Rule Final! Limited Poultry and Egg Farm Operation

Greetings all:

 

The Limited Poultry and Egg Farm Operation rule has been adopted!  The final revised language of the relevant sections is provided at the end of this email.  Additionally, you may access the fully revised version of Chapter 5K-4, Florida Administrative Rule, through the following link: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=5K-4.  There were some formatting and editorial changes to the rule since your last notification but no significant changes to language or requirements.

 

Plans are underway to initiate permitting of Limited Poultry and Egg Farm Operations beginning July 1, 2014.  The Florida Department of Agriculture and Consumer Services (FDACS) Division of Food Safety is making the necessary changes to incorporate this new firm category into our data management system and to train our field inspectors in how to permit such operations.  We are also finalizing the Limited Poultry and Egg Farm Operation Guidance document that will be available prior to the beginning of permitting. 

 

By law (Chapter 500, Florida Statutes) FDACS Food Safety permits must be renewed annually by January 1 of each calendar year.  The July 1 permitting for new Limited Poultry and Egg Farm Operation will be for an initial half-year permit.  A renewal notice will follow in October 2014 for fiscal year 2015 for full payment of annual permit.  A full year permit is $100 plus $10 epidemiological fee of $10 for a total of $110.  A half year permit will be $50 plus the $10 epidemiological fee for a total of $60.  Again, the division is developing a guidance document and will provide more information closer to the July 1 opening of permitting. 

 

Thank you all for your patience and tolerance during this rule development process.  It has been a valuable learning experience for all of us in the FDACS Division of Food Safety and hopefully for you as well.

 

Regards,

Lee Cornman

 

The final revised rule language is as follows:

 

5K-4.020 Food Permits; Requirements and Fees.

(1) As used in this rule, the following definitions shall apply in determining food permit fees:

(a) through (j) No change.

(k) Limited poultry and egg farm operation. A farm based food establishment which directly produces and offers dressed poultry or whole shell eggs for sale. No additional processing or food preparation of such poultry or shell eggs is allowed under this permit category. For purposes of this rule, “farm” has the same meaning as provided in section 823.14, Florida Statutes.

(l)(k) Limited Sales. Any business fitting any of the definitions in this subsection with gross food sales less than $15,000.00 annually.

(m)(l) Meat market. A retail food store engaged primarily in the cutting, processing and selling of meats or poultry, or both. A limited number of other foods may be stocked, but inventory and sales are predominantly meat or poultry or both.

(n)(m) Minor food outlet. Any retail establishment that sells groceries and may offer food service to the public limited to coffee from urns, or iced or frozen drinks, but neither the grocery sales nor the food service is a major retail function based on allocated space or gross sales. No retail food processing may be performed.

(o)(n) Minor food outlet, only non-perishable foods. A minor food outlet which sells, stores or offers only commercially prepackaged, non-potentially hazardous, non-perishable foods and at which there is no food processing activity, no food service or any activity related to repackaging of foods. Commercially prepackaged ice, not bagged on the premises, may be sold.

(p)(o) Minor food outlet with limited food service. A minor food outlet where food is prepared and intended for individual portion service, but limited to the display of snack foods or pastries, and/or heating or cooking of hot dogs, sausages, prepackaged pizza or meat pastries, regardless of whether consumption is on or off the premises or whether there is a charge for the food, and without retail food processing.

(q)(p) Minor food outlet with significant food service. A minor food outlet that has retail food processing activities consisting of on-site cooking or other preparation of hot entrees, chicken (fried, roasted or grilled), sandwiches, salads, or desserts for consumption on or off the premises. The term also applies to such foods brought to a location for sale on individual customer order or by buffet-style display.

(r)(q) Mobile vendor. Persons selling foods other than fresh fruits or vegetables from trucks, trailers or similar self-propelled conveyances.

(s)(r) Processor, other non-perishable foods. A processor or packager of grain products, snack foods, candy, table syrup, honey, coffee, tea, spices or other non-perishable foods not defined elsewhere in this section.

(t)(s) Processor, other perishable foods. A processor of cheese, packaged sandwiches, bulk or packaged salads, or other perishable foods not defined elsewhere in this section.

(u)(t) Rabbit or game processor. A processor of rabbits, quail, deer, or other bird or animal species normally considered game, excepting any equine, bovine, goat, sheep, swine, or chickens, turkeys, ducks, geese, squab, ratites or guineas.

(v)(u) Retail bakery. A food establishment that bakes breads, pastries or other similar baked goods, primarily for retail sale on the premises.

(w)(v) Retail bakery with food service. A retail bakery where food other than breads, pastries or other similar baked goods is prepared and intended for individual portion service, and includes the site at which individual portions are provided, regardless of whether consumption is on or off the premises, or whether there is a charge for the food.

(x)(w) Retail food processing. The cutting, grinding, or slicing of meats or cheeses for bulk or packaged display; the preparation and wrapping or packaging of sandwiches, salads, or other foods for retail display; the smoking or cooking of meat, poultry, or fish for retail display or on customer request; the steaming, cracking, or cooking of crustaceans or shellfish for retail display or on customer request; the on-premises baking of breads or pastries; or the peeling, cutting, or trimming and packing of fruit or vegetables for retail display.

(y)(x) Salvage store. A retail food store specializing in salvage foods.

(z)(y) Seafood market. A retail food store engaged primarily in the sale of seafood. A limited number of other foods may be stocked, but inventory and sales are predominantly fish, crustaceans, or shellfish.

(aa)(z) Seafood processor. A processor of fresh or saltwater finfish, crustaceans, other forms of aquatic animal life (including, but not limited to, alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, where such animal life is intended for human consumption, primarily for wholesale distribution.

(bb)(aa) Semi-permanent vendor. Persons selling foods other than fresh fruits and vegetables from a pushcart, flea market stand, roadside stand, kiosk or similar structure and which may offer ancillary food service.

(cc)(bb) Supermarket. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains five or more check-out registers or 15,000 or greater total square footage, including display, preparation and storage areas.

(dd)(cc) Tomato Packing House means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(ee)(dd) Wholesale bakery. A food establishment that bakes breads, pastries or other similar baked goods, primarily for wholesale distribution.

(2) through (3) No change.

(4) (a) No change.

(b) The following schedule of fees is established for each food permit.

Bottling Plant	385
Bottled Water Plant	500
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 Poultry and Egg Farm Operation	100
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) through (6) No change.

Rulemaking Specific Authority 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS. Law Implemented 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, 500.177, 570.15 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, 10-28-08, 3-1-09, 3-24-14.

 

5K-4.021 Food Manager Certification.

(1) through (2) No change.

(3) Food establishments shall designate in writing its food manager or managers. The designation shall be posted in a conspicuous place within the food establishment. The following types of food establishments are not required to designate a certified food manager:

(a) Food establishments that are not required to obtain a food permit in accordance with subsections 500.12(1)(a)1.-3., F.S.;

(b) Food establishments that store, sell, or store and sell only pre-packaged, non-potentially hazardous foods that arrive at the food establishment in a pre-packaged state and that are not opened or otherwise further processed by the food establishment;

(c) Food establishments that only process seafood and that are in full compliance with the mandatory HACCP provisions in paragraph 5K-4.002(1)(a), F.A.C.

(d) Tomato packing houses.

(e) Limited poultry and egg farm operation.

(4) through (11) No change.

Rulemaking Specific Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New 1-11-94, Formerly 5E-6.021, Amended 1-23-97, 5-25-98, 3-1-09,3-24-14.

 

5K-4.033 Limited Poultry and Egg Farm Operation.

(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. The basis for establishment of such parameters is the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), derived from language in Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and adopted by reference in subsection 5K-4.002(1)(b), Florida Administrative Code, and, the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, as administered by the USDA Food Safety Inspection Service and adopted by reference in paragraph 5K-4.002(1)(a), Florida Administrative Code.

(2) REQUIREMENTS – POULTRY.

(a) For purposes of this rule, when the criteria for a Producer/Grower – 20,000 Limit Exemption as identified in the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006) is met as determined by the USDA Food Safety Inspection Service (FSIS), a poultry grower that slaughters and minimally processes no more than 20,000 birds in a calendar year, grown on his or her own farm in the State of Florida, shall be permitted as a limited poultry and egg farm operation. Qualification for this exemption, as identified in the above guidance document, must be met in accordance with the Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) &(c)(3) and Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and as adopted by reference in paragraph 5K-4.002(1)(b), F.A.C.

(b) Dressed poultry sold or offered for sale by a limited poultry and egg farm operation must also meet the applicable requirements of Chapter 583, Florida Statutes and Chapter 5K-5, Florida Administrative Code. Sale of dressed poultry by a limited poultry and egg farm operator with a flock of 20,000 or less, shall be limited in accordance with the definition of a “Dealer” in Section 583.01(4), Florida Statutes. Poultry producers with flocks in excess of 20,000 poultry that seek to process poultry shall be permitted as a processer in accordance with § 583.09, Florida Statutes and paragraph 5K-4.020(1)(s), Florida Administrative Code.

(3) REQUIREMENTS – SHELL EGGS.

(a) For purposes of this rule and in compliance with the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, administered by the USDA Food Safety and Inspection Service, and adopted by reference in paragraph 5K-4.002(1)(a), Florida Administrative Code , a shell egg producer that maintains a flock of less than 1,000 poultry within any calendar year, on his or her own farm in the State of Florida, for the purpose of producing shell eggs for human consumption, is eligible to be permitted by this agency as a limited poultry and egg farm operation.

(b) A limited poultry and egg farm operation that sells or offers for sale whole shell eggs must also meet the applicable requirements of Chapter 583, Florida Statutes and Chapter 5K-6, Florida Administrative Code. Sale of shell eggs by a limited poultry and egg farm operator with a flock of less than 1,000 poultry shall be limited in accordance with the definition of a “Dealer” in Section 583.01(4), Florida Statutes. Shell egg producers with flocks in excess of 1,000 poultry shall be permitted as a shell egg processer in accordance with Section 583.09, Florida Statutes and paragraph 5K-4.020(1)(s), Florida Administrative Code.

(4) REQUIREMENTS – GENERAL.

(a) Limited poultry and egg farm operation products shall only be sold within the State of Florida and must not be sold or offered for sale in interstate commerce.

(b) For purposes of this rule, a whole shell egg product or dressed poultry product includes chicken, turkey, duck, goose, guinea, or quail.

(c) A limited poultry and egg farm operation shall not sell poultry or egg farm products by mail order or at wholesale.

(d) Inspection of the premises of a limited poultry and egg farm operation to determine compliance with this rule will be to provide information during the opening inspection and permitting process or upon receipt of a valid complaint.

(e) No brokers or dealers in agricultural products as defined in Section 583.01(4) or 604.15(2), Florida Statutes, may be used to sell limited poultry and egg farm operation products. Only the permitted limited poultry and egg farm operator, family member or employee of the farm operation may sell limited poultry and egg farm operation products, deliver products or serve as a sales representative for the permitted farm operation. A permitted limited poultry and egg farm operator may also use another permitted limited poultry and egg farm operator to facilitate delivery or sales of farm products at a roadside stand, farmer’s market or similar open-air market locations, or by direct delivery to the purchaser.

(5) MATERIALS ADOPTED BY REFERENCE. All documents and materials referenced in this rule are hereby adopted and incorporated by reference and are available as follows:

(a) The Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) &(c)(3) revision date January 3, 2012, is accessible through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03706.

(b) Title 9, Volume 1, Parts 1 to 199, Code of Federal Regulations, revised as of January 1, 2000, is accessible through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03709.

(c) The USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act; revision date April 1, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03707.

(d) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7 Code of Federal Regulations, Part 57, revision date April 12, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03708.

Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.01, 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History–New 3-24-14.

 

 

 

 

 

Lee M. Cornman

Assistant Director

Division of Food Safety

Florida Department of Agriculture and Consumer Services

 

(850) 245-5595

(850) 488-7946 Fax

Lee.Cornman@FreshFromFlorida.com

 

The Doyle Conner Building

3125 Conner Boulevard, MS-C 18

Tallahassee, Florida 32399-1650

 

www.FreshFromFlorida.com

 

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