VENDOR APPLICATION LAKE MARY PARKS & RECREATION DEPARTMENT REVISED

Transcription

1 VENDOR APPLICATION LAKE MARY PARKS & RECREATION DEPARTMENT REVISED

2 The Lake Mary Farmers Market is a year-round market that provides an opportunity for local vendors of produce, plants, baked goods, consumables, and homemade arts and crafts to sell their items in Central Park at Lake Mary City Hall. The Lake Mary Farmers Market is organized and administered by the Lake Mary Parks and Recreation Department. All vendors must be approved by the Lake Mary Parks and Recreation Department through the Farmers Market Vendor Application process. Application Process All Farmers Market Vendor Application Forms are processed on a first-come, first-serve basis. 1. Submit application form along with copies of all required licensing and the non-refundable $25 application fee. a. Application Forms may be submitted via mail or in-person to the Lake Mary Parks and Recreation Department at: Lake Mary Community Center ATTN: Farmers Market 140 E. Wilbur Avenue Lake Mary FL, b. Office hours are Monday thru Friday, 9am-6pm. Mailed in payment can be made by check or money order. In-person payments can be made by check, money order, or credit card (additional service fees required). All checks should be made payable to the City of Lake Mary. 2. Once received, a confirmation will be sent to notify the application has been received and is under review. Please allow up to two (2) weeks for the review process to be completed. 3. Upon approval, notification will be sent requesting a planned start date. General Farmers Market Information Electricity: Is electricity requested? (Circle one; use must be approved in advance): No Yes Market Location: The Lake Mary Farmers Market ( Market ) operates in the mulched area of Central Park at Lake Mary City Hall, 100 N. Country Club Road, Lake Mary, FL Market Hours: The Lake Mary Farmers Market operates every Saturday, from 9:00 AM to 1:30 PM. The Lake Mary Parks and Recreation Department reserves the right to cancel the market or close the market early during times of inclement weather, holidays, or special events. Market Fees: The following fees are established as rent for a 10 x10 vending space. Tents and tables are to be provided by the vendor. Full-time Vendor- $18 per Saturday, due monthly in advance Definition: Any vendor that commits to participate in a minimum of forty (40) Saturdays per year. Requirements: Rent for the entire month is due by the last Saturday of the previous month. No refunds or credits (other than credits for official market closures) will be given once rent has been Lake Mary Farmers Market Application REVISED

3 collected. Should more than twelve (12) absences occur in the year, the vendor will lose full-time vendor status for the remainder of the year. Part-time Vendor- $25 per Saturday, due weekly in advance Definition: Any vendor that participates on a weekly basis. Requirements: Rent is due prior to securing your space. Availability to attend the market is assigned on a first-come, first-serve basis. Accepted Forms of Payment NO cash will be accepted after September 1, 2017 Check or Money Order - Made payable to: City of Lake Mary Credit or Debit Card (a 2.95% service fee will be added) Vendor Licenses: Vendors are required to comply with all local, state, and federal laws and regulations related to the product they sell. Vendors selling hot foods will be required to provide a copy of their mobile vending permit from the Florida Department of Business and Professional Regulation. Vendors selling other food items, not classified as cottage foods, will be required to provide a copy of their annual food permit from the Florida Department of Agriculture. Vendors selling cottage foods in compliance with Section , Florida Statutes, and with annual gross cottage food sales of less than $15,000 are exempt from the food permitting requirements of Section , Florida Statutes. Licenses must be displayed in the vendor s booth, visible to customers. Vendors are also required to provide a copy of their Seminole County business tax receipt. Market Setup and Cleanup: Vendor spaces are not permanently assigned. The Lake Mary Parks and Recreation Department has final decision on the market layout and vendor space assignments. Vendors are responsible for setting up and cleaning up their assigned space. All unloading must be completed no later than thirty (30) minutes prior to market opening. Cleanup must be completed by no later than 2:30 PM. Vendors are responsible for picking up all trash from in and around their assigned space and disposing of trash to the dumpster located in the City Hall parking lot. Market Rules: 1. Vendors must be unloaded no later than thirty (30) minutes prior to market opening. 2. Once unloaded, vendors must park either in the City Hall parking lot or at Lake Mary Elementary School. 3. Vendors must remain setup (i.e. no loading/unloading) from assigned spaces) during the entire duration of the Farmers Market, unless otherwise approved or instructed by the onsite Parks and Recreation staff. 4. Vendors will only be permitted to sell the product(s)/item(s) that was/were approved on their vendor application. Any additional items they wish to sell requires prior written approval from the Parks and Recreation Department. 5. Limited power is available at the market for use by the vendors. Use of power must be approved by the Parks and Recreation Department, prior to plugging in to an outlet. 6. Generators must be approved by the Parks and Recreation Department, prior to use at the market. 7. Only two (2) vendors per product will be allowed in the market on a given Saturday. 8. Retail items (furniture, resale, antiques, etc.) are not permitted. 9. Vendor spaces are not permanently assigned. The Parks and Recreation Department has the final decision on the market layout and vendor space assignments. Lake Mary Farmers Market Application REVISED

4 10. The Lake Mary Parks and Recreation Department reserves the right to cancel the market or close the market early during times of inclement weather, holidays, or special events. 11. Vendors are responsible for picking up their own trash and keeping their booth clean and presentable. At the end of the market, all trash should be placed in the dumpster located in the City Hall parking lot. 12. Vendors will not be permitted to solicit customers anywhere other than from their own Vendor booth. 13. Samples may be given away to customers, but only from their own Vendor booth. 14. Smoking is NOT permitted in the Farmers Market, surrounding areas or in vendor booths. 15. Alcohol is NOT permitted in the Farmers Market, surrounding areas or in vendor booths. 16. Applicable state licenses must be posted, visible to customers. 17. Questions, issues, or problems should be directed immediately to the onsite Parks and Recreation Department staff. 18. The Parks and Recreation Department reserves the right to ask any vendor who is not following the market rules or vendor code of conduct to leave the market. Farmers Market Vendor Code of Conduct: The Lake Mary Farmers Market is a family friendly, community market which strives to build a sense of community and support between local vendors and residents. To help ensure an acceptable market atmosphere is being achieved, Vendors are asked to abide by the following code of conduct. Treat people with courtesy, respect, and honesty Demonstrate sensitivity to people of all ages, ethnicities, and diversities Do not treat any person in a manner that is rough, menacing, vulgar, profane, or abusive Abstain from physical or verbal abuse, at all times Provide products for sale that are of high quality Practice safe behaviors at all times, including while driving on-site and unloading/loading No vendor may be under the influence of alcohol or illegal drugs while participating at the market Notify Parks and Recreation staff immediately of any unsafe conditions Respect and adhere to all rules established for the Lake Mary Farmers Market Lake Mary Farmers Market Application REVISED

5 Lake Mary Farmers Market Vendor Application Applicant Name: Business Name: Mailing Address: Phone Number: Product Category: Product Description: Produce/Meats Plants Bakery Arts & Crafts Other Foods (Please submit a photo of your product with application) All Applicants must submit: Seminole County Business Tax Receipt (Seminole County Tax Collector ) Hold Harmless Statement (see attached) Food Vendor Applicants must either: Sell a food product that falls under Cottage Food (see attached Cottage Food requirements) OR Submit their Annual Food Permit (Florida Department of Agriculture ) Hot Food Vendor Applicants must also submit a: Mobile Food Vending License (Florida Department of Business & Professional Regulation ) Submittal of this application does not guarantee or reserve a space at the Lake Mary Farmers Market. The application fee is non-refundable and due at time of application. Applications are processed on a first-come, first-serve basis. All questions should be directed to the Lake Mary Parks and Recreation Department at Date Submitted: Applicant Signature: Lake Mary Farmers Market Application REVISED

6 HOLD HARMLESS AGREEMENT I,, am the owner of, an incorporated/unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers compensation laws. I hereby affirm that the above named business employs less than four employees, including myself, and therefore, the business is exempt from the statutory requirement for workers compensation insurance for its employees. I understand that I am not covered under the City of Lake Mary s insurance for liability or workers compensation. On behalf of the business, and its employees, I hereby agree to indemnify, keep and hold harmless the City of Lake Mary, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of our contract with the City of Lake Mary, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of City of Lake Mary or their employees, or of their subcontractors or their employees. The named business shall pay all charges of attorneys and all costs and other expenses incurred in connection with the indemnity provided herein, and if any judgment shall be rendered against the City of Lake Mary in any action indemnified hereby, the named business shall, at its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the CITY OF LAKE MARY under Section , Florida Statutes. Executed this day of, 20. Signature or STATE OF Witnessed by City Employee COUNTY OF Sworn to and subscribed before me this day of, 20, by, who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Type or print name: Commission No.: Lake Mary Farmers Market Application REVISED

7 ADDITIONAL INFORMATION Lake Mary Farmers Market Application REVISED

8 HONORABLE RAY VALDES SEMINOLE COUNTY TAX COLLECTOR P.O. Box 630 * Sanford, FL, * * NEW BUSINESS CHECKLIST Seminole County Occupational Business Tax Receipt Application completed and signed by an owner, partner, or officer of the corporation, or LLC. A Social Security or Federal ID number (Required by FL Statute [6]). Florida Corporation Charter page (Required if the business is incorporated). Fictitious Name Registration issued by the Florida Secretary of State (Required if business uses a name other than the owner s legal name or a corporate name). If the business is located within the city limits of Lake Mary or Sanford, it is recommended that you obtain the city business tax receipt prior to applying for the county tax receipt. Required Local, State or Federal license for regulated businesses as stated in the Seminole County Code. Bill of Sale and original (current year) Seminole County Occupational Business Tax Receipt (Required for the transfer of ownership of an existing business). Florida Sales Tax Number. (This is required by the Florida Department of Revenue. Your Seminole County Business Tax Receipt can be issued if you have not received the number, however, we strongly suggest that you make application to the Department of Revenue.) NOTICE: It is the responsibility of all businesses located in unincorporated Seminole County to receive zoning approval prior to conducting any type of business. Contact the COUNTY PLANNING DEPARTMENT ( ) to check zoning requirements for your location. NOTE: SEMINOLE COUNTY ZONING RULES REQUIRE THE BUSINESS OWNER TO RESIDE AT THE LOCATION WHERE A RESIDENTIAL ADDRESS IS USED. PROOF OF RESIDENCY IS REQUIRED. VERY IMPORTANT NOTE: All businesses within the state must file an annual Tangible Personal Property Tax Return with the County Property Appraiser on equipment used in the operation of the business. You may visit the Seminole County Property Appraiser website at to download a sample return with general instructions. However, it is suggested that you contact the Property Appraiser s Office at for specific first time filing instructions. If you have any questions regarding any of the requirements or the process of applying for a Seminole County Business Tax Receipt, please contact our office at The Seminole County Tax Collector WELCOMES YOU! Sanford Branch Office 1101 E First Street Sanford, FL Casselberry Branch Office 104 Wilshire Blvd Casselberry, FL Altamonte Springs Branch Office 995 N SR 434 Suite 505 Altamonte Springs, FL Oviedo Branch Office 1490 Swanson Dr #100 Oviedo, FL Lake Mary Branch Office 845 Primera Blvd Lake Mary, FL RV 01/16

9 SEMINOLE COUNTY TAX COLLECTOR'S INFORMATION GUIDE FOR NEW BUSINESS OWNERS As a new business owner, there are many regulatory items you should know. This guide is just a brief introduction to the most common issues and should not be relied upon as an all inclusive document. SPECIAL NOTES: The Tax Collector must be notified of any business or mailing address change. If a change of business ownership has taken place, a signed bill of sale must be presented to the Tax Collector s Office in order to transfer or renew the existing Business Tax Receipt. To conduct a Going Out of Business Sale you must obtain a permit. Call for more information or visit our website A fine of $250 may be added to any County Business Tax Receipt not obtained or renewed within 150 days of initial notice of tax due. LOCAL LEVEL: 1. Business Tax Receipts are required and issued to businesses operating within the boundary of Seminole County. Businesses located within any of our 7 cities will also need a Business Tax Receipt from that city. The city Receipt should be obtained prior to the Seminole County Business Tax Receipt to assure approved proper local zoning. Below are the seven city offices in Seminole County with addresses and phone numbers. If your business is located within the Cities of Altamonte Springs, Casselberry, Longwood, Oviedo, and Winter Springs, you will be issued both the city and county Business Tax Receipts at one time within the respective City Hall. We encourage the other two cities to offer this one-stop service in the future. Altamonte Springs 202 Newburyport Avenue Casselberry 95 Triplet Lake Drive (Ext. 1109) Lake Mary 100 N. Country Club Road Longwood 155 W. Warren Avenue Oviedo 400 Alexandria Blvd Sanford 300 N Park Avenue Winter Springs 1126 E SR The fee for the Seminole County Business Tax Receipt is $25 for all non-regulated licenses, and $45 for all regulated entities. Regulated businesses are defined as those requiring local, state, professional, or federal license or certification. Regulated businesses will be required to show proof of all required regulatory license or certification prior to being issued a Business Tax Receipt. 2. All Seminole County Business Tax Receipts expire September 30 th of each year. Certain Business Tax Receipts issued by the County may be renewed online ( by mail, or obtained at any of the following Tax Collector locations: Sanford Office County Services Building 1101 E First Street Sanford, FL Casselberry Office 104 Wilshire Blvd Casselberry, FL Altamonte Springs Office Oak Grove Shoppes 995 N SR 434 Suite 505 Altamonte Spgs, FL Oviedo Office 1490 Swanson Dr #100 Oviedo, FL Lake Mary Office 845 Primera Blvd Lake Mary, FL It is the responsibility of all businesses located in unincorporated Seminole County to receive zoning approval prior to conducting any type of business. Contact the COUNTY PLANNING DEPARTMENT ( ) to check zoning requirements for your location. Note: Seminole County Zoning rules require the business owner to reside at the location where a residential address is used. Proof of residency is required. 4. To occupy an existing building the new tenant must contact the County Building/Fire Division ( ) to verify approved occupational business use prior to occupying the building. All new commercial business locations that have never been occupied will require an occupancy/interior completion permit before the building is occupied. City Fire and Building Departments have jurisdiction over businesses within city limits. 5. Businesses providing electricity, water, metered or bottled gas, telecommunications services, or fuel oil, are required to collect a Public Service Tax on the sale of such items or services in unincorporated Seminole County. Contact County Fiscal Services ( ) for detailed information and forms. Revised 06/2016

10 6. Any person or entity who rents or leases any accommodation for six months or less must enroll and remit payment for the Seminole County Tourist Development Tax each month. This tax applies to hotels, motels, apartment buildings, bed and breakfast facilities, single or multi-family dwellings, condominiums, mobile home parks, and vessels. Detailed information regarding this tax is available on our website, 7. All businesses must file a Tangible Personal Property Tax Return annually with the office of the Seminole County Property Appraiser before April 1 st of each year ( ). ( Personal Property taxes are assessed on your business equipment and furniture as of January 1, and become payable November 1. Taxes become delinquent as of April 1. After that a Tax Warrant is issued. Personal property taxes follow the equipment, NOT the owner. When purchasing an existing business, make sure the tangible taxes have been paid in full for prior and current year. ( ) If you discontinue your business, contact this office at and the Property Appraiser s Office at as soon as possible to avoid additional cost and fees. 8. Small business information: Small business management workshops are available through the Seminole State College of Florida in Sanford ( ) (clients.floridasbdc.org). Federal forms, licenses, permits, and regulatory information is available at STATE LEVEL: 9. The Florida Department of Revenue issues State Sales Tax numbers. Their local office is located at 400 W. Robinson Street, Suite N302, Orlando, FL ( ; ) ( 10. Online information and filing is available at for the following required state registrations: Fictitious Name Registration (per Florida Statute Section ). Anyone conducting business and using a business name that does not fall under the State of Florida exempt guidelines must register their business name. ( ). All corporate registrations. ( ). 11. State licensing requirements for: Daycares, Preschools, and Adoption agencies can be obtained through the Florida Department of Children and Families ( ). ( Restaurants, Alcohol sales, and Mobile/Perishable Food Carts can be obtained through the Division of Hotel & Restaurant Commission ( ). The Division of Hotel & Restaurant Commission is located in the Hurston Building, North Tower, 400 W. Robinson St, Ste 802, Orlando, FL ( Convenience/Grocery Stores, Health Clubs, Automotive Repair Businesses, Travel Agencies, Moving Companies, Bakeries, Delicatessens, or Agriculture Products can be obtained through the Department of Agriculture and Consumer Services ( ). ( Salons, Accounting, Real Estate, or Construction Industry Professions can be obtained by calling the Department of Business and Professional Regulations ( ). ( Finance, Investments, Mortgage, and Banking Professions can be obtained by calling the Office of Financial Regulation ( ). ( 12. For Workers Compensation information, call the Department of Financial Services Customer Service line ( ) or the Orlando office ( , option 3). ( FEDERAL LEVEL: 13. The Internal Revenue Service issues the Federal I.D. numbers. Pertinent information on starting a business, as well as applying for the Federal ID number, and obtaining various forms and publications, is available at Revised 06/2016 FOR ANY ADDITIONAL INFORMATION, PLEASE CONTACT THE OFFICE OF THE SEMINOLE COUNTY TAX COLLECTOR AT

11 BUSINESS LOCATION INFORMATION No PO Box or PMB Permitted Name: Address: City: FL Zip: SEMINOLE COUNTY TAX COLLECTOR BUSINESS TAX RECEIPT APPLICATION (407) MAILING INFORMATION Check Here if Same as Business Location Name: Address: City: State: ZIP: Note: It is the responsibility of all businesses located in unincorporated Seminole County to receive zoning approval prior to conducting any type of business. Contact the COUNTY PLANNING DEPARTMENT ( ) to check zoning requirements for your location. Note: Seminole County zoning rules require the business owner to reside at the location where a residential address is used. Proof of residency is required. Date Open at this Location: Business Phone: Full Year Fee (If open date is between July 1 March 31): Not Regulated $25.00 Regulated $45.00 Half Year Fee (If open date is between April 1 June 30): Not Regulated $12.50 Regulated $22.50 If business has already been operating without a current Business Tax Receipt, additional penalties may apply. Please call Federal ID #: or SS #: (Social Security # Not Required If Federal ID Provided. F. S [6]) Business Description (Explain in Detail): EXISTING BUSINESS CHANGES/TRANSFERS: (Applies to existing businesses with a current Seminole County Business Tax Receipt.) Current account number if transferring from a location in Seminole County: Transfer $3.00 (Business Name, Location*, Ownership Changes, etc.) Please Specify Changes: Upgrade $20.00 (Not Regulated to Regulated**) Duplicate Business Tax Receipt: $3.00 *Call first if transfer involves a change in location. Owner, Professional, or Officer of Corporation Information Name of Individual: Title: Home Address: Home Phone: City: State: Zip: Complete the following for ALL Regulated Businesses:** Regulatory License/Certification #: (A current copy of Licensing Documentation must be attached) Complete the following for ALL Corporations, Trademarks, Limited Liability Companies, etc. Corporate Document #: (A current copy of your Corporation Documents from Dept. of State Division of Corporations) ** All Regulated business entities must present a current copy of their state license or certification. (over)

12 Fictitious Name (Reference Florida Statute Fictitious Name means any name under which a person transacts business in this state other than the person s legal name.) Florida Statute states as a prerequisite to receiving a local business tax receipt the applicant or new owner must present either: (1) A copy of the applicant s or new owner s current fictitious name registration, issued by the Division of Corporations of the Department of State. I am in compliance with Fictitious Name Registration: Fictitious Name Registration Number: (A current copy of the Fictitious Name Registration must be attached.) or (2) A written statement, signed by the applicant or new owner, which sets forth the reason that the applicant or new owner need not comply with the Fictitious Name Act. I am exempt from Fictitious Name Registration for the following reason checked: I am using only my personal legal first and last name (i.e., John Doe). A business formed by an attorney actively licensed to practice law in this state. I m a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession. A corporation, partnership, or other commercial entity pursuant to this section, unless the name under which business is to be conducted differs from the name as licensed or registered. By affixing my signature below, I understand that I am affirming that my business or profession is exempt from registering with the Division of Corporations of the Department of State for the reason checked above. Date Signature For additional information concerning Fictitious Name Registration or exemptions contact the Division of Corporations of the Department of State All information is subject to public record except for social security numbers. Under penalty of perjury, I certify that the foregoing information is, to the best of my knowledge and belief, true and accurate. I acknowledge that a Business Tax Receipt issued pursuant to this application does not waive requirements of any city, county, state or federal ordinance, statute or regulation that I must meet prior to entering the business, profession or occupation for which the Business Tax Receipt is sought. I have or will comply with all such requirements. I specifically acknowledge that a Business Tax Receipt issued pursuant to this application does not indicate that the parcel of land upon which I intend to operate is properly zoned for the activity I intend. It is MY RESPONSIBILITY TO VERIFY COMPATIBLE ZONING WITH THE APPROPRIATE ZONING AUTHORITY PRIOR TO COMMENCING OPERATIONS. Similarly, I acknowledge that the SEMINOLE COUNTY TRAFFIC ORDINANCE PROHIBITS PARKING WITHIN THE RIGHT-OF-WAY of any road for the purpose of selling merchandise or services. Date Owner(s), Professional, or Officer Signature Printed Name and Title MAKE CHECK PAYABLE Ray Valdes, Tax Collector APPLICATIONS MAY BE MAILED TO Ray Valdes, Seminole County Tax Collector Attn: Business Tax Dept. PO Box 630 Sanford, FL or Presented at any office locations 8:30 a.m. to 5:00 p.m. Monday through Friday. Sanford Office Casselberry Office Altamonte Springs Office Oviedo Office Lake Mary Office County Services Building 104 Wilshire Blvd Oak Grove Shoppes 1490 Swanson Dr. # Primera Blvd 1101 E First Street Casselberry, FL N SR 434 Suite 505 Oviedo, FL Lake Mary, FL Sanford, FL Altamonte Springs, FL Rev.01/16

13 Cottage Food Operations May Division of Food Safety 2016 Cottage food operations require no license or permit from the Florida Department of Agriculture and Consumer Services (FDACS) and are not inspected by any state government entity. Gross sales for a cottage food operation must not exceed $15,000 annually. Products must be sold directly by the cottage food operator to the consumer. Sales by Internet, mail order, consignment or at wholesale are prohibited. Cottage food products must be labeled in accordance with the requirements as outlined in Section (5), Florida Statutes, and United States Code of Federal Regulations Title 21, Part 101. All cottage food products offered for sale to the general public must be labeled: Made in a cottage food operation that is not subject to Florida s food safety regulations. Quick Reference Definitions Cottage Food Operation means a person who produces or packages cottage food products at his or her residence and sells such products in accordance with Section , Florida Statutes. Cottage Food Product means food that is not a potentially hazardous food, as defined by FDACS rule, which is sold by a cottage food operation in accordance with Section , Florida Statutes. Residence is defined to mean a primary residence that is occupied by an individual who operates a cottage food operation and that contains a single kitchen with appliances designed for common residential usage. The residence may only contain one stove or oven, which may be a double oven designed for noncommercial use. Potentially Hazardous Food means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation; An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation. As a cottage food operator, you are allowed to produce food items that are considered not potentially hazardous.

14 Florida Labeling Requirements The cottage food law requires specific labeling requirements for the sale of cottage food products. A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information (printed in English): The name and address of the cottage food operation; The name of the cottage food product; The ingredients of the cottage food product, in descending order of predominance by weight; The net weight or net volume of the cottage food product; Allergen information as specified by federal labeling requirements; If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements; and The following statement printed in at least 10-point type in a color that provides a clear contrast to the background label: Made in a cottage food operation that is not subject to Florida s food safety regulations. A sample is shown below and may assist with developing your cottage food product label. MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO FLORIDA S FOOD SAFETY REGULATIONS Chocolate Chip Cookie Ashley Christopher Bryant 1019 Food Safety Drive Tallahassee, Florida Ingredients: Enriched fl our (Wheat fl our, niacin, reduced iron, thiamine, mononitrate, ribofl avin and folic acid), butter (milk, salt), chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk), Soy lecithin as an emulsifi er), walnuts, sugar, eggs, salt, artifi cial vanilla extract, baking soda. Contains: wheat, eggs, milk, soy, walnuts Net Wt. 3 oz What Types of Cottage Foods Can I Produce? Loaf breads, rolls, biscuits Cakes, pastries and cookies Candies and confections Honey Jams, jellies and preserves Fruit pies and dried fruits Dry herbs, seasonings and mixtures Homemade pasta Cereals, trail mixes and granola Coated or uncoated nuts Vinegar and flavored vinegars Popcorn, popcorn balls What Cottage Foods Are Not Allowed? Salsa, barbecue sauces, ketchups and/or mustards Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus, garlic dip and salsas Fish or shellfish products Canned pickled products such as corn relish, pickles, sauerkraut Raw seed sprouts Bakery goods which require any type of refrigeration such as cream, custard or meringue pies and cakes or pastries with cream cheese icings or fillings Milk and dairy products including hard, soft and cottage cheeses and yogurt Cut fresh fruits and/or vegetables. Juices made from fresh fruits or vegetables Ice and/or ice products Fresh or dried meat, or meat products including jerky Foccaccia-style breads with vegetables and/or cheeses 2

15 SALES How do I sell my cottage food products? You may sell your cottage food products from your residence directly to the consumer. Sales are also approved at farmers markets, flea markets and roadside stands, provided you have no other food items in your space that require a food permit. If I have a roadside stand that is already inspected and permitted, can I also sell my cottage food? No. A permitted food establishment cannot sell cottage foods since they are from an unapproved source. Can I use the internet to sell my cottage food products? No, the law prohibits sales over the internet, by mail order or at wholesale. You can use your website to advertise your products or market your business, but cannot take orders or sell products via your website. Can I sell my cottage foods to restaurants? No. Cottage food is not allowed to be sold to local restaurants or grocery stores. These types of sales are considered wholesale and are not allowed under the law. Can I place my cottage food products in a store or restaurant on consignment? No. cottage food products cannot be sold on consignment. The sale must be person-toperson which means from the producer to the actual consumer. Can I sell my cottage foods to a wholesaler, broker or distributor? No. Under the cottage food guidance document, it is not legal for a producer to sell to a wholesaler, broker or distributor who would then resell the product. Can nonprofit organizations produce and sell cottage foods? No. Nonprofits do not have a single family domestic residence, and therefore do not qualify as a cottage food business. Can I sell my cottage foods at events such as wedding, festivals, and birthday parties? Yes, provided the cottage food products are produced and sold by the cottage food operator themselves and these are the only food products sold by the operator at the cottage food booth. The farmers market where I want to sell my products says I need a food license, even though I am a cottage food business. Can the market require a license? Yes. Even though an entity may meet the requirements of a cottage food operation, some farmers markets or other direct marketing venues may require vendors to have a food establishment license or to meet other requirements. Local policies enacted by farmers market boards and other local governing bodies are generally outside the scope of any Cottage Foods regulations. Do I need to have a DBA for the cottage food law? A DBA (Doing Business As) may be a requirement of your county or local municipality. 3

16 Can the County or City restrict me from having a cottage food operation? Yes. County, city, and local governments can enact laws restricting a cottage food operation in your home. Check with the licensing agency in your area for details. I lease space in a retail building where I operate a small antique shop. As a cottage food baker, can I sell my own baked goods from my shop under the current Cottage Food Guideline? No. Since your small antiques store is not the cottage food operation, you would not be able to sell your cottage food products from this location. PROCESSING LOCATION Can I make cottage food products in an outbuilding on my property, like a shed or a barn? No. Outbuildings such as sheds or barns are not allowed. Can I make and sell products from my motor home kitchen, cottage or summer home under the cottage food guidelines? No. Cottage foods may only be made in the kitchen of your primary residence. Second homes, vacation homes or motor homes do not qualify if they are not your primary residence. Can I make products in a rented kitchen and sell them under the cottage food guidelines? No. Cottage food can only be made in the kitchen of our home. Are there any special requirements regarding my home on-site well? Only potable water from a properly constructed on-site well or municipal water system can be used. Are there any concerns related to my home septic system? Depending on the nature and volume of the food products you will make for sale, there can be adverse effects to the existing system serving the home. The adequacy of the home system to handle additional wastewater loading can be evaluated by the local health department. The health department can advise you if modifications to the existing system may be needed. LABELING What does allergen labeling, as specified in federal labeling requirements, mean? It means you must identify if any of your ingredients are made from one of the following food groups: milk, eggs, wheat, peanuts, soybeans, fish (including shellfish, crab, lobster or shrimp) and tree nuts (such as almonds, pecans or walnuts). If you have an ingredient made with a wheat based product, you can: Include the allergen in the ingredient list. For example, a white bread with the following ingredient listing: whole wheat flour, water, salt and yeast. In this example, the statement whole wheat flour, meets the requirements of federal law. OR Include an allergen statement ( Contains : ) after the ingredient list. For example a white bread, with the following ingredients: whole wheat flour, water, sodium caseinate, salt and yeast. Contains wheat and milk. The Contains statement must reflect all the allergens found in the product. In this example, the sodium caseinate comes from milk. 4

17 Are there any special requirements for tree nuts labeling for allergens? Yes. If your cottage food has tree nuts as an ingredient you must identify which tree nut you are using. For example, if you made nut bread, an acceptable ingredient list would be: Ingredients: wheat flour, water, almonds, salt, yeast. The following would not be acceptable: Ingredients: flour, water, nuts, salt, yeast. Am I required to send my products to a laboratory to obtain an official ingredient list, or is it something I can put together on my own? You are not required to have your product analyzed by a laboratory to obtain an official ingredient list. If you use a prepared item in your recipe, you must list sub-ingredients as well. For example, just listing soy sauce is not acceptable. You would need to list soy sauce (wheat, soybeans, salt) on your label. Allergen labeling, as specified in federal labeling requirements, must also be included. I am concerned that some of my product ingredients that are not allergens are trade secrets and listing all my ingredients would lead to unfair competition. Do I have to list all of my ingredients or can I protect my trade secrets? According to federal regulations (Food and Drug Administration (FDA), 21CFR g(1)(2)), exceptions to labeling can be made. In particular, if the Commissioner of Food and Drugs finds that alleged secret ingredients are harmless an exemption may be granted. You should contact the FDA to discuss and propose an exemption from labeling. Do I have to include my home address on my product labeling or is a post office box sufficient? Yes. You must use the physical address of your home kitchen on your product label, not a post office box. The purpose of including an address on product labels is in case of a recall or traceback associated with a foodborne illness complaint or outbreak. If I make and sell wedding or other specialty cakes, how can I meet the labeling requirements, when I can t stick a label on the cake? For cakes that are not easily packaged, you must include all labeling requirements on the invoice and deliver the invoice with the cake. If boxed, the label must be included on the box. IS IT COTTAGE FOOD? Are pet treats considered cottage food? No. The cottage food guidance document applies to human food only. Can I produce and sell cooked vegetable products, like salsas, tomato sauces, spaghetti sauces, or foccacia bread with roasted vegetables as a cottage food? No. Food products made with cooked vegetable products do not qualify under the cottage food guidance document. Can I produce salsa, barbeque sauce, mustard, and other wet products? No. These food products must meet significant federal and state requirements. Can I roast coffee beans in my home kitchen and sell them? Yes. You can roast and sell whole bean coffee or ground coffee; however, you may not sell readymade coffee. 5

18 Can I make liquid beverages/drinks? No. Drinks and beverages are not allowed. Can I bake bread in a wood fired oven? Yes, as long as that oven is in your home kitchen. Can I make and sell cake pops? Yes - provided the cake pops do not have a filling that is not allowed and disco dust is not used as a decoration. Can I make and sell caramel and candy apples? Yes as long as the apples are raw and intact. Can I make and sell apple butter or other fruit butters? Yes. Butters made from fresh fruits are considered cottage food products. Fruit butters have significantly less sugar than a traditional jam or jelly. It is the combination of acid, sugar, pectin and heat that assures the safety of jams/jellies. Can I make and sell vegetable butters such as pumpkin butter? No. Butters using vegetable are not allowed. Can I sell raw honey? Yes, but ONLY if you harvest the honey from the hives, package and sell the product yourself. Can I purchase bulk honey, repackage and sell the bottles of honey? No. This is considered a manufacturing process and would require a food permit from FDACS. Can I make and sell pumpkin and sweet potato pies? No. Pies using these vegetables are not allowed. Can I make vanilla? Yes. Contact Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for additional information about alcohol. Can I make tinctures? Yes. Contact Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for additional information about alcohol. Can I press and sell apple cider? No. Apple cider is not a food allowed to be produced under cottage food, and beverages are not allowed. Can I grind wheat and other grains and make them into flour? Yes. You may grind any type of grain into flour, provided the packaging and labeling requirements are met. Can I make and sell dehydrated meats under the cottage food Law? No. Meats and jerky are not allowed. Can I make and sell foods with meat fillings such as empanadas? No. Meat products or foods with meat fillings are not allowed. 6

19 Can I make and sell hard candies or lollipops? Yes. Hard candies, lollipops and peppermint candies are allowed. Can I make and sell sweet breads, muffins or other baked goods made with fresh fruits and vegetables like zucchini, pumpkin and strawberries? Yes, but only if the fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can I use homegrown fruits and vegetables in baked goods? Yes. You should take care to thoroughly wash the homegrown produce and the fruits or vegetables must be incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Can homegrown produce be canned and used for making baked goods, like sweet breads, at a later date? No. Home canned products cannot be used to make cottage food. Commercially canned fillings such as canned pumpkin, cherry pie filling, etc. can be used. Can I freeze homegrown produce and use it for making baked goods, like sweet breads, at a later date? Yes, as long as the frozen fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables. Can I make and sell dry bread mixes or instant bread mixes? Yes. Dry bread mixes are an acceptable product to produce and sell. Does my chocolate fountain business qualify as a Cottage Food business? If your business is involved in any processing, preparation and storage of food items, including offsite, this food service business would not be eligible to operate under the cottage food guidance document and would required a food license from the Department of Business and Professional Regulation. If your service is hired to deliver the fountain equipment to the event, food product is purchased and delivered for each individual event, and assembled at the event, it would be considered a cottage food business. PREPARING COTTAGE FOODS Can I utilize commercial type equipment such as large rotary mixers in my cottage food operation? No. A private home is not equipped with sinks large enough to effectively wash large commercial equipment. Does my equipment, stove and/or refrigerator need to be NSF (a food equipment evaluation group) approved? No. As a cottage food operator, you are not required to meet NSF standards for your equipment used to manufacture cottage food products. 7

20 Where can I store ingredients and finished products for my cottage food business? Ingredients and finished cottage food products must be stored in your single family domestic residence where the cottage food products are made. This includes your kitchen, a spare room or a basement that is free of dampness/water, pests or other unsanitary conditions. You may not use a garage, shed, barn or other outbuilding as a storage facility for your Cottage Food business. Can I serve free samples of my cottage food products? Yes. Approved cottage foods for sample must be pre-packaged in your home kitchen (e.g, if you sample bread, you can t cut it at the market, but can cut it in your home kitchen and individually wrap or package the bread samples into sample cups with lids). Although you do not need an individual label for each sample, you must have properly labeled packages of your product on display with the samples so your customer can review the ingredient list. Links: LABELING: ALLERGENS Food and Drug Administration Food Code Chapter 500, Florida Statutes Division of Food Safety foodinsp@freshfromflorida.com 8 FDACS-P Rev

21 Florida Department of Agriculture and Consumer Services Division of Food Safety INFORMATION FOR GETTING A FOOD ESTABLISHMENT PERMIT Within the State of Florida, to minimize the risk of foodborne illness, the Florida Department of Agriculture and Consumer Services (FDACS) inspects both the retail and wholesale food supply. Permitted food establishments include: supermarkets / grocery stores, convenience stores, coffee shops, bakeries, retail meat markets, seafood markets, juice and smoothie bars, bottled water plants, ice / water vending machines, processing plants, food storage warehouses, food salvage stores, businesses selling pre-packaged foods and certain mobile food units selling only pre-packaged foods or time/temperature control for food safety food items. Plan Review Plan review is not mandatory; however, all food establishments regulated by FDACS are encouraged to take advantage of Voluntary Plan Review. This process is designed to review the existing building, or the conversion, construction or remodeling plans of food establishments to evaluate conformance with the established requirements to avoid potential costly and time delaying modifications. Refer to our Plan Review Information and Application or call for the Plan Review Section. Requirements Prior to opening, an initial onsite inspection is required to ensure compliance with all food safety requirements. The food establishment must meet all Food Establishment Minimum Construction Standards and documentation of approved water and sewage must be provided at the initial inspection. Your first best step is to review and verify the building location you plan to utilize for food operations meets all minimum construction standards. Certified Food Manager All food establishments that process, pack, hold or prepare potentially hazardous foods at retail are required to designate a Certified Food Protection Manager. The certified food protection manager must have the knowledge, skills, and abilities to identify any hazards in the daily operation of the food establishment; develop and implement policies and procedures to prevent foodborne illness; coordinate employee food safety training; direct food preparation activities and take corrective action as needed, to protect the health of the consumer; and conduct periodic in-house self-inspections of daily operations to ensure that food safety policies and procedures are followed. Request an Initial Opening Inspection Once you have determined the business meets all requirements, a request for an opening inspection must be made. This request should be made at least two weeks prior to your anticipated opening date. This request can be submitted online at Request Opening Inspection for Permit or by calling (850) Information needed to process the request is located at Food Establishment Permit Application. How Soon Will I be Contacted to Schedule an Initial Opening Inspection? After a request has been submitted, a field inspector will make contact within three to five business days to schedule an onsite inspection within two weeks. How Can I Expedite Permitting? Prior to submitting a request, verify the food establishment meets all minimum construction standards and other requirements based on your business. Ensure you have a copy of the water and sewer bill. Page 1 of 2

22 If utilizing septic and/or onsite well, refer to the minimum construction standards, evaluation on of onsite sewage (septic) and water supply capacity. Your food establishment is unable to be permitted without this documentation. Prior to the time of your onsite inspection, ensure that the applicable equipment for a safe food operation is working and that processes for food safety can be described by the onsite person in charge. Refrigeration units, thermometers and any other equipment required for your operation should be in working order for the field inspector to verify for permitting. Permit Fees Fees are determined at the time of initial inspection and are based on the type of food establishment operation. Fees cannot be determined prior to inspection and payment cannot be accepted by our inspectors in the field. Issuance of Food Permit A PASS rating on your initial inspection will initiate the processing of paperwork to receive a bill, which is completed and mailed to the owner address. Payment is required before the food establishment permit will be mailed and can be completed at Pay Online for fastest service. Permits will be mailed within approximately two weeks of receipt of payment. Food establishments may use their initial inspection report with a PASS rating and the confirmation of payment after online payment as indication the business is active with FDACS. Requirements of Other Governmental Agencies Regulations vary among counties and municipalities, and requirements from both may or may not apply to your business. Before making financial commitments, such as signing a lease, construction contracts, or purchasing an existing business, contact the Occupational License, Zoning and Building authorities for your location for their requirements. Alcohol License An alcohol beverage license can be signed only after an inspection has been completed with a PASS rating or after a food establishment has obtained plan review approval from FDACS. The FDACS team greatly appreciates your time reviewing the above to expedite the permitting process. Once you have had the opportunity to review the above information, if you have any further questions please contact our office. Division of Food Safety Rev. 05/16 Page 2 of 2

23 Florida Department of Agriculture and Consumer Services Division of Food Safety ADAM H. PUTNAM COMMISSIONER PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9)F.A.C. An Applicant or holder of a food permit may request assistance from the Department of Agriculture and Consumer Services in the review of construction or remodeling plans to evaluate conformance with the established requirements. Instructions for completing the plan review package: 1. Make and submit a plan review package that includes the following pages: The plan must include a coversheet (establishment name, address and intended square footage of establishment). The floor plan labeled with all areas of the building (e.g., retail or grocery area, processing departments, storage areas, restrooms, etc). Please identify if your business is part of a larger structure. The floor plan should identify all equipment (e.g., stoves, refrigerators, preparation tables, specialized equipment, etc). A plumbing sheet showing the water and sewer system including the location and installation of hand washing sinks, utility sink, three compartment sink and prep sinks, if any. Also, indicate the location of the water heater installation. The floor plans must also identify the construction finishes for the floor, wall, baseboard and ceiling throughout the facility. A mechanical sheet that shows the hood suppression system, ventilation system, HVAC system, etc. 2. The plans must be drawn to scale which means that everything must be in the correct proportions, e.g., if the establishment is 40 feet long and 20 feet wide, then the length of the wall would be drawn twice as long as the width wall on the paper, the same is true for all of the interior walls, rooms, and equipment. Measure the length and width of your establishment with a tape measure as well as the lengths and widths of all interior rooms including retail and processing areas, storage rooms, kitchens, walk in coolers, etc. Measure the length and width of all sinks, preparation tables, counter tops, refrigeration units and other equipment throughout. Also measure the spaces between each piece of equipment so that you will be able to accurately position each piece on your plan. If your establishment does not yet exist or you have yet to decide upon the exact equipment, your measurements will be estimated. The plans may be drawn on graph or quad paper; you may use any size grid however the most common and simple graph paper in office supply stores is labeled as ¼ inch grid. On this type of graph paper each small square is ¼ inch long. The way to the draw the plan to scale is to make each ¼ inch square equal to an exact real life distance. For example, if you make 1 foot equal to a ¼ square then a table in your establishment that measures 4 feet long and 3 feet wide is drawn to cover 4 squares across and 3 squares deep. Using the same ¼= 1 inch scale, if your establishment is 40 feet long and 20 feet wide, the wall would be 40 squares long and 20 squares wide on the graph paper. Draw all interior rooms, walls, hallways and doors according to your measurements. Add all the equipment, sinks, tables, etc. positioned accurately on the plan. Identify each piece of equipment with a number and create a list identifying to what each number represents. Identify all exits and mark the direction of door swing. Indicate the location of all automatic fire suppression/ventilation hood systems. Indicate all locations where dumpsters for solid waste will be. Other sheets may be requested during a review. 3. If the use of a private well, package sewer plant, or septic tank is intended, written approval(s) or permits from the appropriate agency are required at the time of plan review submission. Those agencies may be the Health Department, Environmental Protection Department or local municipality. Refer to the Food Establishment Minimum Construction Standards for more information on these requirements. FDACS Rev. 05/15 Page 1 of 5

24 Florida Department of Agriculture and Consumer Services Division of Food Safety ADAM H. PUTNAM COMMISSIONER PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9)F.A.C. 4. Send the Plan Review Package and a receipt or copy of payment to the address below: Plan Review Florida Department of Agriculture and Consumer Services Division of Food Safety 3125 Conner Blvd. Suite H Tallahassee, FL OR Plans may also be submitted electronically. To submit electronically you must make your payment online and include a copy of the online payment confirmation page along with the plan review package (in PDF format) and application to: FoodInsp@FreshFromFlorida.com. 5. A fee of $55.10, which includes a $25.00 application fee and $30.10 for the first hour of plan review, must be paid at the time of plan review submission. The payment of $55.10 can be paid online at or by check or money order by mail with a copy of the application to: Florida Department of Agriculture & Consumer Services PO Box 6720 Tallahassee, Florida *Note: Do not send plans to this address (this is only for plan review payment) 6. The time expended reviewing a revised plan is recorded in quarter hour increments with the minimum charge rate of one hour per plan review. Allow 30 days for processing. If changes are needed, the applicant must revise the plans or commit in writing to correct the deficiencies within 30 days. 7. A separate invoice, a return revenue envelope and supporting documents will be sent for additional time spent on plan review. Approval of the plans will not be sent until payment for additional service is received and processed. The final payment for plan review assistance is due 15 days from the date of the final invoice from the department. Approval of these plans and specifications by the Florida Department of Agriculture and Consumer Services does not indicate compliance with any other code, law or regulations that may be required including federal, state or local. It further does not constitute endorsement or acceptance of the completed establishment (its structure or equipment). The plans may be used to verify and determine compliance during the food establishment s initial inspection. After plans are approved and construction is complete, the Department must be contacted at (850) to request an initial opening inspection. A passing inspection is required prior to opening. 8. The contact person preparing the floor plan must complete the Plan Review application. All information on the application must be complete and legible. FDACS Rev. 05/15 Page 2 of 5

25 Florida Department of Agriculture and Consumer Services Division of Food Safety ADAM H. PUTNAM COMMISSIONER PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9)F.A.C. Instructions for completing the application Please complete all fields that are applicable. If you submit incomplete information, your plans will be delayed or denied. Upon completion of the plan review the stamped floor plans and approval letter will be returned, if more than this is required, such as the entire set of plans the applicant will be responsible for paying return shipping. Electronic plan reviews will be returned electronically. 1. Log Number (Office Use Only): Will be assigned to the application after payment is processed by Finance and Accounting. 2. Food Establishment and Owner Information: Food Establishment Name is the name of the establishment intended to be built, remodeled or converted. Food Establishment Physical Address is the location of the establishment being reviewed. Telephone Number and Address contact information for the individual(s) drawing/preparing plan. Contact Person Name and Address may be the Architect Firm and Firm Address or individual(s) drawing/preparing plan. Invoice and billing (Name and Address) indicate the name and address of where invoice and billing will be sent after plan review services are complete. Time spent on plans may extend beyond the allotted one hour (the establishment will be billed in quarter hour increments after the first hour). 3. Facility Information: New Construction: a newly constructed business/facility or a business opening in a location not previously permitted with a food permit. Remodel: business/facility that is being remodeled, upgraded or there is a change in food service. This could be due to increased seating change in food operation (single service to full service, significant change in additional operation hours, addition of a deli or food preparation in convenience store, etc). Conversion: change in occupancy/tenancy where an existing business has change occupancy or tenancy and there is a change in the food business operation. Other (mobile food establishment, mobile vehicle, etc). 4. Water Supply and Waste Water Disposal: Written approval for drinking (potable) water supply and waste water disposal from the appropriate agency is required at the time of plan review submission (Health Department, Environmental Protection Department or local municipality). Water Supply must be adequate, clean, and safe and may be from a municipal utility source (a public water source, city or county) the written approval from this source may be a water bill from the utility company which must be provided at the time of plan review submission. Please provide the name of the water municipality on the application. On-site well must have written approval from the appropriate agency (listed above) and must be provided at the time of plan review submission. Please keep in mind that quarterly laboratory testing for on-site well must be conducted in order to process with the water source. Please complete and submit the Evaluation of Onsite Sewage and Water Supply Capacity form that is attached to the Minimum Construction Standards and is also part of this information package. Waste Water Disposal: please indicate on the application how waste water will be disposed in the establishment. Municipal utility source: public sewage disposal. Package plant: waste water treatment plant. Septic plant: removal of waste water disposal from septic tank. Please provide the name of the waste water municipal sewage plant on the application. FDACS Rev. 05/15 Page 3 of 5

26 Florida Department of Agriculture and Consumer Services Division of Food Safety ADAM H. PUTNAM COMMISSIONER PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9)F.A.C. Grease traps or grease interceptors must be installed when required by the public sewerage system serving your establishment or by the Department of Health, County Health Department, if you are served by an onsite sewage disposal system. Please indicate on the plans and the application the location and the size of the grease trap. Indicate whether dumpster, garbage cans, or grease containers will be used for solid waste disposal. Please include the location of the dumpsters, garbage cans or grease containers on the floor plan and how the waste water accumulated from the containers will be disposed of. 5. Select the type(s) of service for the food establishment: Retail food processing may occur in establishments like supermarkets, grocery stores, convenience store with significant food, bakeries (retail), meat and seafood markets, delicatessens, etc. Retail sales include food items sold directly to the end consumer. Package food for retail includes prepackaged perishable and non perishable foods that may be sold in establishments like convenience stores or gas stations with limited food service, mobile vendors, etc. Wholesale food processing may process/manufacture perishable and non perishable goods. Wholesale includes food items sold to others for resale. Packaged food wholesale may be an establishment for cold/dry storage warehouse or a distribution center. Please indicate whether the establishment will have takeout meals or sit down meals, if there will be seating for the customers please indicating how many seats. If other type of service will be offered please indicate it on the application. A list of proposed menu items and processes for all foods intended to be prepared, packaged or held must be attached with the plan review package for review. For example- fresh squeezed juice by the glass, vacuum packaged smoked fish, sliced fruit, etc. 6. Finish Schedule: Floor surfaces must be smooth, nonabsorbent and easy to clean. Floor drains are necessary in all rooms receiving flush or flood type cleaning and where normal operations release water or other liquid waste on the floor. These floors must be graded to drain effectively and the wall and floor junctures must be coved. Please indicate on the application the type of material that will be used for the floor finish in all the areas listed. Carpeting is allowed only in customer access areas when approved by the Department. Carpet in toilet rooms is never allowed. Installing utility lines and pipes on the floor is not allowed. Walls and ceilings must be constructed of easily cleanable surfaces, and washable up to the highest level reached by splash or spray in: food preparation, processing, utensil washing, walk-in refrigeration/freezer, garbage and rubbish storage areas, dressing rooms, locker rooms and toilet rooms. Please indicate on the application the type of material that will be used for the wall finish in all the areas listed. Unnecessarily exposed utility service lines and pipes on walls or ceilings are not allowed. Where there are exposed utility service lines or pipes they must not obstruct or prevent cleaning of the walls and ceilings. The building must be constructed to prevent the entrance of vermin by using methods like: sealing walls, floors, ceilings; tight fitting doors and windows; proper screening (at least 16 mesh to an inch), protecting air vents, and other similar preventive techniques to make the establishment insect and rodent proof. Insect control devices must not be installed over food preparation or processing areas. FDACS Rev. 05/15 Page 4 of 5

27 Florida Department of Agriculture and Consumer Services Division of Food Safety ADAM H. PUTNAM COMMISSIONER PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9)F.A.C. 7. Cleaning Facilities: Cleaning facilities must be provided and conveniently located to keep all parts of the establishment, equipment, and utensils clean and sanitary. Ware washing sinks and/or mechanical dishwashing machine must be designed and plumbed for clean-in place equipment with hot and cold running water under pressure and dispensed through a mixing valve. Please indicate on the floor plans and application whether manual sinks will be installed with adequate backflow prevention. Hand wash sinks requires hot and cold running water under pressure and dispensed through a mixing valve. Please indicate the number of hand wash sinks on the floor plans and the application. Utility/Mop (service sink) sinks or curbed can wash facilities must have hot and cold running water under pressure. 8. Number of Other Facilities: Customers may not go through food processing, preparation, storage or dishwashing area to access the bathrooms. Toilet facilities and fixtures must be installed according to the Florida plumbing code as in section , Florida Statutes. Indicate on the application the number of public bathroom, employee bathroom and/or unisex bathroom that will be installed in the establishment. Please consider that other agencies may also require approval before construction, renovation or conversion of a building can occur: The Department of Environmental Protection for drinking (potable) water supply, sewage disposal systems, and storm water runoff; The Department of Health, County Health Departments for well water systems and onsite sewage disposal Local Building and Plumbing Departments, Local Zoning Boards; Local Occupational License Office. In order to obtain a food permit from our department the business/facility must first meet the Food Establishment Minimum Construction Standards you may also find this on our website at Division of Food Safety (850) FDACS Rev. 05/15 Page 5 of 5

28 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Food Safety PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9) F.A.C. Remit $55.10 Non-Refundable Application Fee Online at: -or- Check or Money Order Payable to FDACS and remit to: FDACS PO Box 6720 Tallahassee, FL ADAM Food H. Establishment PUTNAM and Owner Information COMMISSIONER Food Establishment Name: Food Establishment Physical Address: City: Telephone: Owner Name: Contact Person Name (If Different from Owner): Address of Contact Person: Invoice and Billing (Name and Address): Log Number (Office Use Only): Zip Code: Address: County: Check the appropriate box or fill in the blank for Facility Information: New Construction Remodel Conversion Other: Prior to initial Inspection, provide written approval for drinking (potable) water and for waste water disposal from the appropriate agency (Health Department, Environmental Protection Department or local Municipality). Water Supply: Municipal Utility On-Site Well Name of Municipality: Waste Water Disposal: Municipal Utility Package Plant Septic Plant Name of Municipal Sewage Plant: Grease Trap Size (Gallons)/Location: Solid Waste Disposal: Dumpster Garbage Cans Grease Container Indicate where dumpster, garbage containers and/or grease containers will be located: How will waste water from cleaning dumpster and/or garbage cans be disposed on site? Type of Service (Check all that apply): Retail Food Processing Package Food Retail Takeout Meals Sit Down Meals Wholesale Food Processing How Many Seats: Package Food Wholesale Other: FDACS /15 Page 1 of 2

29 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Food Safety PLAN REVIEW INFORMATION GUIDE AND APPLICATION Section (2), Florida Statutes; 5K-4.004(9) F.A.C. Remit $55.10 Non-Refundable Application Fee Online at: -or- Check or Money Order Payable to FDACS and remit to: FDACS PO Box 6720 Tallahassee, FL Finish Schedule Please Indicate the type of material used in the following areas (Example: Steel Frame, Wood Frame, FRP, etc.) Construction finishes must be smooth, easily cleanable and nonabsorbent. Food Processing Area Retail Storage(Food/Dry) Dishwashing Area Bathrooms Utility Room Floor Wall Cove Base (Baseboards) Ceiling Cleaning Facilities (Please indicate on plans): Manual (three compartment sink with drain boards or equivalent shelving and adequate backflow prevention) Number of three compartment sinks: Mechanical (Dish washing machine, etc.) Sanitization Method: Chemical Heat Number of hand wash sinks Number of Prep Sinks Utility/Mop sink location: Number of Other Facilities (Please Indicate on plans): Public Bathroom Employee Bathroom Unisex Bathroom Anticipated Construction Start Date: Target Date for Opening Business: Print Name Signature Date Please refer to the plan review information guide for detailed instructions on how to complete a plan, the application process and where to submit the plans. Important: payments may be made online or send a copy of this application with your payment (check or money order) of $55.10 to: Florida Department of Agriculture and Consumer Services PO Box 6720 Tallahassee, FL Org. Code: EO A2 Object Code: $55.10 FDACS Rev. 05/15 Page 2 of 2

30 Florida Department of Agriculture and Consumer Services Division of Food Safety FOOD ESTABLISHMENT MINIMUM CONSTRUCTION STANDARDS The following is intended as basic guidance and does not replace all the applicable laws and regulations concerning construction and food establishment requirements. These standards apply to all food establishments regulated by the Florida Department of Agriculture and Consumer Services (FDACS) for preparing, processing, storing or selling food for human consumption. All food establishments are required to have an initial inspection for permitting prior to beginning operation. Plan Review: Food establishments regulated by the Florida Department of Agriculture (FDACS) are encouraged to take advantage of Voluntary Plan Review prior to purchasing an existing business, conversion, construction or remodeling plans of food establishments prior to opening to evaluate conformance with the established requirements. Details can be found at Plan Review Information Guide and Application and can be found on the Department s website at Before making financial commitments, such as signing a lease, construction contracts, or purchasing an existing business, contact the Occupational License, Zoning and Building/Plumbing authorities for your location for their requirements. Other agencies may also require approval, including: The Department of Environmental Protection (DEP) for drinking (potable) water supply, sewage disposal systems, and storm water runoff; The Department of Health (DOH), County Health Departments for well water systems and onsite sewage disposal systems; Local Building and Plumbing Departments, Local Zoning Boards; Local Business/Occupational License Office. 1. Water Supply: The water supply must be adequate, clean, safe, and approved by either the Department of Environmental Protection through a licensed water provider, or the Department of Health, County Health Department, for onsite well water systems. Fire sprinkler systems may use a non-drinking (non-potable) water supply. The lines must be clearly marked so they are not mistaken for and connected to the drinking water supply. 2. Sewage and Waste Water Disposal: Sewage and waste water must be disposed of as follows: In a public (municipal) sewage disposal system regulated by the Department of Environmental Protection, or In an onsite sewage disposal system (e.g., a septic tank) regulated by the Department of Health, County Health Department. Grease traps or grease interceptors must be installed when required by the public sewerage system serving your establishment or by the Department of Health, County Health Department, if you are served by an onsite sewage disposal system. NOTE: The permitting process and inspection will occur only when the required documentation of approved water and sewage disposal is provided. A copy of a bill or application for service is required if on a public (municipal) water or sewage disposal system. A written approval from the Department of Health is required for food establishments using a water and or sewage disposal system that is under the regulatory requirements of the Department of Health before being permitted for operation by this Department. The Department of Health Interagency Evaluation Form at the end of this document may be used and additional instructions can be found in the information cover sheet for the form at the end of this document. Page 1

31 3. Plumbing: All plumbing must be sized, installed, and maintained according to the Florida plumbing code as written in section , Florida Statutes. The drinking (potable) water supply must be protected from contamination. Installing and maintaining devices to prevent backflow and back siphonage at all fixtures and equipment is necessary if there is no air gap. An air gap must be at least twice the diameter of the water supply inlet between the water supply inlet and the fixture s flood level rim. If hoses are used, the faucets must have a backflow prevention device. 4. Toilet Facilities: Toilet facilities and fixtures must be installed according to the Florida building and plumbing code as written in section , Florida Statutes. Toilet fixtures must be designed to be easily cleaned and in good repair. Toilet rooms must be well lighted and adequately ventilated, and free of offensive odors. Toilet rooms must be completely enclosed and have tight fitting, self-closing doors. Access to toilet rooms is not permitted by customers through food preparation, processing, or warewashing areas. Compliance may be achieved by physical separation such as a wall to prevent contamination. Toilet rooms cannot open directly into a food preparation, processing or warewashing areas. 5. Construction Materials and Finishes: Floor surfaces must be smooth, nonabsorbent and easy to clean. Floor drains are necessary in all rooms receiving flush or flood type cleaning and where normal operations release water or other liquid waste on the floor. These floors must be graded to drain effectively and the wall and floor junctures must be coved. Carpeting is allowed only in customer accessed non-processing areas and is never allowed in toilet rooms. Installing utility lines and pipes on the floor is not allowed. Walls and ceilings must be constructed of easily cleanable surfaces, and washable up to the highest level reached by splash or spray in: food preparation, processing, utensil washing, walk-in refrigeration/freezer, garbage and rubbish storage areas, dressing rooms, locker rooms and toilet rooms. Ceilings must be smooth and easily cleanable in all processing areas including the warewash sink area. Unnecessarily exposed utility service lines and pipes on walls or ceilings are not allowed. Where there are exposed utility service lines and/or pipes; they must not obstruct or prevent cleaning of the walls and ceilings. The building must be constructed to prevent the entrance of vermin by using methods like: sealing walls, floors, ceilings; tight fitting doors and windows; proper screening (at least 16 mesh to an inch), protecting air vents, and other similar preventive techniques to make the establishment insect and rodent proof. Insect control devices must not be installed over food preparation or processing areas. Page 2

32 6. Food Processing Equipment and Utensils: Equipment and utensils must be made from safe and durable materials; smooth and easy to clean; corrosion resistant and nonabsorbent. Equipment must be installed to allow aisles and enough space so employees can work without contaminating food or food-contact surfaces by their clothing or personal contact. Floor mounted equipment must have a clearance of 6 inches from the floor for cleaning purposes or be sealed to the floor. Table or counter mounted equipment must have a 4-inch clearance from the table or counter for easy cleaning. All equipment including movable equipment must be installed with adequate space for cleaning. Appliances must be installed to manufacturers specifications and according to national standards. Food protection equipment such as sneeze guards or other similar guards must be installed where applicable. Raw wood or pegboard is not allowed in areas where food is prepared, processed, displayed, stored, or in warewashing areas. 7. Sinks: all sinks in the food establishment require hot and cold water under pressure and must be dispensed through a mixing valve. Handwash sinks: Handwash sinks must be conveniently located and easily accessible for use by employees in all food preparation, food dispensing, processing, warewashing and ice bagging areas, and in or immediately next to toilet rooms. Hand soap and sanitary hand drying devices like single service towels, hot-air dryers, etc. are required. Hand wash signs must be present at each of the hand wash sinks. Warewash sinks: At least one three-compartment sink is required in food preparation and processing areas for retail food establishments. Warewashing sink compartments must be large enough to hold the largest piece of equipment or utensil. Manufactured food establishments may have alternative equipment, including but not limited to, highpressure detergent sprayers, low or line pressure spray detergent foamers, and specialized Clean in Place (CIP) equipment. Warewashing sinks may also be used to prepare foods if they are cleaned and sanitized before use, however, a separate prep sink may be more appropriate to use for food preparation. All three compartment sinks and culinary (prep) sinks must be indirectly plumbed to a sewage outlet pipe by either an air gap or air break. Required drain boards, utensil racks, or dish tables must be large enough to hold all soiled and cleaned items that may accumulate during hours of operation. Clean and soiled utensils and equipment must be adequately separated. All equipment and utensils must be air dried. Drain boards must drain properly. Mechanical warewashing machines must be equipped with temperature gauges and a data plate that is easy to read and attached by the manufacturer that shows the machine s design and operating instructions. Page 3

33 A mechanical warewash machine does not substitute for sinks if the equipment or utensils used by the establishment are larger than the warewash machine is designed to handle Mop Sink: At least one mop sink, utility sink, or curbed can wash facility must be provided. Additional mop sinks may be required in large food establishments. 8. Storage Facilities: Containers of food must be stored a minimum of 6 inches above the floor to protect from splash and contamination, and to allow for easy cleaning of the storage area. Pallets in good repair are allowed for food storage if there is equipment on the premises to move them for cleaning. Metal pressurized beverage containers, cased food packaged in cans, glass, or other waterproof containers need not be elevated when the floor is clean and the food container is not exposed to floor moisture. Food must not be stored under exposed water or sewer lines. Poisonous or toxic materials must be stored so they will not contaminate food, equipment, utensils, linens, and single-service or single-use articles by spacing or partitioning. Toilet rooms and rooms specifically designed to house electrical panels must not be used for storage. 9. Lighting: Required and adequate lighting must be provided in retail food establishments and food processing areas. All lights must be shielded where food, clean equipment, utensils, un-wrapped single service articles are exposed, and where clean linens are stored. Shields are not required if food is stored in unopened packages, and the integrity of the package keeps falling glass from tearing the packaging materials. Heat lamps must have a shield surrounding and extending beyond the bulb so only the face of the bulb is exposed. 10. Ventilation: Adequate ventilation is required throughout the establishment. Equipment that produces steam, smoke, or grease laden vapors must be properly vented. A hood system with fire suppression equipment is required where grease laden vapors are produced. The local building department will provide requirements and issue approval on these systems. 11. Garbage and Refuse Disposal: All garbage and refuse are required to be disposed of in a sanitary manner. Leak proof trash containers with tight fitting lids are required. Dumpsters must be in good repair with proper drain plugs installed and lids and doors kept closed. Dumpsters, compactors, and grease containers must be placed on non-absorbent surfaces such as a concrete pad or machine laid asphalt. Liquid waste from cleaning or from garbage must be disposed of as sewage into a drain connected to the proper sewage disposal system 12. Premises: Outside walking and driving surfaces must be adequately graded to prevent pooling of water. Dust must be minimized. Grass and other vegetation must be kept mowed and maintained to prevent the harborage of rodents. Doors that open to the exterior must be self-closing. Roll type receiving doors must be kept in good repair and closed except during deliveries. Page 4

34 WATER AND SEWAGE REQUIREMENTS FOR ISSUANCE OF A FOOD PERMIT All food establishments are required to provide documentation to meet the requirements for approved water source and waste water (sewage) disposal before initial permitting inspection. Documentation as proof of the source of water and/or sewage could be a water/sewage bill, an application for service, written documentation from the Municipal/Public system provider, a well permit, or the signed Interagency Form (attached at the end of this document) indicating an approved source (special circumstances for onsite wells and septic as below). Municipal Water and/or Sewage Systems An application for service or a copy of the water and /or sewage bill is acceptable. A bill is not required o have the new food establishment name listed as long as the address is the same and the bill is no more than 3 months old. Onsite Well A new food establishment operating with an onsite well must provide a valid onsite well permit or a signed Interagency Form (attached at the end of this document) signed by the Florida DOH or Florida DEP. Onsite well permits must be in the food establishment s name. Septic Systems The interagency form or other DOH written documentation of an approved septic system must be provided for: 1. A new food establishment with a septic system* 2. An existing food establishment with a significant change in food service operations *Existing FDACS permitted food establishment changing owner need to request a new permit but -new permits will not need to provide documentation of an approved septic system if there is no significant change in the food service operation AND/OR there are no signs of septic system failure. If using the Interagency Form (attached), complete as indicated below: Section 2 - Water is to be completed for water approvals by the Department of Health (DOH) or Department of Environmental Protection (DEP) depending on who regulates the water supply. Food establishments can locate a DOH contact at and a DEP contact at Food establishments operating from a Municipal/Public Water system can have the supplier sign off on Section 2 in lieu of a bill or application. Section 3 Wastewater is to be completed for wastewater approval. New food establishments operating on as Onsite Wastewater Disposal System (septic) must have Section 3 completed by the Department of Health. Only the Department of Health, the county health department, or the municipal utility company is authorized to sign section 3 indicating approval of your wastewater disposal system. Food establishments operating from a Municipal/Public Wastewater system can have the supplier sign off on Section 2. Rev. 05/16 Division of Food Safety Page 5

35 INTERAGENCY COORDINATION OF REGULATED ESTABLISHMENTS - DOH/DACS/DBPR/DCF/AHCA/APD EVALUATION OF ONSITE SEWAGE (SEPTIC) AND WATER SUPPLY CAPACITY This evaluation is to ensure certain regulated facilities/businesses are evaluated for adequate water and sewage services before opening or expanding operations. If the facility/business is on a DOH regulated onsite well or onsite septic system, completion of this evaluation will facilitate and expedite the approval process. Please return to the appropriate licensing agency when complete. Section 1 - EVALUATION REQUEST FOR/LICENSING AGENCY Completed by Applicant New (new building or structure) Expansion / Remodeling (increase in seating/residents/other) Change in Occupancy/Tenancy Licensing Agency: License Number: DBPR DACS DCF AHCA APD Contact Person: Phone: FAX: Comments: Establishment Name: Address: ESTABLISHMENT INFORMATION Type of Establishment: Contact Person / Phone#: City: County: Zip: Section 2 WATER The above named facility/business uses the following water supply (choose one type), and complete evaluation: Completed by DOH/CHD, DEP or Utility Authority s Municipal/Public Water System Name of Supplier: Onsite Well System Permit Number: Establishment served by a 64E-8, F.A.C., Limited Use Public Water System, DOH Regulated Establishment served by a Florida Safe Water Drinking Act (DEP or DOH) regulated public water system SYSTEM EVALUATION RESULT: (this section below normally only completed by DOH if on a DOH water system) Approved Comments: Denied (see comments) Name & Title (Printed) Signature Address County Health Department/DEP/Utility Date Phone Section 3 WASTEWATER The above named facility/business uses the following wastewater disposal system (choose one type), and complete evaluation: Completed by DOH/CHD, DEP or Utility Authority Municipal/Public Sewer Name of Supplier: Septic System (Onsite Wastewater) Permit Number: SYSTEM EVALUATION RESULT: (this section below normally only completed by DOH if on a septic system) Approved Single-Service Utensils Only Number of Residents/Students Number of Seats Permitted Number of Beds/Clients Denied Hours of Operation Other Conditions (see comments) (see comments) Food Service Yes No Comments: Name & Title (Printed) Signature Address County Health Department/DOH/Utility Date Phone Florida Department of Health/Bureau of Onsite Sewage Programs March 2012

36 Instructions/Explanations for Interagency Coordination of Regulated Establishments /Evaluation of Onsite Sewage and Water Supply Capacity As indicated on the evaluation page, the evaluation is to ensure facilities/businesses regulated by the Department of Business and Professional Regulation (DBPR), Department of Agriculture and Consumer Services (DACS), Department of Children and Families (DCF), Agency for Health Care Administration (AHCA) and Agency for Persons with Disabilities (APD) are evaluated for adequate water and sewage services before opening or expanding operations. When the evaluation form is completed, it is returned to the licensing agency to indicate whether or not the water and sewage services are adequate and have been approved by the appropriate agency or utility authority. The evaluation form is used to facilitate and expedite the approval process. The evaluation form is not intended to be used for existing or failing systems not associated with any changes to the operation. If the business/facility is served by onsite water or onsite septic system (one or both), the evaluation form must be completed by the Department of Health/County Health Department (DOH/CHD) in sections 2 and/or 3 and the regulating agency must not complete licensing until the DOH/CHD has approved the onsite septic and/or water system. Section 1 Evaluation Request For/Licensing Agency This section should be completed by the applicant. Ensure correct information regarding the applicant and facility is provided. Indicate by checking the appropriate box if this request is for a new facility, expansion/remodeling, or change in occupancy/tenancy. New A newly constructed business/facility Expansion/remodeling a business/facility that is being remodeled or upgraded. This could be due to an increase in seating (food service establishment), change in food operation (e.g., single service to full service, an increase in operation hours, addition of a deli or food preparation in a convenience store, etc.), an increase of the food preparation in a food outlet or bakery, increase in the residents in a adult living facility and increase in students in a childcare facility and more. Change in Occupancy/Tenancy an existing business that has changed occupancy or tenancy resulting in changes to the business operation. Indicate the appropriate licensing agency, permit number (if available), contact person with the licensing agency, phone number and any comments. In addition, complete the establishment information. Clearly indicate the name and physical address of the business/establishment, the type of business (i.e., restaurant, convenience store, bakery, childcare, adult living facility etc.) Provide the name of a contact person and phone number. Section 2 Water This section is to be completed by the DOH/CHD, Department of Environmental Protection (DEP) or the Utility Authority. If served by a Municipal/Public Sewer: Indicate the name of the supplier. You may provide the appropriate documentation requested by the licensing agency to validate this or have the Municipal/Public Sewer provider complete the evaluation section. If served by an Onsite Water System regulated by DOH: The entire portion of Section #2 should be completed by DOH/CHD. In this section list the permit number if a permit has been issued. Indicate the type of water system. List the result of the evaluation as either approved or denied. In comments section list any conditions of approval or disapproval that may be necessary. At the bottom of the form indicate the name and title of the Health Official reviewing or approving the evaluation including a signature, date, office address and phone number. The licensing agency needs this information for reference, questions and any validation that may be necessary. Section 3 - Wastewater This section is to be completed by the DOH/CHD, Department of Environmental Protection (DEP) or the Utility Authority. If served by a Municipal/Public Sewer: Indicate the name of the supplier. You may provide the appropriate documentation requested by the licensing agency to validate this or have the Municipal/Public Sewer provider complete the evaluation section. If served by a Septic/Onsite Wastewater System: This entire portion of Section #3 should be completed by the DOH/CHD. In this section list the permit number if a permit has been issued. List the result of the evaluation as either approved or denied. If approved, list the conditions of approval. The conditions include; food service establishments that are designed for single service utensils only, the number of seats approved, the hours of operation, in group care/institutional facilities the number of residents or students, in adult living facilities the number of bed or clients, other conditions and whether or not food service is provided. In the comments section, other details or conditions of permitting/approval can be listed. At the bottom of the form indicate the name and title of the Health Official reviewing or approving the evaluation including a signature, date, office address and phone number. The licensing agency needs this information for reference, questions and any validation that may be necessary. Florida Department of Health/Bureau of Onsite Sewage Programs March 2012

37 Florida Department of Agriculture and Consumer Services Division of Food Safety CERTIFIED FOOD PROTECTION MANAGER A Certified Food Protection Manager (CFPM) is the person responsible for the control or supervision over employees who engage in the processing, preparation and service of foods in the food establishment. The food establishment may designate someone who is responsible for the safety of the food supply, to be certified other than the person in charge. The designated CFPM must have the knowledge, skills and abilities to identify any hazards in the daily operation of the food establishment; develop and implement policies and procedures to prevent foodborne illness; coordinate employee food safety training; direct food preparation activities and take corrective action as needed, to protect the health of the consumer; and conduct periodic in-house self-inspections of daily operations to ensure that food safety policies and procedures are followed. What food establishments are required to have a CFPM? Food establishments, including mobile vendors, that, process, pack, hold or prepare potentially hazardous foods at retail. What food establishments are exempt from having a CFPM? Food establishments or mobile vendors that sell, store, or hold only pre-packaged, non-potentially hazardous foods that arrive at the food establishment in a pre-packaged state and that are not opened or otherwise further processed by the food establishment, Food establishments or mobile vendors that sell pre-packaged individual portion frozen novelties (examples: ice cream sandwich, frozen yogurt bars, popsicles etc.) and; Wholesale food establishments that are regulated under the Code of Federal Regulations (CFR s). How do I become a CFPM? To become a Certified Food Protection Manager, individuals must successfully pass a certification examination administered by nationally recognized manager certification test providers. Information and applications are available directly from the approved providers. Individuals are not required to attend an examination preparation or training course; however, preparation courses, study guides, and other helpful materials are offered by each of the approved test providers. Who are the approved test providers? These are the only approved test providers and are independent of FDACS. These can be contacted for times, dates, and cost of the examination as well as ordering training materials and scheduling a preparation course. NATIONAL REGISTRY OF FOOD SAFETY PROFESSIONALS (800) PROMETRIC (800) NATIONAL RESTAURANT ASSOCIATION, SERVSAFE (800) TRAINING (888) Is the CFPM certificate required to be posted? Florida Administrative Code 5K-4.021(3) states, Food establishment shall designate in writing its certified food manager(s). The designated manager(s)shall be posted in a conspicuous place within the food establishment. Posting the certificate will meet the requirement in the Florida Administrative Code. Page 1 of 2

38 Does the Florida Department of Agriculture and Consumer Services offer the CFPM test? No. All testing is conducted independently by one of the four test provide How do I obtain a copy of my Food Manager Certification? If you are unable to locate your food manager certificate, contact the approved provider who issued your certification for a replacement and any applicable fees. When is a CFPM required to be on the premises? At least one certified food manager must be present when there are four or more food employees on the premises at all times that are engaged in food establishment operations. A food employee is an individual working with unpackaged food, food equipment or utensils, or food contact surfaces. If the food establishment is open 24 hours, does a CFPM need to be present all 24 hours? Yes, if there are four or more food employees working in food establishment operations on the same shift during the entire 24 hour period then a CFPM is required to be on premise during that shift. Is a food establishment required to have more than one CFPM? Depending on the size and type of food service along with the hours of operation, more than one CFM may be needed to meet the requirement. Can a CFPM cover multiple stores when a CFPM is not required onsite at all times? No, there must be at least one Certified Food Protection Manager for each permitted facility. A district or regional supervisor who oversees several food establishments is not considered as meeting the CFPM requirements. How long is the CFPM certificate valid? The certificate is valid for five (5) years after the date of issue. What happens if the CFPM resigns or is terminated from the establishment? When a food service establishment s Certified Food Protection Manager ceases their employment, the establishment is considered to be out of compliance with the Certified Food Protection Manager certification requirements, the establishment has 90 days to come into compliance. Division of Food Safety Rev. 04/16 Page 2 of 2

39 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Food Safety REQUEST FOR INITIAL INSPECTION AND ANNUAL FOOD PERMIT APPLICATION Chapter 500, Florida Statutes Bureau of Food and Meat Inspection Attention: Records Section 3125 Conner Boulevard C-26 Tallahassee, FL Phone: (850) FAX: (850) The Florida Department of Agriculture and Consumer Services is the exclusive regulatory and permitting authority for any person, business or corporation engaged in manufacturing, processing, packing, holding or preparing food or selling food at wholesale or retail. For purposes of this application, food is considered to include, but is not limited to, all prepackaged grocery items, prepared foods, packaged ice, bottled or vended water, candy and other snack foods, soda, infant formula, vitamin and mineral dietary supplements INFORMATION ABOUT THE LOCATION TO BE PERMITTED Business Sales ( ) Sells Directly to Consumer ( ) Sells to Other Businesses ( )Both Plan Review ( ) Yes ( ) No Water Source ( ) Municipal ( ) Well ( ) Both Wastewater Type ( ) Municipal ( ) Septic Do You Package/Sell Ice For Sale? ( ) Yes ( ) No Do You Bottle Water? ( ) Yes ( ) No Business Name FoodsSold/Manufactured Location Address City/State/Zip Phone Number Directions County Alternate Phone Number INFORMATION ABOUT THE OWNER Name of Owner Business Type ( ) Individual ( ) Co-Owners ( ) Partnership (LP, LLP, GP, etc) ( ) Corporation (Inc., Corp., LLC) ( ) Non-Profit Owner Phone Number Alternate Phone Number Mailing Address City/State/Zip Federal Employers ID (FEIN) Sales Tax Number Please provide all of the information requested above and submit via , fax or mail. You will be contacted to schedule an inspection which is required prior to issuance of an Annual Food Permit. Contact Name and Phone Number for opening inspection Estimated Opening Date DO NOT SUBMIT MORE THAN TWO WEEKS PRIOR TO OPENING. This application must be signed by the applicant, owner or chief executive of the applicant, without the need for witnesses. If a corporation is in the hands of a receiver or trustee, this application shall be executed on behalf of the corporation by the receiver or trustee. I certify that I am empowered to execute this application as required by Chapter 500, Florida Statutes. Print/Type Name of Applicant Signature Title Date FOR INSPECTOR USE ONLY Food Est. Number Food Est. Type Territory Date ( ) New Business ( ) Corrected Information ( ) Other FDACS Rev. 07/13

40 Florida Department of Agriculture and Consumer Services Division of Food Safety MOBILE FOOD PERMIT REQUIREMENTS Mobile Food Establishments (MFEs) are to comply with requirements that are contained in Chapter 500, Florida Statutes (F.S.), Chapter 5K-4, Florida Administrative Code (F.A.C.) and with documents referenced in this guideline including the 2009 FDA Food Code. This document is only a summary of some of the regulations. A free copy of any of the documents referenced in this guideline may be obtained by visiting the web site DEFINITIONS: Certified Food Protection Manager (CPFM)- A person responsible for all aspects of food operations at food establishments regulated by the Department under Chapter 500, F.S. Commissary- An approved facility that provides support services for specific required functions of an MFE including the storage of packaged food items, food containers or supplies. These approved food establishments must be permitted or licensed by Florida Department of Agriculture and Consumer Services (FDACS) or Department of Business and Professional Regulation (DBPR.) Locations such as catering operations, restaurants, or grocery stores can be considered for approval as an MFE commissary. When not required at the MFE, commissaries may provide a three compartment sink for washing, rinsing, and sanitization of equipment/utensils in addition to hand wash and rest room facilities. Services required of the commissary will be based on the food sold and the MFE type and capabilities. A private residence may not be used as a commissary. Mobile vendor- Persons selling foods other than fresh fruits or vegetables from trucks, trailers, or similar selfpropelled conveyances (Chapter 5K-.020(1) (q), F.A.C.). Mobile food establishment (MFE)- Persons selling foods other than whole fresh fruits or vegetables from nonfixed structures. Mobile food establishments consist of mobile vendors and semi-permanent vendors. Potentially Hazardous Food (PHF)- A food that requires time and temperature controls to limit pathogenic microorganism growth or toxin formation. This includes raw or heat-treated food of animal origin; heat treated food of plant origin; raw seed sprouts; cut melons; and some garlic-in-oil mixtures. This does not include a food that has a moisture content (a w value) of 0.85 or less or a food with a ph level of 4.6 or below as specified in the Food Code. Potable water- Drinking water that meets the criteria described by the Florida Department of Environmental Protection (DEP) (Chapter F.A.C., Chapter F.A.C.) or the Florida Department of Health (DOH) (Chapter 64E-8, F.A.C.). Processing/preparing- The action which includes combining food ingredients, heating/cooking food, cutting/slicing of food, washing of fruit for juice processing, and repackaging of bulk foods or similar operations involving exposed foods. 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 (Ch5K.020(1)(aa)( F.A.C.). General Requirements for All Mobile Food Establishments MFEs are not allowed to process/prepare exposed potentially hazardous foods (PHFs) within their mobile food establishment units under an FDACS mobile food establishment permit. Page 1