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
Universal Citation: FL Admin Code R 5K-4.020
Current through Reg. 50, No. 249, December 24, 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.
(2) Food permits. The Department shall not issue a food permit to a Food Establishment until the Department receives a complete application for food permit. A complete application for food permit must include the items provided in paragraphs (a) through (c):
(a) A complete Food Permit
Application, FDACS-14306 (Rev. 08/2024) submitted to the Department, either
online or by mail as indicated on the form. Food Permit Application,
FDACS-14306 (Rev. 08/2024) is incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-17084,
or by requesting a copy by emailing FoodSafety@FDACS.gov;
(b) Payment of the permit fee indicated in
subsection (4) to the Department; and
(c) A preoperational inspection by the
Department of the Food Establishment, its equipment, and methods of operation,
and verifies that provisions of the Florida Food Safety Act, this rule chapter
have been met, and the Food Establishment submits to the Department proof that
water quality requirements have been met as required by this rule.
(d) A permit number shall be issued to the
Food Establishment by the Department after completion of paragraphs (a)-(c)
above and is not to be used on any label or in any advertisement of food.
Permits shall be conspicuously displayed at locations for which issued and are
not transferable. The provisions of this section do not apply to public food
service establishments as defined in Chapter 509, F.S.
(e) No food permit shall be issued until all
applicable fees required by subsections
5K-4.004(8),
5K-4.020(4)
-(6), and Rule 5K-4.035, F.A.C. have been
submitted to the Department.
(3) Enforcement.
(a) Any person violating this rule shall be
subject to the injunction procedures of Section
500.171, F.S., and to the
penalties provided in Section
500.177, F.S., and Rule
5K-4.035, F.A.C.
(b) A Food Establishment shall not be
considered a Large Food Charity or Small Food Charity for purposes of fees in
this rule unless properly registered pursuant to Section
496.405, F.S. and will be
subject to fees as outlined in this rule based on food activities conducted at
the establishment.
(4) Food Permit Fees and Renewal.
(a) One food
permit shall be issued to and one fee shall be charged to the Food
Establishment for all food operations at a single location, regardless of
whether the location may qualify under the definitions of this subsection for
two or more permits. If a location qualifies for two or more permits, only the
largest applicable fee shall be charged to that location, except that any
location qualifying for a Limited Sales permit shall only be charged the fee
applicable to a Limited Sales permit. If the ownership or physical location of
a Food Establishment changes during a calendar year, a complete application as
provided in subsection (2), is required before a food permit shall be issued.
Other license or permit fees may apply to a business, however, are not voided
by payment of the food permit fee. Fees charged to new Food Establishments
shall be the entire applicable fee for one year.
(b) Food permits issued by the Department
will be renewed on a rolling basis in accordance with Section
500.12, F.S., with permit
expiration dates based on the month and date the food permit was first issued
("initial permit date"). To renew a food permit, a complete Food Permit Renewal
Application, FDACS-14373 (08/2024) must be submitted to the Department, either
online or by mail as indicated on the form. Food Permit Renewal Application,
FDACS-14373 (08/2024) is incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-17085,
or by requesting a copy by emailing FoodSafety@FDACS.gov.
(c) Owners of One Food Establishment.
1. New food permits issued after September 1,
2023, must be renewed annually on or before the initial permit date.
2. Food permits issued before September 1,
2023, will expire on December 31, 2023. To renew the permit, owners must submit
the renewal application on or before December 31, 2023. The renewed permit will
expire on the initial permit date. Owners are required to pay a prorated fee
for each month starting from January 1, 2024, until the initial permit date.
This prorated fee amounts to 1/12 of the total permit fee for each month.
Owners must continue to renew their food permits annually on or before the
initial permit date.
(d)
Owners of 2 to 99 Food Establishments.
1. The
owner of 2 to 99 food establishments will have a single expiration date for all
their establishments. This expiration date will be the same as the initial
permit date of their first permitted food establishment.
2. Owners of 2 to 99 food establishments
shall renew all their food establishment permits by December 31, 2023. The
renewed permits will remain valid until the initial permit date established
according to subsection (4)(d)1., upon which the permits will expire. Owners
must pay a prorated fee of 1/12 of the permit fee for each food establishment
for every month starting from January 1, 2024, until the initial permit date.
Owners must renew their food permits on or before the initial permit date and
continue renewing annually on or before that date.
3. An owner of 2 to 99 food establishments
has the option to choose separate permit expiration dates for each food
establishment as specified in subsection (4)(c)2. If the owner does not make
this election by August 30, 2023, then the expiration date for all of the
owner's food establishments will be determined according to subsection
(4)(d)1.
4. Owners shall notify the
Department of their expiration date election by emailing FoodSafety@FDACS.gov
or mailing their expiration date election to FDACS, Division of Food Safety, PO
Box 6720, Tallahassee, Florida, 32399.
(e) Owners that Acquire Two or More Food
Establishments.
1. When an owner acquires
multiple food establishments permitted by the Department after August 30, 2023,
the food permits for all of the establishments shall expire on the initial
permit date of the first permitted food establishment. Owners are required to
pay a prorated fee of 1/12 of the permit fee for each subsequent month until
the initial permit date. Owners must renew their food permits on or before the
initial permit date and continue to renew annually on or before that
date.
2. When an owner acquires and
permits two or more food establishments, they have the option to choose
separate permit expiration dates for each establishment as outlined in
subsection (4)(d)3. However, if the owner does not make this election within 30
days of permitting the second establishment, the expiration date for all of the
owner's food establishments will be determined in accordance with subsection
(4)(e)1.
3. Owners shall notify the
Department of their expiration date election by emailing FoodSafety@FDACS.gov
or mailing their expiration date election to FDACS, Division of Food Safety, PO
Box 6720, Tallahassee, Florida, 32399.
(f) Owners will be afforded one opportunity
to elect individual food establishment expiration dates in accordance with
subsections (4)(d)3. or (4)(e)2.
(g) Owners of 100 or More Food
Establishments.
1. Owners of 100 or more food
establishments permitted by the Department have the option to choose December
31 as the uniform expiration date for all their food permits. This election
must be made on or before August 30, 2023.
2. If an owner of 100 or more food
establishments does not elect an expiration of December 31 for all its
permitted food establishments by August 30, 2023, then the expiration date for
the permitted food establishments shall be determined in accordance with
subsection (4)(c).
3. Owners shall
notify the Department of their expiration date election by emailing
FoodSafety@FDACS.gov or mailing their expiration date election to FDACS,
Division of Food Safety, PO Box 6720, Tallahassee, Florida, 32399.
4. For food establishments acquired and
permitted by an owner who has elected December 31 as the expiration date for
all its food permits, after August 30, 2023, the owner shall pay a prorated fee
of 1/12 of the permit fee for the newly acquired food establishment location
until December 31 of the calendar year in which the new location was permitted.
The new location shall have an annual expiration date of December 31.
(h) Owners that Acquire 100 or
more Food Establishments.
1. When the owner of
multiple food establishments permitted by the Department acquires and permits
its 100th food establishment after August 30, 2023, the owner may elect to set
the expiration of food permits for all of its food establishment locations as
December 31 of each calendar year.
2. If the owner does not elect an expiration
of December 31 for all its permitted food establishments within 30 days of
permitting its 100th location, the expiration date for the permitted food
establishments shall be determined in accordance with subsections
(4)(e).
3. Owners shall notify the
Department of their expiration date election by emailing FoodSafety@FDACS.gov
or mailing their expiration date election to FDACS, Division of Food Safety, PO
Box 6720, Tallahassee, Florida, 32399.
(i) Owners will be afforded one opportunity
to elect December 31 as the permit expiration date for all of its food
establishments in accordance with subsections (4)(g)1. or (4)(h)1.
(j) 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 |
|
Frozen Dessert Manufacturer |
200 |
|
Grocery Store |
540 |
|
Health Food Store |
300 |
|
Health Food Store with Food Service |
415 |
|
Large Food Charity |
130 |
|
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 |
|
Small Food Charity |
0 |
|
Supermarket |
650 |
|
Tomato Packing House |
100 |
|
Wholesale Bakery |
530 |
|
Unattended Food Establishment |
175 |
|
Water Vending Machine |
35 |
(5) Late Fees.
(a) The renewal fee for all food permits
shall be the same as the food permit fee required by subsection
5K-4.020(4),
F.A.C., except Frozen Dessert Manufacturers which have an initial permit fee of
$200 and an annual renewal fee of $100. If the renewal application and
applicable fee are not received by the Department on or before its due date, a
late fee of $100 must be paid in addition to the food permit fee required by
subsection 5K-4.020(4),
F.A.C., before the Department will issue the food permit.
(b) No Food Establishment shall be issued a
food permit until all applicable fees, including late fees, are received by the
Department.
(6) Recovery of Cost for Reinspections.
(a) A Food
Establishment shall pay a fee of $135 to the Department for recovery of the
cost incurred to provide each reinspection of the Food Establishment. 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 not meeting
requirements. Such inspection not meeting requirements shall be indicated by
issuance of an inspection report listing conditions which are not in compliance
and which, when viewed as a whole, are more likely to contribute to food
contamination, illnesses or environmental health hazards.
(b) Nothing in this section shall prohibit
the Department from imposing additional sanctions for violations of Chapter
500, F.S., or the rules promulgated thereunder. The costs of reinspection will
be billed by invoice of the Department and the reinspection fee shall be paid
within 21 days receipt thereof. Failure to timely pay a reinspection fee is a
violation of this chapter and shall be grounds for suspension of the Food
Establishment's food permit.
(c)
The fee established for a reinspection shall include the average cost per
inspection for inspectors' salary, benefits, travel, training, equipment,
supervision, and other costs or charges directly related to administration of
the Food Establishment inspection program.
(d) The fee shall be applicable for each
reinspection regardless of whether the reinspection met requirements or did not
meet requirements.
(7) Food Establishments permitted pursuant to Section 500.12, F.S., shall notify the department within 30 days after closure or dissolution of the business. Food Establishments shall submit a completed Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) to the Department, either online via the Food Permit Center portal or by mail as indicated on the form. Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17083 or by requesting a copy by emailing FoodSafety@FDACS.gov.
Rulemaking 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, 570.161, FS.
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, 3-16-20, 3-14-22, 11-20-23.
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