502.053 Permits; requirements; exemptions; temporary permits. - Florida Statutes

502.053 Permits; requirements; exemptions; temporary permits.

   (1) PERMITS.

   (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) Permits are nontransferable between persons or locations and are subject to suspension or revocation as provided in this chapter.

   (2) REQUIREMENTS.

   (a) To obtain a permit, 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.

   (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.

   (3) 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.

   (4) 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.