The purpose of this rulemaking is to repeal the regulations provided in Chapter 5K-9 regarding water vending machines. On 3/16/2020, these rules were transferred into section 5K-4.023 Packaged Ice, Ice Vending Machines, ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-9.001Content, Department Responsibilities and Definitions

5K-9.003Permitting Requirements

5K-9.005Source, Construction and Operating Requirements

PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal the regulations provided in Chapter 5K-9 regarding water vending machines. On 3/16/2020, these rules were transferred into section 5K-4.023 Packaged Ice, Ice Vending Machines, and Water Vending Machines.

SUMMARY: Water vending machine regulations have been transferred into 5K-4.023 thus making 5K-9 obsolete.

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 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 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: 500.459(4), 500.459(5)(g), 500.459(6), 500.459(6)(a), 570.07(23) FS.

LAW IMPLEMENTED: 500.459 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: Chris Hilliard by email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5K-9.001 Content, Department Responsibilities and Definitions

Rulemaking Authority 500.459(6), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.001, 5E-16.001, Amended 8-22-95, 9-3-96, 3-18-98., Repealed.

 

5K-9.003 Permitting Requirements.

Rulemaking Authority 500.459(4), 500.459(6)(a), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.003, 5E-16.003, Amended 8-22-95, 3-18-98., Repealed.

 

5K-9.005 Source, Construction and Operating Requirements.

Rulemaking Authority 500.459(5)(g), (6), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.005, 5E-16.005, Amended 8-22-95, 3-18-98., Repealed______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Hilliard, Bureau Chief.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nicole "Nikki" Fried, Commissioner of Agriculture.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2022