(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 Florida Statutes § 496.405, and engages in activities subject to a food permit as provided under Florida Statutes § 500.12
    (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 Florida Statutes § 823.14
    (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 following conditions are met:
    (a) The Food Establishment submits a complete Food Permit Application, FDACS-14306 (Rev. 06/2023) to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 06/2023) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-16003, or by requesting a copy by emailing FoodSafety@FDACS.gov.
    (b) The Food Establishment submits the permit fee indicated in subsection (4) to the Department; and
    (c) The Department conducts an inspection 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 Florida Statutes Chapter 509
    (e) No food permit shall be issued until all applicable fees required by subsections 5K-4.004(8), 5K-4.020(4)-(6), and Fl. Admin. Code R. 5K-4.035 have been submitted to the Department.
    (3) Enforcement.
    (a) Any person violating this rule shall be subject to the injunction procedures of Florida Statutes § 500.171, and to the penalties provided in Florida Statutes § 500.177, and Fl. Admin. Code R. 5K-4.035
    (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 Florida Statutes § 496.405 and will be subject to fees as outlined in this rule based on food activities conducted at the establishment.
    (4) Food Permit Fees.
    (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 new food permit application, an inspection meeting requirements, and a fee in the amount specified in subsection 5K-4.020(4), F.A.C., are 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) Beginning January 1, 2024, food permits issued by the Department will be renewed on a rolling basis in accordance with Florida Statutes § 500.12, with permit expiration dates based on the month and date the food permit was first issued (“”initial permit date””).
    (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 Florida Statutes Chapter 500, 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 Florida Statutes Chapter 500, 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 Florida Statutes § 500.12, 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. 10/23) 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. 10/23) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-16004 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. History-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.