Florida Administrative Code

(1) Inspections. The Department shall inspect the areas where Edibles are produced or manufactured at an MMTC to ensure compliance with the requirements of Chapter 500, F.S., and this rule chapter. (2) Reinspections. Any reinspection required for an MMTC shall be charged a fee of…

(1) Edibles may not be manufactured, distributed, or sold under the Cottage Food Operations Law in Section 500.80, F.S. (2) Food used to create Edibles shall be as defined in Section 500.03(1)(n), F.S. (3) Marijuana Oil shall not be considered an unapproved food additive as defin…

(1) This rule sets forth the guidelines the Department will follow in imposing the penalties authorized under Chapter 500, F.S. relative to the production and manufacture of Edibles. The purpose of the guidelines is to give notice of the range of penalties that will be imposed fo…

For the purpose of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply. (1) Candy is a type of confectionery that does not require refrigeration. Candy includes hard candies such as lollipops, chocolates, chocolate or sugar covered fruits or …

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safet…

The provisions of subsections (1) through (6) shall apply in determining whether the facilities, methods, practices and controls used in the manufacture, processing, packing, holding, retailing or offering for sale of foods are in conformance with or are operated or administered …

(1) Mobile Food Establishments. (a) Mobile Food Establishments shall meet all applicable requirements as specified in the Mobile Food Permit Requirements (Rev. 12/19) incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11770. (b)…

(1) A Retail Food Establishment shall obtain a special process approval from the Department before the following: (a) Smoking food as a method of food preservation rather than as a method of flavor enhancement; (b) Curing food; (c) Using food additives or adding components such a…

(1) As used in this rule, the following definitions shall apply in determining food permit fees: (a) Bottling plant. A processor or packer or both of juices, drinks, carbonated beverages or non-carbonated beverages in hermetically sealed containers (excluding bottled drinking wat…

(1) Food Manager Certification. All Retail Food Establishments shall have a certified food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for food Protection-recognized accrediting agency as con…

(1) In addition to the requirements in the Florida Food Safety Act, and all applicable rules in Chapter 5K-4, F.A.C., packaged ice plant operators, water vending machines, and ice vending machines shall comply with the following rule. Ice vending machines shall be permitted as Pa…

(1) Definitions. (a) "Department" means the State of Florida Department of Agriculture and Consumer Services. (b) "Produce" shall mean fresh fruits and vegetables. (c) "Produced in any country other than the United States" means grown and harvested outside of the United States, t…

(1) This standard applies to all honey produced by honey bees from nectar and covers all styles of honey presentation that are processed and ultimately intended for direct consumption and to all honey packed, processed or intended for sale in bulk containers as honey, that may be…

The following shall be prima facie evidence of adulteration under Section 500.10(2)(d), F.S., or misbranding under Section 500.11(1)(g), F.S., of any product sold or offered for sale as honey: (1) The product has a maltose content in excess of 10%; or (2) The product contains oli…

(1) Purpose. (a) This rule establishes inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in tomato packing houses in Florida, as provided by Chapters 500 and 570, F.S. (b) In addition to the requirements in statute, Cha…

(1) Definitions. The definitions provided in Section 500.03, F.S., and the following shall apply to this rule: (a) "Approved Source" means an establishment manufacturing Kratom Products for human consumption that meets local, state, or federal regulatory food safety or health sta…

(1) Purpose. This rule establishes the regulatory parameters for a farm based Food Establishment, limited to the provision of whole shell eggs and dressed poultry products only. (2) Definitions. (a) "Limited Poultry Farm Operation" means a farm-based Food Establishment which dire…

(1) Products. (a) Section 500.03, F.S., defines "food" to include hemp extract as defined in Section 581.217, F.S. As such, products consisting of or containing Hemp or Hemp Extract intended for Human Consumption are subject to the requirements of Chapter 500, F.S., Section 581.2…

(1) This rule sets forth guidelines the Department will follow in imposing the penalties authorized under Chapter 500, and section 581.217, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-ye…

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.012, 502.014, 503.031, 502.053, 502.091 FS. History-New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08, Formerly 5D-1.001,…

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.032, 502.053, 502.091, 502.165, 502.231, 503.031, 503.041, 503.051 FS. History-New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4…

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.042, 502.091, 503.031 FS. History-New 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03, 4-14-08, …

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History-New 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.012, Transferred to 5K-10.004.

(1) Grade and part name or whole bird statement. The required declaration of grade and part name or whole bird statement must appear on the face of all tags or labels; and, in the case of reversible tags where trade-marks and extraneous advertising material are shown on both side…

(1) In all advertisements, including placards, window, posters, newspapers, radio and television, the State requirement of grade and part name or whole bird statement must be stated. (2) Unit price quotation. Where individual birds are advertised and price is quoted per head, min…

All dealers shall keep for a period of two years all invoices, manifests, bills of lading, warehouse receipts, receiving and delivery receipts, record of checks issued, bank deposits, bank account statements, and paid checks, ledgers, books of accounts, memoranda or other equival…

(1) General. (a) The Florida standards for quality contained in this section are applicable as indicated in the headings with respect to said sections, to individual carcasses of ready-to-cook poultry, to parts of ready-to-cook poultry as described in subsection (2) of this secti…

(1) General. (a) The standards of grades are applicable to dressed and drawn (ready-to-cook) poultry and poultry parts of all kinds and classes, and are based on the standards of quality set forth in Chapter 5K-5, F.A.C. (b) All terms in the standards of grades shall have the sam…

Undomesticated, commonly termed game birds, are not considered as coming under the interpretation of poultry as defined in the law. Rulemaking Authority 583.17 FS. Law Implemented 583.01 FS. History-New 3-30-78, Amended 12-23-84, Formerly 5E-7.12, 5E-7.012.

(1) Definitions. As used in this rule, the following definitions shall apply: (a) Non-scheduled days means days not scheduled in the application for service. (b) Department means the Florida Department of Agriculture and Consumer Services. (c) Non-resident location means a produc…

The Department adopts by reference 7 C.F.R. Part 70, Subpart A, revised as of January 1, 2019 http://www.flrules.org/Gateway/reference.asp?No=Ref-11868, and as amended in the 84 Federal Register dated September 23, 2019 (49637-49644) http://www.flrules.org/Gateway/reference.asp?N…

(1) When offered for sale. It shall be considered that eggs are being offered for sale when housed within any wholesale, retail or other type place of business, in proximity of any loading or unloading platform or when a truck or other carrier of eggs comes to rest within the Sta…

(1) Newspaper, periodical, window, showcase, handbill, radio, television or other forms of advertising. All forms of advertisements shall clearly and definitely convey the grade and size of the eggs advertised. No statement, picture or advertising of any kind which exaggerates, e…

Grades of internal quality of shell eggs shall be determined by candling and only after candling may a quality grade be declared by any dealer or packer of shell eggs. It is recommended that eggs be candled by using a candler with sufficient light intensity at the aperture to per…

(1) Florida standards for quality of individual shell eggs. (a) Application. 1. The Florida standards for quality of individual shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell. 2. Interior …

(1) Definitions. As used in this rule, the following definitions shall apply: (a) Non-scheduled days means days not scheduled in the application for service. (b) Department means the Florida Department of Agriculture and Consumer Services. (c) Non-resident location means a produc…

The Department adopts by reference 7 C.F.R. Part 56, Subpart A, revised as of January 1, 2019 http://www.flrules.org/Gateway/reference.asp?No=Ref-11869, and as amended in the 84 Federal Register dated September 23, 2019 (49637-49644) http://www.flrules.org/Gateway/reference.asp?N…

(1) A shellfish processing facility certification is required to operate any shellfish processing facility. (2) It is the intent of the Department to establish regulations and specifications to be known as the Comprehensive Shellfish Control Code, relating to sanitary practices f…

(1) Adulterated - any shellfish harvested from closed waters; any shellfish shucked, packed, or otherwise processed in a facility which has not been certified by the Department in accordance with the requirements of these rules; any shellfish contaminated as determined by microbi…

(1) The Department shall describe or illustrate harvesting areas and provide harvesting area classifications as approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified as defined herein, including criteria for opening and closing shellf…

(1) Shellfish offered for sale at the wholesale market level shall be deemed to be "adulterated" as defined in subsection 5L-1.002(1), F.A.C., and Section 500.10, F.S., and will be subject to rejection or seizure by the Department when it exceeds the following bacteriological cri…

(1) The following form is hereby adopted and incorporated by reference and may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399 and available online as indicated: Shellfish Processing Facility Cert…

(1) The Department shall initiate enforcement action as follows: (a) The Department shall inspect all certified shellfish processing facilities as necessary. The deficiency(ies) cited in an inspection report shall be documented regardless of the type of inspection being conducted…

(1) Shucked shellfish container - The shucker-packer's or repacker's shellfish processing facility certification number preceded by the state abbreviation must be embossed, imprinted, lithographed, or otherwise permanently and legibly recorded on the external body of containers o…

(1) Wet storage shall be conducted upon execution of an agreement between a person, firm, or corporation possessing a shellfish processing facility certificate and the Department. Each agreement shall include the following provisions: (a) The coordinates in Latitude and Longitude…

(1) Aquacultured shellfish are the only shellfish allowed to be relayed. (2) Only certified shellfish aquaculturists are eligible to apply for a Special Activity License to Relay Aquacultured Shellfish. (3) Any certified shellfish aquaculturist wishing to conduct aquacultured she…

(1) Facility construction and design. Buildings and structures shall be suitable in size, construction, and design to facilitate sanitary operations for food processing purposes. For shellstock shippers and onshore wet storage operations, the structure shall have sealed flooring …