27401547, 5K-4.020 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27401547

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Chapter:

FOOD

Overview

RULE:

5K-4.020	Food Permits; Requirements and Fees
5K-4.035	Guidelines for Imposing Administrative Penalties

PURPOSE:

The purpose of this rulemaking is to clarify statutory fine/penalty authority for violations of chapter 500 and section 581.217, F.S., and Rule Chapter 5K-4, and clarify that all major rule violations shall result in a stop-sale or stop-use and an administrative fine.  The purpose of this rulemaking is also to implement the statutory changes that were passed during the 2023 Legislative Session. To effectuate the statutory changes, “frozen dessert manufacturer” is defined and is added to the permitting fee schedule, the deadlines for applying for food permits is being updated to allow for the issuance of food permits on a rolling basis, and a new form is incorporated which gives food establishments a way to document their closure with the Department.

SUBJECT:

Penalties for violations of chapter 500, section 581.217(7), F.S., and Rule Chapter 5K-4, definitions, permitting expiration, renewal, and proration, fee schedule, and business closure form.

RULEMAKING AUTHORITY:

500.09, 500.12, 500.12(1)(b), 500.12(1)(f), 570.07(23), 581.217(12), FS.

LAW:

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, 500.173, 500.174, 500.177, 570.15, 570.161, 581.217(7), FS.

PRINT PUBLISH DATE:

8/3/2023 Vol. 49/150

RELATED STATUTES
AND LAWS:

500.09, 500.12, 500.12(1)(b), 500.12(1)(f), 570.07(23), 581.217(12), FS., 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, 500.173, 500.174, 500.177, 570.15, 570.161, 581.217(7), FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5K-4.020&PDate=8/3/2023&Section=1

REFERENCE MATERIALS:

No reference(s).

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