The purpose of these proposed rules is to provide regulatory and economic relief to small farm operations that produce and sell poultry and egg products. In accordance with the implementing language in House Bill 5001 of the 2010 Legislature, an ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NOS.:RULE TITLES:
5K-4.020Food Permits; Requirements and Fees
5K-4.021Food Manager Certification
5K-4.033Limited Poultry and Egg Farm Operation
PURPOSE AND EFFECT: The purpose of these proposed rules is to provide regulatory and economic relief to small farm operations that produce and sell poultry and egg products. In accordance with the implementing language in House Bill 5001 of the 2010 Legislature, an assessment of small farm operations was completed by the Florida Department of Agriculture and Consumer Services and a report entitled, Small Farms: Recommendations to Minimize Costs While Ensuring Food Safety, was provided to the Senate President and Speaker of the House of Representatives of the Florida Legislature by the Commissioner of Agriculture in January 2011. Since completion and delivery of that report, the Department has worked with interested operators of small farm operations to develop the enclosed proposed rule language that defines a Limited Poultry and Egg Farm Operation.
The effect of this proposed rule is to define a Limited Poultry and Egg Farm Operation as a food establishment and set a minimal fee on such operation. Proposed rule language establishes the minimum regulatory parameters for a Limited Poultry and Egg Farm Operation; specifies that for the purposes of this rule a “farm” has the same meaning as provided in section 823.14, Florida Statutes; exempts Limited Poultry and Egg Farm Operators from Food Manager Certification requirements; and, allows for recognition and use of regulatory exemptions granted by the United States Department of Agriculture (USDA), provided regulatory specifications are met as required by the USDA. Documents detailing the requirements and specifications for such exemptions are adopted by reference in the proposed rule.
SUMMARY: Creation of a new food establishment in rule identified as a Limited Poultry and Egg Farm Operation including a definition of such operation; establishment of a permit fee that is lower than current fee category; providing the regulatory parameters for such operation; and, allowing for USDA exemptions applicable to such operations. A series of three public workshops were held to receive comments and concerns on the draft rule language. A number of verbal recommendations were received as well and several written comments for revision of proposed rule language. Additionally, a distribution list of small farmers and other interested individuals has been created and utilized to provide updates on the rule language and notification of the pending rule adoption.
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: 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. As part of this analysis, the Department relied upon information provided directly by participating small farmers and interested parties who are actively seeking adoption of this language as an economic relief to current statute and rule language. This rule proposes creation of a new lower cost permitting category that will acknowledge existing federal exemptions to regulations while maintaining compliance with Florida law. 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.
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: 500.09, 500.12(1)(b), 500.12(1)(f), 500.12(6), 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(6), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15, 570.50(1), (2) 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: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, MS – C 18, Tallahassee, FL, 32399-1650, telephone number: [phone]

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 (j) No change.

(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 823.14, Florida Statutes.

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

(m)(l) 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.

(n)(m) 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.

(o)(n) 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.

(p)(o) 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.

(q)(p) 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.

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

(s)(r) 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.

(t)(s) Processor, other perishable foods. A processor of cheese, packaged sandwiches, bulk or packaged salads, or other perishable foods not defined elsewhere in this section.

(u)(t) 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.

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

(w)(v) 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.

(x)(w) 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.

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

(z)(y) 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.

(aa)(z) 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.

(bb)(aa) 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.

(cc)(bb) 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.

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

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

(2) through (3) No change.

(4) (a) No change.

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

Bottling Plant	385
Bottled Water Plant	500
Canning Plant	490
Convenience Store	330
Convenience Store with Limited Food Service	430
Convenience Store with Significant Food Service	475
Food Salvage Center	470
Food Storage Warehouse	355
Grocery Store	540
Health Food Store	300
Health Food Store with Food Service	415
Limited Poultry and Egg Farm Operation	100
Limited Sales	130
Meat Market	455
Minor Food Outlet	300
Minor Food Outlet, Only Non-perishable Foods	190
Minor Food Outlet with Limited Food Service	415
Minor Food Outlet with Significant Food Service	470
Mobile Vendor	300
Packaged Ice Plant	250
Processor, Other Non-perishable Foods	335
Processor, Other Perishable Foods	490
Rabbit or Game Processor	390
Retail Bakery	355
Retail Bakery with Food Service	490
Salvage Store	470
Seafood Market	410
Seafood Processor	520
Semi-permanent Vendor	195
Supermarket	650
Tomato Packing House	100
Wholesale Bakery	530

(5) through (6) No change.

Rulemaking Specific 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,________.

 

5K-4.021 Food Manager Certification.

(1) through (2) No change.

(3) Food establishments shall designate in writing its food manager or managers. The designation shall be posted in a conspicuous place within the food establishment. The following types of food establishments are not required to designate a certified food manager:

(a) Food establishments that are not required to obtain a food permit in accordance with subsections 500.12(1)(a)1.-3., F.S.;

(b) Food establishments that store, sell, or store and sell only pre-packaged, non-potentially hazardous foods that arrive at the food establishment in a pre-packaged state and that are not opened or otherwise further processed by the food establishment;

(c) Food establishments that only process seafood and that are in full compliance with the mandatory HACCP provisions in paragraph 5K-4.002(1)(a), F.A.C.

(d) Tomato packing houses.

(e) Limited poultry and egg farm operation.

(4) through (11) No change.

Rulemaking Specific Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New 1-11-94, Formerly 5E-6.021, Amended 1-23-97, 5-25-98, 3-1-09,__________.

 

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. Such products must be offered for sale at the farm location of the permitted farm operator or at roadside stands, at farmers markets, or at similar open-air market locations where farmers interface directly with the end consumer or, in accordance with the provisions of 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) and, as adopted by reference in subsection 5K-4.033(5) of this rule.

(2) REQUIREMENTS – POULTRY.

(a) For purposes of this rule, 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, is eligible to be permitted as a limited poultry and egg farm operation. This poultry may be sold as human food 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 United States Department of Agriculture (USDA) Food Safety Inspection Service (FSIS). This exemption must be met in accordance with the Poultry Product Inspection Act, Section 464(c)(1)(C) &(c)(3) and Title 9 Code of Federal Regulations §381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and 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). Sale of dressed poultry by a limited poultry and egg farm operator shall be limited to no more than 100 pounds of dressed poultry in any one week in accordance with section 583.01, Florida Statutes. Poultry producers with flocks in excess of 20,000 poultry that seek to process poultry shall be permitted as a processer.

(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.

(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 Code of Federal Regulations 7, Part 57, and administered by the United States Department of Agriculture (USDA) Food Safety and Inspection Service, a shell egg producer that maintains a flock of no more than 3,000 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. Sale of shell eggs by a limited poultry and egg farm operator shall be limited to less than 30 dozen eggs in any one week in accordance with section 583.01, Florida Statutes. Shell egg producers with flocks in excess of 3,000 poultry shall be permitted as a shell egg processer.

(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.

(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 the domesticated chicken, turkey, duck, goose, or guinea.

(c) A limited poultry and egg farm operation shall not sell poultry or egg farm products over the internet, by mail order, or at wholesale. Limited poultry and egg farm operators are allowed to use the internet to advertise and promote their products and receive requests for limited poultry and egg farm products that are available for purchase and pick-up at the permitted farm location, roadside stand, farmer’s market or similar open-air market locations, or by direct delivery to the purchaser.

(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 or upon receipt of complaint only.

(e) Only the permitted limited poultry and egg farm operator, family member, or employee of the farm operation shall sell limited poultry and egg farm operation products, deliver products, or serve as a sales representative for the permitted farm operation. Another permitted limited poultry and egg farm operator can also be used 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. No brokers or dealers in agricultural products as defined in section 604.15(2), Florida Statutes, shall be used to sell limited poultry and egg farm operation products.

(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 Products Inspection Act, revision date February 1, 2010, is accessible through the internet at: http://www.flrules.org/Gateway/reference .

(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 .

(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 .

(d) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Code of Federal Regulations 7, Part 57, revision date April 12, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference .

Rulemaking Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Tiffiani Onifade, Director, Division of Food Safety

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Vol. 38, No. 32, August 10, 2012