The proposed rule will adopt the most recent versions of regulatory documents governing dairies, including the 2023 Pasteurized Milk Ordinance (PMO), and the associated guidance documents, Procedures Governing the Cooperative ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-10.001Documents Incorporated by Reference and Definitions

PURPOSE AND EFFECT: The proposed rule will adopt the most recent versions of regulatory documents governing dairies, including the 2023 Pasteurized Milk Ordinance (PMO), and the associated guidance documents, Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers, and Evaluation of Milk Laboratories. Currently, the 2017 versions of these four documents are adopted by rule. Adoption of the current regulatory documents is needed to ensure compliance with Federal standards as required by the National Conference on Interstate Milk Shipments and to ensure Florida is included on the Interstate Milk Shippers List which is maintained by the Food and Drug Administration. Section 502.014, Florida Statutes, also requires the Department adopt rules implementing chapter 502, Florida Statutes, that are “guided by and may conform to the definitions and standards of the administrative procedures and provisions of the Grade “A” pasteurized milk ordinance and other applicable federal requirements.”

SUMMARY: The proposed change adopts the current Grade A Pasteurized Milk Ordinance (“PMO”) and associated guidance documents needed for compliance with section 502.14, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this 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: Adoption of the 2023 PMO and the associated guidance documents ensures that dairies in Florida may ship milk interstate as provided by the Interstate Milk Shippers List maintained by the FDA. Dairies shipping milk interstate must therefore comply with the PMO regardless of its adoption in rule. Furthermore, Sections 502.053 and 502.091, Florida Statutes, already require dairies and dairy products in Florida comply with the PMO, so there is no additional cost to the producer by adopting the provisions of the PMO and its guidance documents in rule.

The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 502.014, 570.07(23), FS

LAW IMPLEMENTED: 502.012, 502.014, 502.053, 502.091, FS

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brenda Noble, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5K-10.001 Documents Incorporated by Reference and Definitions.

(1) The following materials are hereby incorporated by reference and shall apply in the interpretation and enforcement of Chapter 502, F.S. Copies of all referenced materials are available at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Dairy Industry, 3125 Conner Boulevard, Suite C, Tallahassee, Florida 32399-1650 and online as indicated.

(a) Grade A Pasteurized Milk Ordinance (“PMO”), 2023 2017 Revision, Public Health Service/Food and Drug Administration, its Appendices and notes available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17316 http://www.flrules.org/Gateway/reference.asp?No=Ref-12004.

(b) The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 2017 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17317 http://www.flrules.org/Gateway/reference.asp?No=Ref-12005.

(c) Methods of Making Sanitation Rating of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers (MMSR), 2023 2017 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17318 http://www.flrules.org/Gateway/reference.asp?No=Ref-12055 and http://www.flrules.org/Gateway/reference.asp?No=Ref-12056.

(d) Evaluation of Milk Laboratories, 2023 2017 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17319 http://www.flrules.org/Gateway/reference.asp?No=Ref-12006.

(e) through (n) No change.

(2) No change.

(a) through (k) No change.

(l) “Interstate Milk Shippers (IMS) List” means a list of facilities certified by Milk Sanitation Rating Officers as having attained a score of 90% or greater for sanitation and enforcement compliance rating based on the USPHS/FDA Grade “A” Pasteurized Milk Ordinance, 2023 2017 Revision incorporated by reference in paragraph (1)(a) and produce products in accordance with the procedures set forth in the Methods of Making Sanitation Rating of Milk Shippers and the Certifications/Listing of Single Service Containers and/or Closures for Milk and/or Milk Products Manufacturers (MMSR), 2023 2015 Revision incorporated by reference in paragraph (1)(c).

(m) through (t) No change.

Rulemaking Authority 502.014, 570.07(23) FS. Law Implemented 502.012, 502.014, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08, Formerly 5D-1.001, Formerly 5K-4.041, Amended 9-9-20, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Director, Division of Food Safety

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wilton Simpson, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2024