27428513, 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: 27428513

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-4.035	Guidelines for Imposing Administrative Penalties

PURPOSE:

The purpose of this rulemaking is to clarify statutory fine/penalty authority for violations of chapter 500 and section 581.217, F.S., and Rule Chapter 5K-4 and clarify that all major rule violations shall result in a stop-sale or stop-use and an administrative fine.  The purpose of this rulemaking is also to implement the statutory changes that were passed during the 2023 Legislative Session. To effectuate the statutory changes, “frozen dessert manufacturer” is defined and is added to the permitting fee schedule, the deadlines for applying for food permits is being updated to allow for the issuance of food permits on a rolling basis, and a new form is incorporated which gives food establishments a way to document their closure with the Department.

SUMMARY:

This proposed rule addresses penalties for violations of chapter 500, section 581.217(7), F.S., and Rule Chapter 5K-4. Due to statutory changes a rule update is required to implement changes to definitions, permitting expiration, renewal, and proration, and the fee schedule.

RULEMAKING AUTHORITY:

500.09, 500.12, 500.12(1)(b), 500.12(1)(f), 570.07(23), 581.217(7), FS.

LAW:

500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.172, 500.173, 500.174, 500.177, 570.15, 570.161, 581.217(7) FS.

PRINT PUBLISH DATE:

8/11/2023 Vol. 49/156

COMMENTS:

From 8/11/2023 To 9/1/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-11722 Stop-Sale, or Stop-Use Order

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