The purpose of this rulemaking is to establish definitions for Inspect, Charitable Food Organizations, Large Food Charities, and Small Food Charities, to reduce permit fees for Large Food Charities, and to eliminate food ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-4.0010Definitions

5K-4.020Food Permits; Requirements and Fees

PURPOSE AND EFFECT: The purpose of this rulemaking is to establish definitions for Inspect, Charitable Food Organizations, Large Food Charities, and Small Food Charities, to reduce permit fees for Large Food Charities, and to eliminate food permit fees for Small Food Charities.

SUMMARY: Annual permit fees for Small Food Charities would be reduced to $0 and Large Food Charities would be reduced to $130.

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 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), 570.07(23) FS.

LAW IMPLEMENTED: 381.0062, 500.03, 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.147, 500.459, 500.171, 500.172, 500.177, 500.511, 570.15 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-4.0010 Definitions.

For the purpose of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply.

(1)   through (6) No change.

(7) Inspect means to examine or employ common investigatory techniques (including, but not limited to, physical inspections, note-taking, taking photographs, or questioning personnel, to determine compliance with section 581.217, chapter 500, F.S. and any rule adopted thereunder.

(7) through (15) renumbered (8) through (16) No change.

Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 381.0062, 500.03, 500.10, 500.12, 500.147, 500.459, 500.511

FS. History‒New 3-16-20, Amended.

 

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 (b) No change.

(c) Charitable Food Organization. An entity that is properly registered as a charity as defined in section 496.404

F.S., has submitted annual forms pursuant to the requirements of section 496.405, F.S., and engages in food activities included under Chapter 500, FS.

(c) through (j) reorganized as (d) through (k). No change.

(l) Large Food Charity. A Charitable Food Organization that qualifies for fees under sections 496.405(4)(a)2.,

F.S. - 496.405(4)(a)7., F.S.

(k) through (bb) reorganized as (m) through (dd) No change

(ee) Small Food Charity. A Charitable Food Organization that qualifies for fees under section 496.405(4)(a)1., F.S.

(cc) through (ff) reorganized as (ff) through (ii) No change.

(2)    Food permits. The Department shall not issue a food permit to a Food Establishment until the following conditions are met:

(a)   The Food Establishment submits a complete Food Permit Application, FDACS-14306 (Rev. 12/19) to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 12/19) is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11718.

(b)   through (e) No change.

(3)   Enforcement

(a)   Any person violating this rule shall be subject to the injunction procedures of Section 500.171, F.S., and to

the penalties provided in Section 500.177, F.S., and Rule 5K-4.035, F.A.C.

(b) A Food Establishment shall not be considered a Large Food Charity or Small Food Charity for purposes of

fees in this rule unless properly registered pursuant to section 496.405, F.S. and will be subject to fees as outlined in this rule based on food activities conducted at the establishment.

(4)   Food Permit Fees.

(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
Large Food Charity	130
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
Small Food Charity	0
Supermarket	650
Tomato Packing House	100
Wholesale Bakery	530
Unattended Food Establishment	175
Water Vending Machine	35

(5)   through (7) No Change.

Rulemaking 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, 3-24-14, 3-16-20, Amended.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Hilliard

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nikki Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 7, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2021