General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods, Mobile Food Establishments and Commissaries, Food Permits; Requirements and Fees, Packaged Ice, Limited Poultry and Egg Farm Operation
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5K-4.004General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods
5K-4.0041Mobile Food Establishments and Commissaries
5K-4.020Food Permits; Requirements and Fees
5K-4.023Packaged Ice
5K-4.033Limited Poultry and Egg Farm Operation
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 62, March 29, 2019 issue of the Florida Administrative Register and the first Notice of Change published in Vol.45 no.237, December 9, 2019 issue of the
5K-4.004 General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods.
The provisions of subsections (1) through (6) shall apply in determining whether the facilities, methods, practices and controls used in the manufacture, processing, packing, holding, retailing or offering for sale of foods are in conformance with or are operated or administered in conformity with this rule to assure that food for human consumption is safe.
(1) through (7) No change.
(8) Review of plans by the Department.
(a) An Applicant or holder of a food permit may request assistance from the Department in the review of construction or remodeling plans to evaluate conformance with requirements as established in this chapter by submitting a completed Plan Review Application, FDACS-14222 (Rev. 12/1911/18), the attachments, and fee to the Department as required in the form. The Plan Review Application, FDACS-14222 (Rev. 12/1911/18) is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.
(b) No change.
(9) No change.
Rulemaking Authority 570.07(23), 500.09, 500.12 FS. Law Implemented 500.04, 500.09, 500.10, 500.12(2)(b), 500.13, 500.172 FS. History–New 3-1-72, Repromulgated 12-31-74, Amended 1-18-83, Formerly 5E-6.04, 5E-6.004, Amended 9-30-96, 7-26-04, ______.
5K-4.0041 Mobile Food Establishments and Commissaries.
(1) Mobile Food Establishments.
(a) Mobile Food Establishments shall meet all applicable requirements as specified in the Mobile Food Permit Requirements (Rev. 12/197/19) incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.
(b) through (f) No change.
(2) No change.
Rulemaking Authority 500.09, 570.07(23) FS., Law Implemented 500.09, 500.12, FS. History–New____.
5K-4.020 Food Permits; Requirements and Fees.
(1) 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. 12/1908-19) to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 12/1908/19) is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.
(b) through (e) No change.
(3) through (4) No change.
(5) Late Fees.
(a) The renewal fee for all food permits shall be the same as the food permit fee required by subsection 5K-4.020(4), F.A.C., and shall be due annually on January 1. If the renewal fee is not received by the department within thirty days after its due date, a late fee of $100 must be paid in addition to the food permit fee required by subsection 5K-4.020(4), F.A.C., before the department will issue the food permit.
(b) through (c) No change.
(6) 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,_______.
5K-4.023 Packaged Ice, Ice Vending Machines, and Water Vending Machines.
(1) through (5) No change.
(6) Water vending machines and ice vending machines shall have the following information displayed in a conspicuous location on the machine as follows:
(a) No change.
(b) Source of water: either approved public water supply or licensed private water source;
(c) Method of treatment to water, if applicable;
(d) Method of post treatment to water, if applicable;
(e)(c) No change.
(f) No change.
(7) through (12) No change.
(13) Commissaries
(a) Ice vending machines shall not operate independent of a Commissary approved by the Department. Each Ice vending machine operator shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) incorporated by reference in paragraph 5K-4.0041(1)(c), F.A.C.
1. through 2. No change.
(b) No change.
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.147, 500.459, 500.511 FS. History–New 1-19-95, Formerly 5E-6.023, Amended 8-8-95,____.
5K-4.033 Limited Poultry and Egg Farm Operation.
(1) through (5) No change.
(6) 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) through (b) No change.
(c) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7 Code of Federal Regulations, Part 57, revision date January 1 April 12, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03708.
Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.01, 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History‒New 3-24-14, Amended,
