12938459, 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: 12938459

Notice of Proposed Rule

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 these proposed rules 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 5001 of 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 Limited Poultry and Egg Farm Operation.  
The effect of this proposed rule is to define a Limited Poultry and Egg Farm Operation as a food establishment and set a minimal fee on such operation.  Proposed rule language establishes the minimum regulatory parameters for a Limited Poultry and Egg Farm Operation; specifies that for the purposes of this rule a “farm” has the same meaning as provided in section 823.14, Florida Statutes; exempts Limited Poultry and Egg Farm Operators from Food Manager Certification requirements; and, allows for recognition and use of regulatory exemptions granted by the United States Department of Agriculture (USDA), 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.

SUMMARY:

Creation of a new food establishment in rule identified as a Limited Poultry and Egg Farm Operation including a definition of such operation; establishment of a permit fee that is lower than current fee category; providing the regulatory parameters for such operation; and, allowing for USDA exemptions applicable to such operations.  A series of three public workshops were held to receive comments and concerns on the draft rule language.  A number of verbal recommendations were received as well and several written comments for revision of proposed rule language.  Additionally, a distribution list of small farmers and other interested individuals has been created and utilized to provide updates on the rule language and notification of the pending rule adoption.

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:

4/29/2013 Vol. 39/83

COMMENTS:

From 4/29/2013 To 5/20/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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