The purpose of this rulemaking is to clarify statutory fine/penalty authority for violations of chapter 500 and section 581.217, F.S., and Rule Chapter 5K-4, and clarify that all major rule violations shall result in a stop-sale ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-4.020Food Permits; Requirements and Fees

5K-4.035Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify statutory fine/penalty authority for violations of chapter 500 and section 581.217, F.S., and Rule Chapter 5K-4, and clarify that all major rule violations shall result in a stop-sale or stop-use and an administrative fine. The purpose of this rulemaking is also to implement the statutory changes that were passed during the 2023 Legislative Session. To effectuate the statutory changes, “frozen dessert manufacturer” is defined and is added to the permitting fee schedule, the deadlines for applying for food permits is being updated to allow for the issuance of food permits on a rolling basis, and a new form is incorporated which gives food establishments a way to document their closure with the Department.

SUBJECT AREA TO BE ADDRESSED: Penalties for violations of chapter 500, section 581.217(7), F.S., and Rule Chapter 5K-4, definitions, permitting expiration, renewal, and proration, fee schedule, and business closure form.

RULEMAKING AUTHORITY: 500.09, 500.12, 500.12(1)(b), 500.12(1)(f), 570.07(23), 581.217(12), 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, 500.173, 500.174, 500.177, 570.15, 570.161, 581.217(7), FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Trevor Walls via email at [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.