(1) Purpose.
This rule establishes the regulatory parameters for a farm
based Food Establishment, limited to the provision of whole shell eggs and
dressed poultry products only. The basis for establishment of such parameters
is the USDA Guidance for Determining Whether a Poultry Slaughter or Processing
Operation is Exempt from Inspection Requirements of the Poultry Products
Inspection Act (revision date April 1, 2006), derived from language in Title 9,
Code of Federal Regulations, Chapter 3, subsections 381.10(a)(5) and (b)(1) and
(2) as administered by the USDA Food Safety Inspection Service and adopted by
reference in paragraph
5K-4.002(1)(b),
F.A.C., and, the Regulations Governing the Inspection of Eggs (Egg Products
Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57,
as administered by the USDA Food Safety Inspection Service and adopted by
reference in paragraph
5K-4.002(1)(a),
F.A.C.
(2) Definitions.
(a) Limited Poultry and Egg Farm Operation
means 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.
(b) For purposes of this rule, "farm" has the
same meaning as provided in Section
823.14, F.S.
(3) Requirements - poultry.
(a) For purposes of this rule, when the
criteria for a Producer/Grower - 20, 000 Limit Exemption as identified in the
USDA Guidance for Determining Whether a Poultry Slaughter or Processing
Operation is Exempt from Inspection Requirements of the Poultry Products
Inspection Act (revision date April 1, 2006) is met as determined by the USDA
Food Safety Inspection Service (FSIS), a poultry grower that slaughters and
minimally processes no more than 20, 000 birds in a calendar year, grown on his
or her own farm in the State of Florida, shall be permitted as a limited
poultry and egg farm operation. Qualification for this exemption, as identified
in the above guidance document, must be met in accordance with the Poultry and
Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection
464(c)(1)(C) & (c)(3) and Title 9, Code of Federal Regulations, Chapter 3,
subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food
Safety Inspection Service and as adopted by reference in paragraph
5K-4.002(1)(b),
F.A.C.
(b) Dressed poultry sold or
offered for sale by a limited poultry and egg farm operation must also meet the
applicable requirements of Chapter 583, F.S., and Chapter 5K-5, F.A.C. Sale of
dressed poultry by a limited poultry and egg farm operator with a flock of 20,
000 or less, shall be limited in accordance with the definition of a "Dealer"
in Section
583.01(4), F.S.
Poultry producers with flocks in excess of 20, 000 poultry that seek to process
poultry shall be permitted as a processer in accordance with Section
583.09, F.S. and paragraph
5K-4.020(1)(s),
F.A.C.
(4) Requirements -
shell eggs.
(a) For purposes of this rule and
in compliance with the Regulations Governing the Inspection of Eggs (Egg
Products Inspection Act) as provided in Title 7, Code of Federal Regulations,
Part 57, administered by the USDA Food Safety and Inspection Service, and
adopted by reference in paragraph
5K-4.002(1)(a),
F.A.C., a shell egg producer that maintains a flock of less than 1, 000 poultry
within any calendar year, on his or her own farm in the State of Florida, for
the purpose of producing shell eggs for human consumption, is eligible to be
permitted by this agency as a limited poultry and egg farm operation.
(b) A limited poultry and egg farm operation
that sells or offers for sale whole shell eggs must also meet the applicable
requirements of Chapter 583, F.S., and Chapter 5K-6, F.A.C. Sale of shell eggs
by a limited poultry and egg farm operator with a flock of less than 1, 000
poultry shall be limited in accordance with the definition of a "Dealer" in
Section
583.01(4), F.S.
Shell egg producers with flocks in excess of 1, 000 poultry shall be permitted
as a shell egg processer in accordance with Section
583.09, F.S. and paragraph
5K-4.020(1)(s),
F.A.C.
(5) Requirements -
general.
(a) Limited poultry and egg farm
operation products shall only be sold within the State of Florida and must not
be sold or offered for sale in interstate commerce.
(b) For purposes of this rule, a whole shell
egg product or dressed poultry product includes chicken, turkey, duck, goose,
guinea, or quail.
(c) A limited
poultry and egg farm operation shall not sell poultry or egg farm products by
mail order or at wholesale.
(d)
Inspection of the premises of a limited poultry and egg farm operation to
determine compliance with this rule will be to provide information during the
opening inspection and permitting process or upon receipt of a valid
complaint.
(e) No brokers or
dealers in agricultural products as defined in Section
583.01(4) or
604.15(2),
F.S., may be used to sell limited poultry and egg farm operation products. Only
the permitted limited poultry and egg farm operator, family member or employee
of the farm operation may sell limited poultry and egg farm operation products,
deliver products or serve as a sales representative for the permitted farm
operation. A permitted limited poultry and egg farm operator may also use
another permitted limited poultry and egg farm operator to facilitate delivery
or sales of farm products at a roadside stand, farmer's market or similar
open-air market locations, or by direct delivery to the
purchaser.
(6) Materials
adopted by reference. All documents and materials referenced in this rule are
hereby adopted and incorporated by reference and are available as follows:
(b) The USDA Guidance for Determining Whether
a Poultry Slaughter or Processing Operation is Exempt from Inspection
Requirements of the Poultry Products Inspection Act; revision date April 1,
2006, is available through the internet at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-03707.
Notes
Fla. Admin.
Code Ann. R. 5K-4.033
Rulemaking Authority
500.09 (3), (4), (8),
500.12 (1)(a), (b), 570.07(23),
583.01, 583.04 FS. Law Implemented 500.09, 500.12,
583.09
FS.
New 3-24-14, Amended by
Florida
Register Volume 46, Number 043, March 3, 2020 effective
3/16/2020.
New 3-24-14, Amended
3-16-20.
