5K-5.011. Florida Grades for Ready-to-Cook Poultry and Poultry Parts

(1) GENERAL.

(a) The standards of grades are applicable to dressed and drawn (ready-to-cook) poultry and poultry parts of all kinds and classes, and are based on the standards of quality set forth in Chapter 5K-5, F.A.C.

(b) All terms in the standards of grades shall have the same meaning as when used in the standards of quality for individual carcasses and parts in Chapter 5K-5, F.A.C.

(2) GRADES.

(a) “Premium” Grade. A lot of ready-to-cook poultry, parts, or poultry food products consisting of one or more ready-to-cook carcasses or parts, or individual units of poultry food products of the same kind and class, each of which conforms to the requirements for Premium quality as specified in this part, may be designated as “Premium” Grade.

(b) “Good” Grade. A lot of ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for Good quality or better, may be designated as “Good” Grade.

(c) “Standard” Grade. A lot of ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for Standard quality or better, may be designated as “Standard” Grade.

(3) SUMMARY OF SPECIFICATIONS FOR STANDARDS OF QUALITY FOR INDIVIDUAL CARCASSES OF READY-TO-COOK POULTRY AND PARTS THEREFROM.

(4) REPRESENTATIVE SAMPLES AND TOLERANCES.

(a) Whenever grading is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of containers indicated in the following table.

CONTAINERS	CONTAINERS
IN LOT	IN SAMPLE
4 or less	All
5 to 10	2
11 to 20	4
21 to 100	6
101 to 500	8
501 to 1,000	15
1,001 to 2,000	25
2,001 to 4,000	40
Over 4,000	60

(b) A lot average tolerance of 8 birds per 50 bird sample of ready-to-cook poultry is permitted in the next lower grade classes. No individual sample within the lot may exceed 12 errors/undergrades. (Example below).

SAMPLE			STOP
SIZE		ACCEPT		SALE
50 Birds		8		9
100 Birds		16		17
150 Birds		24		25

(5) FLORIDA SEAL OF QUALITY PROGRAM FOR POULTRY.

(a) The department hereby adopts a Florida Seal of Quality to be used in advertising and promoting the sale of poultry processed in Florida. A reproduction of the Florida Seal of Quality for Poultry emblem is shown below:

(b) The department may grant permission to Florida dealers to use the Florida Seal of Quality for Poultry under the following conditions:

1. All poultry advertised and promoted in this program must be of Premium Grade and must also meet the requirements of the United States Department of Agriculture for Grade A poultry.

2. Each firm wanting to use the Florida Seal of Quality for Poultry must execute an agreement with the department spelling out the terms of use, penalties, charges and other applicable information.

(c) If certificates in addition to the Florida Seal of Quality for Poultry emblem are necessary for export, military, institutional shipments or other industry uses, an hourly charge of $12.75 per hour plus per diem and mileage expenses as provided in Chapter 112, Florida Statutes, shall be paid by the user.

(d) Probation; suspension; revocation of use.

1. If within a 30 day period a dealer’s product is found in violation 3 times or more at the plant or any combination of 6 times or more at the retail and wholesale levels, the dealer’s privilege to use the Florida Seal of Quality for Poultry will be placed on probation for a period of 60 days.

2. If during the probationary period a dealer’s product is found in violation 4 or more times at the plant or a combination of 10 or more times at the retail and wholesale levels, the department will suspend the privilege of using the Florida Seal of Quality for Poultry for a period of 60 days.

3. If a dealer has the privilege of use suspended 2 times in any 18 month period, the dealer shall not be permitted to use the Florida Seal of Quality for Poultry for a period of 1 year following notification by the department.

4. As applied in the Florida Seal of Quality for Poultry program, a violation is defined as any condition or series of conditions necessitating the issuance of one or more Stop Sale Orders during a department inspection.

(e) An annual advertising and promotion fee of $110, which includes the $10 application fee required by Section 571.06, Florida Statutes, is due upon application for license to use the Florida Seal of Quality for Poultry Program emblem. Such license shall be valid for one year from date of issue. An additional advertising and promotion fee of $210, which includes the $10 application fee required by Section 571.06, Florida Statutes, will be charged if a company applies to have its privilege reinstated after a suspension of 1 year or more.

(f) A processor with multiple processing facilities may apply for use of the Florida Seal of Quality for Poultry on behalf of each such Florida facility.

Rulemaking Authority 570.07(23), 571.05, 583.04, 583.17 FS. Law Implemented 571, 583.02, 583.13(1), (2), (3), 583.17 FS. History–Repromulgated 12-31-74, Amended 7-22-75, 12-23-84, 12-2-85, Formerly 5E-7.11, 5E-7.011.