On June 30, 2022, the Department received a Petition for Variance from Dakin Dairy Farms, Inc. (Petitioner). Notice of the petition was published in the Florida Administrative Register on July 6, 2022 (Vol. 48, No. 130). ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-10.001Documents Incorporated by Reference and Definitions

5K-10.002Permits, Licenses and Inspections

5K-10.003Dating, Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts

5K-10.004Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants

The Florida Department of Agriculture and Consumer Services hereby gives notice: On June 30, 2022, the Department received a Petition for Variance from Dakin Dairy Farms, Inc. (Petitioner). Notice of the petition was published in the Florida Administrative Register on July 6, 2022 (Vol. 48, No. 130). The petition sought a variance from requirements of and related to the Pasteurized Milk Ordinance (PMO), which is adopted and enforced by the Department. Specifically, Petitioner identified subsection 5K-10.001(a), F.A.C., where the PMO is adopted in rule; paragraph 5K-10.002(1)(a), which requires conformance with the PMO in order to secure and maintain a permit with the Department; paragraphs 5K-10.002(7)(b), (d), & (e), F.A.C., which address routine inspections and tests; and subsections 5K-10.003(3) and 5K-10.004(3), F.A.C., requiring a manufacturing milk plant’s pasteurization equipment to comply with all applicable requirements of the PMO. On September 23, 2022, the Department issued an order denying Petitioner’s request for variance. Petitioner filed a timely hearing request, and the matter was referred to the Division of Administrative Hearings (DOAH). On January 13, 2023, Petitioner and the Department filed a Joint Motion to Cancel Hearing and Hold Matter in Abeyance in the DOAH case (22-3614), agreeing to wait for additional relevant information from the National Conference on Interstate Milk Shipments (NCIMS). On November 17, 2023, the Department received confirmation that NCIMS would be amending the PMO. The Department reevaluated Petitioner’s request in light of the additional information provided, and on January 16, 2024, the Department issued an Amended Order on Petitioner’s request for variance. The Amended Order denied as moot Petitioner’s request for variance from the shelf-life requirements set forth in rule 5K-10.003, F.A.C.; Petitioner’s other variance requests were granted on the condition that compliance with all other applicable laws and rules be maintained, as Petitioner had demonstrated that the purpose of underlying statute will be achieved by other means and that Petitioner would suffer a substantial hardship without the requested relief.

A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Florida Department of Agriculture and Consumer Services, 600 S. Calhoun St., Ste. 254, Tallahassee, FL 32399-0800; [e-mail].