27330446, 5K-10.002 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 27330446

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Chapter:

MILK, MILK PRODUCTS AND FROZEN DESSERTS

Overview

RULE:

5K-10.002	Permits, Licenses and Inspections
5K-10.003	Dating, Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts
5K-10.005	Guidelines for Imposing Administrative Penalties

PURPOSE:

The purpose of this rule development is to clarify specific sanitation requirements that apply to facilities that utilize pasteurization and to those that do not utilize pasteurization.  Section 502.042, F.S., was amended during the 2023 legislative session to remove the requirement that the department govern the shelf-life of select dairy products and control the process by which the shelf-life of such products may be extended. The rule is being updated to reflect the changes to the statute and to establish the shelf-life testing procedures and methods to be used by the department when it verifies the shelf-life set by the producer or manufacturer. The proposed rule also removes and replaces an outdated rule reference and corrects references to Grade “A” milk.  The rulemaking will also update established guidelines for administering penalties for violations. Additionally, the updated rule package will institute a more defined enforcement matrix for common issues found in the dairy industry.

SUBJECT:

Updates rule language addressing the use of pasteurization for frozen desserts in accordance statutory changes to chapter 502, F.S, and updates the department’s regulation of shelf-life testing and controls over shelf-life extensions for certain dairy products to correspond with recent amendments to section 502.042, F.S. Chapter 502, F.S. establishes the Department’s authority to regulate milk, milk products and frozen desserts as defined therein. Section 581.217, F.S., sets out the state hemp program and the Department’s regulatory authority therein. This rulemaking provides administrative penalties for violations of regulations governing milk, milk products and frozen desserts and the hemp program, and allows the Department to ensure a safe food supply for consumers.

RULEMAKING AUTHORITY:

500.09, 502.014, 502.042, 570.07(23), 570.0971(5), 581.217(12) F.S.

LAW:

502.014, 502.042, 502.053, 502.091, 502.121, 502.165, 502.231, 581.217(7) F.S.

PRINT PUBLISH DATE:

7/14/2023 Vol. 49/136

RELATED STATUTES
AND LAWS:

500.09, 502.014, 502.042, 570.07(23), 570.0971(5), 581.217(12) F.S., 502.014, 502.042, 502.053, 502.091, 502.121, 502.165, 502.231, 581.217(7) F.S.

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-10.002&PDate=7/14/2023&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.