3-445. Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director deems necessary to carry out this article.

B. On recommendation of the associate director, the director shall prescribe:

1. Standards and grades for citrus fruit produced in this state and a standard for citrus fruit without specific standards pursuant to section 3-446. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.

2. The size, dimensions, labeling and markings of containers that are to be used to pack citrus fruit and the packing arrangements of the commodity in the container.

3. A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.

4. Sampling rules for lots and containers of citrus fruit to reasonably produce a fair representation of the entire lot or container sampled.

5. The time period allowed to recondition citrus fruit pursuant to section 3-444.

6. Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each citrus variety shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each citrus variety sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each citrus variety sold by the shipper.

7. Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, "year" has the same meaning prescribed in section 3-450.