The rule amendment changes the fee schedule for annual permit fees charged to food establishments. Chapter 2008-107(section 5), Laws of Florida, as passed by the 2008 Legislature, authorizes an increase in fee capacity for the Department to recover ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NO: RULE TITLE
5K-4.020: Food Permits; Requirements and Fees
PURPOSE AND EFFECT: The rule amendment changes the fee schedule for annual permit fees charged to food establishments. Chapter 2008-107(section 5), Laws of Florida, as passed by the 2008 Legislature, authorizes an increase in fee capacity for the Department to recover the cost of services provided relative to issuance of a food permit. This increase in permit fees impacts most food establishments permitted by the Division of Food Safety. This rule amendment further modifies the fee charged for cost recovery for reinspections. Additionally, as authorized by Chapter 2007-67 (section 2), Laws of Florida, the food permit category of Tomato Packing House is included in the schedule of fees.
SUMMARY: This rule modifies the fee schedule for annual permit fees to obtain a food permit and the reinspection fee charged to food establishments. The firm permit category of Tomato Packing House as authorized by Chapter 2007-67 (section 2), Laws of Florida, is also included.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 500.09, 500.12, 570.07(23) FS.
LAW IMPLEMENTED: 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), 500.121, 500.171, 500.172, 500.177 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 22, 2008, 2:00 p.m. – 4:00 p.m.
PLACE: Eyster Auditorium, The Conner Building, 3125 Conner Boulevard, Tallahassee, Florida
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 48 hours before the workshop/meeting by contacting: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: [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 IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5K-4.020 Food Permits; Requirements and Fees.

(1) through (4)(a) No change.

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

Bottled Water Plant	500
Bottling Plant	385
Canning Plant	490 410
Convenience Store	330
Convenience Store with Limited Food Service	430 385
Convenience Store with Significant Food Service	475 465
Food Salvage Center	470 440
Food Storage Warehouse	355
Grocery Store	540 465
Health Food Store	300
Health Food Store with Food Service	415 385
Limited Sales	130 100
Meat Market	455 385
Minor Food Outlet	300
Minor Food Outlet, Only Non-perishable Foods	190
Minor Food Outlet with Limited Food Service	415 355
Minor Food Outlet with Significant Food Service	470 440
Mobile Vendor	300
Packaged Ice Plant	250
Processor, Other Non-perishable Foods	335 330
Processor, Other Perishable Foods	490 410
Rabbit or Game Processor	390 330
Retail Bakery	355
Retail Bakery with Food Service	490 440
Salvage Store	470 410
Seafood Market	410 355
Seafood Processor	520 440
Semi-permanent Vendor	195 190
Supermarket	650 500
Tomato Packing House	100
Wholesale Bakery	530 465

 

(5) No change.

(6) Recovery of Cost for Reinspections.

(a) A food establishment shall pay a fee of $135 110 to the department for recovery of the cost incurred to provide each reinspection of the food establishment.  For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous unsatisfactory inspection.  Such unsatisfactory inspection shall be indicated by issuance of an inspection report listing conditions which are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses or environmental health hazards.

(b) Nothing in this section shall prohibit the department from imposing additional sanctions for violations of Chapter 500, F.S., or the rules promulgated thereunder.  The costs of reinspection will be billed by invoice of the department and the reinspection fee shall be paid within 21 days receipt thereof.  Failure to timely pay a reinspection fee is a violation of this chapter and shall be grounds for suspension of the establishment’s food permit.

(c) The fee established for a reinspection shall include the average cost per inspection for inspectors’ salary, benefits, travel, training, equipment, supervision, and other costs or charges directly related to administration of the food establishment inspection program.

(d) The fee shall be applicable for each reinspection regardless of whether the reinspection is satisfactory or unsatisfactory.  Provided however, a fee for reinspection shall not be required when both of the following conditions are met:

1. The conditions which were deemed unsatisfactory in the prior inspection are in compliance and the overall finding of the reinspection is satisfactory, and

2. No previous reinspection of the establishment has been conducted during the same calendar year.

Specific Authority 500.09, 500.12(1)(b), (f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f),  (2), (7), 500.121, 500.15, 500.171, 500.172, 500.177 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Marion Aller, Director, Division of Food Safety, Department of Agriculture and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008