5K-4.020: Food Permits; Requirements and Fees
PURPOSE AND EFFECT: The rule amendment changes the fee schedule for annual permit fees charged to food establishments. Chapter 2008-107(section 5), Laws of Florida, as passed by the 2008 Legislature, authorizes an increase in fee capacity for the Department to recover the cost of services provided relative to issuance of a food permit. This increase in permit fees impacts most food establishments permitted by the Division of Food Safety. This rule amendment further modifies the fee charged for cost recovery for reinspections. Additionally, as authorized by Chapter 2007-67 (section 2), Laws of Florida, the food permit category of Tomato Packing House is included in the schedule of fees.
SUMMARY: This rule modifies the fee schedule for annual permit fees to obtain a food permit and the reinspection fee charged to food establishments. The firm permit category of Tomato Packing House as authorized by Chapter 2007-67 (section 2), Laws of Florida, is also included.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 500.09, 500.12, 570.07(23) FS.
LAW IMPLEMENTED: 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), 500.121, 500.171, 500.172, 500.177 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 22, 2008, 2:00 p.m. – 4:00 p.m.
PLACE: Eyster Auditorium, The Conner Building, 3125 Conner Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: (850)488-0295. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: (850)488-0295
THE FULL TEXT OF THE PROPOSED RULE IS:
5K-4.020 Food Permits; Requirements and Fees.
(1) through (4)(a) No change.
(b) The following schedule of fees is established for each food permit.
|
Bottled Water Plant |
500 |
|
Bottling Plant |
385 |
|
Canning Plant |
490 |
|
Convenience Store |
330 |
|
Convenience Store with Limited Food Service |
430 |
|
Convenience Store with Significant Food Service |
475 |
|
Food Salvage Center |
470 |
|
Food Storage Warehouse |
355 |
|
Grocery Store |
540 |
|
Health Food Store |
300 |
|
Health Food Store with Food Service |
415 |
|
Limited Sales |
130 |
|
Meat Market |
455 |
|
Minor Food Outlet |
300 |
|
Minor Food Outlet, Only Non-perishable Foods |
190 |
|
Minor Food Outlet with Limited Food Service |
415 |
|
Minor Food Outlet with Significant Food Service |
470 |
|
Mobile Vendor |
300 |
|
Packaged Ice Plant |
250 |
|
Processor, Other Non-perishable Foods |
335 |
|
Processor, Other Perishable Foods |
490 |
|
Rabbit or Game Processor |
390 |
|
Retail Bakery |
355 |
|
Retail Bakery with Food Service |
490 |
|
Salvage Store |
470 |
|
Seafood Market |
410 |
|
Seafood Processor |
520 |
|
Semi-permanent Vendor |
195 |
|
Supermarket |
650 |
|
Tomato Packing House |
100 |
|
Wholesale Bakery |
530 |
(5) No change.
(6) Recovery of Cost for Reinspections.
(a) A food establishment shall pay a fee of $135 110 to the department for recovery of the cost incurred to provide each reinspection of the food establishment. For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous unsatisfactory inspection. Such unsatisfactory inspection shall be indicated by issuance of an inspection report listing conditions which are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses or environmental health hazards.
(b) Nothing in this section shall prohibit the department from imposing additional sanctions for violations of Chapter 500, F.S., or the rules promulgated thereunder. The costs of reinspection will be billed by invoice of the department and the reinspection fee shall be paid within 21 days receipt thereof. Failure to timely pay a reinspection fee is a violation of this chapter and shall be grounds for suspension of the establishment’s food permit.
(c) The fee established for a reinspection shall include the average cost per inspection for inspectors’ salary, benefits, travel, training, equipment, supervision, and other costs or charges directly related to administration of the food establishment inspection program.
(d) The fee shall be applicable for each reinspection regardless of whether the reinspection is satisfactory or unsatisfactory. Provided however, a fee for reinspection shall not be required when both of the following conditions are met:
1. The conditions which were deemed unsatisfactory in the prior inspection are in compliance and the overall finding of the reinspection is satisfactory, and
2. No previous reinspection of the establishment has been conducted during the same calendar year.
Specific Authority 500.09, 500.12(1)(b), (f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), (2), (7), 500.121, 500.15, 500.171, 500.172, 500.177 FS. History– New 1-10-93, Formerly 5E-6.020, Amended 8-8-95, 3-11-98, 3-6-01, 10-30-01, 1-1-03, 11-1-04, 11-5-07,_________.