Florida Administrative Code

(1) The Tomato Best Practices Manual (FDACS-P-01580, Rev.10/14) is hereby incorporated by reference and contains the specifications of the Tomato Good Agricultural Practices (T-GAP) and the Tomato Best Management Practices (T-BMP). Copies of the manual may be obtained by contacti…

The following categories of tomatoes are exempt from the requirements of Rule 5G-6.009, F.A.C.: (1) Tomatoes sold by an individual grower to a consumer on the premises where the tomatoes not grown to exceed two (2) twenty-five pound boxes per customer, per day. (2) Tomatoes sold …

(1) This rule sets forth the guidelines the Department will follow in imposing the penalties authorized under Sections 500.121 and 500.70(3)(b), F.S. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation wi…

(1) The following definition of "producer" will be applicable to any marketing order referendum under the provisions of the Florida Statutes: "Producer" means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business …

(1) The following definition of "handler" will be applicable to any marketing order referendum under the provisions of the Florida Statutes: "Handler" is synonymous with shipper and packer and means an individual, firm, partnership, corporation, association, business, trust, lega…

The following applies to the Citrus Research, Peanut, and Tobacco Marketing Orders issued by the Department in accordance with Chapter 573, F.S. (1) Assessments. After receiving the recommendations of the designated Advisory Council, the Department shall fix the rate of assessmen…

Rulemaking Authority 604.27 FS. Law Implemented 604.19, 604.20(1) FS. History-New 9-12-79, Amended 1-11-81, 5-2-82, Formerly 5H-1.01, Amended 5-3-90, 7-7-92, 2-26-96, 8-11-96, 1-11-06, Transferred to 5J-25.001.

Rulemaking Authority 604.27 FS. Law Implemented 604.19 FS., Chapter 90-161, Laws of Florida. History-New 9-12-79, Amended 1-11-81, 10-30-85, Formerly 5H-1.03, Amended 12-5-90, 1-11-06, Transferred to 5J-25.003.

Rulemaking Authority 604.27 FS. Law Implemented 604.33 FS. History-New 2-2-86, Transferred to 5J-25.005.

Rulemaking Authority 604.27 FS. Law Implemented 604.15, 604.27 FS. History-New 8-15-11, Transferred to 5J-25.006.

Rulemaking Authority 604.27 FS. Law Implemented 604.22, 604.27 FS. History-New 8-15-11, Transferred to 5J-25.007.

Rulemaking Authority 604.27 FS. Law Implemented 604.27, 604.30 FS. History-New 8-15-11, Transferred to 5J-25.008.

Rulemaking Authority 534.48, 535.02, 604.27 FS. Law Implemented 534.48, 535.01, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33 FS. History-New 8-15-11, Transferred to 5J-25.009.

(1) Sales organization means any person, firm or corporation holding, sponsoring or conducting a public vendue at which thoroughbred horses are offered for sale within the State of Florida. (2) Department means the Department of Agriculture and Consumer Services of the State of F…

(1) Application. (a) The sales organization shall make application to the department for license for public vendue of thoroughbred horses at least 2 months prior to the date on which the sale is to be conducted. Such application shall specify the name and address of applicant and…

The sales organization shall be required to clean and disinfect all pens, stalls, chutes and alleyways of the sales facility immediately prior to the date of the sale and before any animals shall be received at the sales facility. The sales organization shall furnish the necessar…

The purpose of this rule is to establish procedures to be used to enter into contracts for construction or renovation of buildings or structures located on agricultural marketing facilities. Rulemaking Authority 570.53(7) FS. Law Implemented 570.53(7) FS. History-New 12-31-91.

Any person leasing premises at an agricultural marketing facility interested in constructing or renovating a building or structure at the facility shall first obtain from the Department and review the standard format for an Amendment to Lease and Agreement, described herein and i…

Upon review and approval of the Letter of Intent by the Department, the Amendment to Lease and Agreement to be executed by the Department and tenant will be prepared by the Department in final form to be executed by both parties. The Amendment to Lease and Agreement must allow th…

For purposes of this chapter, the definitions in Section 571.23, F.S., and the following shall apply: (1) "Agricultural product" as defined in Section 571.23, F.S. (2) "Agritourism activity" as defined in Section 570.86, F.S. (3) "Allied Member" is a membership classification whi…

(1) The Identifiers are emblems designed, determined, and adopted as identifiers for use in advertising, publicizing and promoting the sale of Florida agricultural products. The Identifiers are available for use in marketing Florida agricultural products only by persons or compan…

(1) No person shall use the Identifiers adopted herein without meeting the requirements established in Rule 5H-17.005, F.A.C. (2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners or business signage, that; (a) are profane, vulgar, …

(1) Registration. Prospective Campaign participants must apply to the department on the form adopted in subsection (5) of this rule, pay the membership fee as provided in subsection (3) of this rule, if applicable, and agree to abide by the the Identifier use criteria established…

(1) The department may impose one or more of the following penalties against any person who violates any of the provisions of the Florida Agricultural Promotional Campaign Act or this rule chapter: (a) Issuance of a warning letter. (b) Imposition of an administrative fine in the …

Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(5) FS. History-New 6-29-62, Formerly 5H-2.01, Transferred to 5G-7.001.

Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(7) FS. History-New 6-29-62, Formerly 5H-2.02, Transferred to 5G-7.002.

Rulemaking Authority 573.118(2), 573.119 FS. Law Implemented 573.112, 573.118(2), 573.119 FS. History-New 6-4-95, Amended 11-9-11, Transferred to 5G-7.003.

The definitions in Section 570.242, F.S., and the following apply: (1) "AED Program" means the Agricultural Economic Development Program. (2) "Agribusiness" means any agricultural proprietorship, partnership, corporation, association or cooperative interested in producing alterna…

The department shall provide public notice, including publication in the Florida Administrative Register, of the AED Program and the availability of assistance, as stated in Section 286.011, F.S. Rulemaking Authority 570.247 FS. Law Implemented 570.242, 286.011 FS. History-New 12…

(1) The minimum criteria to be used by the Department in identifying a project as facilitating rural agricultural economic development and the growth of Florida shall consist of satisfaction of the following: (a) Each Project for Consideration must address the production of alter…

(1) All financially and non-financially assisted agribusinesses shall repay the AED Program a predetermined percentage of their annual profits, if applicable, as defined in Rule 5H-21.002, F.A.C., until repayment is complete. The percentage will be determined by the Department as…

A winery desiring registration with and certification by the department as a Certified Farm Winery tourist attraction shall submit an annual application to the department on Form 5H-22-1, effective 10-13-92, hereby adopted and incorporated by reference. Copies of this form may be…

The logo emblem and directional sign depicted below are hereby designated and adopted as the Florida Farm Winery logo emblem and directional sign. Rulemaking Authority 599.004 FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(2)(a) FS.…

Only fair associations incorporated under the provisions of Chapter 616, F.S., shall qualify for or receive a fair permit from the Department of Agriculture and Consumer Services. Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.15 FS. History-New 8-17-93, Amended…

(1) For the purpose of this chapter, the definitions in Section 616.001, F.S., and the following shall apply. The terms "central amusement attraction" and "central amusement company" shall be used interchangeably. As used in Section 616.101, F.S., "officer of the county" shall be…

(1) Each application for a fair permit shall be accompanied by a fee, to be calculated based on attendance at the prior year's annual public fair, as follows: (a) Two Hundred dollars ($200) - under 25,000 attendance; (b) Two Hundred and seventy-five dollars ($275) - 25,000 to 100…

The department shall waive the minimum exhibit requirements of Section 616.17, F.S., for any fair association that submits, to the department, a written request for waiver at least 30 days before to the annual public fair. The fair association must show good cause as to why the e…

The following words and terms shall have the following meanings: (1) "Accession" means the process of formally adding a newly-acquired artifact to the Museum's permanent collections records and assigning it a unique number. (2) "Acquire" means the process of agreeing to accept an…

(1) The Museum evaluates artifacts and determines whether they should be accepted into the Museum's permanent collections. (a) The process of evaluating each artifact is recorded on an Evaluation Log, herein incorporated by reference. (b) When the Museum accepts custody of an art…

After the Museum has acquired an artifact, the Museum accessions it into the Museum's permanent collections. To accomplish this, the acquired artifact is assigned a unique accession number and listed in an accessions register. The artifact is moved into the appropriate collection…

The Museum conducts an annual inventory of artifacts in its permanent collections. (1) Inventory is taken either of individual artifacts or groups of artifacts, depending on the level at which the Museum maintains its collections records. (2) This inventory, conducted by Museum s…

(1) The Museum may make loans of Department or Museum-owned artifacts for scholarly or educational purpose or to assist the Museum in carrying out its responsibility to ensure proper curation of Department or Museum-owned artifact. (2) While the Museum makes loans primarily to no…

All decisions to remove a Department or Museum-owned artifact from the Museum's permanent collections by deaccession anddisposal are made in a manner that is in the best interest of the public and the artifact. (1) From time to time, the Museum initiates recommendations of Depart…

(1) Availability of records: (a) Records in the custody of the Florida Agricultural Museum are available for reference in the Search Room only. (b) Original records will not normally be made available when microfilm or other copies are available. If, in fact, the original is need…

The following forms are used in the implementation of this Chapter and are herein incorporated by reference: These forms will become effective on the effective date of Chapter 5H-24, F.A.C. These forms may be obtained by contacting the Florida Department of Agriculture and Consum…

(1) Those organizations applying for the Agriculture Education and Promotion Facility grant program shall utilize Form FDACS-06114 Rev. 06/25, Agriculture Education and Promotion Facility Request for Funding. The application is incorporated by reference and may be obtained by con…

Upon the completion of the certification, evaluation and ranking, the project proposals shall be submitted to the Executive Office of the Governor, the President of the Senate and the Speaker of the House for consideration of funding. Rulemaking Authority 288.1175(2) FS. Law Impl…