5K-4.020. Food Permits; Requirements and Fees  


Effective on Monday, March 24, 2014
  • 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 457823.14, F.S.

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

    481(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.

    522(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.

    578(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.

    632(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.

    701(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.

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

    785(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.

    816(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.

    841(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.

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

    899(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.

    956(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.

    1043(y) Salvage store. A retail food store specializing in salvage foods.

    1054(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.

    1087(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.

    1146(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.

    1177(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.

    1216(dd) Tomato Packing House means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

    1239(ee) Wholesale bakery. A food establishment that bakes breads, pastries or other similar baked goods, primarily for wholesale distribution.

    1258(2) No food permit shall be issued until an inspection has been made of the establishment and its equipment and methods of operation, and these found to comply with the provisions of the Florida Food Safety Act and rules adopted thereunder. A permit number will be assigned by the department following receipt of the Annual Food Permit Application, DACS-14306, (Rev. 131806/03), herein incorporated by reference, a copy of which can be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. The above application shall bear the signature of the applicant or applicant’s agent, a satisfactory report of inspection, and a fee in the amount specified in subsection 13785K-4.020(4), 1379F.A.C. Said permit number shall not 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.

    1429(3) Any person violating this rule shall be subject to the injunction procedures of Section 1444500.171, F.S., 1446and to the penalties provided in Section 1453500.177, F.S.

    1455(4) Food Permit Fees.

    1459(a) One food permit shall be issued to and one fee shall be charged to a person 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 firm changes 1554during a calendar year, a new food permit application, a satisfactory report of inspection, and a fee in the amount specified in subsection 15775K-4.020(4), 1578F.A.C., is 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 new food permit applicants shall be the entire applicable fee if the completed application is submitted January 1 through June 30, and shall be sixty percent (60%) of the applicable fee if the completed application is submitted July 1 through 1651December 31.

    1653(b) The following schedule of fees is established for each food permit.

    1665Bottling Plant

    1667385

    1668Bottled Water Plant

    1671500

    1672Canning Plant

    1674490

    1675Convenience Store

    1677330

    1678Convenience Store with Limited Food Service

    1684430

    1685Convenience Store with Significant Food Service

    1691475

    1692Food Salvage Center

    1695470

    1696Food Storage Warehouse

    1699355

    1700Grocery Store

    1702540

    1703Health Food Store

    1706300

    1707Health Food Store with Food Service

    1713415

    1714Limited Poultry and Egg Farm Operation

           1720100

    1721Limited Sales

    1723130

    1724Meat Market

    1726455

    1727Minor Food Outlet

    1730300

    1731Minor Food Outlet, Only Non-perishable Foods

    1737190

    1738Minor Food Outlet with Limited Food Service

    1745415

    1746Minor Food Outlet with Significant Food Service

    1753470

    1754Mobile Vendor

    1756300

    1757Packaged Ice Plant

    1760250

    1761Processor, Other Non-perishable Foods

    1765335

    1766Processor, Other Perishable Foods

    1770490

    1771Rabbit or Game Processor

    1775390

    1776Retail Bakery

    1778355

    1779Retail Bakery with Food Service

    1784490

    1785Salvage Store

    1787470

    1788Seafood Market

    1790410

    1791Seafood Processor

    1793520

    1794Semi-permanent Vendor

    1796195

    1797Supermarket

    1798650

    1799Tomato Packing House

    1802100

    1803Wholesale Bakery

    1805530

    1806(5) Late Fees.

    1809(a) The renewal fee for all food permits shall be the same as the food permit fee required by subsection 18295K-4.020(4), 1830F.A.C., and shall be due annually on January 1. If the renewal fee is not received by the department within thirty days after its due date, a late fee must be paid in addition to the food permit fee required by subsection 18725K-4.020(4), 1873F.A.C., before the department will issue the food permit.

    1882(b) If a renewal fee is not paid in full by February 1, a late fee of $100 shall be assessed against the establishment.

    1906(c) No establishment shall be issued a food permit until all applicable fees, including late fees, are received by the department.

    1927(6) Recovery of Cost for Reinspections.

    1933(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 unsatisfactory inspection. Such unsatisfactory inspection 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.

    2032(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 establishment’s food permit.

    2104(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.

    2141(d) The fee shall be applicable for each reinspection regardless of whether the reinspection is satisfactory or unsatisfactory. Provided however, a fee for reinspection shall not be required when both of the following conditions are met:

    21771. The conditions which were deemed unsatisfactory in the prior inspection are in compliance and the overall finding of the reinspection is satisfactory, and

    22012. No previous reinspection of the establishment has been conducted during the same calendar year.

    2216Rulemaking Authority 2218500.09, 2219500.12(1)(b), 2220500.12(1)(f), 2221570.07(23) FS. 2223Law Implemented 2225500.04, 2226500.09, 2227500.10, 2228500.12(1)(a), 2229(b), (c), (d), (f), 2233500.12(2), 2234500.12(7), 2235500.121, 2236500.171, 2237500.172, 2238500.177, 2239570.15 FS. 2241History–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.

     

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