reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-4 - FOOD › Section 5K-4.045 - Sale or Distribution of Polystyrene

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Baseline year" means the calendar year
				2022.
(b) "Existing Food
				Establishment" means a person or entity issued a food permit on or before the
				effective date of this rule.
(c)
				"New Food Establishment" means a person or entity issued a food permit after
				the effective date of this rule. This term includes an Existing Food
				Establishment that is required to apply for a new food permit in accordance
				with rule RSA 5K-4.020<subdiv>(4)(a)</subdiv>, F.A.C.
(d) "Polystyrene" means a thermoplastic
				petrochemical material utilizing the styrene monomer, including polystyrene
				foam or expanded polystyrene, processed by any number of techniques including,
				but not limited to, fusion of polymer spheres (expandable bead polystyrene),
				injection molding, foam molding and extrusion-blow molding (extruded foam
				polystyrene). The International Resin Identification Code assigned to foam
				polystyrene is "6." Foam polystyrene food ware may be identified by a "6" or
				"PS," either alone or in combination with other letters. The regulations and
				prohibitions relating to foam polystyrene in this rule are intended to apply
				regardless of the presence or absence of an International Resin Identification
				Code on the food ware.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-4 - FOOD › Section 5K-4.044 - Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 502.014, 503.031 FS. Law Implemented
					 502.014, 502.053, 502.091, 502.121, 503.031
					 FS.
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.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.001 - Definition of Terms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04, 583.17 FS. Law Implemented
					 583.12, 583.13, 583.17 FS.
New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.01,
					 5E-7.001, Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.002 - Certification of Dealers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.17 FS. Law Implemented 583.01,
					 583.14, 583.18 FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-7.02, 5E-7.002,
					 Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.003 - Tagging or Labeling Dressed (Ready-to-Cook) Poultry

Current through Reg. 50, No. 138; July 16, 2024
(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 sides, then the state requirement of grade and part name or whole bird
				statement must appear on both sides. The state required declaration of grade
				and part name or whole bird statement must be separate and distinct and not
				subordinated to extraneous advertising material and must be plainly and legibly
				printed. Trade-marks, advertising and sales legends that do not conflict with
				nor becloud the grade and part name or whole bird statement may appear on such
				tags or labels.
(2) Fresh and
				frozen poultry (whole, cut-up, and parts).
(a)
				Wholesale. Whole birds, cut-up and parts must be labeled or have imprinted or
				stamped on the individual wrappers the state requirement of grade, part name or
				whole bird statement and the name and address of the dealer. For labeling
				instructions of individual parts, such as thighs, breasts, wings, etc., refer
				to subsection 5K-5.010(2),
				F.A.C. Boneless, skinless breasts may or may not carry a grade, giblets and
				stripped backs do not carry a grade but must be labeled to meet the other
				requirements.
(b) Retail (Not
				packaged; Bulk). In refrigerated cases with open displays of unpackaged
				ready-to-cook poultry, placards declaring the grade and part name or whole bird
				statement must be displayed immediately adjacent thereto. The size of the print
				used on such placard shall be that stated in the law.
(c) Retail (Packaged). Packaged ready-to-cook
				poultry offered for sale at retail must be labeled to show grade, part name or
				whole bird statement, net weight, and name and address of the dealer. The size
				of the type on the label shall be that stated in the law.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.004 - Sanitary Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 500.09, 500.20, 583.04, 583.17 FS. Law
					 Implemented 500.09, 583.12, 583.13 FS.
New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.04,
					 5E-7.004, Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.005 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(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, minimum net
				weight of the whole carcass must be declared. Where price is quoted for a unit
				or group of whole birds, the minimum net weight of the unit or group must be
				declared.
(3) CUT-UP POULTRY. In
				the advertising of cut-up poultry parts, such advertising shall be explicit and
				an accurate description of grade and name of part. In refrigerated cases with
				open displays of separated, cut-up poultry parts, not prepackaged, placards
				declaring the grade and name of parts must be displayed. (No grade has been
				established for giblets or stripped backs; however, name of parts must be
				clearly stated on labels and in all advertising. See subsection
				5K-5.010(2),
				F.A.C., for description of poultry parts.)
Rulemaking Authority 583.17 FS. Law Implemented 583.13(2),
					 583.17 FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-7.05,
					 5E-7.005.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.006 - Jurisdiction of Poultry Law (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04, 583.17 FS. Law Implemented
					 583.13(1), (2), 583.14, 583.16 FS.
New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.06,
					 5E-7.006, Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.008 - Records

Current through Reg. 50, No. 138; July 16, 2024
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
				  equivalent information relating to the purchase, sale or transfer of dressed
				  poultry, showing the name of the seller or consignor, the name of the purchaser
				  or consignee, the quantity, source, grade and part name or whole bird statement
				  and make such records readily available to the Department during all business
				  hours for the purpose of inspection, examination and audit.
Rulemaking Authority 583.17 FS. Law Implemented 583.15,
					 583.18(4) FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-7.08,
					 5E-7.008.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.009 - Classes and Kinds of Live Poultry, Dressed Poultry, and Ready-to-Cook Poultry (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.17 FS. Law Implemented 583.01
					 FS.
New 12-31-74, Amended 12-31-84, Formerly 5E-7.09, 5E-7.009,
					 Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.010 - Florida Standards of Quality for Dressed Poultry and Ready-to-Cook Poultry - Whole, Cut-Up and Cut-Up Parts

Current through Reg. 50, No. 138; July 16, 2024
(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 section, and to individual units of the specified poultry food
				products.
(b) Carcasses, parts, or
				poultry food products found to be unsound, unwholesome, or otherwise unfit for
				human food in whole or in part, shall not be given any of the quality
				designations.
(c) The following
				factors shall be considered in ascertaining the quality of an individual
				carcass or part:
1. Conformation.
2. Fleshing.
3. Fat covering.
4. The degree of freedom from pinfeathers and
				vestigial feathers (i.e., hair or down, as the case may be).
5. The degree of freedom from tears and cuts
				(exclusive of normal processing cuts).
6. The degree of freedom from disjointed
				bones and broken bones.
7. The
				degree of freedom from discolorations of the skin and of the flesh and from
				blemishes and bruises of the skin and flesh.
8. The degree of freedom from freezing
				defects.
(d) In
				interpreting the respective requirements for 'Premium" Quality, "Good" Quality
				and "Standard" Quality, as provided in this section, the intensity, aggregate
				area involved and locations of:
1.
				Discolorations (whether or not caused by dressing operations).
2. Bruises.
3. Pinfeathers.
4. Freezing defects as such defects
				individually, or in combination, detract from the general appearance, shall be
				considered in determining the particular quality of an individual carcass or
				part.
(e) A ready-to-cook
				carcass which has a defect may be graded after the defective portion has been
				removed. The fact that a portion has been removed, will not be considered in
				determining the quality of the balance of the carcass if the remaining portion
				of the carcass is to be disjointed and packed as parts or used in the
				fabrication of poultry food products. Poultry parts which have been properly
				cut as described in subsection (2) of this rule may be graded after they have
				been cut from the carcass, if the class is known and the parts are not
				misshapen or have nearly the same appearance as prior to cutting from the
				carcass.
(f) The standards of
				quality are applicable to poultry parts cut in the manner described in
				subsection (2) of this rule. Similar parts cut in a manner other than described
				in subsection (2) of this rule may be grade identified only when approved by
				the Department upon determination that the labeling for such parts accurately
				describes the product. Requests for such approval shall be made to the
				Department.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.011 - Florida Grades for Ready-to-Cook Poultry and Poultry Parts

Current through Reg. 50, No. 138; July 16, 2024
(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 same meaning as when used in the standards
				of quality for individual carcasses and parts in Chapter 5K-5,
				F.A.C.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.012 - Game Birds

Current through Reg. 50, No. 138; July 16, 2024
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.
New 3-30-78, Amended 12-23-84, Formerly 5E-7.12,
					 5E-7.012.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.013 - Dressed Poultry Unit for Human Consumption (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04, 583.17 FS. Law Implemented
					 583.18(a)(a)-(b), (2), (3) FS.
New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.13,
					 5E-7.013, Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.014 - Grading Services for Poultry

Current through Reg. 50, No. 138; July 16, 2024
(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 production
				site to which no full-time grader has been assigned, but the site has been
				previously approved for grading in accordance with an application for
				service.
(d) Full-time resident
				location means a production site to which a full-time grader has been assigned
				in accordance with an application for service requesting 40 or more hours of
				grading services per week.
(e)
				Part-time resident location means a production site where a part-time grader
				has been assigned to the site in accordance with an application for service
				requesting less than 40 hours of grading services per week.
(f) Regular shift differential means
				additional compensation of $2.00 per hour added to a grader's regular hourly
				wage on a shift beginning after 3:00 p.m.
(g) Overtime shift differential means
				additional compensation of $9.00 per hour added to a grader's overtime hourly
				wage on a shift beginning after 3:00 p.m.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-5 - POULTRY › Section 5K-5.436 - USDA Poultry Product Grading

Current through Reg. 50, No. 138; July 16, 2024
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?No=Ref-11949
.
Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented
					 583.051, 583.052 FS.
New 4-23-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.001 - Certification of Dealers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04 FS. Law Implemented 583.09
					 FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-8.01, 5E-8.001,
					 Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.002 - Jurisdiction of Egg Law

Current through Reg. 50, No. 138; July 16, 2024
(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 State of Florida.
(2) Transfer of eggs.
(a) Shell Eggs.
1. Labeled. No sale or transfer of shell eggs
				from one dealer to another shall be permitted unless such eggs are accompanied
				by invoice or other written document showing the names and addresses of the
				seller and the purchaser, quantity, grade and size of eggs so
				transferred.
2. Unlabeled.
				Unlabeled shell eggs have no official size and grade under the
				law.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.004 - Labeling Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04 FS. Law Implemented
					 583.01(4)(b), 583.02, 583.03 FS.
New 6-20-64, Amended 6-26-66, 2-1-74, 12-31-74, 12-23-84,
					 Formerly 5E-8.04, 5E-8.004, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.005 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(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, exceeds or distorts the facts concerning the eggs shall be
				permitted.
(2) Locally produced
				legend. The legend "Locally Produced, " when combined with the name of the
				county in which such local production has taken place, may be used as an
				extraneous advertising legend on cartons or in any other form of egg
				advertising.
(3) Placard for loose
				eggs.
(a) Eggs sold at retail, in any way
				except in the original cases or cartons, shall have on each case, box, basket
				or other receptacle, a placard not smaller than seven (7 x 7) inches in size,
				on which shall be plainly printed in letters not less than one (1'') inch in
				height, the correct grade and size of the eggs being offered for
				sale.
(b) "Unclassified Eggs."
				Placards used to sell "Unclassified" eggs shall bear the following legend:
				"These eggs have not been graded as to quality and
				weight."
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.006 - Candling to Determine Grade

Current through Reg. 50, No. 138; July 16, 2024
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 permit accurate
				  viewing of the internal grading factors. Such candling should be done in a dark
				  room to insure the necessary accuracy. Candlers which include a roll-over light
				  or other candling device are permitted when used accurately.
Rulemaking Authority 583.03 FS. Law Implemented 583.03
					 FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-8.06,
					 5E-8.006.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.007 - Seizure of Eggs Unfit for Human Consumption (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.04 FS. Law Implemented 583.05
					 FS.
New 12-31-74, Amended 12-23-84, Formerly 5E-8.07, 5E-8.007,
					 Repealed 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.008 - Florida Standards, Grades and Weight Classes for Shell Eggs

Current through Reg. 50, No. 138; July 16, 2024
(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 egg quality
				specifications for these standards are based on the apparent condition of the
				interior contents of the egg as it is twirled before the candling light. Any
				type or make of candling light may be used that will enable the particular
				grader to make consistently accurate determination of the interior quality of
				shell eggs. It is desirable to break out an occasional egg and by determining
				the Haugh unit value of the broken-out egg, compare the broken-out and candled
				appearance, thereby aiding in correlating candling and broken-out
				appearance.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.009 - The United States Department of Agriculture Regulations Governing the Inspection of Eggs and Egg Products Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 583.03, 583.04, 500.20, 500.09 FS. Law
					 Implemented 583.01(3), (5), (6), (7), (8), (9), (10), (11), (18), 583.02,
					 583.03, 583.05, 500.09 FS.
New 11-15-63, Amended 2-1-74, Amended 12-31-74, 12-23-84,
					 Formerly 5E-8.09, 5E-8.009, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.010 - Grading Services for Shell Eggs

Current through Reg. 50, No. 138; July 16, 2024
(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 production
				site to which no full-time grader has been assigned, but the site has been
				previously approved for grading in accordance with the application for
				service.
(d) Full-time resident
				location means a production site to which a full-time grader has been assigned
				in accordance with an application for service requesting 40 or more hours of
				grading services per week.
(e)
				Part-time resident location means a production site where a part-time grader
				has been assigned to the site in accordance with an application for service
				requesting less than 40 hours of grading services per week.
(f) Regular shift differential means
				additional compensation of $2.00 per hour added to a grader's regular hourly
				wage on a shift beginning after 3:00 p.m.
(g) Overtime shift differential means
				additional compensation of $9.00 per hour added to a grader's overtime hourly
				wage on a shift beginning after 3:00 p.m.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-6 - EGGS › Section 5K-6.344 - USDA Egg Grading

Current through Reg. 50, No. 138; July 16, 2024
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?No=Ref-11951
.
Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented
					 583.051, 583.052 FS.
New 4-23-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.001 - Content, Department Responsibilities and Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 500.459(6), 570.07(23) FS. Law
					 Implemented 500.459 FS.
New 8-20-86, Formerly 10D-22.001, 5E-16.001, Amended
					 8-22-95, 9-3-96, 3-18-98, Repealed
					 11-8-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.295 FS. Law Implemented 381.295(3)
					 FS., Section 5, Chapter 92-180 Laws of
					 Florida.
New 8-20-86, Formerly 10D-22.002, 5E-16.002, Repealed
					 8-22-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.003 - Permitting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 500.459(4), 500.459(6)(a), 570.07(23)
					 FS. Law Implemented 500.459
					 FS.
New 8-20-86, Formerly 10D-22.003, 5E-16.003, Amended
					 8-22-95, 3-18-98, Repealed 11-8-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.004 - Location and Operation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.295 FS. Law Implemented 381.295(6)
					 FS., Section 5, Chapter 92-180 Laws of
					 Florida.
New 8-20-86, Formerly 10D-22.004, 5E-16.004, Repealed
					 8-22-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.005 - Source, Construction and Operating Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 500.459(5)(g), (6), 570.07(23) FS. Law
					 Implemented 500.459 FS.
New 8-20-86, Formerly 10D-22.005, 5E-16.005, Amended
					 8-22-95, 3-18-98, Repealed 11-8-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.006 - Operation Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.295 FS. Law Implemented 381.295(3)
					 FS., Section 5, Chapter 92-180 Laws of
					 Florida.
New 8-20-86, Formerly 10D-22.006, 5E-16.006, Repealed
					 8-22-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.007 - Duties and Responsibilities of the Department (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.295 FS. Law Implemented 381.295(7)
					 FS., Section 5, Chapter 92-180 Laws of
					 Florida.
New 8-20-86, Formerly 10D-22.007, 5E-16.007, Repealed
					 8-22-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-9 - WATER VENDING MACHINES › Section 5K-9.008 - Enforcement and Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.295 FS. Law Implemented 381.295(8)
					 FS., Section 5, Chapter 92-180 Laws of
					 Florida.
New 8-20-86, Formerly 10D-22.008, 5E-16.008, Repealed
					 8-22-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-10 - MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 5K-10.002 - Permits, Licenses and Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1)
				General Permits.
(a) All Milk Plants, Washing
				Stations, Out-of-State Processors of Milk and Milk Products, Receiving
				Stations, Transfer Stations, Single Service Container Manufacturers and
				Operators of Milk Plants shall submit an application on Form DACS-05019
				Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or
				Containers (Rev. 10/07), hereby incorporated by reference. Milk and Milk
				Product Distributors shall submit an application on Form DACS-05071 Application
				for Permit as a Distributor of Milk and Milk Products (Rev. 10/07), hereby
				incorporated by reference. Copies may be obtained from the Department of
				Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner
				Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit,
				the applicant must conform to and comply with the provisions of the PMO and
				Chapter 502, F.S.
(b) All Bulk Milk
				Hauling Services shall submit an application on Form DACS-05012 Application for
				a Milk Hauling Service Permit (Rev. 10/07), hereby incorporated by reference.
				All Bulk Milk Hauler/Samplers shall submit an application on Form DACS-05060
				Application for a Bulk Milk Hauler/Sampler Permit (Rev. 10/07), hereby
				incorporated by reference. Copies may be obtained from the Department of
				Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner
				Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit,
				the applicant must conform to and comply with the provisions of the PMO and
				Chapter 502, F.S.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-10 - MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 5K-10.003 - Dating, Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts

Current through Reg. 50, No. 138; July 16, 2024
(1) Shelf-Life
				Dating and Expiration Dating.
(a) All milk and
				milk products shall be legibly labeled with their shelf-life date. The date or
				date code for frozen desserts and other manufactured milk products shall
				indicate the date of manufacture of the product or the last day the product is
				to be offered for sale. The standards for labeling for all products shall be in
				accordance with 21 CFR, Part 101, adopted by reference in paragraph
				5K-10.001(1)(e),
				F.A.C.
(b) The microbial counts for
				the determination of the shelf-life of milk and milk products shall not exceed
				30 million colony forming units (CFU)/mL.
(c) The shelf-life expiration date shall
				appear in conspicuous and easily legible bold-face print or type in distinct
				contrast to the background, by typography, layout, color, embossing, debossing,
				or molding of other matter on the package, and shall be placed on that part of
				the container most likely to be displayed, presented, or shown, or examined
				under customary conditions of display for retail sale, and shall not interfere
				with legibility or other mandatory labeling requirements of the product.
				However, cup containers that are labeled with the date on the bottom shall have
				displayed on the cap information concerning the location of the date.
(d) The shelf-life expiration date shall be
				expressed by the three letters of the month followed by the numeral or numerals
				constituting the appropriate calendar date or numerically. For example: "June
				1" shall be expressed "JUN 1" or "0601."
(e) No milk or milk products shall be offered
				for sale as a Grade "A" product after the shelf-life expiration date shown on
				the container. All milk and milk products offered for sale after the shelf-life
				expiration date will be deemed to be misbranded and subject to be impounded and
				made unsalable or otherwise disposed of by the department, under the provisions
				of Section 502.231, F.S.
(f) This rule does not apply to containers of
				milk or milk products which are not to be sold in the State of
				Florida.
(g) Each processor shall
				establish the maximum shelf-life of each product in the hands of the consumer
				under normal storage conditions.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-10 - MILK, MILK PRODUCTS AND FROZEN DESSERTS › Section 5K-10.005 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth guidelines the
				Department will follow in imposing the penalties authorized under Chapter 502,
				F.S., for violations of Chapter 502, section
				581.217, F.S., and this rule
				chapter. The purpose of these guidelines is to give notice of the range of
				penalties that will be imposed for a single violation within a three-year
				period. The three-year period shall be based on the date of the last
				administrative enforcement action imposed against the violator. These
				guidelines list aggravating and mitigating factors that, if present, will
				increase or reduce penalties to be imposed. No aggravating factors will be
				applied to increase a fine imposed for a single violation above the statutory
				maximum as follows:
(a) In the case of a
				frozen dessert plant licensee, the fine imposed for each violation shall not
				exceed $5, 000 as provided in Section
				570.971, F.S., for Class II
				category;
(b) In the case of any
				other violation, the fine imposed shall not exceed $1000 for each occurrence as
				provided in Section 570.971, F.S., for a Class I
				category.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-11 - MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES › Section 5K-11.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this rule chapter, the definitions in
				  Section 500.03, F.S., and the following
				  shall apply:
(1) Change in Ownership
				means:
(a) An event in which the permittee
				sells or otherwise transfers its ownership to a different person as evidenced
				by a change in federal employer identification number or taxpayer
				identification number; or
(b) An
				event in which 51 percent or more of the ownership, shares, membership, or
				controlling interest of a permittee is in any manner transferred or otherwise
				assigned. This paragraph does not apply to a permit held by a person that is
				publicly traded on a recognized stock exchange. A change solely in the
				management or board of directors is not a change of
				ownership.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-11 - MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES › Section 5K-11.002 - Permits and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 381.986(8)(e)8., F.S., MMTCs producing or manufacturing Edibles are
				required to be permitted as food establishments and are subject to the
				requirements of Chapter 500, F.S., and this rule chapter.
(2) MMTCs are strongly encouraged to undergo
				a plan review with the Department prior to applying for a food permit pursuant
				to this rule chapter, for the purpose of evaluating whether proposed
				construction or remodeling plans conform to current requirements established in
				Chapter 500, F.S., and this rule chapter including existing regulations adopted
				by reference. MMTCs may request a plan review by submitting a completed Plan
				Review Application, FDACS-14222 (Rev. 12/19) incorporated by reference in
				paragraph 5K-4.004(8)(a),
				F.A.C., and any applicable fees as outlined in paragraph
				5K-4.004(8)(b),
				F.A.C.
(3) Initial Permits. Prior
				to producing or manufacturing Edibles, an MMTC must obtain a food permit
				pursuant to Chapter 500, F.S., and in accordance with this rule. To apply for a
				food permit an MMTC shall:
(a) Submit to the
				Department a completed Medical Marijuana Treatment Center Food Permit
				Application, FDACS-14031, (Rev. 12/19), which is adopted and incorporated by
				reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11690
;
(b) Remit in full the required permit fee as
				described in subsection (6);
(c)
				Provide to the Department a list of all Edibles the MMTC intends to produce or
				manufacture. This list shall be attached to the Medical Marijuana Treatment
				Center Food Permit Application, FDACS-14031, (Rev. 12/19); and
(d) Demonstrate through an initial inspection
				conducted by the Department that the facility where Edibles will be produced or
				manufactured meets inspection requirements established in Chapter 500, F.S.,
				and paragraphs 5K-4.002(1)(c)
				-(e), subsection 5K-4.002(2),
				and Rule 5K-4.004,
				F.A.C.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-11 - MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES › Section 5K-11.003 - Inspection and Reinspection

Current through Reg. 50, No. 138; July 16, 2024
(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 $135.00 for recovery of the cost incurred
				to provide each reinspection. 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
				inspection that requires a reinspection. Such inspection shall be indicated by
				issuance of an inspection report listing conditions that are not in compliance
				and which, when viewed as a whole, are more likely to contribute to food
				contamination, illnesses, or environmental health hazards.
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law
					 Implemented 500.12, 500.147 FS.
New 3-16-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-11 - MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES › Section 5K-11.004 - Permitting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(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 defined in Section
				500.03(1)(o),
				F.S., if used in the production and manufacture of Edibles by a licensed MMTC
				pursuant to Section 381.986, F.S., and in accordance
				with this rule chapter.
Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented
					 500.04, 500.09, 500.10, 500.12 FS.
New 3-16-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5KER23 - Emergency Rule for Year 2023 › Section 5KER23-3 - Cleaning and Sanitizing of Containers and Equipment

Current through Reg. 50, No. 138; July 16, 2024
(1) Notwithstanding the Pasteurized Milk
				Ordinance (PMO), as adopted by Department Rule
				5K-10.001, F.A.C., raw milk for
				pasteurization as a Grade "A" product may be stored for not more than 96 hours
				if the storage vessel:
(a) is an approved raw
				milk silo in a permitted FDACS Grade "A" entity;
(b) has 7-day temperature recording charts or
				electronic records that comply with Appendix H., IV. and V. of the PMO;
				and
(c) maintains constant
				temperature not to exceed 45 °F.
The milk received must comply with all other parts of the PMO
				  and the product must be used for pasteurization. The requirements set forth in
				  this emergency rule shall apply for the time period of August 28, 2023, through
				  September 5, 2023.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.001 - General Requirements and Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				shellfish processing 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 for the catching, handling, relaying, depuration, packaging,
				preserving and storing of shellfish products.
(3) The Department, as a participant in the
				Interstate Shellfish Sanitation Conference, recognizes and endorses the
				following principles:
(a) Shellfish are a
				renewable, manageable natural and aquacultured resource of significant economic
				value to many coastal communities, and should be managed as carefully as are
				other natural resources such as forests, water, and agricultural
				lands.
(b) Shellfish culture and
				harvesting represents a beneficial use of water in the estuaries. This use
				should be recognized by local, state and federal agencies in planning and
				carrying out pollution prevention and abatement programs and in comprehensive
				planning for the use of these areas.
(c) The goals of the Interstate Shellfish
				Sanitation Conference are:
1. The continued
				safe use of this natural and aquacultured resource; and,
2. Active encouragement of water quality
				programs which will preserve all possible coastal areas for this beneficial
				use.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.005 - Shellfish Processing Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following forms are 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:
(a) Shellfish Processing
				Certification Application (FDACS-15007, Revision 10/18),
http://www.flrules.org/Gateway/reference.asp?No=Ref-10370
.
(b) Shellfish Processing Facility Inspection
				Form (FDACS-15009, Revision 09/16),
http://www.flrules.org/Gateway/reference.asp?No=Ref-06998
.
(c) Shellfish Processing Facility Inspection
				Form Addendum (FDACS-15012, Revision 10/16),
http://www.flrules.org/Gateway/reference.asp?No=Ref-06999
.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.007 - Container Identification; Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(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 the lid becomes an integral part of the container during the sealing
				process (Example: FL-872-SP). Containers shall permanently indicate type of
				product, quantity, and name and address of packer, repacker, or distributor.
(a) Each container of fresh, fresh frozen, or
				previously frozen shellfish, with a capacity of less than 64 ounces, shall
				clearly and permanently display the words "Sell By" followed by the date when
				the processor determines the product will reach the end of its shelf life. The
				date shall consist of the numerical month, and day. For fresh frozen or
				previously frozen shellfish, the last digit of the year shall be added to the
				date.
(b) Each container of fresh,
				fresh frozen, or previously frozen shellfish with a capacity of 64 ounces or
				more, shall clearly and permanently display "Date Shucked" followed by the
				shuck date. The date shall consist of the numerical month, day, and
				year.
(c) Bulk storage containers
				shall be identified with state of origin, harvest date, and shuck
				date.
(d) Previously frozen shucked
				shellfish shall also be labeled "previously frozen" and display the freeze date
				and the thaw date by numerical month, day, and year.
(e) Repacked shellfish containers shall also
				bear an appropriate code identifying the original packer. For restricted use
				shellstock, the shucked shellfish container may be identified with the language
				"FOR POST HARVEST PROCESSING ONLY."
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.008 - Shellfish Handling

Current through Reg. 50, No. 138; July 16, 2024
(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 the facility is to be located.
(b) A description of all facilities and
				equipment to be used to wet-store shellfish.
(c) A listing of the species to be
				wet-stored.
(d) If the wet storage
				facility is to be located upon or in waters of the state, the facility shall be
				marked and lighted so as not to be a hazard to navigation.
(e) If the wet storage facility is to be
				located on or in waters of the state, and is to be a manned structure, it shall
				be equipped with a U.S. Coast Guard approved Type III marine sanitation device;
				this device shall be maintained in working order and be used by all personnel
				for disposal of bodily wastes.
(f)
				All solid wastes shall be removed from the wet storage facility daily and
				disposed of in a shore-based receptacle.
(g) No anti-fouling paints or finishes shall
				be used on any portion of the wet storage facility.
(h) No shellfish shall be removed from a wet
				storage facility when the shellfish harvesting area in which such shellfish are
				stored is closed pursuant to Rule
				5L-1.003, F.A.C., or because of
				emergency conditions as defined by Rule
				5L-1.002, F.A.C.
(i) Should maintenance of the wet storage
				facility require that the facility be relocated, written notification shall be
				provided to the Department, by certified mail, a minimum of 10 working days
				prior to such relocation. All shellfish shall be removed from the facility
				prior to relocation.
(j) If wet
				storage is to be practiced using a shore-based facility, the applicable
				provisions of Rules 5L-1.002,
				5L-1.010,
				5L-1.011,
				5L-1.012,
				5L-1.013,
				5L-1.015, and subsection
				5L-1.017(2),
				F.A.C., shall apply. All shore-based facilities shall employ ultraviolet light
				treatment of all incoming and recirculated seawater. All water quality
				measurements required by subsection
				5L-1.017(2),
				F.A.C., shall be documented and such data retained for inspection by the
				Department for a minimum of one year. Paragraphs
				5L-1.008(1)(a), (b), (d), (e), (f), (h) and
				(i), F.A.C., shall not apply to a shore-based
				facility.
(k) The agreement shall
				be valid for no more than 1 year from the date it is signed by the
				Department.