Food Permits; Requirements and Fees

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.020Food Permits; Requirements and Fees

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 50 No. 162, August 19, 2024 issue of the Florida Administrative Register.

The SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION should have included the following language:

The Agency has determined that this rule 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 economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied on past practices for submission of application, renewal, and permit dissolution forms by industry and the office’s experience and knowledge of the industry. Additionally, no interested party submitted additional information regarding the economic impact.

The rule revision does not create any additional regulatory burden for food establishments. The amendment allows for food permit applications to be submitted and the requisite initial inspection to occur prior to payment of the permit fee. The application will be considered complete upon receipt of the application, the required inspection and the permit fee. This will not create an increased regulatory burden as it only clarifies the timing of the payment of the permit fee which is already required. The adoption of the Permit Renewal form streamlines the renewal process by providing a more efficient form for food establishments to submit when they renew their permits. The Food Permit Application form is currently being used for renewals. The requirement that food truck applicants provide commissary information on their application does not create an additional burden as that information is already being provided to the inspector during the initial inspection of the food establishment. Finally, amendments to the Permit Dissolution form do not impose additional requirements on the food establishment.

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.