5K-10.002. Permits, Licenses and Inspections

(1) General Permits.

(a) All Milk Plants, Washing Stations, Out-of-State Processors of Milk and Milk Products, Receiving Stations, Transfer Stations, Single Service Container Manufacturers and Operators of Milk Plants shall submit an application on Form DACS-05019 Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07), hereby incorporated by reference. Milk and Milk Product Distributors shall submit an application on Form DACS-05071 Application for Permit as a Distributor of Milk and Milk Products (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(b) All Bulk Milk Hauling Services shall submit an application on Form DACS-05012 Application for a Milk Hauling Service Permit (Rev. 10/07), hereby incorporated by reference. All Bulk Milk Hauler/Samplers shall submit an application on Form DACS-05060 Application for a Bulk Milk Hauler/Sampler Permit (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(2) Milkfat Tester Permit. To secure and maintain a Milkfat Tester’s Permit, a person must:

(a) Submit, with the $125.00 application fee, a properly completed Form DACS-05029 Application for Milkfat Tester’s License (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(b) Successfully complete on-site evaluation based on the criteria set forth in Chapter 502, F.S., and Section 6 of the PMO, conducted by the department.

(c) Successfully complete a set of split samples provided by the department, by analyzing with each method for which permitting is sought.

(d) Continue to demonstrate the knowledge, ability and equipment to conduct the analysis by the methods permitted and otherwise comply with Chapter 502, F.S., during the permit’s duration.

(e) Permitted milkfat testers, when changing from one approved method to another or when implementing an additional approved method, must give written notice to the department prior to installation of equipment so that an on-site inspection and evaluation can be conducted and permits amended.

(3) Licenses for Frozen Dessert Plants, both in state and out-of-state, selling product in Florida.

(a) Frozen dessert plants utilizing pasteurization shall be subject to the requirements outlined in Chapter 502, F.S., and Rule Chapter 5K-10, F.A.C. A Frozen Dessert Manufacturer is a person who manufactures, processes, converts, partially freezes, or freezes any mix or frozen dessert for distribution without utilizing pasteurization as outlined in Chapter 502, F.S., including ice cream manufacturers that do not utilize pasteurization, and shall be subject to the requirements outlined in Chapter 500, F.S., and Rule Chapter 5K-4, F.A.C.

(b) Frozen dessert plants shall meet the following requirements in order to secure and maintain said license:

1. Submit an Application for License as a Wholesale Manufacturer of Frozen Desserts and/or Mix FDACS 05016 (Rev. 10/07), hereby incorporated by reference with the required fee. The initial $200.00 application fee shall be paid in full with the initial permit application. The renewal $100.00 application fee shall be paid in full with the annual renewal permit application. A Wholesale Manufacturer of Frozen Dessert and/or Mix license for in-state and out-of-state plants shall expire on June 30 of each year.

2. In-State Frozen Dessert Plant must also:

a. Submit facility plans for approval.

b. Submit a label for each product produced for review.

c. Pass a sanitation inspection.

d. Make available all products being produced for sampling. Samples collected shall be analyzed for compliance with Rule 5K-10.003, F.A.C.

3. Out-of-State Frozen Dessert Plant must also submit.

a. A valid permit to produce “frozen desserts” from the responsible food or health regulatory agency.

b. A list of distribution points in Florida during initial permitting and during annual renewal.

c. Documentation evincing that samples taken within the previous six (6) months meet local, state, or federal food safety or health standards from the jurisdiction of origin. The sample results shall meet the requirements of Rule 5K-10.003, F.A.C.

(4) Milk Producer’s Permit. All Milk Producers shall submit an application on Form DACS-05026, Application for Permit as a Florida Milk Producer (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(5) In-state Manufacturing Milk Plants.

(a) All in-state Manufacturing Milk Plants shall submit an application on Form DACS-05019, Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the MMPPP and Chapter 502, F.S.

(b) Firms within the state holding a milk plant permit do not require an additional permit to process manufactured milk products but must comply with the provisions of the MMPPP.

(6) Penalties for Enforcement and Reinstatement of Permits and Licenses.

(a) General Permits listed in subsection (1). Enforcement shall be pursuant to the PMO.

(b) Milkfat Tester’s Permit. Each permitted tester who fails to successfully complete one set of split samples shall have the permit placed in conditional status until the next set of split samples issued by the department has been successfully completed. A permit shall remain conditional for a period not to exceed six months. A milkfat tester shall not:

1. Fail to successfully complete two consecutive sets of split samples, or

2. Falsify records.

(c) Frozen Dessert Plant License. When any requirement of Chapter 502, F.S., or rule under this chapter is violated, the license holder is subject to the suspension of his license. The department shall forego suspension of the license if the product or products in violation are not sold or offered for sale.

(d) Manufacturing Milk Plant Permit. Any manufacturing milk plant whose permit has been suspended may make written application for the reinstatement of its permit. The standards for reinstatement are those set forth in the MMPPP.

(7) Routine Inspections and Tests.

(a) Each business and individual regulated pursuant to this chapter shall permit access of officially designated persons to all parts of its establishment or facilities to determine compliance with the provisions of this chapter. A distributor, plant operator or hauler shall furnish the department, for official use only, a true statement of the actual quantities of products manufactured, and a list of all sources of milk and milk products, records of inspections, tests, and pasteurization time and temperature records as requested. Whenever a milk tank truck has been cleaned and sanitized as required by the department, the outlet valve and manhole dust cover shall be sealed.

(b) General permittees, described in subsection (1) of this rule within the State of Florida shall be subject to ongoing inspections to assure compliance with the PMO’s requirements.

(c) Milkfat Testers shall be subject to periodic split sample tests to assure proficiency.

(d) Frozen Dessert Plants and Manufacturing Milk Plants within the state shall be subject to inspections based upon the criteria and frequency established for milk plant inspections in the PMO. Sampling and testing shall be quarterly, unless test results indicate a more frequent sampling and testing is necessary. Raw milk cheeses shall be tested for pathogens semi-annually.

(e) Pasteurization systems in Manufacturing Milk Plants shall be subject to testing based upon the criteria and frequency established for milk plants in the PMO.

(f) Milk Producers shall be subject to inspections based upon the criteria and frequency described in the PMO.

Rulemaking Authority 502.014 FS. Law Implemented 502.014, 502.053, 502.091, 502.165, 502.231 FS. History–New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.003, Formerly 5K-4.042, Amended 6-20-22, 11-5-23.