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The Florida Senate

2011 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 502 MILK, MILK PRODUCTS, AND FROZEN DESSERTS Entire Chapter
SECTION 053
Permits and licenses; fees; requirements; exemptions; temporary permits.
F.S. 502.053
502.053 Permits and licenses; fees; requirements; exemptions; temporary permits.—
(1) PERMITS AND LICENSES.—
(a) Each Grade “A” milk plant, whether located in the state or outside the state, and each manufacturing milk plant, milk producer, milk hauler, milk hauling service, washing station operator, milk plant operator, milk distributor, single-service-container manufacturer, receiving station, and transfer station in the state shall apply to the department for a permit to operate. The application shall be on forms developed by the department.
(b) Each frozen dessert plant, whether located in the state or outside the state, that manufactures frozen desserts or other products defined in this chapter and offers these products for sale in this state must apply to the department for a permit to operate. The application must be submitted on forms prescribed by the department. All frozen dessert permits expire on June 30 of each year.
(c) Any person who tests milk or milk products for milkfat content by weight, volume, chemical, electronic, or other method when the result of such test is used as a basis for payment for the milk or milk products must apply to the department for a license. To qualify for a license, the applicant must demonstrate a sufficiency of knowledge, ability, and equipment to adequately perform milkfat tests. The license shall be issued for a period of 2 years after the date of first issuance upon application to the department on forms prescribed by the department.
(d) Permits and licenses are nontransferable between persons or locations and are subject to suspension or revocation as provided in this chapter.
(2) FEES.—
(a) The initial application for a frozen dessert plant permit must be accompanied by a permit fee of $200. The annual permit renewal fee is $100.
(b) The department shall charge each applicant for a milkfat tester’s license a fee not to exceed $125.
(3) REQUIREMENTS.—
(a) To obtain a frozen dessert plant permit or milkfat tester’s license, an applicant must satisfy all requirements that are defined by the department in rule and must agree to comply with the applicable provisions of this chapter and rules adopted under this chapter. The department shall mail a copy of the permit or license to the applicant to signify that administrative requirements have been met.
(b) All permitholders must maintain records of transactions concerning the procurement, production, and processing of milk and milk products as required in the Grade “A” pasteurized milk ordinance and grant department inspectors access to such records during all reasonable hours.
(c) In addition to the testing required in the Grade “A” pasteurized milk ordinance and its appendices, each milk plant operator in the state shall be responsible for routine testing and inspection of raw milk shipped from outside the state prior to processing and shall notify the department when such testing and inspection indicate a violation of the standards contained in the Grade “A” pasteurized milk ordinance.
(d) Each frozen dessert plant permitholder must report monthly, quarterly, semiannually, or annually, as required by the department, the number of gallons of frozen dessert or frozen dessert mix sold or manufactured by the permitholder in this state.
(e) Each licensed milkfat tester shall keep records of milkfat tests conducted by him or her for a period of 1 year, and such records must be available for inspection by the department at all reasonable hours.
(4) EXEMPTIONS.—
(a) The following persons shall be exempt from milk hauler permit requirements:
1. Milk producers who transport milk or milk products only from their own dairy farms.
2. Employees of a milk distributor or milk plant operator who possesses a valid permit.
3. Drivers of bulk milk tank trucks between locations who do not collect milk from farms.
(b) Grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold, but not processed, may be exempted from permit requirements.
(c) Frozen desserts retail establishments as defined in s. 502.012 are exempt from this chapter.
(5) TEMPORARY PERMITS.—
(a) The department may issue a temporary permit for a period not exceeding 90 days to milk producers who have submitted an application to the department and passed a preliminary inspection as required in the Grade “A” pasteurized milk ordinance.
(b) During this 90-day period, the department shall act expeditiously to determine compliance with all relevant laws and, upon finding compliance, shall issue a permit pursuant to subsection (1).
History.—s. 7, ch. 94-92; s. 14, ch. 2001-279; s. 6, ch. 2007-67; s. 22, ch. 2011-206.