Florida Regulations 20-44.001: Intrastate Shipments
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(1) Grade and Size: The following are minimum grade and size requirements for intrastate shipment or sale of all varieties of citrus fruit:
(a) Grade:
1. U.S. No. 2 for all varieties except seedless grapefruit, or a lower grade for any variety that is approved for interstate shipment under orders issued pursuant to Federal Marketing Order 905, provided that all fruit sold or offered for sale or shipment that will not meet U.S. No. 1 grade requirements shall have the grade designation shown on or in consumer sized containers and on any open display bin from which the fruit is sold in such a manner as to be clearly visible and legible to the purchaser. The grade designation on or in consumer sized containers shall be in letters not less than 1″ in height and on display bins the letters shall be not less than 2″ in height.
2. U.S. No.1 minimum – excluding Golden, Bronze and Russet designations – for all seedless grapefruit.
3. U.S. No. 2 grade shall apply to all varieties sold at roadside retail fruit stands directly to consumers not for resale.
(b) Size: The same minimum size as established for each variety from time to time by the Citrus Administrative Committee and covered by orders issued pursuant to Federal Marketing Order 905; provided that the following additional sizes of citrus fruit may be sold or transported for sale directly to consumers from open bins at roadside retail fruit stands:
Seedless grapefruit – size 56
Seeded grapefruit – size 40
Oranges – size 163
(c) Exception: Fruit sold at retail or offered for retail sale by the owner of the grove on which the fruit was produced, shall be subject to U.S. No. 2 internal grade requirements and no other grade or size requirements, provided:
1. All sales are made on or directly from the tree or from a display bin or other open container and said sales are direct to a consumer and not for resale or out of State transportation;
2. Such fruit shall not be placed in a bag or other closed container until after it is sold to the consumer;
3. A grove owner selling or offering citrus fruit for sale under this provision shall, prior to sale each season, file with the Department of Agriculture proof of ownership of the grove or groves on which said citrus fruit was or will be produced. Such proof shall include a legal description of all grove properties on which such citrus fruit was or will be produced and shall designate the place where said citrus fruit will be sold or offered for sale. On request of the Department of Agriculture or its designated agent, the grove owner shall identify the grove origin of all such fruit being sold or offered for sale by him at any given time. In addition, the grower shall pay all applicable assessments and inspection fees.
(2) Maturity: All fruit shall meet minimum maturity requirements as established for each respective variety by State law or Department of Citrus rules.
(3) Certification and stamping: Intrastate shipments of fresh citrus fruit for consumption or use within the State of Florida except citrus fruit sold by a gift fruit shipper or a roadside retail fruit stand directly to consumers and not for resale shall be subject to the issuance and filing of inspection certificates, however the grade is not required to be shown on the container. This provision shall not exempt such shipments from inspection for compliance with minimum maturity, grade or size requirements.
Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.11, 601.50(1) FS. History-Formerly 105-1.35(1), Amended 1-1-75, 8-28-84, Formerly 20-44.01, Amended 1-22-92, 11-14-94, 11-30-94, 11-28-12, 1-24-19.
Terms Used In Florida Regulations 20-44.001
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
1. U.S. No. 2 for all varieties except seedless grapefruit, or a lower grade for any variety that is approved for interstate shipment under orders issued pursuant to Federal Marketing Order 905, provided that all fruit sold or offered for sale or shipment that will not meet U.S. No. 1 grade requirements shall have the grade designation shown on or in consumer sized containers and on any open display bin from which the fruit is sold in such a manner as to be clearly visible and legible to the purchaser. The grade designation on or in consumer sized containers shall be in letters not less than 1″ in height and on display bins the letters shall be not less than 2″ in height.
2. U.S. No.1 minimum – excluding Golden, Bronze and Russet designations – for all seedless grapefruit.
3. U.S. No. 2 grade shall apply to all varieties sold at roadside retail fruit stands directly to consumers not for resale.
(b) Size: The same minimum size as established for each variety from time to time by the Citrus Administrative Committee and covered by orders issued pursuant to Federal Marketing Order 905; provided that the following additional sizes of citrus fruit may be sold or transported for sale directly to consumers from open bins at roadside retail fruit stands:
Seedless grapefruit – size 56
Seeded grapefruit – size 40
Oranges – size 163
(c) Exception: Fruit sold at retail or offered for retail sale by the owner of the grove on which the fruit was produced, shall be subject to U.S. No. 2 internal grade requirements and no other grade or size requirements, provided:
1. All sales are made on or directly from the tree or from a display bin or other open container and said sales are direct to a consumer and not for resale or out of State transportation;
2. Such fruit shall not be placed in a bag or other closed container until after it is sold to the consumer;
3. A grove owner selling or offering citrus fruit for sale under this provision shall, prior to sale each season, file with the Department of Agriculture proof of ownership of the grove or groves on which said citrus fruit was or will be produced. Such proof shall include a legal description of all grove properties on which such citrus fruit was or will be produced and shall designate the place where said citrus fruit will be sold or offered for sale. On request of the Department of Agriculture or its designated agent, the grove owner shall identify the grove origin of all such fruit being sold or offered for sale by him at any given time. In addition, the grower shall pay all applicable assessments and inspection fees.
(2) Maturity: All fruit shall meet minimum maturity requirements as established for each respective variety by State law or Department of Citrus rules.
(3) Certification and stamping: Intrastate shipments of fresh citrus fruit for consumption or use within the State of Florida except citrus fruit sold by a gift fruit shipper or a roadside retail fruit stand directly to consumers and not for resale shall be subject to the issuance and filing of inspection certificates, however the grade is not required to be shown on the container. This provision shall not exempt such shipments from inspection for compliance with minimum maturity, grade or size requirements.
Rulemaking Authority 601.10(1), (7) FS. Law Implemented 601.11, 601.50(1) FS. History-Formerly 105-1.35(1), Amended 1-1-75, 8-28-84, Formerly 20-44.01, Amended 1-22-92, 11-14-94, 11-30-94, 11-28-12, 1-24-19.