The purpose of this rule development is to clarify specific sanitation requirements that apply to facilities that utilize pasteurization and to those that do not utilize pasteurization. Section 502.042, F.S., was amended ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-10.002Permits, Licenses and Inspections

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

5K-10.005Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: The purpose of this rule development is to clarify specific sanitation requirements that apply to facilities that utilize pasteurization and to those that do not utilize pasteurization. Section 502.042, F.S., was amended during the 2023 legislative session to remove the requirement that the department govern the shelf-life of select dairy products and control the process by which the shelf-life of such products may be extended. The rule is being updated to reflect the changes to the statute and to establish the shelf-life testing procedures and methods to be used by the department when it verifies the shelf-life set by the producer or manufacturer. The proposed rule also removes and replaces an outdated rule reference and corrects references to Grade “A” milk. The rulemaking will also update established guidelines for administering penalties for violations. Additionally, the updated rule package will institute a more defined enforcement matrix for common issues found in the dairy industry.

SUBJECT AREA TO BE ADDRESSED: Updates rule language addressing the use of pasteurization for frozen desserts in accordance statutory changes to chapter 502, F.S, and updates the department’s regulation of shelf-life testing and controls over shelf-life extensions for certain dairy products to correspond with recent amendments to section 502.042, F.S. Chapter 502, F.S. establishes the Department’s authority to regulate milk, milk products and frozen desserts as defined therein. Section 581.217, F.S., sets out the state hemp program and the Department’s regulatory authority therein. This rulemaking provides administrative penalties for violations of regulations governing milk, milk products and frozen desserts and the hemp program, and allows the Department to ensure a safe food supply for consumers.

RULEMAKING AUTHORITY: 500.09, 502.014, 502.042, 570.07(23), 570.0971(5), 581.217(12) F.S.

LAW IMPLEMENTED: 502.014, 502.042, 502.053, 502.091, 502.121, 502.165, 502.231, 581.217(7) F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ben Rosson via email at

[e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.