11846239, 5K-4.020 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11846239

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Chapter:

FOOD

Overview

RULE:

5K-4.020	Food Permits; Requirements and Fees
5K-4.021	Training and Certification
5K-4.033	Limited Poultry and Egg Farm Operation

PURPOSE:

The purpose of this rule development is to provide regulatory and economic relief to small farm operations that produce and sell poultry and egg products.  In accordance with the implementing language in House Bill 5001of the 2010 Legislature, an assessment of small farm operations was completed by the Florida Department of Agriculture and Consumer Services and a report entitled, Small Farms: Recommendations to Minimize Costs While Ensuring Food Safety, was provided to the Senate President and Speaker of the House of Representatives of the Florida Legislature by the Commissioner of Agriculture in January 2011.  Since completion and delivery of that report, the Department has worked with interested operators of small farm operations to develop the enclosed proposed rule language that defines a Direct Sale Farm Operation.  
The effect of this proposed rule is to define a Direct Sale Farm Operation as a food establishment and set a minimum fee on such operation.  Proposed rule language establishes the regulatory parameters for a Direct Sale Farm Operation; specifies that for the purposes of this rule a “farm” has the same meaning as provided in s. 823.14, Florida Statutes; exempts Direct Sale Farm Operators from Food Manager Certification requirements; and, allows for recognition and use of exemptions granted by the United States Department of Agriculture (USDA) Food Safety Inspection Service (FSIS), provided regulatory specifications are met as required by the USDA.  Documents detailing the requirements and specifications for such exemptions are adopted by reference in the proposed rule.

SUBJECT:

Creation of a new food establishment in rule identified as a Direct Sale Farm Operation including a definition of such operation; establishment of a permit fee; providing the regulatory parameters for such operation; and, allowing for USDA exemptions applicable to such operation.

RULEMAKING AUTHORITY:

500.09, 500.12(1)(b), 500.12(1)(f), 500.12(6), 570.07(23) FS.

LAW:

500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(6), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15, 570.50(1), (2) FS.

PRINT PUBLISH DATE:

8/10/2012 Vol. 38/32

RELATED STATUTES
AND LAWS:

500.09, 500.12(1)(b), 500.12(1)(f), 500.12(6), 570.07(23) FS., 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(6), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15, 570.50(1), (2) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5K-4.020&PDate=8/10/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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