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

Universal Citation: FL Admin Code R 5K-11.002

Current through Reg. 50, No. 249, December 24, 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.

(4) Permit renewal. Food permits must be renewed by the MMTC annually as prescribed in subsection (3), with the exception of the initial inspection in paragraph (3)(d).

(5) Prior to implementation, MMTCs shall notify the Department in writing at foodinsp@FDACS.gov, of any changes or additions to food products to be produced or manufactured.

(6) Food Permit Fees.

(a) Applications for an initial food permit received by the Department between January 1 through June 30 shall be assessed a permit fee of $650.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(b) Applications for an initial food permit received by the Department between July 1 through December 31 shall be assessed a permit fee of $325.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(c) The renewal permit fee shall be $650.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(d) Late Fees. A late fee of $100.00 will be applied to all permit renewal applications not received by the Department as prescribed in Section 500.12, F.S. The Department shall not issue a food permit until all applicable fees, including late fees, are received by the Department.

(7) An MMTC may produce or manufacture Edibles in more than one physical location. An MMTC must complete the application requirements and receive an individual food permit for each physical location, by address, in which Edibles are produced or manufactured.

(8) Change in Ownership or Physical Location of an MMTC. An MMTC must complete the application requirements and receive a new food permit prior to manufacturing or producing edibles in a new location or after a Change in Ownership. Food permits are not transferable from one person or physical location to another.

(9) The permit or permit number shall not be used on any label or in any advertisement of Edibles. Permits shall be conspicuously displayed at the locations for which they were issued.

Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 381.006(10), 500.12, 500.147 FS.

New 3-16-20.

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