Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-4 - FOOD › Section 5K-4.020 - Food Permits; Requirements and Fees

Current through Reg. 50, No. 138; July 16, 2024
(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
				water).
(b) Canning plant. A
				processor or packer or both of fruit, vegetables, seafoods or other foods in
				hermetically sealed containers.
(c)
				Charitable Food Organization. An entity that is registered as a charitable
				organization as defined in Section
				496.404 F.S., has submitted
				annual forms pursuant to the requirements of Section
				496.405, F.S., and engages in
				activities subject to a food permit as provided under Section
				500.12, F.S.
(d) Convenience store. A business that is
				engaged primarily in the retail sale of groceries or motor fuels or special
				fuels and may offer food services limited to coffee from urns, or iced or
				frozen drinks, with no retail food processing.
(e) Convenience store with limited food
				service. A convenience store 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, but without retail food processing.
(f) Convenience store with significant food
				service. A convenience store 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.
(g) Food salvage center. A firm specializing
				in sorting, segregating and re-working damaged foods, primarily for wholesale
				distribution.
(h) Food storage
				warehouse. A cold storage warehouse, a dry storage warehouse, or a commercial
				food distribution center.
(i)
				Frozen dessert manufacturer. A person who manufactures, processes, converts,
				partially freezes, or freezes any mix or frozen dessert for distribution or
				sale without utilizing pasteurization. This definition includes ice cream
				manufacturers that do not utilize pasteurization
(j) Grocery store. A retail food store
				stocking a wide variety of foods and engaged in retail food processing which
				contains four or fewer check-out registers and less than 15, 000 total square
				footage, including display, preparation and storage areas.
(k) Health food store. A retail food store
				engaged primarily in the sale of prepackaged vitamins, minerals, nutritional
				supplements and foods intended for health conscious persons but with no food
				service or retail food processing.
(l) Health food store with food service. A
				health food store where food 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, but with no retail food processing.
(m) Large Food Charity. A Charitable Food
				Organization that qualifies for fees under Sections 496.405(4)(a)2. -
				496.405(4)(a)7., F.S.
(n) 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, F.S.
(o) Limited Sales. Any business fitting any
				of the definitions in this subsection with gross food sales less than $15,
				000.00 annually.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
(t) 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.
(u) Mobile vendor. Persons
				selling foods other than fresh fruits or vegetables from trucks, trailers or
				similar self-propelled conveyances.
(v) 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.
(w) Processor,
				other perishable foods. A processor of cheese, packaged sandwiches, bulk or
				packaged salads, or other perishable foods not defined elsewhere in this
				section.
(x) 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.
(y) Retail bakery. A Food Establishment that
				bakes breads, pastries or other similar baked goods, primarily for retail sale
				on the premises.
(z) 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.
(aa)
				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.
(bb) Salvage store. A
				retail food store specializing in salvage foods.
(cc) 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.
(dd) 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.
(ee) 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.
(ff) Small Food
				Charity. A Charitable Food Organization that qualifies for fees under Section
				496.405(4)(a)1., F.S.
(gg)
				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.
(hh) Tomato Packing
				House means any establishment that washes, packs, or otherwise treats tomatoes
				in their unpeeled, natural form before they are marketed.
(ii) Wholesale bakery. A Food Establishment
				that bakes breads, pastries or other similar baked goods, primarily for
				wholesale distribution.
(jj)
				Unattended Food Establishment (also known as micro markets). A Food
				Establishment that provides packaged foods or whole fruit using an automated
				payment system and has controlled entry not accessible by the general
				public.