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2011 Florida Statutes

Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 601 FLORIDA CITRUS CODE Entire Chapter
SECTION 90
Freeze-damaged citrus fruit; power of commission.
F.S. 601.90
601.90 Freeze-damaged citrus fruit; power of commission.—
(1) Whenever freezing temperatures of sufficient degree to cause serious damage to citrus fruit occur in all major citrus-producing areas of the state, the commission, upon call of the chair and with such notice as may be appropriate under the circumstances, shall meet within 96 hours of the last occurrence of such freezing temperatures to determine whether or not such freezing temperatures have caused damage to citrus fruit as defined in s. 601.03 and, if so, the degree of such damage.
(2) If the commission, at such meeting, determines that serious damage, as defined in s. 601.89(1), has occurred to such citrus fruit, it may, upon majority vote, enter an emergency quality assurance order providing for one or more of the following:
(a) Prohibiting the preparation for market, sale, offering for sale, or shipment of citrus fruit for a period not to exceed 10 days after commencement of the order period.
(b) Prohibiting the sale, offering for sale, or shipment of any citrus fruit showing “damage,” as defined by s. 601.89(2), for a period not to exceed 14 days after commencement of the order period.
(c) Prohibiting the preparation for market, sale, offering for sale, or shipment of citrus fruit for a period not to exceed 10 days after commencement of the order period, and further prohibiting the sale, offering for sale, or shipment of citrus fruit showing “damage,” as defined by s. 601.89(2), for a subsequent period not to exceed 14 additional days.
(d) Prohibiting the sale, offering for sale, or shipment, in offshore export trade channels, of citrus fruit showing any degree of internal freeze-related injury, as defined by s. 601.89(3), for a period not to exceed 30 days from commencement of the order period.
(3) Any emergency order entered pursuant to this section shall become effective upon adoption by the commission, the provisions of chapter 120 to the contrary notwithstanding, and shall have the full force and effect of law. The order period shall commence at a time established by the commission in its order, but not sooner than 36 hours following adoption of the order.
(4) Emergency quality assurance orders shall not be applicable to any citrus fruit sold or transported to a citrus processing plant for processing purposes or to any citrus fruit inspected, packed, and certified for shipment prior to commencement of the order period; however, any such citrus fruit not shipped within 48 hours of commencement of the order period shall be reinspected, on a random basis, and recertified as damage-free.
(5) Any order may provide for reasonably extended packinghouse inspection hours prior to commencement of the order period.
History.—s. 90, ch. 25149, 1949; s. 1, ch. 59-7; s. 22, ch. 71-186; s. 2, ch. 81-97; s. 2, ch. 90-195; s. 986, ch. 97-103.