27353629, 5K-10.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27353629

Notice of Proposed Rule

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. The proposed rule implements changes made to section 502.042, F.S., by removing the requirement that the Department conduct periodic shelf-life studies and periodic sampling of milk. The proposed rule sets out the shelf-life testing procedures and methods to be used by the Department for shelf-life testing when it verifies the shelf-life set by the producer or manufacturer. Additionally, the proposed rule removes an outdated reference to Rule 5D-10.001, Florida Administrative Code, and replaces it with the correct rule reference, Rule 5K-10.001, Florida Administrative Code. References to grade A milk are updated by capitalizing and adding quotation marks for proper terminology description of Grade “A”. The proposed rule also updates established guidelines for administering penalties for violations and institutes a more defined enforcement matrix for common issues found in the dairy industry.

SUMMARY:

The proposed rule addresses the use of pasteurization for frozen desserts in accordance statutory changes to chapter 502, F.S., during the 2023 legislative session. The proposed changes clarify that facilities producing frozen desserts utilizing pasteurization are regulated pursuant to the rule and chapter 502, FS, and facilities producing frozen desserts that do not utilize pasteurization are regulated pursuant to chapter 500, FS. The proposed rule provides required updates to implement statutory changes to shelf-life requirements for certain dairy products. Section 581.217, F.S., sets out the state hemp program and the department’s regulatory authority thereof. 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), 570.971(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:

7/21/2023 Vol. 49/141

COMMENTS:

From 7/21/2023 To 8/11/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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