Florida Administrative Code

Rulemaking Authority 616.165, 616.242(5) FS. Law Implemented 616.242 FS. History-New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.002.

Rulemaking Authority 616.165, 616.242(3)(q), (5) FS. Law Implemented 616.242 FS. History-New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05, 10-2-07, Transferred to 5J-18.003.

Rulemaking Authority 616.165, 616.242(4), (6) FS. Law Implemented 616.242 FS. History-New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.004.

Rulemaking Authority 616.165, 616.242(7) FS. Law Implemented 616.241, 616.242 FS. History-New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05, Transferred to 5J-18.005.

Rulemaking Authority 616.165, 616.242(11) FS. Law Implemented 616.242 FS. History-New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.0051.

Rulemaking Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History-New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Transferred to 5J-18.009.

Rulemaking Authority 616.165, 616.242(7), (8), (13) FS. Law Implemented 616.242(8) FS. History-New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Transferred to 5J-18.012.

Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242 FS. History-New 5-30-10, Transferred to 5J-18.0125.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History-New 5-30-10, Transferred to 5J-18.0127.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History-New 5-30-10, Transferred to 5J-18.0128.

Rulemaking Authority 616.165, 616.242(4), (10) FS. Law Implemented 616.242 FS. History-New 9-15-92, Amended 2-23-94, 3-12-95, 2-14-99, Transferred to 5J-18.013.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(16) FS. History-New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Transferred to 5J-18.014.

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(14) FS. History-New 2-14-99, Amended 5-30-05, Transferred to 5J-18.0142.

Rulemaking Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History-New 12-6-93, Amended 2-14-99, 5-30-10, Transferred to 5J-18.015.

Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History-New 12-6-93, Amended 2-14-99, 5-30-10, Transferred to 5J-18.016.

Rulemaking Authority 616.165, 616.242(4)(b), (10)(b) FS. Law Implemented 616.242 FS. History-New 10-10-01, Amended 5-30-05, Transferred to 5J-18.024.

Rulemaking Authority 616.165, 616.242(4)(c), (6) FS. Law Implemented 616.242 FS. History-New 11-11-92, Amended 6-13-93, 9-21-93, 2-23-94, 4-15-94, 7-5-94, 5-7-96, 2-14-99, 5-30-10, Transferred to 5J-18.025.

Rulemaking Authority 616.241(10), 616.242(4) FS. Law Implemented 616.241(10) FS. History-New 5-8-94, Amended 2-14-99, 5-30-10, Transferred to 5J-18.050.

(1) Definitions. For the purposes of Sections 601.92 through 601.97, F.S., and this section: (a) Arsenical spray or its derivatives means arsenic found on or in the leaves or branches of bearing citrus trees, or on or in citrus fruit and is there by virtue of the use of fertilize…

Citrus inspection fees shall be due upon the inspection of citrus fruit and the canned and concentrated products thereof and shall be paid weekly to the Commissioner of Agriculture and persons paying fees shall do so in the following manner: (1) Notify the Commissioner of Agricul…

(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 …

(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 pr…

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. History-New 11-23-78, Formerly 5G-2.01.

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 …

(1) A prospective licensed citrus fruit dealer wishing to post a certificate of deposit in lieu of a surety bond in connection with the issuance of a citrus fruit dealer's license, shall purchase such certificate in an amount to be determined according to the criteria as set fort…

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 _____ charter…

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. History-New 8-17-80, Formerly 5G-3.01.

(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. (b) Free from: 1. Decay; 2. F…

(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 Design…

(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 compl…

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 me…

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…

(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 t…

When used in the context of this rule chapter, the following terminology is defined as follows: (1) "Similar varietal characteristics' means that the tomatoes are alike as to firmness of flesh and shade of color (for example, soft-fleshed, early maturing varieties are not mixed w…

TABLE II REFERENCES TO AREA, AGGREGATE AREA, LENGTH OR AGGREGATE LENGTH ARE BASED ON A TOMATO HAVING DIAMETER OF 2-1/2 INCHES (64 MM)1 Factor Damage Cuts and broken skins Not shallow or not well healed, or shallow, well healed, cut more than 1/2 inches (13mm) in length, or other …

(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) L…

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 …

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. History-New 4-16-08, Repealed 12-9-15.

(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 sa…

(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 …

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 F…

(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-0…

(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 contacti…

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 …

(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 wi…

(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 …

(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, lega…

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 assessmen…

Rulemaking Authority 604.27 FS. Law Implemented 604.19, 604.20(1) FS. History-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.

Rulemaking Authority 604.27 FS. Law Implemented 604.19 FS., Chapter 90-161, Laws of Florida. History-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.