Food Permits; Requirements and Fees, Food Manager Certification, Limited Poultry and Egg Farm Operation
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5K-4.033Limited Poultry and Egg Farm Operation
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 250, December 30, 2013 issue of the Florida Administrative Register.
The following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published originally in Vol. 39, No.83, April 29, 2013, issue of the Florida Administrative Register.
Proposed Rule 5K-4.033 was developed at the behest of and in cooperation with industry utilizing existing statutory authority to create a limited category of food establishment specific to small poultry and egg farm operations. The department seeks to adopt relevant federal law and code to support these limited operations. The changes to this rule are in response to comments made at a public rule hearing held on May 24, 2013, written comments received from interested parties and department staff, and written comments received from the Joint Administrative Procedures Committee.
The following proposed rule section has been significantly changed to address the identified comments and concerns.
5K-4.033 Limited Poultry and Egg Farm Operation.
(1) PURPOSE.
This rule establishes the regulatory parameters for a farm based food establishment, limited to the provision of whole shell eggs and dressed poultry products only. The basis for establishment of such parameters is the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), derived from language in Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and adopted by reference in subsection 5K-4.002(1)(b), Florida Administrative Code, and, the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, as administered by the USDA Food Safety Inspection Service and adopted by reference in paragraph 5K-4.002(1)(a), Florida Administrative Code.
(2) REQUIREMENTS – POULTRY.
(a) For purposes of this rule, when the criteria for a Producer/Grower – 20,000 Limit Exemption as identified in the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006) is met as determined by the USDA Food Safety Inspection Service (FSIS), a poultry grower that slaughters and minimally processes no more than 20,000 birds in a calendar year, grown on his or her own farm in the State of Florida, shall be permitted as a limited poultry and egg farm operation. Qualification for this exemption, as identified in the above guidance document, must be met in accordance with the Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) &(c)(3) and Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and as adopted by reference in paragraph 5K-4.002(1)(b), F.A.C.
(b) Dressed poultry sold or offered for sale by a limited poultry and egg farm operation must also meet the applicable requirements of Chapter 583, Florida Statutes and Chapter 5K-5, Florida Administrative Code. Sale of dressed poultry by a limited poultry and egg farm operator with a flock of 20,000 or less, shall be limited in accordance with the definition of a “Dealer” in Section 583.01(4), Florida Statutes. Poultry producers with flocks in excess of 20,000 poultry that seek to process poultry shall be permitted as a processer in accordance with § 583.09, Florida Statutes and paragraph 5K-4.020(1)(s), Florida Administrative Code.
(3) REQUIREMENTS – SHELL EGGS.
(a) For purposes of this rule and in compliance with the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, administered by the USDA Food Safety and Inspection Service, and adopted by reference in paragraph 5K-4.002(1)(a), Florida Administrative Code , a shell egg producer that maintains a flock of less than 1,000 poultry within any calendar year, on his or her own farm in the State of Florida, for the purpose of producing shell eggs for human consumption, is eligible to be permitted by this agency as a limited poultry and egg farm operation.
(b) A limited poultry and egg farm operation that sells or offers for sale whole shell eggs must also meet the applicable requirements of Chapter 583, Florida Statutes and Chapter 5K-6, Florida Administrative Code. Sale of shell eggs by a limited poultry and egg farm operator with a flock of less than 1,000 poultry shall be limited in accordance with the definition of a “Dealer” in Section 583.01(4), Florida Statutes. Shell egg producers with flocks in excess of 1,000 poultry shall be permitted as a shell egg processer in accordance with Section 583.09, Florida Statutes and paragraph 5K-4.020(1)(s), Florida Administrative Code.
(4) REQUIREMENTS – GENERAL.
(a) Limited poultry and egg farm operation products shall only be sold within the State of Florida and must not be sold or offered for sale in interstate commerce.
(b) For purposes of this rule, a whole shell egg product or dressed poultry product includes chicken, turkey, duck, goose, guinea, or quail.
(c) A limited poultry and egg farm operation shall not sell poultry or egg farm products by mail order or at wholesale.
(d) Inspection of the premises of a limited poultry and egg farm operation to determine compliance with this rule will be to provide information during the opening inspection and permitting process or upon receipt of a valid complaint.
(e) No brokers or dealers in agricultural products as defined in Section 583.01(4) or 604.15(2), Florida Statutes, may be used to sell limited poultry and egg farm operation products. Only the permitted limited poultry and egg farm operator, family member or employee of the farm operation may sell limited poultry and egg farm operation products, deliver products or serve as a sales representative for the permitted farm operation. A permitted limited poultry and egg farm operator may also use another permitted limited poultry and egg farm operator to facilitate delivery or sales of farm products at a roadside stand, farmer’s market or similar open-air market locations, or by direct delivery to the purchaser.
(5) MATERIALS ADOPTED BY REFERENCE. All documents and materials referenced in this rule are hereby adopted and incorporated by reference and are available as follows:
(a) The Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) &(c)(3) revision date January 3, 2012, is accessible through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref______.
(b) Title 9, Volume 1, Parts 1 to 199, Code of Federal Regulations, revised as of January 1, 2000, is accessible through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref______.
(c) The USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act; revision date April 1, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref______.
(d) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7 Code of Federal Regulations, Part 57, revision date April 12, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref______.
Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.01, 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History–New_________.
