The purpose of this rule development 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 5001of the 2010 Legislature, an ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NO.: RULE TITLE:
5K-4.020: Food Permits; Requirements and Fees
5K-4.021: Food Manager Certification
5K-4.033: Direct Sale Farm Operation

PURPOSE AND EFFECT: The purpose of this rule development 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 Direct Sale Farm Operation.

The effect of this proposed rule is to define a Direct Sale Farm Operation as a food establishment and set a minimum fee on such operation. Proposed rule language establishes the regulatory parameters for a Direct Sale 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 Direct Sale Farm Operators from Food Manager Certification requirements; and, allows for recognition and use of exemptions granted by the United States Department of Agriculture (USDA) Food Safety Inspection Service (FSIS), 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.

SUBJECT AREA TO BE ADDRESSED: Creation of a new food establishment in rule identified as a Direct Sale Farm Operation including a definition of such operation; establishment of a permit fee; providing the regulatory parameters for such operation; and, allowing for USDA exemptions applicable to such operation.

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.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:

DATES AND TIMES: August 29, 2012, 2:00 p.m. – 4:00 p.m.; August 31, 2012, 2:00 p.m. – 4:00 p.m.; September 13, 2012, 2:00 p.m. – 4:00 p.m.

PLACES:

(08/29/12) – The Conner Building, The Eyster Auditorium, 3125 Conner Boulevard, Tallahassee, Florida 32399

(08/31/12) – The Doyle Conner Building, Division of Plant Industry Auditorium, 1911 S.W. 34 Street, Gainesville, Florida 32608

(09/13/12) – The Florida Citrus Building, The Florida Room, 500 Third Street N.W., Winter Haven, Florida 33881-3403

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, MS #C18, Tallahassee, FL 32399-1650, telephone number: [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, MS #C18, Tallahassee, FL 32399-1650, telephone number: [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 (e) No change.

(f) Direct sale farm operation. A farm based food establishment which offers only dressed poultry or whole shell eggs for direct sale to the consumer. No additional processing or food preparation allowed. For purposes of this rule, “farm” has the same meaning as provided in Section 823.14, Florida Statutes.

(g)(f) Food salvage center. A firm specializing in sorting, segregating and re-working damaged foods, primarily for wholesale distribution.

(h)(g) Food storage warehouse. A cold storage warehouse, a dry storage warehouse, or a commercial food distribution center.

(i)(h) Grocery store. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains four or fewer check-out registers and less than 15,000 total square footage, including display, preparation and storage areas.

(j)(i) Health food store. A retail food store engaged primarily in the sale of prepackaged vitamins, minerals, nutritional supplements and foods intended for health conscious persons but with no food service or retail food processing.

(k)(j) Health food store with food service. A health food store where food 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, but with no retail food processing.

(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
Direct Sale Farm Operation	100
Food Salvage Center	470
Food Storage Warehouse	355
Grocery Store	540
Health Food Store	300
Health Food Store with Food Service	415
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) Direct sale 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 Direct Sale Farm Operation.

(1) PURPOSE.

This rule establishes the regulatory parameters for a farm based food establishment, which provides direct sales to consumers only, at the farm location of the permitted operator or at roadside stands, at farmers markets, or at similar open-air market locations where farmers interface directly with the end consumer. Products permitted for direct sale farm operations are limited to whole shell eggs and dressed poultry products only.

(2) REQUIREMENTS – POULTRY.

(a) For purposes of this rule, a poultry grower may slaughter and process, on his or her own premises within the State of Florida, no more than 20,000 birds grown on his or her own farm in a calendar year and be permitted as a direct sale 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 and such exemption is granted 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).

(b) Dressed poultry sold or offered for sale by a direct sale 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, a shell egg producer that maintains a flock of laying hens of no more than 1000 birds within any calendar year, on his or her own premises in the State of Florida, for the purpose of producing shell eggs for human consumption, may be permitted as a direct sale farm operation. Shell egg producers with flocks in excess of 1000 laying hens shall be permitted as a shell egg processer and subject to the regulatory requirements of such classification.

(b) A direct sale farm operation that sells or offers for sale shell eggs must also meet the applicable requirements of Chapter 583, Florida Statutes and Chapter 5K-6, Florida Administrative Code.

(4) REQUIREMENTS – GENERAL.

(a) A direct sale farm operation may only sell or offer for sale their products at the permitted farm location, at a roadside stand, at a farmer’s market or at similar open-air market locations where farmers interface directly with the end consumer.

(b) Direct sale farm operation products may only be sold within the State of Florida and may not be sold or offered for sale in interstate commerce.

(c) A direct sale farm operation may not sell or offer for sale direct sale farm products over the internet, by mail order, or at wholesale. Direct sale farm operators may use the internet to advertise and promote their products and receive requests for direct sale farm products that may be picked up for purchase at the permitted farm location, roadside stand, farmer’s market or similar open-air market locations, or by direct delivery to the purchasing consumer.

(d) Inspection of the premises of a direct sale farm operation to determine compliance with this rule will be based upon receipt of complaint or to provide information during the opening inspection.

(f) Only the permitted direct sale farm operator, direct family member or employee of the direct sale farm operation may sell direct sale farm products, deliver products or serve as a sales representative for the permitted direct sale farm operation. No brokers or dealers in agricultural products as defined in Section 604.15(2), F.S., may be used to sell direct sale 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 on the USDA FSIS website 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 available through the internet on the U.S. Government Printing Office via GPO Access website 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 on the USDA FSIS website at: http://www.flrules.org/Gateway/reference.

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