.
(3) Disposition of tomatoes, avocadoes or
				limes not accompanied by certificate of inspection. Tomatoes, avocadoes or
				limes that are being transported without being accompanied by a valid
				certificate of inspection when subject to regulations issued by the secretary
				of the United States Department of Agriculture may be disposed of by one of the
				following methods:
(a) Returned by the owner
				or transporter at his expense to the point of origin or other approved fruit
				inspection station for inspection by an authorized inspector of the Department
				of Agriculture and Consumer Services for certification of compliance with all
				regulations of the secretary of the United States Department of Agriculture
				then in effect. In such case, the owner or transporter, following inspection,
				will advise the supervisor of the Road Guard Bureau of the inspection station
				he will exit the regulated area.
(b) Donated to a charitable or state
				institution or to a public or private school.
(c) By destruction within the regulated area
				upon approval of an inspector of the Road Guard Bureau of the Department of
				Agriculture and Consumer Services in a manner consistent with state pollution
				control laws.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-2 - CITRUS FRUIT DEALERS' CERTIFICATE OF DEPOSIT › Section 5G-2.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule establishes procedures for utilizing interest
				  bearing certificates of deposit in lieu of surety bonds required by Section
				  606.61, F.S.
Rulemaking Authority 601.29(1) FS. Law Implemented Chapter
					 78-100, Laws of Florida, 601.61 FS.
New 11-23-78, Formerly
					 5G-2.01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-2 - CITRUS FRUIT DEALERS' CERTIFICATE OF DEPOSIT › Section 5G-2.002 - Definition

Current through Reg. 50, No. 138; July 16, 2024
A certificate of deposit is an interest bearing certificate
				  of deposit deposited by a citrus fruit dealer in a national or Florida
				  chartered bank or a savings and loan association which shall be assigned to the
				  Department of Agriculture and Consumer Services and shall be in lieu of a
				  surety bond as required in Section
				  601.61, F.S.
Rulemaking Authority 601.29(1) FS. Law Implemented 601.61
					 FS. Chapter 78-100, Laws of Florida.
New 11-23-78, Formerly
					 5G-2.02.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-2 - CITRUS FRUIT DEALERS' CERTIFICATE OF DEPOSIT › Section 5G-2.004 - Assignment of Certificate of Deposit

Current through Reg. 50, No. 138; July 16, 2024
The assignments of certificate of deposit to Adam H. Putnam,
				  Commissioner of Agriculture of the State of Florida and his successors in
				  office shall be in the form prescribed as follows:
ASSIGNMENT
The undersigned co-owner of Certificate No. _____, issued by
				  _____, a _____ chartered _____, whose address is _____, in the City of _____,
				  State of Florida, hereby assigns all of his right, title and interest in such
				  certificate of deposit to Adam H. Putnam, Commissioner of Agriculture of the
				  State of Florida, and his successors in office.
This assignment is made in compliance with Section
				  601.61, F.S., pursuant to the
				  application of the assignor hereof for a citrus fruit dealer's license for the
				  19 - citrus shipping season, as defined by Chapter 601, F.S.
This assignment shall be irrevocable and the assignee hereof
				  is hereby empowered to redeem such certificate of deposit to pay any valid
				  claim determined by the assignee hereof to be due against the assignor-licensed
				  citrus fruit dealer during the aforementioned citrus shipping season.
In the event that the assignor-licensed citrus fruit dealer
				  shall well and truly comply with the provisions of the Florida Citrus Code and
				  with the terms and conditions of all contracts, verbal or written, made by the
				  assignor with producers or with other citrus fruit dealers relative to the
				  purchase, handling, sale and accounting for payments of citrus fruit, and if
				  such dealer shall fully account for the proceeds of any citrus fruit contracted
				  for in accordance with the terms of contracts with producers and shall fully
				  account to other citrus fruit dealers for any advance payments or deposits
				  made, and shall deliver all citrus fruit contracted for in accordance with the
				  terms of contracts with such other citrus fruit dealers, then and in these
				  events the assignee shall assign all of assignee's right, title and interest to
				  assignor.
___________________
Co-Owner of above
certificate of deposit
No. ________________
S/S. or Id. No. ________________
WITNESSED BY:
_________________
_________________
Rulemaking Authority 601.29(1) FS. Law Implemented 601.61
					 FS., Chapter 78-100, Laws of Florida.
New 11-23-78, Formerly
					 5G-2.04.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter establishes uniform standards for grades of
				  Florida grown fresh tomatoes.
Rulemaking Authority Chapter 80-12, Laws of Florida, 570.56
					 FS. Law Implemented 570.56 FS., Chapter 80-12, Laws of
					 Florida.
New 8-17-80, Formerly
					 5G-3.01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.002 - Grades

Current through Reg. 50, No. 138; July 16, 2024
(1) "Florida No. 1" consists of tomatoes
				which meet the following requirements:
(a)
				Basic requirements:
1. Similar varietal
				characteristics;
2.
				Mature;
3. Not overripe or
				soft;
4. Clean;
5. Well developed;
6. Fairly well formed; and
7. Fairly smooth.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.003 - Size

Current through Reg. 50, No. 138; July 16, 2024
(1) The size of tomatoes packed in any type
				container, when specified according to the size designations set forth in Table
				I, shall be within the ranges of diameters specified for the respective
				designations.
TABLE I
Inches
Millimeters
Minimum
Maximum
Minimum
Maximum
Size Designation
Diameter2
Diameter3
Diameter2
Diameter3
Extra Small
1 28/32
2 4/32
48
54
Small
2 3/32
2 9/32
53
58
Medium
2 7/32
2 17/32
56
64
Large
2 15/32
2 28/32
63
73
Extra Large
2 26/32
-
71
-
2 Will not pass through a round
				  opening of the designated diameter when tomato is placed with the greatest
				  transverse diameter across the opening.
3 Will pass through a round
				  opening of the designated diameter in any position.
(2) In determining compliance with the size
				designations the measurement for minimum diameter shall be the largest diameter
				of the tomato measured at right angles to a line from the stem end to the
				blossom end. The measurement for maximum diameter shall be the smallest
				dimension of the tomato determined by passing the tomato through a round
				opening in any position.
(3) In
				lieu of specifying size according to the above size designations, the size of
				tomatoes in any type container may be specified in terms of minimum diameter or
				of minimum and maximum diameters expressed in whole inches and not less than
				thirty-second inch fractions thereof or millimeters, in accordance with the
				facts. For tolerances see subsection
				5G-3.005(5),
				F.A.C.
Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of
					 Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of
					 Florida.
New 8-17-80, Formerly
					 5G-3.03.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.004 - Color Classification

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				terms may be used, when specified in connection with the grade statement, in
				describing the color as an indication of the stage of ripeness of any lot of
				mature tomatoes of a red fleshed variety:
(a)
				Green. - "Green" means that the surface of the tomato is completely green in
				color. The shade of green color may vary from light to dark;
(b) Breakers. - "Breakers" means that there
				is a definite break in color from green to tannish-yellow, pink or red on not
				more than 10 percent of the surface;
(c) Turning. - "Turning" means that more than
				10 percent but not more than 30 percent of the surface, in the aggregate, shows
				a definite change in color from green to tannish-yellow, pink, red, or a
				combination thereof;
(d) Pink. -
				"Pink" means that more than 30 percent but not more than 60 percent of the
				surface, in the aggregate, shows pink or red color;
(e) Light red. - "Light red" means that more
				than 60 percent of the surface, in the aggregate, shows pinkish- red or red,
				provided that not more than 90 percent of the surface is red color;
				and
(f) Red. - "Red" means that
				more than 90 percent of the surface, in the aggregate, shows red
				color.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.005 - Tolerances

Current through Reg. 50, No. 138; July 16, 2024
In order to allow for variations incident to proper grading
				  and handling in each of the foregoing grades, the following tolerances, by
				  count, are provided as specified:
(1)
				Florida No.
1. -
(a) For defects at shipping
				point.1 - Ten percent for tomatoes in any lot which
				fail to meet the requirements for this grade, provided that not more than
				one-half of this tolerance, or 5 percent, shall be allowed for defects causing
				very serious damage, including therein not more than 1 percent for tomatoes
				which are soft or affected by decay; and
(b) For defects en route or at destination. -
				Fifteen percent for tomatoes in any lot which fail to meet the requirements for
				this grade, provided that included in this amount not more than the following
				percentages shall be allowed for defects listed:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.006 - Application of Tolerances

Current through Reg. 50, No. 138; July 16, 2024
The contents of individual packages in the lot, based on
				  sample inspection, are subject to the following limitations:
(1) For packages which contain more than 5
				pounds (2.27 kg), and a tolerance of 10 percent or more is provided, individual
				packages shall have not more than 1 1/2 times the tolerance specified, and for
				a tolerance of less than 10 percent individual packages shall have not more
				than double the tolerance specified, except that at least one defective and one
				off size specimen may be allowed in any package provided that the averages for
				the entire lot are within the tolerances specified for the grade; and
(2) For packages which contain 5 pounds (2.27
				kg) or less individual packages shall have not more than 4 times the tolerance
				specified, except that at least one tomato which is soft, or affected by decay,
				and one off-size specimen may be permitted in any package provided that the
				averages for the entire lot are within the tolerances specified for the
				grade.
Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of
					 Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of
					 Florida.
New 8-17-80, Formerly
					 5G-3.06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-3 - FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES › Section 5G-3.007 - Standard Weight

Current through Reg. 50, No. 138; July 16, 2024
(1) When packages
				are marked to a net weight of 15 pounds (6.80 kg) or more, the net weight of
				the contents shall not be less than the designated net weight and shall not
				exceed the designated weight by more than 2 pounds (0.91 kg).
(2) In order to allow for variations incident
				to proper sizing, not more than 15 percent, by count, of the packages in any
				lot may fail to meet the requirements for standard weight.
Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of
					 Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of
					 Florida.
New 8-17-80, Formerly
					 5G-3.07.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-4 - FLORIDA STANDARDS FOR GRADES OF FLORIDA FRESH FRUIT, CITRUS AND VEGETABLES › Section 5G-4.001 - United States Standards for Grades of Florida Fresh Fruit, Citrus and Vegetables

Current through Reg. 50, No. 138; July 16, 2024
(1) The United
				States Standards for Grades of Fresh Tomatoes (effective December 1, 1973, as
				amended November 29, 1973, February 1, 1975 and April 15, 1976); United States
				Standards for Grades of Lemons (effective September 1, 1964); United States
				Standards for Persian (Tahiti) Limes (effective June 20, 1958); United States
				Standards for Florida Avocados (effective September 3, 1957); United States
				Standards for Grades of Florida Tangerines (effective October 15, 1967, as
				amended February 13, 1968, January 31, 1973, November 22, 1975, and December 1,
				1980); United States Standards for Grades of Florida Grapefruit (effective
				October 15, 1967, as amended February 13, 1968 [33 F.R. 2883], January 31, 1973
				[37 F.R. 26417], November 22, 1975 [40 F.R. 48930], and December 1, 1980 [45
				F.R. 72089]); United States Standards for Grades of Florida Oranges and
				Tangelos (effective October 15, 1967, as amended February 13, 1968, January 31,
				1973, November 22, 1975, and December 1, 1980); United States Standards for
				Grades of Shelled Spanish Type Peanuts (effective July 15, 1965); United States
				Standards for Cleaned Virginia Type Peanuts in the Shell (effective September
				18, 1948); United States Standards for Shelled Virginia Type Peanuts (effective
				August 31, 1959); United States Standards for Shelled Runner Type Peanuts
				(effective July 31, 1956); and United States Department of Agriculture,
				Agricultural Marketing Service, General Shipping Point Inspection Instructions
				(January, 1966), filed herewith as Composite Exhibit "A", are hereby adopted as
				rules.
Specific Authority 603.151(3), 570.07(23) FS. Law
					 Implemented 603.11 FS.
New 11-19-81, Formerly
					 5G-4.01.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-5 - INSPECTION PROGRAMS › Section 5G-5.001 - Alternative Inspection Programs

Current through Reg. 50, No. 138; July 16, 2024
The Division of Fruit and Vegetables shall approve registered
				  citrus processing plants that apply for, agree to comply with and qualify to
				  operate under the Florida Quality Systems Certification Program Description and
				  Guidelines, dated April 4, 2006, hereby adopted by reference and available from
				  the Division of Fruit and Vegetables, Department of Agriculture and Consumer
				  Services, P.O. Box 1072, Winter Haven, Florida 33882-1072.
Specific Authority 570.07(23) FS. Law Implemented
					 570.07(2), (16), (21), 601.27, 601.49
					 FS.
New 7-12-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 500.09(1)(b), (3), (4), 500.12(1)(f),
					 570.07(6), (23) FS. Law Implemented
					 500.09(1)(b),
					 (4),
					 500.12(1)(f)
					 FS.
New 4-16-08, Repealed
					 12-9-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.003 - Purpose and Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				establishes inspection procedures and best management practices to enhance the
				safety of fresh tomatoes grown, harvested, packed, or repacked in Florida as
				provided by Chapters 500 and 570, F.S. The purpose of these procedures and
				practices is to:
(a) Enhance the safety of
				tomatoes to the consuming public by the implementation of safer handling,
				production and packing practices.
(b) Prevent or minimize contamination of
				tomatoes either in the natural environment in which they are grown or in the
				handling, packing, repacking or selling of tomatoes once harvested since, once
				contaminated, removing or killing pathogens is difficult.
(c) Provide the necessary education and
				training on food safety practices to workers at all levels.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.005 - Inspection of Permitted and Registered Entities

Current through Reg. 50, No. 138; July 16, 2024
(1) The department shall conduct regulatory
				inspections of entities permitted and registered pursuant to Rule
				5G-6.007, F.A.C., including,
				tomato farms, tomato greenhouses, tomato packinghouses, and repacking
				locations, and any vehicle being used to transport or hold tomatoes at least
				once annually to verify adherence to the requirements of the Tomato Best
				Practices Manual, FDACS-P-01580, (Rev. 10/14), as adopted in Rule
				5G-6.009, F.A.C., Chapter 500,
				F.S., and this rule chapter.
(2) As
				specified in Sections
				570.48(2)(e)
				and 570.481(1)(a),
				(b), F.S., the industry shall reimburse the
				Department for regulatory inspections conducted under this program at the rate
				of $75.00 per hour.
Rulemaking Authority 500.09(1)(b), (4), 500.70(2), (7),
					 570.07(6), (10), (23), 570.481(1)(a) FS. Law Implemented
					 500.70(3)(a),
					 570.48(2)(e),
					 570.481(1)(a),
					 (b),
					 603.12,
					 603.13
					 FS.
New 4-16-08, Amended
					 12-9-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.006 - Food Safety Audit Documents

Current through Reg. 50, No. 138; July 16, 2024
The Department hereby adopts and incorporates the following
				  forms for use by the department in performing inspections described in Rule
				  5G-6.005, F.A.C. Samples of
				  these documents are available online as indicated.
(1) Food Safety Audit - Tomato Good
				Agricultural Practices Open Field Production, Harvest and Field Packing,
				FDACS-07081, (Rev. 10/14),
https://www.flrules.org/Gateway/reference.asp?No=Ref-05925
.
(2) Food Safety Audit - Tomato Good
				Agricultural Practices Greenhouse, FDACS-07083, (Rev. 10/14),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05926
.
(3) Food Safety Audit - Tomato Good
				Agricultural Practices Packinghouse, FDACS-07085, (Rev. 10/14),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05927
.
(4) Food Safety Audit - Tomato Good
				Agricultural Practices Repacking and Distribution, FDACS-07086, (Rev. 10/14),
https://www.flrules.org/Gateway/reference.asp?No=Ref-05928
.
(5) Food Safety Audit - Tomato Good
				Agricultural Practices Corrective Action Needed Report, FDACS-07165, (Rev.
				2/14),
https://www.flrules.org/Gateway/reference.asp?No=Ref-05929
.
(6) 21 C.F.R. §§
				1.255-1.243 (2014),
https://www.flrules.org/Gateway/reference.asp?No=Ref-05930
.
Rulemaking Authority 500.09(1)(b), (4), 500.70(2), (7),
					 570.07(6), (10), (23) FS. Law Implemented
					 500.70(3)(a),
					 570.48(2)(e),
					 570.481(1)(a),
					 (b),
					 603.12,
					 603.13
					 FS.
New 12-9-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.007 - Annual Permitting and Registration Requirements of Florida Tomato Producers, Harvesters, Packers and Repackers

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who packs or repacks tomatoes
				in this state that does not hold a food permit issued pursuant to Section
				500.12, F.S., shall register
				their tomato packinghouse(s) or tomato repacker(s) by submitting the Annual
				Tomato Packer/Repacker Registration Application, FDACS-07151, (Rev. 10/13),
				which is hereby adopted and incorporated by reference. The application shall be
				accompanied by a registration fee of $100.00 and must be renewed annually on or
				before August 1 of each year. A copy of the form may be obtained by contacting
				the Florida Department of Agriculture and Consumer Services, Division of Fruit
				and Vegetables, 170 Century Blvd., Bartow, Florida 33830-9701 or online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-05680
.
				Any person who packs or repacks tomatoes in this state that seeks a food permit
				pursuant to Section 500.12, F.S., as an alternative
				to the registration requirement provided by this rule shall use the procedures
				outlined in Rule 5K-4.020, F.A.C.
(2) Any person who produces or harvests
				tomatoes in this state shall register their tomato farm(s)/tomato greenhouse(s)
				by submitting a completed Annual Tomato Farm/Greenhouse Registration
				Application, FDACS-07155, (Rev. 10/13), which is hereby adopted and
				incorporated by reference. A copy of the form may be obtained by contacting the
				Florida Department of Agriculture and Consumer Services, Division of Fruit and
				Vegetables, 170 Century Blvd., Bartow, Florida 33830-9701 or online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-05681
.
				The application shall be accompanied by a registration fee of $100.00 and must
				be renewed annually on or before August 1 of each year.
(2) Upon receipt and approval of the
				application, the department will assign a permit number to the applicant, which
				shall be available for inspection and presented to department personnel upon
				request.
(3) All fees collected
				pursuant to this section shall be deposited into the General Inspection Trust
				Fund.
Rulemaking Authority 500.09(1)(b), (4), 500.12(1)(b), (f),
					 570.70(2), (4)(a), (6), (7), 570.07(6), (10), (23) FS. Law Implemented
					 500.03(1)(n),
					 500.12(1)(a),
					 (b),
					 570.48(2)(a),
					 (6),
					 570.48(2)(e),
					 570.481(1)(a),
					 (b)
					 FS.
New 4-16-08, Amended 11-24-09,
					 12-9-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.009 - Tomato Best Practices Manual

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Tomato Best Practices Manual (FDACS-P-01580, Rev.10/14) is hereby incorporated
				by reference and contains the specifications of the Tomato Good Agricultural
				Practices (T-GAP) and the Tomato Best Management Practices (T-BMP). Copies of
				the manual may be obtained by contacting the Florida Department of Agriculture
				and Consumer Services, Division of Fruits and Vegetables, 170 Century Blvd.,
				Bartow, Florida 33830-9701, (863)578-1900 or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05931
.
				The following materials are referenced in the Tomato Best Practices Manual
				(FDACS-P-01580, Rev. 10/14) and are hereby adopted and incorporated by
				reference and are available online as indicated:
(a) 21 C.F.R. § 110 (2014),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05932
;
(b)
										21 C.F.R. §
											178.1010 (2014),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05933
;
(c)
										29 C.F.R. §
											1928.110 (2014),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05934
;
(d)
										40 C.F.R. §
											131.41(c) (2013),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05935
;
(e)
										40 C.F.R. §
											141.63 (2014),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05936
.
(f) Good Agricultural Practices for the
				Production and Handling of Tomatoes, USDA - CSREES National Integrated Food
				Safety Initiative, Project No. 00-51110-9722, 2002,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05937
;
(g) Food Safety Begins on the Farm - Good
				Agricultural Practices for Fresh Fruits and Vegetables, Cornell University,
				2000,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05938
;
(h) Guide to Identifying and Controlling
				Postharvest Tomato Diseases in Florida - Mahovic, Sargent and Bartz, University
				of Florida, Institute of Food and Agricultural Sciences, Revised July, 2013,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05939
;
(i) Guide to Minimize Microbial Food Safety
				Hazards for Fresh Fruits and Vegetables, U.S. Department of Health and Human
				Services, Food and Drug Administration, Center for Food Safety and Applied
				Nutrition (CFSAN), 1998,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05940
;
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.011 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
The following categories of tomatoes are exempt from the
				  requirements of Rule 5G-6.009, F.A.C.:
(1) Tomatoes sold by an individual grower to
				a consumer on the premises where the tomatoes not grown to exceed two (2)
				twenty-five pound boxes per customer, per day.
(2) Tomatoes sold by an individual grower to
				a consumer at a local farmers' market, roadside stand, or U-pick operation not
				to exceed two (2) twenty-five pound boxes per customer, per
				day.
Rulemaking Authority 500.70(7), 570.07(23) FS. Law
					 Implemented 500.07(5) FS.
New 4-16-08, Amended
					 12-9-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-6 - TOMATO INSPECTION › Section 5G-6.013 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				Department will follow in imposing the penalties authorized under Sections
				500.121 and
				500.70(3)(b),
				F.S. The purpose of the guidelines is to give notice of the range of penalties
				which normally will be imposed for a single violation within a three (3) year
				period. The three-year period shall be based on the date of the last
				administrative enforcement action imposed for the same violation. These
				guidelines list aggravating and mitigating factors that, if present, will
				reduce or increase penalties to be imposed. No aggravating factors will be
				applied to increase a fine imposed for a single violation above the statutory
				maximum of $5, 000.00 per violation. The guidelines in this rule chapter are
				based upon a single count violation of each provision listed. Multiple counts
				of the violated provision or a combination of the listed violations will be
				added together to determine an overall total penalty and will be grounds for
				enhancement of penalties.
(2) The
				department will enforce compliance with Chapter 500, F.S., rule Chapter 5G-6
				and Rule 5K-4.029, F.A.C., by issuing an
				administrative complaint, stop sale order, and/or warning letter for violations
				of Chapter 500, F.S., rule Chapter 5G-6 and Rule
				5K-4.029, F.A.C.
(a) For purposes of enforcing compliance with
				Chapter 500, F.S., this rule chapter, and Rule
				5K-4.029, F.A.C., a Department
				representative shall issue FDACS-07153, (Rev. 10/14), Tomato Stop-Sale -
				Interdiction Stations, or FDACS-07154, (Rev. 10/14), Tomato Stop-Sale, to
				anyone producing, harvesting, packing, or repacking tomatoes that do not meet
				the requirements of Chapter 500, F.S., or rule Chapter 5G-6, F.A.C., including
				the Tomato Best Practices Manual, FDACS-P-01580, (Rev. 10/14), as adopted in
				Rule 5G-6.009, F.A.C. If the
				Department determines that the tomatoes under stop sale are in compliance, a
				Department representative shall issue FDACS-07152, (Rev. 10/14), Release of
				Tomato Stop-Sale to the owner of the tomatoes under stop-sale.
(b) The following forms are hereby adopted
				and incorporated by reference and are available online as indicated:
1. Tomato Stop-Sale - Interdiction Stations,
				FDACS-07153, (Rev. 10/14),
https://www.flrules.org/Gateway/reference.asp?No=Ref-05942
;
2. Tomato Stop-Sale, FDACS-07154, Rev.
				(10/14),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05943
;
3. Release of Tomato Stop-Sale, FDACS-07152,
				Rev. (10/14),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05944
;
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-7 - MARKETING ORDERS GENERALLY › Section 5G-7.001 - Definition of Producer with Relation to Referendums

Current through Reg. 50, No. 138; July 16, 2024
(1) The following definition of "producer"
				will be applicable to any marketing order referendum under the provisions of
				the Florida Statutes: "Producer" means an individual, firm, partnership,
				corporation, association, business, trust, legal representative, or any other
				business unit who or which:
(a) Owns and
				farms land resulting in his or its ownership of the commodity produced
				thereon;
(b) Rents or farms land
				resulting in his or its ownership of all or a portion of the commodity produced
				thereon, or
(c) Owns land which he
				or it does not farm and, as rental for such land obtains the ownership of a
				portion of the commodity produced thereon.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-7 - MARKETING ORDERS GENERALLY › Section 5G-7.002 - Definition of "Handler" with Relation to Referendums

Current through Reg. 50, No. 138; July 16, 2024
(1) The following definition of "handler"
				will be applicable to any marketing order referendum under the provisions of
				the Florida Statutes: "Handler" is synonymous with shipper and packer and means
				an individual, firm, partnership, corporation, association, business, trust,
				legal representative, or any other business unit who or which engages in the
				operation of selling, marketing, or distributing in the primary channel of
				trade, as the first handler thereof, commodities which he is marketing on
				behalf of a producer, whether as owner, agent, employee, broker, or otherwise,
				but shall not include a retailer.
(2) "Partnership" shall be deemed to include
				a husband and wife. The term "partnership" shall also be deemed to include
				individuals, partnerships, or corporations which join together by agreement,
				informal or otherwise, for the purpose of handling commodities as the first
				handler thereof in the primary channel of trade. The term "partnership" shall
				also include "joint ventures, " wherein one or more parties to the arrangement
				contributes capital and others contribute labor, management, equipment, or
				other services, or any variations of such contributions by two or more parties,
				so that it results in the handling of commodities in the primary channel of
				trade as the first handler thereof.
(3) Each entity, whether individual,
				partnership, "joint venture, " or corporation so engaged in the handling of
				commodities in the primary channel of trade as the first handler thereof, shall
				be entitled to only one vote in such referendum. In the case of a partnership
				or "joint venture, " such vote shall not be accepted in the absence of
				unanimous agreement of the respective members. In the case of a corporation,
				such vote shall be cast pursuant to the authorization of its board of
				directors.
(4) In order to insure
				that a person is a "handler" eligible to vote, he must have handled a commodity
				in the primary channel of trade as the first handler thereof during the
				representative period prescribed by the Commissioner.
(5) The prevailing principle which shall
				apply in the determination of "handler" is who or which interest as a unit,
				whether individual, partnership, corporation, association, or any other
				business unit, was the first handler of a commodity in the primary channel of
				trade.
Rulemaking Authority 573.22(2) FS. Law Implemented
					 573.04(7) FS.
New 6-29-62, Formerly 5H-2.02,
					 5H-2.002.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5G - Division of Fruit and Vegetables › Chapter 5G-7 - MARKETING ORDERS GENERALLY › Section 5G-7.003 - Assessments; Collections

Current through Reg. 50, No. 138; July 16, 2024
The following applies to the Citrus Research, Peanut, and
				  Tobacco Marketing Orders issued by the Department in accordance with Chapter
				  573, F.S.
(1) Assessments. After
				receiving the recommendations of the designated Advisory Council, the
				Department shall fix the rate of assessment on the volume of the commodity sold
				or some other equitable basis. Such assessment shall be collected by the
				handler at the first point of sale. Upon recommendation of the Advisory
				Council, the rate of assessment shall be adjusted if the Department determines
				that additional funds are required or suspended if the Department determines
				that additional funds are not required. Upon being fixed by the Department, the
				assessment rate shall be published in the Florida Administrative Register, a
				newspaper of general circulation in Florida, and in other industry-related
				publications.
(2) Collections. Any
				money collected by the first handler shall be remitted to the Department under
				the provisions of the Marketing Order and shall be used for the sole purpose of
				implementing the Marketing Order for which the assessment was collected. Any
				money collected pursuant to the Citrus Research Marketing Order shall be for
				the administration and funding of citrus research activities. The Citrus
				Research and Development Foundation, Inc., (Foundation) shall act as the
				Advisory Council for the Citrus Research Marketing Order in accordance with
				Section 573.112,
				F.S.
Rulemaking Authority 573.118(2), 573.119 FS. Law
					 Implemented 573.112, 573.118(2), 573.119
					 FS.
New 6-4-95, Amended 11-9-11, Formerly
					 5H-2.003.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.001 - Bond Required; Agricultural Products (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.19,
					 604.20(1) FS.
New 9-12-79, Amended 1-11-81, 5-2-82, Formerly 5H-1.01,
					 Amended 5-3-90, 7-7-92, 2-26-96, 8-11-96, 1-11-06, Transferred to
					 5J-25.001.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.002 - Bond Required; Livestock and Ornamental Nursery Products (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.20(1)
					 FS.
New 7-1-71, Repromulgated 12-31-74, Amended 1-11-81,
					 Formerly 5H-1.02, Repealed 5-2-82.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.003 - License Fee to Be Paid (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.19 FS.,
					 Chapter 90-161, Laws of Florida.
New 9-12-79, Amended 1-11-81, 10-30-85, Formerly 5H-1.03,
					 Amended 12-5-90, 1-11-06, Transferred to
					 5J-25.003.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.004 - Certificates of Deposit in Lieu of Surety Bonds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.19,
					 604.20, 604.21(1), (2), (8) FS.
New 11-16-83, Amended 9-2-84, Formerly 5H-1.04, Amended
					 3-27-86, 6-24-90, 12-10-92, Repealed
					 1-11-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.005 - Security Requirements for Grain Dealers (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.33
					 FS.
New 2-2-86, Transferred to
					 5J-25.005.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.006 - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.15,
					 604.27 FS.
New 8-15-11, Transferred to
					 5J-25.006.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.007 - Content of Dealers Records (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.22,
					 604.27 FS.
New 8-15-11, Transferred to
					 5J-25.007.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.008 - Guidelines for Imposing Administrataive Penalties (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.27,
					 604.30 FS.
New 8-15-11, Transferred to
					 5J-25.008.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-1 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5H-1.009 - Documents Incorporated by Reference (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 534.48, 535.02, 604.27 FS. Law
					 Implemented 534.48, 535.01, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33
					 FS.
New 8-15-11, Transferred to
					 5J-25.009.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-2 - MARKETING ORDERS GENERALLY › Section 5H-2.001 - Definition of Producer with Relation to Referendums (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 573.22(2) FS. Law Implemented
					 573.04(5) FS.
New 6-29-62, Formerly 5H-2.01, Transferred to
					 5G-7.003.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-2 - MARKETING ORDERS GENERALLY › Section 5H-2.002 - Definition of "Handler" with Relation to Referendums (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 573.22(2) FS. Law Implemented
					 573.04(7) FS.
New 6-29-62, Formerly 5H-2.02, Transferred to
					 5G-7.002.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-2 - MARKETING ORDERS GENERALLY › Section 5H-2.003 - Assessments; Collections (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 573.118(2), 573.119 FS. Law
					 Implemented 573.112, 573.118(2), 573.119
					 FS.
New 6-4-95, Amended 11-9-11, Transferred to
					 5G-7.003.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-2 - MARKETING ORDERS GENERALLY › Section 5H-2.004 - Rate of Assessments; Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 573.118(2) FS. Law Implemented
					 573.118(2), 573.119 FS.
New 6-4-95, Repealed
					 11-9-11.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-5 - TOBACCO SALES REPORT › Section 5H-5.001 - Information for Weekly Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 574.08, 574.14 FS. Law Implemented
					 574.08 FS.
Repromulgated 12-31-74, Formerly 5H-5.01, Amended 6-4-95,
					 Repealed 11-17-11.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-5 - TOBACCO SALES REPORT › Section 5H-5.004 - Tobacco Warehouses; Auction, Weighing and Handling Fees; Commission on Gross Sales (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 574.14 FS. Law Implemented 574.12(1)
					 FS.
New 7-22-65, Repromulgated 12-31-74, Formerly 5H-5.04,
					 Amended 8-12-91, Repealed 11-17-11.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-15 - PUBLIC VENDUE OF THOROUGHBRED HORSES › Section 5H-15.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Sales organization means any person, firm
				or corporation holding, sponsoring or conducting a public vendue at which
				thoroughbred horses are offered for sale within the State of Florida.
(2) Department means the Department of
				Agriculture and Consumer Services of the State of Florida.
(3) Sales (public vendue) of thoroughbred
				horses are classified as Class A, Class B and Class C defined as follows:
(a) Class A sale means a sale wherein the
				sales organization has established that each horse entered has a minimum value
				of $7500.
(b) Class B sale means a
				sale wherein the sales organization has established that each horse entered has
				a minimum value of $2500.
(c) Class
				C sale means a sale wherein the sales organization has established no minimum
				value for horses entered for sale.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-15 - PUBLIC VENDUE OF THOROUGHBRED HORSES › Section 5H-15.002 - Classification of Sales (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 535.02 FS. Law Implemented 535.01,
					 535.02 FS.
New 10-23-85, Formerly 5H-15.02, Repealed
					 6-4-95.