The purpose of this rulemaking is to establish definitions for Charitable Food Organizations, Large Food Charities, and Small Food Charities, to reduce permit fees for Large Food Charities, and to eliminate food permit fees ....

 

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

DIVISION OF FOOD SAFETY

RULE NUMBER:RULE TITLE:

5K-4.020Food Permits; Requirements and Fees

PURPOSE AND EFFECT: The purpose of this rulemaking is to establish definitions for Charitable Food Organizations, Large Food Charities, and Small Food Charities, to reduce permit fees for Large Food Charities, and to eliminate food permit fees for Small Food Charities.

SUMMARY:  Annual permit fees for Small Food Charities would be reduced to $0 and Large Food Charities would be reduced to $130.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.  A SERC has not been prepared by the agency.  The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and described herein:  The department’s proposed rules do not increase fees or otherwise impose any other costs, directly or indirectly, on the regulated industry. Based on this information, the department determined there will be no adverse impact to small businesses and the potential regulatory costs of the proposed rule chapter does not exceed any of the criteria established in Section 120.541(2)(a), F.S. Additionally, no interested party submitted additional information regarding the economic impact.  Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:  500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS.

LAW IMPLEMENTED:  500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.177, 500.511, 570.15 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Chris Hilliard by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5K-4.020 Food Permits; Requirements and Fees.

(1) As used in this rule, the following definitions shall apply in determining food permit fees:

(a) through (b) No change.

(c) Charitable Food Organization. An entity that is registered as a charitable organization as defined in section 496.404 F.S., has submitted annual forms pursuant to the requirements of section 496.405, F.S., and engages in activities subject to a food permit as provided under section 500.12, F.S.

(c) through (j) reorganized as (d) through (k). No change.

(l) Large Food Charity. A Charitable Food Organization that qualifies for fees under sections 496.405(4)(a)2., F.S. - 496.405(4)(a)7., F.S.

(k) through (bb) reorganized as (m) through (dd) No change

(ee) Small Food Charity. A Charitable Food Organization that qualifies for fees under section 496.405(4)(a)1., F.S.

(cc) through (ff) reorganized as (ff) through (ii) No change.

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

(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 https://www.flrules.org/Gateway/reference.asp?No=Ref-11718.

(b) through (e) No change.

(3) Enforcement

(a) Any person violating this rule shall be subject to the injunction procedures of Section 500.171, F.S., and to the penalties provided in Section 500.177, F.S., and Rule 5K-4.035, F.A.C.

(b) A Food Establishment shall not be considered a Large Food Charity or Small Food Charity for purposes of fees in this rule unless properly registered pursuant to section 496.405, F.S. and will be subject to fees as outlined in this rule based on food activities conducted at the establishment.

(4) Food Permit Fees.

(a) No change.

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

Bottling Plant385

Bottled Water Plant500

Canning Plant490

Convenience Store330

Convenience Store with Limited Food Service430

Convenience Store with Significant Food Service475

Food Salvage Center470

Food Storage Warehouse355

Grocery Store540

Health Food Store300

Health Food Store with Food Service415

Large Food Charity130

Limited Poultry and Egg Farm Operation100

Limited Sales130

Meat Market455

Minor Food Outlet300

Minor Food Outlet, Only Non-perishable Foods190

Minor Food Outlet with Limited Food Service415

Minor Food Outlet with Significant Food Service470

Mobile Vendor300

Packaged Ice Plant250

Processor, Other Non-perishable Foods335

Processor, Other Perishable Foods490

Rabbit or Game Processor390

Retail Bakery355

Retail Bakery with Food Service490

Salvage Store470

Seafood Market410

Seafood Processor520

Semi-permanent Vendor195

Small Food Charity     0

Supermarket650

Tomato Packing House100

Wholesale Bakery530

Unattended Food Establishment175

Water Vending Machine  35

(5) through (7) No Change.

Rulemaking Authority 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15 FS. History–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, Amended            .

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Hilliard

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nikki Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 23, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2021