Florida Administrative Code

(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 packer's or repacker's shellfish processing certification number preceded by the state abbreviation must be embossed, imprinted, lithographed, or otherwise permanently and legibly recorded on the external body of containers or on the lid if t…

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

(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 shipping facilities and on shore wet storage operations, the structure shall have seal…

(1) All facility equipment and utensils shall be so designed and of such material and workmanship as to be cleanable, and shall be properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with contaminants. All equip…

(1) General maintenance. Buildings, fixtures, and other physical facilities of the facility shall be maintained and kept in a sanitary condition and shall be kept in repair sufficient to prevent food from becoming adulterated within the meaning of this rule. Cleaning and sanitizi…

(1) The facility shall operate in accordance with the HACCP plan designed and approved by the owner or corporate officers and shall be made available upon request. If facilities, equipment or methods change, the Department must be notified and a modified HACCP plan must be submit…

(1) Washing of shellstock - Shellstock subjected to the heat shock process shall be washed immediately prior to the heat shock operation in potable water. Washing shall be accomplished by spraying water under pressure. Immersing shellfish for washing purposes is prohibited. Shell…

(1) All plans for construction or remodeling of depuration or wet storage facilities shall be reviewed and approved by the Department. Approval is contigent upon the plan meeting the criteria in Rules 5L-1.005 and 5L-1.010, F.A.C. (2) Operating procedures for conducting depuratio…

(1) Start-up phase sampling procedures - When shellfish are delivered to the facility, the following schedule shall be followed: (a) One or more shellfish samples (12 or more shellfish per sample) shall be collected for bacterial examination before the shellfish are submitted to …

(1) Depuration Water Treatment Standards. (a) All controlled processes require quality tests to determine if standards are being met and if controls are effective. The depuration treatment of shellfish is a controlled process designed to reduce bacterial contamination to an accep…

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History-New 1-4-87, Amended 8-10-88, Formerly 16R-7.026, 62R-7.026, Repealed 3-23-17.

(1) Samples of shellfish, processing water, or ice, may be taken at any reasonable time or place by the Department and examined for compliance with sections of this chapter. Samples of shellfish shall be furnished by processors of such shellfish upon request of the Department. (2…

This rule establishes application procedures and best management practices, as provided by Chapter 597, F.S., to be followed by aquaculture producers in order to obtain an aquaculture certificate of registration from the Florida Department of Agriculture and Consumer Services. Ru…

Definitions used in Chapter 5L-3, F.A.C. (1) "Department" means the Florida Department of Agriculture and Consumer Services. (2) "Individual Production Unit" means any pond, tank, raceway, marine net pen, or integrated aquacultural system constructed and maintained in accordance …

All aquaculture producers shall have an aquaculture certificate of registration from the Department and apply the best management practices identified in this rule. The aquaculture certificate of registration shall have a duration as specified in Section 597.004(6), F.S., unless …

(1) The Aquaculture Best Management Practices manual, FDACS-02034 (rev. November 2023) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16342 or may be obtained by contacting the Division of Aquacu…

(1) Any person engaging in aquaculture must be certified by the department. The applicant for a certificate of registration shall submit the following to the department: (a) Applicant's name/title. (b) Company name. (c) Complete mailing address. (d) Legal property description of …

(1) When determined by the Division of Aquaculture's evaluation of facility design and on site inspections, the following individual production units are deemed to have minimal impacts on water resources and are not required to follow the effluent treatment BMPs in Rule 5L-3.004,…

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Section 597.0041, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation within a twelve (12) month p…

(1) "Applicable Best Management Practices" or "Applicable BMPs" means best management practices (BMPs) that have been adopted by Department rule in a BMP checklist and identified by the Enrollee and the Department for implementation on an Enrolled parcel. (2) "Basin Management Ac…

(1) Producers and Landowners in a BMAP area are required by Section 403.067, F.S., to either implement BMPs or other management strategies or to demonstrate their compliance with state water quality standards by conducting water quality monitoring prescribed by DEP or a water man…

(1) Agricultural Best Management Practices (BMPs) are individual practices or combinations of practices that, based on scientific research, field-testing, and expert review, have been identified as the most effective and practicable means for improving water quality and water con…

(1) The Department will provide implementation assistance to Enrollees as follows: (a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrollee has not achieved proper implementation of Applicable BMPs, the Department w…

(1) To qualify as a Temporarily Inactive Operation under the best management practices (BMP) programs listed in subsection (2) or (3) of this rule, an Enrollee must: (a) Have been engaged in active agricultural production on parcels for which temporarily inactive status is being …

Enrollees must keep records for a period of at least five years after they are generated to document implementation and maintenance of the practices identified in the NOI and Applicable BMPs. All documentation is subject to inspection by Department representatives. Rulemaking Aut…

Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g, (b)2.g. FS. History-New 2-5-09, Repealed 2-15-12.

Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History-New 2-5-09, Repealed 2-15-12.

Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History-New 2-5-09, Repealed 2-15-12.

Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History-New 2-5-09, Repealed 2-15-12.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 4-23-09, Repealed 12-22-24.

Statewide best management practices (BMPs) for cattle operations are in the manual titled Florida Cattle Operations , 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24) hereby adopted and incorporated by reference. Copies of the …

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 4-23-09, Repealed 12-22-24.

An Enrollee under Florida Cattle Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24), incorporated by reference in Rule 5M-11.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C. Rulemaking Authorit…

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 4-23-09, Repealed 12-22-24.

The purpose of this rule is to effect, under incentive-based programs, agricultural nonpoint source pollutant reduction in Florida through the implementation of approved conservation plans containing best management practices (BMPs) that have been verified to be effective by the …

(1) "Conservation plan" means a record of the decisions and supporting information for treatment of a unit of land or water, approved by USDA/NRCS or certified by a Technical Service Provider, which meets the requirements of Rule 5M-12.004, F.A.C. (2) "Department" means the Flori…

The following operations may develop and implement site-specific conservation plans, as provided in this rule, to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to the water resources of the state: (1) Commercial livestock operations. (2…

(1) The conservation plan shall be developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4, December 2006 (hereby adopted and incorporated by reference), and shall be consistent with quality criteria for soil, water quality, and water quantity…

To enroll in the BMP program, the participant must submit an Notice of Intent to Implement (NOI) to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice…

Participants must preserve documentation to confirm implementation and maintenance of the BMPs contained in the conservation plan submitted with the NOI. All documentation is subject to inspection. Record keeping shall include: (1) As applicable to the operation, documentation sp…

Pursuant to Sections 403.067(7)(c) and 576.045(4), (5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP as effective in reducing pollutants addressed by the practices are presumed to comply with state wate…

Producers who implement BMPs under this rule shall allow the Department, or the Department in conjunction with FDEP, the applicable water management district or USDA/NRCS representatives, access to the property to confirm implementation, operation, and maintenance of BMPs. Advanc…

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 5-25-11, Repealed 2-24-25.

Statewide best management practices (BMPs) for specialty fruit and nut crop operations are in the manual titled Florida Specialty Fruit and Nut Crop Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS P-01589, rev. 11/24), hereby adopted a…

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 5-25-11, Repealed 2-24-25.

An Enrollee under the Florida Specialty Fruit and Nut Crops Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01589, rev. 11/24), as incorporated by reference in Rule 5M-13.002, F.A.C., is also subject to the requirements of Chapter 5M-…

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 5-25-11, Repealed 2-24-25.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History-New 3-15-12, Repealed 3-12-25.