5K-4.020. Food Permits; Requirements and Fees  


Effective on Monday, March 16, 2020
  • 1(1) As used in this rule, the following definitions shall apply in determining food permit fees:

    17(a) Bottling plant. A processor or packer or both of juices, drinks, carbonated beverages or non-carbonated beverages in hermetically sealed containers (excluding bottled drinking water).

    42(b) Canning plant. A processor or packer or both of fruit, vegetables, seafoods or other foods in hermetically sealed containers.

    62(c) Convenience store. A business that is engaged primarily in the retail sale of groceries or motor fuels or special fuels and may offer food services limited to coffee from urns, or iced or frozen drinks, with no retail food processing.

    103(d) Convenience store with limited food service. A convenience store where food is prepared and intended for individual portion service, but limited to the display of snack foods or pastries, and/or heating or cooking of hot dogs, sausages, prepackaged pizza or meat pastries, regardless of whether consumption is on or off the premises or whether there is a charge for the food, but without retail food processing.

    170(e) Convenience store with significant food service. A convenience store that has retail food processing activities consisting of on-site cooking or other preparation of hot entrees, chicken (fried, roasted or grilled), sandwiches, salads, or desserts for consumption on or off the premises. The term also applies to such foods brought to a location for sale on individual customer order or by buffet-style display.

    233(f) Food salvage center. A firm specializing in sorting, segregating and re-working damaged foods, primarily for wholesale distribution.

    251(g) Food storage warehouse. A cold storage warehouse, a dry storage warehouse, or a commercial food distribution center.

    269(h) Grocery store. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains four or fewer check-out registers and less than 15,000 total square footage, including display, preparation and storage areas.

    309(i) Health food store. A retail food store engaged primarily in the sale of prepackaged vitamins, minerals, nutritional supplements and foods intended for health conscious persons but with no food service or retail food processing.

    344(j) Health food store with food service. A health food store where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, regardless of whether consumption is on or off the premises, or whether there is a charge for the food, but with no retail food processing.

    400(k) Limited poultry and egg farm operation. A farm-based Food Establishment which directly produces and offers dressed poultry or whole shell eggs for sale. No additional processing or food preparation of such poultry or shell eggs is allowed under this permit category. For purposes of this rule, “farm” has the same meaning as provided in Section 456823.14, F.S.

    458(l) Limited Sales. Any business fitting any of the definitions in this subsection with gross food sales less than $15,000.00 annually.

    480(m) Meat market. A retail food store engaged primarily in the cutting, processing and selling of meats or poultry, or both. A limited number of other foods may be stocked, but inventory and sales are predominantly meat or poultry or both.

    521(n) Minor food outlet. Any retail establishment that sells groceries and may offer food service to the public limited to coffee from urns, or iced or frozen drinks, but neither the grocery sales nor the food service is a major retail function based on allocated space or gross sales. No retail food processing may be performed.

    577(o) Minor food outlet, only non-perishable foods. A minor food outlet which sells, stores or offers only commercially prepackaged, non-potentially hazardous, non-perishable foods and at which there is no food processing activity, no food service or any activity related to repackaging of foods. Commercially prepackaged ice, not bagged on the premises, may be sold.

    631(p) Minor food outlet with limited food service. A minor food outlet where food is prepared and intended for individual portion service, but limited to the display of snack foods or pastries, and/or heating or cooking of hot dogs, sausages, prepackaged pizza or meat pastries, regardless of whether consumption is on or off the premises or whether there is a charge for the food, and without retail food processing.

    700(q) Minor food outlet with significant food service. A minor food outlet that has retail food processing activities consisting of on-site cooking or other preparation of hot entrees, chicken (fried, roasted or grilled), sandwiches, salads, or desserts for consumption on or off the premises. The term also applies to such foods brought to a location for sale on individual customer order or by buffet-style display.

    765(r) Mobile vendor. Persons selling foods other than fresh fruits or vegetables from trucks, trailers or similar self-propelled conveyances.

    784(s) Processor, other non-perishable foods. A processor or packager of grain products, snack foods, candy, table syrup, honey, coffee, tea, spices or other non-perishable foods not defined elsewhere in this section.

    815(t) Processor, other perishable foods. A processor of cheese, packaged sandwiches, bulk or packaged salads, or other perishable foods not defined elsewhere in this section.

    840(u) Rabbit or game processor. A processor of rabbits, quail, deer, or other bird or animal species normally considered game, excepting any equine, bovine, goat, sheep, swine, or chickens, turkeys, ducks, geese, squab, ratites or guineas.

    876(v) Retail bakery. A Food Establishment that bakes breads, pastries or other similar baked goods, primarily for retail sale on the premises.

    898(w) Retail bakery with food service. A retail bakery where food other than breads, pastries or other similar baked goods is prepared and intended for individual portion service, and includes the site at which individual portions are provided, regardless of whether consumption is on or off the premises, or whether there is a charge for the food.

    955(x) Retail food processing. The cutting, grinding, or slicing of meats or cheeses for bulk or packaged display; the preparation and wrapping or packaging of sandwiches, salads, or other foods for retail display; the smoking or cooking of meat, poultry, or fish for retail display or on customer request; the steaming, cracking, or cooking of crustaceans or shellfish for retail display or on customer request; the on-premises baking of breads or pastries; or the peeling, cutting, or trimming and packing of fruit or vegetables for retail display.

    1042(y) Salvage store. A retail food store specializing in salvage foods.

    1053(z) Seafood market. A retail food store engaged primarily in the sale of seafood. A limited number of other foods may be stocked, but inventory and sales are predominantly fish, crustaceans, or shellfish.

    1086(aa) Seafood processor. A processor of fresh or saltwater finfish, crustaceans, other forms of aquatic animal life (including, but not limited to, alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, where such animal life is intended for human consumption, primarily for wholesale distribution.

    1145(bb) Semi-permanent vendor. Persons selling foods other than fresh fruits and vegetables from a pushcart, flea market stand, roadside stand, kiosk or similar structure and which may offer ancillary food service.

    1176(cc) Supermarket. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains five or more check-out registers or 15,000 or greater total square footage, including display, preparation and storage areas.

    1215(dd) Tomato Packing House means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

    1238(ee) Wholesale bakery. A Food Establishment that bakes breads, pastries or other similar baked goods, primarily for wholesale distribution.

    1257(ff) Unattended Food Establishment (also known as micro markets). A Food Establishment that provides packaged foods or whole fruit using an automated payment system and has controlled entry not accessible by the general public.

    1291(2) Food permits. The Department shall not issue a food permit to a Food Establishment until the following conditions are met:

    1312(a) The Food Establishment submits a complete Food Permit Application, FDACS-14306 (Rev. 12/19) to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 12/19) is incorporated by reference and available online at 1352https://www.flrules.org/Gateway/reference.asp?No=Ref-117181354.

    1355(b) The Food Establishment submits the permit fee indicated in subsection (4) to the Department; and

    1371(c) The Department conducts an inspection of the Food Establishment, its equipment, and methods of operation, and verifies that provisions of the Florida Food Safety Act, this rule chapter have been met, and the Food Establishment submits to the Department 1411proof that water quality requirements have been met as required by this rule.

    1424(d) A permit number shall be issued to the Food Establishment by the Department after completion of paragraphs (a)–(c) above and is not to be used on any label or in any advertisement of food. Permits shall be conspicuously displayed at locations for which issued and are not transferable. The provisions of this section do not apply to public food service establishments as defined in Chapter 509, F.S.

    1492(e) No food permit shall be issued until all applicable fees required by subsections 15065K-4.004(8), 15075K-4.020(4)-1508(6), and Rule 5K-4.035, F.A.C. have been submitted to the Department.

    1519(3) Any person violating this rule shall be subject to the injunction procedures of Section 1534500.171, F.S., 1536and to the penalties provided in Section 1543500.177, F.S., 1545and Rule 5K-4.035, F.A.C.

    1549(4) Food Permit Fees.

    1553(a) One food permit shall be issued to and one fee shall be charged to the Food Establishment for all food operations at a single location, regardless of whether the location may qualify under the definitions of this subsection for two or more permits. If a location qualifies for two or more permits, only the largest applicable fee shall be charged to that location, except that any location qualifying for a Limited Sales permit shall only be charged the fee applicable to a Limited Sales permit. If the ownership or physical location of a Food Establishment changes 1650during a calendar year, a new food permit application, an inspection meeting requirements, and a fee in the amount specified in subsection 16725K-4.020(4), 1673F.A.C., are required before a food permit shall be issued. Other license or permit fees may apply to a business, however, are not voided by payment of the food permit fee. Fees charged to new 1708Food Establishments 1710shall be the entire applicable fee if the completed application is submitted January 1 through June 30, and shall be fifty percent (50%) of the applicable permit fee if the completed application is submitted July 1 through 1747December 31.

    1749(b) The following schedule of fees is established for each food permit.

    1761Bottling Plant1763385

    1764Bottled Water Plant1767500

    1768Canning Plant1770490

    1771Convenience Store1773330

    1774Convenience Store with Limited Food Service1780430

    1781Convenience Store with Significant Food Service1787475

    1788Food Salvage Center1791470

    1792Food Storage Warehouse1795355

    1796Grocery Store1798540

    1799Health Food Store1802300

    1803Health Food Store with Food Service1809415

    1810Limited Poultry and Egg Farm Operation1816100

    1817Limited Sales1819130

    1820Meat Market1822455

    1823Minor Food Outlet1826300

    1827Minor Food Outlet, Only Non-perishable Foods1833190

    1834Minor Food Outlet with Limited Food Service1841415

    1842Minor Food Outlet with Significant Food Service1849470

    1850Mobile Vendor1852300

    1853Packaged Ice Plant1856250

    1857Processor, Other Non-perishable Foods1861335

    1862Processor, Other Perishable Foods1866490

    1867Rabbit or Game Processor1871390

    1872Retail Bakery1874355

    1875Retail Bakery with Food Service1880490

    1881Salvage Store1883470

    1884Seafood Market1886410

    1887Seafood Processor1889520

    1890Semi-permanent Vendor1892195

    1893Supermarket1894650

    1895Tomato Packing House1898100

    1899Wholesale Bakery1901530

    1902Unattended Food Establishment1905175

    1906Water Vending Machine  190935

    1910(5) Late Fees.

    1913(a) The renewal fee for all food permits shall be the same as the food permit fee required by subsection 19335K-4.020(4), 1934F.A.C., and shall be due annually by January 1. If the renewal fee is not received by the Department within thirty days after its due date, a late fee of $100 must be paid in addition to the food permit fee required by subsection 19785K-4.020(4), 1979F.A.C., before the Department will issue the food permit.

    1988(b) No Food Establishment shall be issued a food permit until all applicable fees, including late fees, are received by the Department.

    2010(6) Recovery of Cost for Reinspections.

    2016(a) A Food Establishment shall pay a fee of $135 to the Department for recovery of the cost incurred to provide each reinspection of the Food Establishment. For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous inspection not meeting requirements. Such inspection not meeting requirements shall be indicated by issuance of an inspection report listing conditions which are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses or environmental health hazards.

    2119(b) Nothing in this section shall prohibit the Department from imposing additional sanctions for violations of Chapter 500, F.S., or the rules promulgated thereunder. The costs of reinspection will be billed by invoice of the Department and the reinspection fee shall be paid within 21 days receipt thereof. Failure to timely pay a reinspection fee is a violation of this chapter and shall be grounds for suspension of the Food Establishment’s food permit.

    2192(c) The fee established for a reinspection shall include the average cost per inspection for inspectors’ salary, benefits, travel, training, equipment, supervision, and other costs or charges directly related to administration of the Food Establishment inspection program.

    2229(d) The fee shall be applicable for each reinspection regardless of whether the reinspection met requirements or did not meet requirements.

    2250(7) Food Establishments permitted pursuant to Section 2257500.12, F.S., 2259shall notify the department within 30 days after closure or dissolution of the business.

    2273Rulemaking Authority 2275500.09, 2276500.12(1)(b), 2277500.12(1)(f), 2278570.07(23) FS. 2280Law Implemented 2282500.04, 2283500.09, 2284500.10, 2285500.12(1)(a), 2286(b), (c), (d), (f), 2290500.12(2), 2291500.12(7), 2292500.121, 2293500.171, 2294500.172, 2295500.177, 2296570.15 FS. 2298History–New 1-10-93, Formerly 5E-6.020, Amended 8-8-95, 3-11-98, 3-6-01, 10-30-01, 1-1-03, 11-1-04, 11-5-07, 10-28-08, 3-1-09, 3-24-14, 3-16-20.